A petition is required to establish a new drain or make improvements beyond typical maintenance activities such as repairs to tile, removal of accumulated sediment and debris, and repairs to eroded banks, etc. The petitioning requirements vary for new, existing, or intercounty drains. The Drain Commissioner or Drainage Board will select a qualified engineer to design the drain construction or improvement project including publishing, bidding, review of apportionments, etc.

After receiving a petition the Drain Commissioner appoints three people from outside the drainage district to serve as a Board of Determination. Notices are mailed to the entire drainage district that a meeting will be held to discuss the necessity of undertaking improvements to the drain. If the Board of Determination believes that it is necessary to improve the drain, they sign an Order of Determination instructing the Drain Commissioner to construct a project to improve the drain.