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A county drain may be an open ditch,
stream, or underground pipe, retention pond or swale that
conveys storm water. These drains become designated a county
drain through a petition process where either property
owners or a local city, village or township petitions the
Drain Commissioner to establish a county drain. A Board of
Determination is appointed to serve at a public hearing, at
which public testimony for and against said petition is
heard. The Board then determines whether or not the
petition will be granted.
The Drain Commissioner is responsible
for the operation and maintenance of over 300 county
drains. In Newaygo County these systems are designed to
provide storm water management, drainage, flood prevention
and stream protection for urban and agricultural lands. The
Drain Commissioner also develops standards and design
criteria for management of storm water runoff in
developments, with a goal of protecting private property and
natural resources of the state.
Within county drainage districts, the
Drain Commissioner is responsible for accounting of
expenditures and financial statements, for maintaining
records of establishment and operation of each, and for
conducting routine maintenance of the drains. Major drain
projects (generally defined as those with costs in excess of
$5000.00 per mile) are initiated by citizens or a
municipality (s) through a petition process. Costs are
recovered through special assessments levied on private
properties, local governments, county roads, railroads, and
state highways.
Right of Ways and Easements are granted
to the Drain Commissioners office along all legally
established county drains for the purpose of allowing access
to operate, maintain or repair the drain. Property owners
retain ownership, but are restricted from building permanent
structures that may impede drain maintenance within the
easement area. Work done by the property owner within the
easement, such as constructing a crossing requires a permit
from the Drain Commissioner. Drainage swales may not be
filled in. Many right of ways and easements are recorded at
the Newaygo County Register of Deeds office, and all are on
file at the Newaygo County Drain Commissioners office. The
width of right-of-way/easement varies from drain to drain
depending on the drains size and type. Some are an
unspecified width. The Michigan Drain Code (Act 40 of
Public Acts of 1956 as amended) states that the Drain
Commissioner may use and enter upon any Right of Way or
easement for maintenance or any other lawful activity with
respect to the drain without requiring a larger or different
right of way.
M-F 7am-12pm & 1pm-4pm
306
S North Street, PO Box 885 White Cloud, Michigan 49349
Phone: (231) 689-7213 Fax: (231) 689-7266 |
