Michigan Compiled Laws
40-1956-8. - Chapter 8. Cleaning, Widening, Deepening, Straightening and Extending Drains. (280.191...280.201)
Section 280.196a - Drain Not Established Under Act; Removal of Debris From Watercourse; Conditions; Permission From Property Owner; Costs.

Sec. 196a.
Notwithstanding other provisions of this act, a drain commissioner or drainage board may remove ice, fallen trees, logjams, or other debris on a watercourse that is not a drain established under this act if, upon inspection, a licensed professional engineer has determined that the ice, fallen trees, logjams, or other debris has caused or is causing flooding, an imminent risk of flooding, increased erosion, channel instability, reduction in capacity that may cause flooding, or other damage to 1 or more county or intercounty drains established under this act. The drain commissioner or drainage board may undertake the removal of any ice, fallen trees, logjams, or other debris authorized by this section after obtaining written permission from the owner or owners of property where the ice, fallen trees, logjams, or other debris is located and, if necessary, the owner or owners of property to which access is required to remove the ice, fallen trees, logjams, or other debris. The costs incurred by the drain commissioner or drainage board under this section shall be charged to the benefiting drainage districts consistent with this act, and are subject to the expenditure limit and conditions set forth in section 196 if the work is performed without petition.
History: Add. 2014, Act 544, Imd. Eff. Jan. 15, 2015 Popular Name: Act 40

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 280 - Drain Code of 1956

Act 40 of 1956 - The Drain Code of 1956 (280.1 - 280.630)

40-1956-8. - Chapter 8. Cleaning, Widening, Deepening, Straightening and Extending Drains. (280.191...280.201)

Section 280.191 - County Drains; Maintenance and Improvements; Petition; Determination of Necessity; Apportionment.

Section 280.192 - Intercounty Drain; Cleaning Out; Petition; Drainage Board; Procedure.

Section 280.193 - Drains; Apportionment for Cleaning, Widening, Deepening, Straightening, and Extending; Review; Notice; Consolidated Districts.

Section 280.194 - Petitions and Proceedings; Description of Drain, Relief Drains.

Section 280.195 - Further Right of Way; Damages.

Section 280.196 - Inspection of County and Intercounty Drains; Deposits in Drain Fund; Expenditures for Inspection, Repair, and Maintenance of Drain; Assessment; Resolution Approving Expenditure of Additional Amounts; Reassessment; Notice; Affidavit...

Section 280.196a - Drain Not Established Under Act; Removal of Debris From Watercourse; Conditions; Permission From Property Owner; Costs.

Section 280.197 - Surveying Drain and Reviewing District Boundaries, Laying Out Revised District, or Making Profiles, Plans, or Estimates of Work; Retaining Services of Surveyor or Engineer; Filing Data; Revision of Boundaries of Drainage District; A...

Section 280.198 - Drain Taxes; Subsequent Assessment.

Section 280.199 - Cleaning Out Drain; Apportionment of Cost; Use of Surplus in Drain Fund.

Section 280.200 - Cleaning Out Drain; Cost of Maintenance and Repair; Public Contracts.

Section 280.201 - Entering Property for Excavation or Tree Removal; Notice; Exception.