Michigan’s Drain Code
Drainage was vital to settlement in Michigan since the state was historically dominated by swamps, posing potential health risks and making the land unfavorable for farming. One of the first laws passed by the new Michigan Legislature was a drainage act that led to the creation of drain commissioners, who since then have played a significant role in ensuring our lands are livable and suitable for agriculture and other uses. Without proper management of stormwater, flooding may occur, adversely impacting homes, businesses, and farmland. Although responsibilities vary by county, all drain commissioners play a role in protecting the health, safety, and welfare of the public.
For more, read The Drain Code 1956 Public Act 40 of 1956.
Ingham County Drain Commissioner Patrick Lindemann breaks down how costs incurred by drainage districts are apportioned to the landowners and the municipalities
The Michigan Drain Commissioners of 1921
The history of drain law
The Michigan Drain Code of 1956 authorizes county drain commissioners to assess the costs of drain work to landowners, which makes the office a powerful local and state position, unique in the country. The code is the primary statute that mandates the responsibilities of the county drain commissioner and provides for the creation and maintenance of county drains.
Each drain has a contributing area (similar to a watershed) called a drainage district, which is a public corporation that is legally and financially responsible for maintaining the functioning of the drain.
All costs are paid for by drain assessments, and the drain commissioner acts as a steward for each drainage district. She keeps the historical, financial, and easement records; schedules maintenance; responds to service requests; requires permits for activities affecting the drain; borrows funds to pay for costs; and assesses the costs back to the landowners, transportation authorities, and municipalities, according to their estimated benefit. Apportionments—the fixed proportion owed by an entity for any costs—are adjusted as land use changes.
Michigan has 65 hydrologic unit code level 8 watersheds, thousands of drainage districts and 1,100 inter-county drains covering 6,000 square miles in 83 counties. Drain commissioners work to control flooding, manage stormwater and prevent soil erosion, however, many don’t typically have a background in hydrology, engineering, agriculture, or environmental sustainability.
View presentation deck, The Evolving Role of Drain Commissioners.