Drain Commissioner & Soil Erosion Frequently Asked Questions


Soil Erosion

Why erosion and sediment control are important?

Sediment is the greatest pollutant by volume entering our lakes and streams. Sediment is the product of uncontrolled erosion. Erosion and off-site sedimentation affect everyone in Michigan. Erosion and sedimentation result in: loss of fertile topsoil, damage to lakes and streams, increased flooding, damage to plant and animal life, and structural damage to buildings and roads.

Construction is one of the major causes of erosion in Michigan. Without proper planning and management, over 100 tons of sediment per year can be generated on some construction sites.

Why was the Soil Erosion and Sedimentation Control Act passed?

A primary intent of Act 451 is to protect the water of the state by minimizing erosion and controlling sediment.

What activities require an Act 451 Permit?

A permit is required for any earth change that disturbs one or more acres, or is within 500 feet of a lake or stream. Exempted activities include plowing and tilling for crop production, logging and mining. However, they must conform to Soil Erosion Standards as required for a permit. Mining does not include the removal of clay, gravel, sand, peat or topsoil.

Where do I obtain an Act 451 Permit?

Counties have the primary responsibility for issuing permits. In some cases, cities, villages and charter townships have assumed permitting responsibility within their jurisdictions. Permit applications can be obtained from the respective county or local agencies.

What information is required in the permit application?

The application must provide specific information such as the name of the responsible individual and starting and ending dates. Additionally, a soil erosion and sedimentation control plan must be developed that will effectively reduce soil erosion and off-site sedimentation.

The plan must include at a minimum:

  1. A map showing the site location, physical limits of each change activity, predominant land features including lakes, streams and wetlands, and contour intervals or slope information.
  2. Soil information.
  3. Location of existing and proposed drainage patterns.
  4. Timing and sequence of each proposed earth change.
  5. Description of all temporary and permanent erosion and sedimentation control measures.
  6. A schedule for maintaining all control measures.
  7. Any other information required by the permitting agency.

What principles should be considered when developing a soil erosion and sedimentation control plan?

  1. Integrate the overall construction design and activities to fit the physical and vegetative features of the site.
  2. Stage construction and stabilization activities to minimize the area and duration of disturbance.
  3. Identify control measures that will minimize erosion.
  4. Identify control measures that will prevent off-site sedimentation. Sediment control should not be used as a substitution for erosion control, but rather in conjunction with erosion control.
  5. Establish an inspection and maintenance schedule.
Are there penalties for not complying with permit conditions or Act 451?

Yes, there are several:

  1. A person who violates this part is subject to a municipal or state civil infraction and may be ordered to pay a civil fine of not more than $2,500.
  2. A person who knowingly violates this part or knowingly makes a false statement in the application is responsible for the payment of a civil fine of not more than $10,000 for each day of violation.
  3. A person who knowingly violates this part after receiving a notice of determination under Section 9112 or 9117 is responsible for the payment of a civil fine of not less than $2,500 or more than $25,000 for each day of violation.
  4. A stop work order may be issued until compliance is obtained.
  5. The permitting agency can install or maintain control measures to bring a nonconforming site into compliance with Act 451 and bill the landowner for the costs incurred.

Drain Commission

Assessments

What is a drain assessment?

County drainage districts are separate public corporations with their own financial records. Each drainage district is supported by a Drain Assessment that covers the cost of maintaining the drainage system. County drains are not maintained by Mecosta County general fund taxes.

What is a drainage district?

A drainage district is a legally established area of land that drains to a common outlet. Drainage district boundaries are determined by the natural topography of the land and rarely correspond to political boundaries such as townships or counties. Common words for drainage district include watershed and drainage basin.

Where is the drain for which I am being assessed?

The Mecosta County Drain Office has maps and aerial photos that can show the location of your property and the county drains within the drainage district. These documents will be available on the Day of Review. Even if your property does not touch the county drain, storm water flows toward this county drain as an outlet regardless of the land’s elevation.

How are assessments determined?

The law requires that assessments be based on benefit as determined by the Drain Commissioner. All properties within the drainage district are assessed considering factors such as size of parcel, land use, proximity to the drain, and location of the property within the district.

Do all property owners pay drain assessments?

All property owners within a drainage district receive an assessment, unless specifically exempted by law. In addition, the municipality, Mecosta County, the Mecosta County Road Commission, and the Michigan Department of Transportation (as appropriate) also receive an assessment for a portion of the maintenance costs. The Drain Code does not exempt most non-profit or religious properties from assessment.

I recently purchased my property. Why am I being billed for work done prior to my ownership?

Although the work for which you are being assessed may have been completed prior to your purchase of the land, the Drain Code requires that assessments be levied to the property, and assessed to the current owner of record. In most cases, the work performed will benefit the property for years to come.

Petitions

What is a Petitioned Project?

Petitions may be filed to construct a new county drain or to improve an existing county drain to alleviate flooding or drainage issues. Petitions may be signed by landowners, municipalities, the Mecosta County Road Commission or the Michigan Department of Transportation. After a petition is filed, the Drain Code requires a Board of Determination hearing to determine if the project is necessary or not. Without a petition, the Drain Commissioner can only perform maintenance activities on the county drain.

How does a petition get started?

To obtain a petition to circulate, contact the Drain Commissioner’s office. A staff member will prepare the appropriate documents that will be needed to start the petition process. Instructions are provided with the petition and staff members are available to answer questions for the petition process. Once the petition has been signed with proper signatures, the petitions are returned to the Drain Commissioner’s office for action.

Board of Determination Information

What is a Board of Determination?

The Board of Determination is a three-member board appointed by the Drain Commissioner. The Drain Code requires that the board members all reside in the county. However, The Board of Determination members must be “disinterested” meaning they cannot own land in the Drainage District or within any municipality with lands in the Drainage District.

What is the purpose of a Board of Determination?

The role of the Board of Determination is to receive testimony and evidence at a public hearing to determine: a) whether a project is necessary or not necessary and conducive to the public health, convenience or welfare; b) whether a portion of the project benefits the municipalities in the Drainage District for the protection of public health, and if applicable; c) whether lands should be added to the Drainage District.

Does the Board of Determination decide what work gets done?

The Board of Determination does not determine the scope or cost of the project, and does not determine how much property owners and municipalities will be assessed for the project. The Drain Commissioner makes these decisions after the engineering is performed, but before construction occurs.

Does the decision of the Board of Determination have to be unanimous?

The decision of the Board of Determination does not have to be unanimous, but the decision does require a majority vote. The vote is by the members of the Board of Determination, and not by the attendees at the meeting.

What if I am unable to attend the Board of Determination meeting?

If you are unable to attend, you can provide the Drain Commissioner’s office with correspondence, pictures or other information that you would like presented to the Board of Determination. Please make sure that the Drain Commissioner’s office receives this information with sufficient time to provide it at the meeting. The Drain Commissioner will read all correspondence at the Board of Determination during the public testimony part of the meeting.

Can the decision of the Board of Determination be appealed?

Yes. Any person aggrieved by the decision of the Board of Determination can appeal the decision in the county circuit court within 10 days after the Board’s decision pursuant to MCL 280.72a. Municipalities also have the ability to appeal the decisions under MCL 280.72. You should consult your attorney with further questions as to the appeal process.