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Part 309 of the Natural
Resources and Environmental Protection Act, P.A. 451 of 1994
(formerly Act 345 of 1966, the Inland Lake Improvement Act, as
amended)
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Projects are administered by lake board
which is comprised of a lake resident, a representative of
each local Governmental unit, a county commissioner, the
county drain commissioner, and a representative of the
Department of Environmental Quality. |
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Projects are initiated by motion of local
unit of government or by petition of 2/3 of freeholders
abutting lake. |
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Pursuant to the Act, "benefit" or
"benefits" means advantages which result from the
elimination of pollution and elimination of flood damage,
elimination of water conditions which jeopardize the public
health or safety; increase of the value or use of lands and
property arising from improving a lake or lakes as a result
of the lake project and the improvement or development of a
lake for conservation of fish and wildlife and the use,
improvement or development of a lake for fishing, wildlife,
boating, swimming or any other recreational, agricultural or
conservation uses. |
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Lake board retains engineer to conduct
lake improvement feasibility study, and to determine the
scope and estimated cost of project and probable
assessments. |
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Public hearings required on
practicability of project and special assessment roll. |
Township Public Improvement Act,
P.A. 188 of 1954, as amended
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Projects are administered by township
board |
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For lake improvements, projects can be
initiated by motion of the township board or by petition of
landowners constituting more than 50% of the land area in
the special assessment district. |
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Under this Act, assessments can be levied
for the eradication or control of aquatic weeds and plants,
the
construction, improvement and maintenance of a lake
including, but not limited to, dredging, and the
construction improvement, and maintenance of dams and other
structures which retain the waters of the state for
recreational purposes. |
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Public hearings required on plan and
special assessment roll. |
Part 307 of the Natural Resources
and Environmental Protection Act, P.A. 451 of 1994 (formerly the
Inland Lake Level Act, P.A. 146 of 1961, as amended)
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Projects are initiated by motion of
county board of commissioners or by petition of 2/3 of
owners of land abutting lake. |
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County board may require cash payment
from petitioners up to $10,000 to cover preliminary study
cost. |
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Engineering feasibility study of
alternatives to establish and maintain normal lake level.
Study must address project feasibility, costs, and necessity
of a special assessment district. In determining normal
level, the court must consider past lake level records, the
location of pertinent physical features, government reports
and surveys, watershed hydrology, downstream impacts,
fisheries and wildlife impacts, riparian rights, and other
facts. |
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Normal lake level and special assessment
district established by circuit court after public hearing.
Level must be based on national geodetic vertical datum and
may vary seasonally. Special assessments may be levied
against privately owned parcels, political subdivisions of
the state, and state owned lands under the control of the
department. |
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Additional public hearing on special
assessment roll. |
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"Delegated authority" (usually the county
drain commissioner) responsible for the maintenance of the
normal level. The delegated authority may spend up to
$10,000 annually for maintenance and repair without approval
of county board. |
County Department of Public
Works Act, P.A. 185 of 1957, as amended
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Act provides for sale of bonds to finance
lake improvement projects. |
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