Barry County holds Drain Code 101: commissioners briefed on districts, assessments, permits and lake levels

Barry County held a special Board of Commissioners meeting July 29 for an extended presentation on Michigan's Drain Code and related water-management topics, including drainage districts, assessment apportionments, permitting, and the process for setting legal lake levels.

The presentation was led by Doug Kelly, an attorney at Clark Hill who described himself as a drain attorney with more than 25 years'experience working with drain commissioners, and by Jim Bridal (presenter/staff member), who walked commissioners through practical steps for maintenance, petition projects and financing. Public commenters included Ted DeVries of Prairieville Township and Rick Moore, harbormaster of the Podunkle Cuts Club.

"The drain code of 1956 is an exceedingly complex statute, the provisions of which are apparently known by few in the profession and understood by far fewer," Kelly said, summarizing the statute's arcane history and the practical challenges counties face when implementing it.

Why it matters: The Drain Code governs how counties and drain commissioners manage stormwater, flood control and water-quality projects, how they create drainage districts, and how they apportion the cost of repairs and improvements through special assessments. Changes in lake levels, large repair projects and inter-county drains can trigger multi-million-dollar work that affects property values, township budgets and public health services (for example, access for emergency vehicles), presenters said.

Key points from the presentation

- Drainage districts and authorities: Kelly explained that a drainage district is a statutory public body corporate that can acquire property, enter contracts, borrow…