HB-4644, As Passed House, August 8, 2007

SUBSTITUTE FOR

HOUSE BILL NO. 4644

     A bill to amend 1956 PA 40, entitled

"The drain code of 1956,"

by amending section 421 (MCL 280.421).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 421. (1) Whenever any person shall obstruct any

established drain, it shall be the duty of the commissioner to

cause such obstruction to be removed. Any lessening of the area of

a drain, which area shall be a cross section of the drain, shall be

deemed to be an obstruction. A person shall not obstruct, permit an

obstruction, or otherwise interfere with or encroach upon a drain

or a drain right-of-way. Obstruction is any lessening of the cross-

section of a drain, including, but not limited to, that resulting

from any bridge, cable, pipeline, sewer, conduit, roadway, culvert,

House Bill No. 4644 (H-3) as amended July 25, 2007

or other structure unless the construction of the structure was

approved by the commissioner or drainage board. Obstruction does

not include a structure that is properly designed and constructed

which falls under [an established road or road right-of-way and is under]

the authority of the state department of

transportation, a county road agency, or a municipality which does

not reduce the existing hydraulic capacity of the drain. Interfere

means any action that is inconsistent with the district's easement

and that hinders or impedes the intended purpose, design,

operation, maintenance, or improvement of the drain or that will

increase the cost to the district of performing any of its work on

the drain. The person causing such or permitting the obstruction or

otherwise interfering with or encroaching upon an established drain

or drain right-of-way shall be liable for the expense attendant

upon resulting from the removal thereof, together with the charges

of the commissioner. , and the same The expense shall be a lien

upon the lands of the party causing or permitting such the

obstruction, and all of the expense shall by the commissioner be

reported interference, or encroachment. The commissioner shall

report the expense to the board of supervisors commissioners,

together with the report of his or her doings in the premises. ,

and by said board ordered If the expense remains unpaid, the board

of commissioners shall order the expense spread upon the land of

the offending party. , should the same remain unpaid: Provided,

That the The offending party causing such the obstruction shall be

given a notice in writing of at least 5 10 business days to remove

such the obstruction. If an emergency exists that endangers the

public health, safety, or property within a drainage district, the

drain commissioner or the drainage board may take immediate action

to alleviate the emergency condition and waive the 10-business-day

notice.

     (2) This provision as to obstruction, interference, or

encroachment of any drain or drain right-of-way shall not apply

where the obstruction was caused by natural causes, but the owner

of the stock livestock who shall permit permits his or her horses,

cattle, pigs, and other stock livestock to obstruct any drain by

tramping in it shall be deemed is considered to be the party

causing such the obstruction.

     (3) The drain commissioner shall consider any environmental

impact before commencing any work to remove an obstruction.

     (4) Nothing contained in this section shall in any way impede

or bar the right of any person to make criminal complaint under any

existing law for any obstruction, interference, or encroachment of

a drain or drain right-of-way.