Bill
HB 5189
Standardizes procedures to add/remove counties to drainage districts, tightens notices, and adds arbitration for disputes over county additions/removals and cost apportionments.
Status and context
- Bill: House Bill 5189 (Senate substitute S‑1 adopted by the Senate)
- Statutory changes: Amend sections 135 and 197 of the Drain Code of 1956 (MCL 280.135 & 280.197)
- Legislative history (selected): introduced Oct. 24, 2023 (Rep. Robert J. Bezotte); passed House June 20, 2024; Senate substituted and passed Dec. 11, 2024 (S‑1); returned to House. Committee reports indicate no material fiscal impact.
Purpose and intent
- Clarify and standardize procedures for adding a county (or removing all lands in a county) to/from an existing drainage district, tighten notice and petition content requirements, and provide a defined appeals pathway for certain commissioners’ disputes over county apportionments or additions/removals.
Key provisions and changes
- Petition content and delivery
- A petition to add/remove county(ies) must identify the county or counties and the lands proposed for addition/removal and may be combined with certain other drain petitions.
- The drain commissioner must mail a copy of the petition to the Michigan Department of Agriculture & Rural Development (MDARD) director and to each affected county drain commissioner by certified mail.
- Notice requirements for drainage‑board proceedings
- Notices for the drainage‑board meeting must be provided pursuant to section 122 procedures (notice for establishing intercounty drains), must identify the county(ies) proposed for addition/removal, and include a general description or map of the lands expected to constitute the district.
- The first‑class mailing under section 122(4)(c) must go to each person listed on the last city/township tax assessment roll as owning lands in the original or proposed revised district at the address shown on the roll.
- Notices may be sent by first‑class mail or certified mail (petition copies and notices required by certified mail in several committee versions).
- Decisionmaking and orders
- The drainage board must consider petitions and evidence and make a determination by majority vote whether the addition or removal of county(ies) is necessary for public health, convenience, or welfare.
- If the board determines jurisdictional revision is appropriate, it must issue an order (filed with each county’s drain commissioner) that: names/designates the drain and drainage district, describes route and district boundaries, identifies counties added/removed, and—if intercounty—designates members of the revised drainage board and determines county apportionments for costs.
- Appeals and apportionments
- If commissioners disagree on apportionments between counties, the chairperson may determine apportionments; the bill explicitly permits a drain commissioner to appeal apportionments or the addition/removal of a county as set in an order to an arbitration board under section 106 (the existing arbitration process for commissioner disputes).
- Survey, review, and boundary revision procedures
- The drain commissioner or drainage board may retain a licensed surveyor/engineer to survey drains and review boundaries; statutory procedures set notice, day‑of‑review, board of determination, and other steps before revising boundaries or filing an order.
Who is affected
- Primary: county drain commissioners, intercounty drainage boards, MDARD (director), and commissioners who sit on drainage boards.
- Secondary: counties and their fiscal responsibilities (apportionments), municipalities, and landowners within existing or proposed drainage districts (recipients of notices, potentially liable for assessments).
- Practical effect: changes in how and when counties and landowners are notified, and clearer procedures and appeal routes for disputes over county inclusion and cost apportionments.
Procedural/timeline notes
- The bill prescribes specific notice timing (e.g., at least 10 days before drainage‑board meeting) and requires use of tax rolls to identify affected parcel owners for mailings.
- Legislative status: passed both chambers (House June 20, 2024; Senate substitute Dec. 11, 2024) and returned to the House; committee analyses reported no significant fiscal impact.
Potential impacts (practical)
- Greater procedural clarity and consistency for intercounty drain boundary revisions and apportionment disputes.
- Stronger notice requirements for landowners and counties (maps/descriptions, certified mail in versions).
- Affords drain commissioners an explicit arbitration path for disputes over county apportionment or addition/removal decisions; committee materials note the measure was intended in part to reduce litigation by clarifying appeal channels.
Compiled from official sources — confirm details with the bill’s official record.
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