SENATE BILL No. 1082

 

 

September 23, 2014, Introduced by Senator ROBERTSON and referred to the Committee on Local Government and Elections.

 

 

 

     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, after an inspection by a

 

licensed surveyor or a professional engineer, may remove an

 

obstruction created by ice, fallen trees, logjams, or other debris,

 

or may remove an unlawful obstruction on a watercourse that is not

 

an existing drain if the obstruction has caused or is causing

 

flooding, increased erosion, channel instability, reduction in

 

capacity, or other damage to a county or intercounty drain

 

established under this act. The drain commissioner or drainage


 

board may undertake the removal of the obstruction authorized by

 

this section after obtaining the written permission of the owner or

 

owners of property where the obstruction is located and, if

 

necessary, the owner or owners of property to which access is

 

required to remove the obstruction. 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.