The Drain Commissioner and her staff are responsible for operation and maintenance of hundreds of platted stormwater basins and designated county drains within Kalamazoo 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 new developments, with a goal of protecting private property and natural resources. These standards are called the drain commissioner's stormwater management rules.

To advance water resource protection, the Drain Commissioner is also implementing a range of watershed planning and water quality programs, working with businesses, citizens and local government officials, to make stream and waterway protection an integral part of the land use decisions and land management activities. Stream and watershed protection projects have been implemented or are underway in many parts of the County.

Within County drainage districts, the Drain Commissioner is responsible for accounting of expenditures and financial statements, for maintaining records of the establishment and operation of each, and for conducting routine maintenance of the drains. Major drain projects (generally defined as maintenance work in excess of $2500 per mile) are initiated by citizens or municipality(s) through a petition process. Any engineering, legal or other such costs may be added to the overall costs of the maintenance project. Costs are recovered through special assessments levied on private properties, local governments, county roads, railroads, and state highways.

The Drain Commissioner is responsible for review and approval of storm water management systems in private developments under the Michigan Land Division Act and in response to local governments' development review procedures. In Kalamazoo County, the drain office accepts the drainage system, (route and course), including the basin once the infrastructure is complete. Before the Drain Commissioner can sign the agreement, the final mylars must be signed, notarized and submitted to the Kalamazoo County Clerk/Register of Deeds department for registration. The 433 Agreement must include the metes and bounds of the district and the route and course of the system. Final acceptance of the drainage system requires a "Letter of Promise" from the owners agreeing to provide clear drainage for a period of at least two years from the time the final mylars are signed by the Drain Commissioner. This two year period is intended to encourage cleaner home building practices during the building phase.

Drain Office staff are also participants in the County's environmental emergency response system, providing materials and staff assistance to contain pollution situations and prevent surface and groundwater contamination.

When to Call the Office of the Drain Commissioner

Flooding
The Drain Commissioner's staff responds to flooding situations caused by designated county drains.

Maintenance
Report drain maintenance needs to the Drain Commissioner's office.

Right of Ways
Right of Ways are granted to the Drain Commissioner's office along all designated 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 or tap in, requires a permit. Drainage swales may not be filled in. Easements are recorded at the Kalamazoo County Register of Deeds office and are also on file at the Kalamazoo County Drain Commissioner's office. The width of rights of way varies from drain to drain depending on the drain's size and type. Some are of 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 easement for maintenance or any other lawful activity with respect to the drain without requiring a larger or different right of way.

Illegal Dumping Regulation
Kalamazoo County has a regulation prohibiting dumping waste on property or waters in Kalamazoo County. If you observe dumping or see abandoned barrels, report it to Kalamazoo County Emergency Management or call 911. Do not approach abandoned drums. They may contain dangerous materials.

Lake Levels
Under the Inland Lake Level Act (Act 146, P.A. of 1961), a board of commissioners may file a petition in circuit court to establish a special assessment district to pay the costs of establishing and maintaining a lake level. The board of commissioners must file such petition if requested in writing by two-thirds of the freeholders owning lands abutting the lake.

The Kalamazoo County Board of Commissioners delegates administrative duties to the Kalamazoo County Drain Commissioner to oversee lake level projects. The Drain Commissioner must determine the apportionment of costs incurred and assess for maintenance of the lake level. Kalamazoo County is involved with several lake level projects. Section 24 of the Inland Lake Level Act requires inspection of all lake level control structures on all inland lakes that have normal levels established under this Act to be completed once every three years by a licensed professional engineer.