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If the proprietor desires to perform construction activities within an existing drain right-of-way,
including, widening, deepening, or relocation of a drain, application for a Drainage Permit will
be filed with the office of the Drain Commissioner. This application will be accompanied by the
necessary release of right-of-way, in recordable form, accomplished by all owners of interest.
Preliminary and/or construction plans may be required for review as appropriate. Requirements
and procedures for preliminary plans and construction plans are described in Section 3.0.
2.9 Adding or Subtracting Land to/from a Drainage District, and/or
Construction of a Drain for Ascription as an Established Drain
If a proprietor desires to add or subtract land to/from a drainage district, and to construct a drain
for designation as an established drain, the Drain Commissioner’s approval must be obtained
prior to construction. Section 433 of the Drain Code, M.C.L. § 280.433, requires that the
proprietor enter into an agreement with the Drain Commissioner. The agreement would obligate
the proprietor to pay (or put on deposit) all costs associated with the new drain(s). The
agreement would require that a registered professional engineer prepare and certify all necessary
documents, including but not limited to:
An updated map of the drainage district showing the district boundary
A document indicating the total area (in acres) of the drainage district, the area of the
lands serviced by the new branches and/or extensions, and the total length (in miles and
fractions thereof) of all drains, branches, and/or new extensions within the district.
A current listing of all parcels partially or totally within district boundary.
Legal descriptions for each parcel partially or totally within district boundary.
For each parcel partially within district, a general description of the portion of parcel
within district and the area (in acres) of that portion.
Right-of-way documents dedicating to the drainage district all necessary easements and
right-of-ways for the new branches and/or extensions. Said documents must be in a
recordable form satisfactory to the Drain Commissioner and the County Register of
Deeds.
Covenants or Restrictions attaching to each new lot in the subdivision clearly stating that
said lot is in the drainage district and subject to periodic special assessments for drain
maintenance.
Updated special assessment roll reflecting all parcels within the district subject to drain
special assessments.
Subsequent to Drain Commissioner approval, the documents must be recorded, with the originals
returned to the Office of the Drain Commissioner.
Before commencing to do any work on the site, the proprietor shall make satisfactory
arrangements with the Commissioner to provide for the inspection of the project by the Drain
Commissioner. These arrangements shall include, among other things, the submission of three
sets of approved drainage plans, satisfactory evidence of insurance coverage, and a copy of the
signed contract between the proprietor and his Contractor covering the work to be performed.
Inspections by the Drain Commissioner shall not relieve the proprietor of his obligations. Spot
inspections by the Drain Commissioner's inspector are to verify the proper construction of the
drains in their various stages of completion. If it is necessary to retain a natural watercourse
because this watercourse serves land outside the proposed development, then recordable releases