The Drain Commissioner’s
office is one of the legislative bodies of a county. The office of the Drain
Commissioner was created in 1956 with the establishment of the Michigan Drain
code (Act 40 of Public Acts of 1956, as amended) and operates within the framework of constitutional
and statutory law. The Michigan Drain code established the protocol for the
drainage of wetland areas alongside farm and development areas.
It is a headed by a
publicly elected official (for a term of four years) and so maintaining a
higher degree of autonomy from the county’s Board of Commissioners.
Roles
·
The Drain
Commissioner's role as defined in the Michigan Drain Code is to support in
planning and development of ways to correct drainage and flooding issues. It
includes providing petitions, convening required public hearings, and
overseeing planning and design stages of petitioned new drains or for
reconstruction of existing drains in a timely, responsible manner.
·
The Drain Commissioner
is responsible for maintenance of accounting expenditures and assessment
collections, spreading special assessments, maintaining records of the
establishment and operation of each an every drain especially for routine
maintenance.
·
The Drain
Commissioner's Office is responsible for the maintenance of all legally
established county and inter-county drains such as a swale, stream, underground
pipe, retention pond that conveys storm water or an open ditch. This includes
management and financing of drain construction projects.
·
The Drain Commissioner
is charged with the responsibility of reviewing external and internal drainage
of preliminary and final plats for
subdivisions and residential developments as governed by the Michigan’s
Subdivision Control Act.
·
The Drain Commissioner
Office is also charged with the responsibility of maintaining close working
relationships with the County’s road commission with respect to roadside
ditches, pipes, bridges and culverts on roads that drain state highways and
county roads.
·
Together with the
health department, soil and water conservation district, the Drain Commission
is tasked with reviewing site plants for developments in wellhead protection or
environmentally sensitive areas.
·
Typical projects
undertaken by the Drain Commissioner include widening dredging and straightening rivers or streams or
other projects to increase their output
and flow. This often involves removal of streamside vegetation (including live
trees and shrubs), dredging and considerable excavation.
Under the current regulations, the Drain Commissioner within the state of Michigan is not required to examine the cost benefit analysis or the environmental impact of their projects. The office of the Drain Commissioner is responsible for approving new developments and also has the authority to determine the types of drains installed on certain plots of land.
Reference:
http://agecon.lib.umn.edu/cgi-bin/pdf_view.pl?paperid=1146
3. Michigan Drain Code Coalition
http://members.tripod.com/Michigan_Drain_Code