SB-0708, As Passed House, December 13, 2016

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 708

     A bill to amend 1909 PA 283, entitled

"An act to revise, consolidate, and add to the laws relating to the

establishment, opening, discontinuing, vacating, closing, altering,

improvement, maintenance, and use of the public highways and

private roads; the condemnation of property and gravel therefor;

the building, repairing and preservation of bridges; maintaining

public access to waterways under certain conditions; setting and

protecting shade trees, drainage, and cutting weeds and brush

within this state; providing for the election or appointment and

defining the powers, duties, and compensation of state, county,

township, and district highway officials; and to prescribe

penalties and provide remedies,"

by amending section 19b of chapter IV (MCL 224.19b), as added by

1980 PA 212.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

CHAPTER IV

Sec. 19b. (1) A person, partnership, association, corporation,

or governmental entity shall not construct, operate, maintain, or

remove a facility or perform any other work within the right-of-way

of a county road except sidewalk installation and repair without

first obtaining a permit from the county road commission having

jurisdiction over the road and from the township, city, or village

in which the county road is located when a permit is required by

ordinance of the township, city, or village, pursuant to under the

authority conferred by article VII, section 29 of article VII of

the Michigan state constitution of 1963. The adjacent property

owner shall not be required to obtain a permit for work incidental

to the maintenance of the right-of-way lying outside of the

shoulder and roadway.

     (2) A county road commission and a local unit of government

may adopt after a public hearing of which notice has been given by

publication at least twice in a newspaper circulated in the county

not more than 30 days nor less than 7 days prior to the hearing,

reasonable permit requirements and a schedule of fees to be charged

sufficient to cover only the necessary and actual costs applied in

a reasonable manner for the issuance of the permit and for review

of the proposed activity, inspection, and related expenses. After

the work authorized in the permit has been completed, itemization

of all costs shall be supplied upon request of the permit holder.

     (3) When a road commission adopts procedures for the issuance

of permits or adopts a schedule of fees in accordance with the

provisions of as provided in this section, separate procedures and

fee schedules shall be adopted for the issuance of annual and

emergency permits which that reflect the minimal administrative

burden of issuing an annual permit for frequent but routine and

unobtrusive work such as surveying and the extraordinary emergency

repairs to municipal or public utilities.

     (4) A county road commission may not refuse a permit requested

by a government entity for the installation of a facility or

utility owned by that entity if security is given by the permittee

or its contractor to the county road commission sufficient to

insure restoration of the road and appurtenances thereto to the

road and the adjacent right-of-way to a condition reasonably equal

to or better than that existing prior to such installation nor may

a county road commission charge a government entity a permit fee

exceeding $300.00 per permit or $1,000.00 total for all permits per

project.

     (5) This section does not authorize a county road commission

to require a permit for an activity that is otherwise permissible

under the laws of this state. A county road commission shall not be

held liable for the failure of a person performing work for which a

permit is not required on a county road right-of-way to post a sign

that gives advance warning of the work being performed in the

right-of-way.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.