Drain Commissioner

A wide range of enforcement options are available to the CEA and to the State of Michigan. Some of these options are listed as follows:

• Doubling of permit fees.
• Fine of up to $2,500
• Fine for knowing violation up to $10,000 a day.
• Fine for knowing violation after receipt of a notice of determination up to $25,000/day.
• Liability for damages to natural resources.

A waiver may be granted if a signed affidavit is received from the landowner stating that the earth change will disturb less than 225 square feet of area, and will not contribute sediment to a lake or stream.

There are several limited exemptions for obtaining permits for earth change activities. They are listed as follows:

• Plowing or tilling of agricultural fields
• Logging
• Mining
• Oil or gas exploration
• A beach nourishment project
• Normal driveway maintenance

Even these exemptions are very limited. The agricultural exemption is only for plowing, tilling or harvesting. Other activities such as land leveling, filling, or construction of out buildings are NOT exempt.

The logging exemption is only for the harvesting of trees and does not apply to other activities such as road construction. Pulling of stumps is not covered in the logging category, it is considered land clearing.

The mining exemption is only for hard mineral mining operations that have an approved plan under Part 631 of Public Act 451 of 1994. Mining does NOT include removal of sand, gravel, clay, peat, or topsoil.

The exemption for oil and gas exploration refers only to operations where an approved plan under Part 615 of Public Act 451 of 1994 is in place.

A beach nourishment project must have been permitted under Part 325 of Public Act 451 of 1994.

The driveway maintenance exemption is for leveling and grading. Increasing the length or width of the driveway is not exempt.

There are four key elements required to secure a permit. They are listed as follows:

1. Completed SESC application. (If you are not the landowner and are applying for a SESC permit on behalf of the landowner, you must also submit a letter of authorization, signed by the landowner - see top right side for link to authorization form.)
2. Submittal of a plan to control erosion and sediment.
3. Prepare a proposed time schedule for project.
4. Submittal of the appropriate fees.

A County Drain is a public utility created for improved drainage of a certain area known as a Drainage District. The Drainage District is all of the area which contributes storm water runoff to the Drain. The Drain and the Drainage District are established through a process involving petitions and public hearings.

The Drain may be an open ditch, a stream, or an underground pipeline. A right-of-way or easement for construction and maintenance was obtained in behalf of the Drainage District along each side of the Drain prior to construction. The right-of-way along a County Drain remains in effect for as long as the Drain continues in existence.

The Drainage District for a County Drain is actually a public corporation. It forms a special assessment district which is responsible for all costs on a drain project. When a construction project is undertaken on a County Drain, part of the process involves an apportionment of the costs. That is, the Drain Commissioner must determine the proportionate share for each parcel of land within the Drainage District and also for each municipality partially within the Drainage District. A day is set aside for persons to review this apportionment and the procedure used in its determination. An appeal of the apportionment is possible.

The total apportionment may be divided into annual payments. If money was borrowed on the project then interest must also be added to the annual principal payments.