Drain Code
Welcome to your guide on the Drain Code. This information will help you understand the process, funding, and impact of a drain project in your neighborhood.
What is a Drain Project?
A drain project involves creating, maintaining, or improving drains to prevent flooding, reduce soil erosion, and improve drainage. Drains can include roadside ditches, agricultural drains, and more.
Who Manages Drains?
The County Drain Commissioner, an elected official, oversees all county drains under the Michigan Drain Code. They handle the construction, maintenance, and cost assessment of these drains.
How Does a Drain Project Start?
A project begins with a petition to the Drain Commissioner. Property owners can petition for maintenance or new drains. For existing drains, at least five property owners must sign. For new drains, an application with ten signatures is needed.
Who Can Petition?
Property owners, townships, cities, villages, the County Road Commission, or the Michigan Department of Transportation can file a petition.
Decision Process
A “Board of Determination” decides if a project is necessary. This board listens to public input and assesses the project’s necessity for public health and welfare.
Public Hearing Notices
Notices are sent to property owners in the drainage district. All interested persons can testify or submit written testimony.
Appealing Decisions
If a project is deemed necessary, appeals can be made within 10 days, focusing only on the necessity finding.
Project Changes
The scope of a project may change after the Board of Determination meeting. Projects can expand or reduce in size.
Project Planning
If a project is necessary, the Drain Commissioner decides on solutions, which may involve contracting out work.
Funding Drain Projects
Costs are shared by property owners and municipalities in the district. Assessments are based on the benefits received. Large projects may be financed over several years.
Commissioner’s Authority
The Drain Commissioner can spend up to $10,000 per mile annually on maintenance without a petition.
Next Steps
If you think a county drain would benefit your property, contact the Drain Commissioner’s Office for more information.
