The type of developments covered by these rules and regulations include plats, subdivision condominiums, manufactured (mobile) home parks and any other project requiring Water Resources Commissioner approval. Public Acts and local ordinances give the Water Resources Commissioner the authority to review these projects for drainage concerns. The "Land Division Act" (PA 288 of 1967) requires preliminary plat final approval and final plat approval by the Water Resources Commissioner. Subdivision condominiums, land divisions, and other developments may require Water Resources Commissioner approval if the local municipality requires it.
The Water Resources Commissioner will review these types of developments to help minimize any possibility of adverse effects to the development, adjacent property, and the environment due to stormwater runoff. This will obviously take time and may require hiring a consultant, therefore fees must be charged by the Water Resources Commissioner’s Office. These fees will be paid to the Water Resources Commissioner by the developer for any plat, condominium, land division and manufactured (mobile) home park review. The residential review fee will be paid by the municipality requesting the review.
A consultant may be required for review assistance. The decision to use a consultant will be at the Water Resources Commissioner’s discretion only and will be reflected in the fee charged.
Any drainage facility that will be under the jurisdiction of the Water Resources Commissioner must have a "433 Agreement" fully executed and recorded. Section 280.433 of the Michigan Drain Code (PA 40 of 1956) makes provisions for such an agreement. The Calhoun County Water Resources Commissioner has adopted a standard form of this agreement.
Any drainage facility that is to remain private will be approved in cases where the Water Resources Commissioner feels the facility will not cause detriment to the development, adjacent property, or the environment. Also the municipality or property may be asked to sign and record a document that says they will assume full responsibility for the drainage facility and any adverse effects it may have.
Best Management Practices as prescribed by the Michigan Department of Environmental Quality for drainage and the Soil Erosion and Sedimentation Control Program shall always be encouraged. Since the Water Resources Commissioner's Office does not administer the Soil Erosion and Sedimentation Control Program in Calhoun County the developer is recommended to contact the Calhoun County Road Commission during the design phase of their project.
The purpose of these rules are to protect public health, convenience or welfare and to promote uniform drainage procedures for development of all lands within Calhoun County.