DRAINS UNDER THE JURISDICTION OF THE DRAIN COMMISSIONER - STORMWATER MANAGEMENT RULES
Drainage districts must not be altered when designing development drainage, except where drainage routes are altered but remain on site, with Drain Commissioner approval, except as provided under Sections 425, and 433 of Act 40, Public Act 1956 as amended.
Existing county drain easements must be indicated on plans and final plats and must be designated as "______________" (County) Drain. County drain easements prior to 1956 were not required by statute to be recorded immediately, therefore it may be necessary to check the permanent records of the Drain Commissioner's Office to see if a drain easement is in existence on the subject property.
Proposed modifications to designated county drains will require a permit from the Office of the Drain Commissioner. State and local permits may also be necessary including a Soil Erosion and Sedimentation Control Permit. (See Soil Erosion And Sedimentation Control Permit Application, Appendix M)
A Drain Permit must be obtained from the Drain Commissioner prior to any work that affects a county drain, including tapping into or crossing over and work in the right of way. The permit must be obtained prior to work commencing. A Soil Erosion and Sedimentation Control Permit must also be obtained prior to work commencing.
The following requirements must be met prior to the issuance of any permits by the Drain Commissioner:
Detailed construction plans along with the appropriate review fees shall be submitted for review with the permit application. These shall be prepared in accordance with PART 1, Section III.
Payment of all fees is required prior to permit approval.
Upon receipt of necessary permits, the permittee must contact the Drain Commissioner 48 hours prior to the start of construction.
All work shall be completed in accordance with the plans and specifications approved by the Drain Commissioner.
A cash deposit, bond or letter of credit in an amount satisfactory to the Drain Commissioner shall be deposited to insure full completion of the project in accordance with the approved plans. The permittee shall allow the Drain Commissioner to perform inspections of the permitted activity as needed and in accordance with Part 91 of PA 451 and PA 40.
The Drain Commissioner shall be notified in writing within 10 days of completion of a project.
A Final Inspection and Letter of Permit Closure must be issued by the Drain Commissioner or representative before a site will be considered finished.
Authority granted by a permit from the Drain Commissioner does not convey, provide or otherwise imply approval of any other governing act, ordinance, or regulation, nor does it waive the permittee's obligation to acquire any federal, state, county or local approvals or authorization necessary to conduct the activity.
All permittees will be required to complete a "Contract for Services…" agreement when work is required on an existing county drain including the repair, reshaping or replanting of rights of way and drainage basins. (See Appendix J)
