1. The department may proceed of its own motion to form such district
and to authorize the proposed work as though petitions therefor had been
filed as provided in sections 15-1911 and 15-1913 or 15-1931. It may
negotiate with the federal government, investigate the proposed
district, study such plans of and reports on the proposed improvement as
it may find to be available and shall prepare a written report thereon
describing the proposed district, the proposed work, the fixation of the
district boundaries, giving estimates of the cost of the various parts
of the work which may be a charge against the state or the property
owners in the district and including a determination of enhancements and
an apportionment of costs of such a project. Such report shall be filed
and notice of such filing and of a hearing thereon given as provided in
sections 15-0903, 15-1913 and 15-1931.
2. After the final hearing the department shall determine whether it
is to the public interest to form the district and to proceed with the
work and, in general terms, what lands will be benefited thereby. These
matters shall be embodied in a written order, which shall, if the action
is favorable, form the district, authorize entry into agreements with
agencies of the federal government and the doing of whatever is needful
to carry out the project, all as elsewhere specified in title 19 of this
article. Certified copies of the determination and order shall be filed
and notice of such filing given. Thereupon such determination may be
reviewed as provided by section 15-0905, except that the proceedings for
such review must be initiated not later than ten days after such
filings; otherwise such determination shall be considered final and
conclusive and in due course it shall be recorded. The district shall be
held to have been formed on the date of such final order, but such
formation shall not be effective until such order shall have been
recorded.
Structure New York Laws
ENV - Environmental Conservation
15-1903 - General Provisions and Definitions.
15-1905 - Drainage Improvement Districts.
15-1907 - Drainage Improvement Associations.
15-1909 - Entry Upon Lands, Structures and Waters; Condemnation.
15-1911 - Petition for Formation of District.
15-1913 - Proceedings on Petition.
15-1915 - Proceedings for Formation of District.
15-1919 - Drainage Enhancements.
15-1921 - Proceedings on Enhancements.
15-1923 - Plans and Estimates.
15-1925 - General Apportionment of Cost.
15-1927 - Proceedings on General Apportionment of Costs and Final Fixation of Boundaries.
15-1929 - Corrections and Revisions of Statements of Enhancements.
15-1931 - Procedure for Authorization of Construction.
15-1937 - Operation and Maintenance.
15-1939 - Special Apportionment of Cost.
15-1941 - Major Repairs of Drainage Works.
15-1943 - Minor Repairs in Drainage Districts.
15-1945 - Minor Repairs in Existing Drainage Ditches.
15-1947 - Unlawful Interference With Drainage Works.
15-1951 - Financing of Improvements.
15-1953 - Drainage Improvement District Fund.
15-1955 - Proceedings for Assessment and Collection of Cost.
15-1961 - Drainage District With Federal Aid.
15-1963 - Formation of District With Federal Aid.
15-1965 - Construction Project.
15-1969 - Continuation of District.
15-1971 - Transfer of Property and Discontinuance of District.
15-1973 - Drainage Section Association; Definitions.
15-1975 - Drainage Section Association; Creation.
15-1977 - Articles of Association; Recording and Filing.
15-1979 - First Annual Meeting; Members; Officers; By-Laws.
15-1981 - Powers of Association; Limitations; Voluntary Dissolution.