Permits
All permits and applications pertaining to the information on this
page can be found on the
Forms and
Permits page of the website's Online Reference Desk.
County Drain Right-of-Way
Anyone working within the legal right-of-way of an established county
drain under the Drain Commissioner’s jurisdiction needs a permit. The
purpose of the permit process is to protect the drainage districts from
activities that could be a detriment to the drain and add cost to that
district in the future. This permit is under the authority of
the Drain Code, Act 40 of 1956 of Michigan and the Calhoun County Board
of Commissioners by resolution.
1. Anyone planning to work within the county drain right-of-way
must request an Application for a Permit by notifying the Calhoun
County Drain Commissioner either by telephone or letter. The
information required by the Drain Commissioner at this time to start
the permit process is:
a. Township(s) working within
b. Section(s) number within that township(s)
c. Name of county drain involved, if known
d. What kind of activity you will be doing
e. Name and address of where permit forms are to be mailed
f. Telephone number of requester
2. The Drain Commissioner will send the appropriate application
form to the requesting party within five (5) working days.
3. Upon receiving the application form, the requester will fill out
the forms entirely, stating the location of activity, kind of work to
be done, and when the work will be done (date). The requester will
then sign form and mail back to the Calhoun County Drain Commissioner
with the application fee. Any work being done in a Calhoun County
Drain right-of-way must be done by a contractor with proper
qualifications as stated in the "Calhoun County Drain Commissioner’s
General Specifications For Contractors".
4. When requester has sent all application and permit fees, the
application will be reviewed. If the activity will not adversely
effect the drain a permit will be issued and set to the requester.
Work can then commence.
5. If the Drain Commissioner rejects the application, a rejection
statement will be sent to the requester stating the reason for
rejection.
6. In case of an emergency, the Drain Commissioner shall be
notified by telephone. If approved he will then give authorization for
work within the drain right-of-way. The application process and permit
will be issued at a later date. That date to be determined by each
individual circumstance, but shall be within thirty (30) days.
7. Failure to acquire a permit and execute the permit as required
in these rules will result in a fine of double fees charged to
violator. Also the cost of repair, removal, replacement, and
inspection, along with all legal fees required to enforce the permit
requirements will be charged to violator.
8. In case of multiple crossings the fee may be adjusted as deemed
appropriate by the Drain Commissioner.
9. The permit fee covers one (1) or two (2) inspections by the
Drain Commissioner and/or his inspector. If a consulting engineer is
retained by the Drain Commissioner, the cost of his services will be
paid by the requester within thirty (30) days of receipt of invoice. A
permit will not be issued until all costs are paid.
10. Crossing permits issued by the Drain Commissioner do not
release the requester from acquiring other permits required by other
municipalities.
To Cross or Parallel a County Drain
In consideration of the granting of this permit, Permittee does
hereby agree to comply with all terms and conditions as set forth in
this permit, together with the rules and regulations as established by
Calhoun County Drain Commissioner, a copy of which rules and regulations
are as follows:
1 . All utilities and/or facilities must be minimum of
four (4) feet below the established drain bottom when crossing or
paralleling a county drain or right-of-way.
2. Any structures removed such as headwalls, wingwalls, concrete
slabs, rip rap, erosion protection, tiling and culverts-metal or
concrete, must be replaced with new material and reconstructed to
original condition or better.
3. All ditch banks, when disturbed, must be reshaped to original
slope, compacted, topsoiled and seeded, fertilized and mulched or
hydroseeded.
4. A minimum of seventy-two(72) hours notice is required to the
inspection department prior to any construction that will involve a
county drain.
5. Equipment and materials may not be stored in any way so as to
cause blockage of a county drain.
6. Permittee is responsible for maintaining all storm drainage
during the time of construction, whether by use of pumping equipment
or construction of a bypass system.
7. Permit fee will be One-Hundred Fifty Dollars ($150.00) per
occurrence, payable by check to the Calhoun County Drain Commissioner.
