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Drain Commissioner Information
County Drains
Chapter 8 Petitioned Projects,
Improvements for County Drains
Petitioned Drainage Projects
Public Act 222 of 2001
Lake Projects
Permits
New Storm Water Rules & Regulations
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Proposed Corey Lake Special Assessment District Map  (551 KB).
This is the PROPOSED Corey Lake Special Assessment District map that will be used to petition the circuit court. Please be aware that this is a DRAFT map and it will be up to the circuit court judge to accept the proposed district or make changes he may choose to make in court. We do not have a court date yet but everyone within the boundaries of the special assessment district map will be noticed when we have a court date.
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Drain
Commissioner Information |
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The Drain Commissioner is an elected
official serving a 4 year term. The Drain Commissioner
serves on the Board of Public Works, Parks and Recreation
Board, Palmer, Long Lake Board and Fish Lake Board. He is
responsible for managing over 180 county drains and all
lakes that have a court ordered legal lake level.
The County Drain Commissioner is
currently a part-time position. Please call the office for
an appointment; to be sure the Drain Commissioner is
there. |
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County
Drains |
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A drain can include any creek or river, any watercourse or
ditch, either open or closed, any covered drain, any
sanitary or any combined sanitary and storm sewer.
Please note there are many private drains in our county.
Please call the Drain Commissioner’s office to find out
if the drain in question is a county or private drain. |
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Chapter 8 Petitioned Projects, Improvements for County Drains |
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Petitioned drainage projects must go
through numerous steps before they actually become a
project:
 A petition must be submitted to
the Drain Commissioner with 5 signatures or more from
property owners in the district
A Board of Determination is made
up of three disinterested property owners in the County,
who do not have any interests in the drainage district
A public meeting is held and the
Board of Determination determines if the drain needs
cleaning, extending, tiling, widening, deepening,
straightening or relocating or does not need any work
If the Board of Determination
determines the project is necessary the Drain
Commissioner then takes over
An engineering plan and profile is
done
Final Order of Determination by
the Drain Commissioner
Construction bidding
Computation of Costs
Day of Review held for the
property owners in the district to review their
assessment. The properties within the drainage district
are assessed according to their benefits.
Construction or clean out of the
drain
Note: If you would like a petition for a county drain please
contact our office and we will supply you with a
petition. You will need to circulate the petition and 5
or more signatures must be collected. Finally the
circulator will need to sign the petition in the presence
of a notary public before submitting to the Drain
Commissioner. |
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Petitioned Drainage Projects |
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Portage Lake Drain, Mendon
Township
Grover & Coohon Drain, Colon
Township
Colon Number One Drain, Colon &
Nottawa Townships
Felker Drain, Park Township
Nye Drain, Sturgis Township
Wilcox Drain & Branch, Nottawa
& Lockport Townships
Note:
We also have many other smaller drainage projects that are
considered maintenance. If you would like more
information on these or any other projects in our office
please contact us. |
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Public Act 222 of 2001,
Municipal Liability For Sewage Disposal System Events |
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In 2001, the Michigan Legislature passed PA 222 which
creates an exception to the protections afforded to a
governmental agency against liability arising from damages
caused due to a “sewage disposal system event.” If you
experience an overflow or backup of a county drainage
ditch and you wish to seek compensation, according to
Public Act 222 you must file a written claim with the St.
Joseph County Drain Commissioner, 115 S. Dean Street, P.O.
Box 427, Centreville, MI 49032, (269) 467-5600. Failure
to provide the required notice will prevent recovery of
damages. Contact the St. Joseph County Drain Commissioner
immediately upon discovery of an overflow or backup. |
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Lake Projects |
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On April 19, 2007, hearings for Omena Lake and Pleasant Lake will be held in the St. Joseph County Circuit Court at 9:00 a.m. (Pleasant Lake) and 2:00 p.m. (Omena Lake). The purpose of the hearings is to allow the judge to hear testimony relating to the establishment of boundaries for a special assessment district for each lake.
The following are frequently asked questions concerning the proposed special assessment districts:
- Why does a special assessment district need to be established?
- A special assessment district is established pursuant to Part 307 of the NREPA to pay for any maintenance or improvements that are undertaken to maintain the lake level, including the inspections.
- How much will this cost me?
- The specific costs per property are not known. However, after the judge establishes the boundaries of the special assessment district the Drain Commissioner will prepare a computation of cost and hold a public meeting where property owners can review their apportionment.
- Who requires the Drain Commissioner to perform the dam inspections?
- Part 307, Inland Lake Levels, and Part 315, Dam Safety, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (Part 315), requires that dam inspections are performed every three years, and that inspection reports are sent to the Michigan Department of Environmental Quality, Dam safety Program.
- What is the difference between a weed control special assessment and lake level special assessment?
- A weed control assessment is assessed through the township. Usually the township assessor files the assessment and it is performed through the township or by a lake improvement board formed under Part 309 of the NREPA. A lake level special assessment is filed by the Drain Commissioner (Part 307) for all costs relating to the maintenance or improvement of the lake level and the costs of building and maintaining the lake level control structure.
- What happens after the judge establishes the boundaries of the special assessment district?
- The Drain Commissioner will prepare a computation of cost for the special assessment district which can include costs for a preliminary study (only needed if putting in a new structure), surveys, preparations of assessment rolls, acquiring land and other property, locating, constructing, operating, repairing, and maintaining the control structure, legal fees, court costs, interest on bonds or other financing and a contingency of up to 15% if the Drain Commissioner finds it necessary.
- The Drain Commissioner will then notice each property owner in the special assessment district of the date and time of the public meeting where they can review their assessment.
- During or after the public meeting the Drain Commissioner may approve or revise the cost of the project and the special assessment roll.
- MCL 324.30714 (3) and (4) requires that the County Board of Commissioners by resolution approve both the cost of the project and the special assessment roll.
- Pursuant to MCL 324.30714, the special assessment roll will then be conclusive and final unless appealed to a court of competent jurisdiction within 15 days after approval by the County Board of Commissioners.
- MCL 324.30715 provides that the special assessments shall be spread upon the county tax roll and shall be subject to the same interest and penalty charges and shall be collected in the same manner as county taxes.
- How many years will the special assessment be spread?
- Typically if the water control structure is existing the assessment will be spread over one or two years.
- If a new water control structure is required to be constructed the assessment can be spread up to a 10 year period.
- After all these years why does a special assessment district need to be established?
- In the past the County’s general fund has been paying for the maintenance and improvements to the lake level including dam inspections. Part 307 specifically allows a County Board of Commissioners to establish a lake level special assessment district. A majority of established lake levels have special assessment districts. It is the goal of the Drain Commissioner to establish special assessment districts for all established lake levels so that all lakes in St. Joseph County receive equal treatment.
If you have any questions, you can e-mail us by |
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Permits |
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If you are planning to do any work on your property that
involves connecting into, crossing over, under, or through
a county drain, please contact the Drain Commissioner’s
office to obtain a permit. |
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