January 14, 2016, Introduced by Senator CASPERSON and referred to the Committee on Transportation.
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.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.