Prior to issuance of a permit proof of Contractor’s Liability
Insurance must be filed with the Office of the Drain Commissioner,
with the named insured, in compliance with the Calhoun County Drain
Commissioner’s standards. Also indemnity insurance, in the amount of
$1,000,000.00.
8. This Permit does not relieve applicant from meeting any
application requirement of law or of other public bodies or agencies.
Additionally, the issuance of this permit does not relieve the utility
of any future expense for relocation of said utility to accommodate
for future drain improvements.
9. Permittee shall be responsible for and pay all costs for
engineering and inspection services incurred by the Calhoun County
Drain Commissioner in the review of the Permit Application and
inspection of the work performed hereunder. Payment to be made within
thirty (30) days of invoice.
10. Other: ________________________________ further agrees, either
to pay any increased cost to the Drainage District due to this utility
occupying said drain, said cost to be determined as a separate bid
item during construction or reconstruction, or if determined necessary
by the Calhoun County Drain Commissioner, the utility company
occupying said drain right-of-way, shall relocate or lower if the
location of the utility shall increase the cost of performing drain
improvements or drain maintenance.
All expenses pertaining to said relocation shall be paid for by the
owner of the utility company. Relocation shall be completed within 90
days from receipt of written request by the Drain Commissioner.
Additional time may be granted by the Drain Commissioner if
determined necessary.
Tiling An Established County Drain
1. Commencement of work set forth in the permit application
constitutes acceptance of the permit as issued.
2. Failure to object within ten (10) days to the permit as issued
constitutes acceptance of the permit as issued.
3. I will be responsible for and pay all costs for engineering and
inspection services incurred by the Calhoun County Drain Commissioner
in excess of the standard fee if needed.
4. I hereby agree to comply with all terms and conditions as set
forth in the permit, together with the following rules and regulations
as established by the Calhoun County Drain Commissioner:
A. All culverts must be proper size and material set at the
established drain bottom. New or approved material to be used only.
The Drain Commissioner shall set the size of the culvert, tile or
pipe to be used.
B. Any structures removed such as headwalls, wingwalls, concrete
slabs, rip rap, erosion protection, tiling and culverts- metal or
concrete, must be replaced with new material and reconstructed to
original condition or better.
C. All ditch banks, when disturbed, must be reshaped to a minimum
of 2:1 slope, compacted, topsoiled and seeded, fertilized and
hydroseeded.
D. Five (5) days notice is required to the inspection department
prior to any construction that will involve a county drain.
E. Equipment and materials may not be stored in any way so as to
cause blockage of a county drain.
F. Permittee is responsible for maintaining all storm drainage
during the time of construction, whether by use of pumping equipment
or construction of a bypass system approved by the Drain
Commissioner.
5. Permit fee will be Fifty Dollars ($50.00), payable by check to
the Calhoun County Drain Commission. Engineer cost, if required, will
be paid to Calhoun County Drain Commission within thirty (30) days of
receipt of invoice.
6. If the Drain Commissioner deems it appropriate, prior to
issuance of a permit, proof of Contractor’s Liability Insurance should
be filed with the Office of the Drain Commissioner, with the named
insured, in compliance with the Calhoun County Drain Commissioner’s
standards.
7. This permit does not relieve applicant from meeting any
application requirement of law or of other public bodies or agencies,
i.e. local, state or federal.
8. Permittee shall hold harmless the Drainage District, the Calhoun
County Drain Commissioner, or Drainage Board, County of Calhoun, and
the State of Michigan for any liability connected with installation of
said tile.
9. Any failure of the work performed under this permit that causes
an obstruction shall be subject to the provisions set forth under
Section 280.421 of the Michigan Drain Code, Act 40 of 1956, as
amended.
Connecting To A County Drain
1. Commencement of work set forth in the permit application
constitutes acceptance of the permit issued.
2. Failure to object within ten (10) days to the permit as issued
constitutes acceptance of the permit as issued.
3. If this permit is accepted by either of the above methods, I
will comply with the provisions of the permit.
