Welcome and thanks for taking the time to visit my online office. I understand the importance of keeping you informed, which is why the latest news, as well as the forms, publications and other resources, from the Office of the Drain Commissioner will be published on this website.Thank you for the opportunity to serve as drain commissioner and please do not hesitate to contact me with any questions or concerns.
Sincerely,
Dennis Lennox
Drain Commissioner Responsibilities
The drain commissioner is elected by the voters at a countywide level for a term of four years. Unlike other elected positions in county government, it is established by legislative statute and not the Michigan Constitution.
Drain commissioners date back to the 19th Century when state government recognized the importance of draining wetlands for agricultural and developmental purposes. The responsibilities and duties for the Office of Drain Commissioner are governed by Public Act 40 of 1956, which is commonly known as the Michigan Drain Code.
Under the law, the Office of Drain Commissioner is responsible for the construction, operation, and maintenance of designed county drains. The drain commissioner is also a statutory member of the Parks and Recreation Board, Board of Public Works, and lake improvement boards established by Public Act 451 of 1994.
County drains are established to improve the drainage of an area known as a drainage district. The drainage district is all of the area that contributes stormwater runoff, and the district is established through a series of petitions and public hearings.
By law, a county drain may be an open ditch, stream, underground pipeline, creek, or river. It is constructed after a right-of-way easement is obtained by the drainage district, and the right-of-way remains in effect as long as the drain continues to exist and operate.
Not all ditches, streams, piplines, creeks, and rivers are county drains. There are many natural waterways, private ditches, private pipelines, and roadside ditches that are not under the jurisdiction of the Office of Drain Commissioner. In fact, most, but not all, ditches along roads fall under the responsibility and jurisdiction of the Road Commission or Michigan Department of Transportation.
To begin a drain project, a petition must be initiated. Requirements for petitioning vary by law depending on the type of drain.
After receiving the petition, the drain commissioner appoints three persons from outside the proposed drainage district to serve as a board of determination. Notices are then sent to the entire drainage district and a meeting is held to determine the necessity of the project. If the board determines a drain is necessary, an order of determination instructing the drain commissioner to construct the project and improve the drain is issued.
By law, drainage districts are a public corporation – formed by a special assessment, which is responsible for all costs involving the project. The drain commissioner determines the apportionment of the costs through propionate shares for each parcel of land and municipality within the drainage district.
A day is then set aside for taxpayers to review their apportionment and the procedure used in its determination. The total apportionment may be divided into annual payments, and if money was borrowed to fund the project then interest must be added to the annual principal payments.
Office Information
The Office of the Drain Commissioner is located in Room 217 of the Cheboygan County Building, which is located at 870 South Main Street in Cheboygan. Hours of operation are Fridays from 9 a.m. to 5 p.m.Drain Commissioner Dennis Lennox
Cheboygan County Building
870 S. Main Street
P.O. Box 70
Cheboygan, MI 49721
Telephone: (231) 627-8493
Fax: (231) 627-8881
E-mail: draincommissioner@cheboygancounty.net