Michigan Land Use Institute

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Drain Code Reform

Problems and answers

December 1, 1999 | By Patty Cantrell
Great Lakes Bulletin News Service

Problem


Answer

  • Provide public with details of project cost, scope, and route before making drain decisions.
  • Base "determination of necessity" on cost-benefit analyses, environmental effects, and public comments.


Problem


Answer

  • Require consideration of upstream and downstream consequences.
  • Require major drain work comply with the Natural Resources and Environmental Protection Act.


Problem


Answer

  • Provide for meaningful citizen appeals.
  • Require consideration of less expensive or less damaging alternatives.

Problem


Answer

  • Require clear definition and rationale of "benefit."
  • Require verification of drain establishment and easements.

Problem


Answer

  • Apportion highest cost to source of greatest land use changes.
  • Require substantiation of "public health, convenience, and welfare" purposes.
Michigan Land Use Institute

148 E. Front Street, Suite 301
Traverse City, MI 49684-5725
p (231) 941-6584 
e comments@mlui.org