SB-1082, As Passed Senate, December 18, 2014

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 1082

(as amended December 17, 2014)

     A bill to amend 1956 PA 40, entitled

"The drain code of 1956,"

(MCL 280.1 to 280.630) by adding section 196a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 196a. Notwithstanding other provisions of this act, a

drain commissioner or drainage board may remove ice, fallen trees,

logjams, or other debris on a watercourse that is not a drain

established under this act if, upon inspection, a licensed

professional engineer has determined that the ice, fallen trees,

logjams, or other debris has caused or is causing flooding, an

imminent risk of flooding, increased erosion, channel instability,

reduction in capacity [that may cause flooding], or other damage to 1 or

more county or

intercounty drains established under this act. The drain

commissioner or drainage board may undertake the removal of any

ice, fallen trees, logjams, or other debris authorized by this

section after obtaining written permission from the owner or owners

of property where the ice, fallen trees, logjams, or other debris

is located and, if necessary, the owner or owners of property to

which access is required to remove the ice, fallen trees, logjams,

or other debris. The costs incurred by the drain commissioner or

drainage board under this section shall be charged to the

benefiting drainage districts consistent with this act, and are

subject to the expenditure limit and conditions set forth in

section 196 if the work is performed without petition.