Financing Alternatives For Lake Projects
Tony Groves, Progressive AE, 18114 Mile Road, NE, Grand Rapids, Ml 49525 2442, 1-800-556-5560

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)

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.
Projects are initiated by motion of local unit of government or by petition of 2/3 of freeholders abutting lake.
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.
Lake board retains engineer to conduct lake improvement feasibility study, and to determine the scope and estimated cost of project and probable assessments.
Public hearings required on practicability of project and special assessment roll.

Township Public Improvement Act, P.A. 188 of 1954, as amended

Projects are administered by township board
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.
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.
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)

Projects are initiated by motion of county board of commissioners or by petition of 2/3 of owners of land abutting lake.
County board may require cash payment from petitioners up to $10,000 to cover preliminary study cost.
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.
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.
Additional public hearing on special assessment roll.
"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

Act provides for sale of bonds to finance lake improvement projects.

Drain Commissioner email: eMail the Drain Commission Office
East Complex 2300 E. Grand River Avenue  Suit 105| Howell, MI 48843
Phone 517.546.0040 | Fax 517.545.9658

Home | County Home | Phase II | Title Companies | Drainage Systems | Commercial & Homeowners | About Us | Septage | Calendar

Can't find what you are looking for?   Need to ask a question?

Problem with the site?    Contact the Webmaster

Last updated:  Tuesday, April 10, 2012  Updated by:  L. Lalewicz