Drain Permit
A Drain permit is required to perform any of the following activities on a County Drain:
- Bridge or culvert installation
- Sediment removal/dredging
- Relocation of a County Drain
- Enclosure of a County Drain
- Construction of a ditch or pipeline bringing water into a County Drain
Additional permits may be required for any or all of these activities
Maintenance may be performed on County Drains, within certain limits, without a petition. Currently the limitations are that no more than $5,000/mile/year may be spent on maintenance of a Drain. Another limitation is that culverts and bridges may only be replaced or repaired during a petitioned project.
In general, maintenance of a Drain may consist of any of the following activities:
- Removal of obstructions
- Modest sediment removal projects
- Erosion control projects
- Spot repairs on pipelines
- Vegetation management
Under a variety of laws, the EGLE issues permits for various activities. Some of these activities are:
- Installation of seawalls
- Bridge or culvert installation
- Dredging a lake or stream
- Construction sites disturbing more than 5 acres
- Draining or filling of wetlands
- Construction in the floodplain
Any activity that a land owner undertakes within a Drain Right-of-Way is undertaken at the land owner's risk. Land owners who have occupied or who contemplate somewhat permanent occupation of a portion of a Right-of-Way may wish to request a license for this occupation to spell out the rights and responsibilities of each of the parties. A license may or may not be granted depending upon the individual circumstances involved. Contact the Drain Commissioner to discuss this issue.