4. I will be responsible for and pay all costs incurred by the
Calhoun County Drain Commissioner and the Drainage District for
engineering service in reviewing this Permit Application and for all
costs of inspection of the work performed thereunder.
5. I hereby agree to comply with all terms and conditions as set
forth in the permit, together with the following rules and regulations
as established by the Calhoun County Drain Commissioner for connecting
to a County Drain.
6. All connections to established county drains shall be done in a
professional manner acceptable to the Calhoun County Drain
Commissioner. When connection is made to an enclosed storm sewer, the
connection hole must be cored or cut with a concrete saw to the
appropriate diameter. (Any method such as jackhammer, sledgehammer, or
breaking through the wall is unacceptable). All connections must be
properly sealed to prevent leakage and/or infiltration into the
system.
7. It is desired that all connections be tapped into a manhole or
catchbasin. If this is not possible and connection must be made in the
main line sewer a detailed description of the connection must be
submitted to the Drain Commissioner for approval.
8. Open drain connections must be restored and protected against
erosion and bank failure by use of seed, hydroseed, sod, rip-rap,
stone, concrete spillways, etc. as determined appropriate for the
situation and approved by the Calhoun County Drain Commissioner.
9. Any structures removed such as headwalls, wing walls, concrete
slabs, rip-rap, erosion protection, tiling and culverts - metal or
concrete, must be replaced with new material and reconstructed to
original condition or better.
10. All ditch banks, when disturbed, must be reshaped to a minimum
of 2:1 slope, compacted, top soiled and seeded, fertilized and mulched
or hydroseeded, as determined suitable for the situation.
11. Five (5) days notice is required to the inspection department
prior to any construction that will involve a county drain. Connection
should not be backfilled until inspected and approved.
12. Equipment and materials may not be stored in any way so as to
cause blockage of a county drain.
13. Permittee is responsible for maintaining all storm drainage
during the time of construction, whether by use of pumping equipment
or construction of a bypass system.
14. Permit fee will be One-Hundred Fifty Dollars ($150.00), payable
by check to the Drain Commissioner. Prior to issuance of a permit,
proof of Contractor’s Liability Insurance must be filed with the
Office of the Drain Commissioner, with the named insured, in
compliance with the Calhoun County Drain Commissioner’s standards.
Also indemnity insurance in the amount of $1,000,000.00 may be
required.
15. This permit does not relieve applicant from meeting any
application requirement of law or of other public bodies or agencies,
local, state or federal.
16. Permittee shall be responsible for and pay all costs for
engineering and inspection services incurred by the Calhoun County
Drain Commissioner in the review of the Permit Application and
inspection of work performed hereunder. Payment to be made within
thirty (30) days of invoice.
17. Permittee is allowed to discharge clean unpolluted storm water
only. Any product or material entering the established county drain
through the authorized connection that is deemed unacceptable and
considered pollution is the sole responsibility of the Permittee in
regard to liability and expense for cleanup, fines, or penalties under
local, state and federal law.
Activities Not Requiring A Permit
1. Cutting of trees and brush and the removal of dead trees and
brush from the drain. Proper notification to the Drain Commissioner is
required.
2. Anyone working under contract with the Drain Commissioner.
Fees
Permission To Tile A Drain
$ 50.00
Cost of one inspection included in fee. If required, consulting
engineer cost to be paid by Permittee within thirty (30) days upon
receipt of invoice.
Connect And Discharge To County Drain
$150.00
Cost of two inspections included in fee. If required, consulting
engineer cost to be paid by Permittee within thirty (30) days upon
receipt of invoice.
Cross Or Parallel A County Drain
$150.00
Cost of two (2) inspections included in fee. If required, consulting
engineer cost to be paid by Permittee within thirty (30) days upon
receipt of invoice.
Amendments
For the purpose of providing for the public health, convenience or
general welfare, the Calhoun County Drain Commissioner may from time to
time amend the provisions and fee schedule imposed within these permits,
regulations and procedures. Notice of all proposed amendments shall be
provided by the Calhoun County Drain Commissioner to the County Board of
Commissioners.
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