County Drain Commissioner

Local Government>Drain Commissioner

Location:

219 Paw Paw St., Suite 301
Paw Paw, MI 49079

From I-94 take the Paw Paw Exit (exit 60). Turn north and proceed ½ mile. Take right after Sheriffs Building, proceed to Administration & Land Services Building on left.

Phone#: (269) 657-8241
Fax#: (269) 657-0176

STAFF

Joe Parman , Drain Commissioner,CEA
Georgia Massura, Deputy Drain Commissioner
Brandon Kulhanek, SESC Permit Officer and Drain Maintenance Supervisor, CEA
Peter VanDop, Engineer/Chief Deputy, P.E.

HOURS
Monday-Friday: 8:30am-5:00pm
Saturday and Sunday: closed

Holiday Schedule
The Van Buren County Courthouse will be closed for these dates:

2012 HOLIDAY SCHEDULE

Martin Luther King Day – Monday, January 16
President’s Day – Monday, February 20
Memorial Day – Monday, May 28
Independence Day – Wednesday, July 4
Labor Day, Monday, September 3
Veteran’s Day – Monday, November 12
Thanksgiving Day – Thursday, November 22
Day after Thanksgiving – Friday, November 23
Christmas Eve – Monday, December 24
Christmas Day – Tuesday, December 25
New Year’s Eve – Monday, December 31
New Year’s Day – Tuesday, January 1

MISSION STATEMENT:

To provide for the health, saftey, and welfare of Van Buren County citizens by providing stormwater management, flood control, development review, water quality programs, and to be a steward of our natural resources.

GOALS

Use technology and best management practices to improve efficiency and effectiveness of the Drain Commissioner’s office.

Be proactive and responsive. Communicate with property owners and municipalities regarding drainage concerns.

Develop a three year rotating maintenance and inspection program on county drains to lessen the costs to property owners and responsibly maintaining county drains.

Make efforts to engage jail inmates and community service workers to keep the drain maintenance program costs low. This would encourage inter-departmental relationships for the better good of Van Buren County residence.

Joe Parman, Drain Commissioner [Click here to view full size picture]

County Drains
Soil & Sedimentation Control
Soil Surveys
Drain Maintenance
Phosphorus Free Lawn Fertilizer Ordinance
Township Drain System Maps
Lake Levels
Crooked Lake Level - Augmentation Well Project
MUD LAKE AND OSBORN DRAIN PETITION
NORTH PHOENIX PETITION
Days of Review - 2011 Drain Assessments

County Drains

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There are more than 540 county drains in Van Buren County. Continued growth in population requires construction of new homes, schools, paved streets, parking lots, and commercial development, all demanding more and larger stormwater drainage than agriculture had ever required in the past. The County Drain Commissioner acts under Act 40 of the Public Acts of 1956, as amended, and has jurisdiction over all county drains. State statute defines a drain as “…the main stream or trunk and all tributaries or branches of any creek or river, and watercourse or ditch, either open or closed, any covered drain, any sanitary or any combined sanitary and storm sewer or conduit composed of tile, brick, concrete, or other material, any structures or mechanical devices that will properly purify the flow of such drains, any pumping equipment necessary to assist or relieve the flow of such drains and any levee, dike, barrier, or a combination of any or all of same constructed, or proposed to be constructed, for the purpose of drainage or for the purification of the flow of such drains,” (280.3 of 1956 PA 40).

County Drain Office Activities

The Van Buren County Drain Commissioner works with local property owners, county municipalities, the County Soil Erosion and Sedimentation Control Agent, the County Road Commission, the Michigan Department of Transportation, and the Michigan Department of Environmental Quality to reduce costly and destructive flooding in Van Buren County. The Van Buren County Road Commission and the Michigan Department of Transportation are responsible for the construction and maintenance of county roads and state highways which often rely on the county drain system to provide an outlet for excess water.

To improve stormwater drainage, a petition is signed by municipalities or by landowners of the drainage district and presented to the County Drain Commissioner. The process leading to a new drain is necessarily lengthy. It includes: Application and petition by land owners or municipalities; public notice; approval by a Board of Determination; release of right-of-way by property owners; notice of assessment; receipt of bids; letting of construction contract; review of apportionment’s; and assessment to the drainage district property owners. Local Municipalities, County and State governments and railroads also fund drains.

Site Plan Review

The Drain Office is required by The Land Division Act No. 288 of 1967 to review site plans for all county established plats for proper storm water management. However, plat developments are becoming a rarity and most developments are established under Condominium Act, Public Act 59 of 1978 in which the Drain Commissioner receives a “Notice of Intent” to establish but is not required under state law to review the site plans. If a municipality chooses to have the Drain Office review a Site Condo, Planned Unit Development, or other site plans then they must adopt, by resolution the Drain Office’s “Site Development Rules”. This offers municipalities the ability to have an outside agency review site plans for proper storm water management. Additionally, municipalities that don’t have planning or zoning can adopt the rules in order to ensure proper plan design for storm water management when municipal regulations do not apply or exist.

In 2010 the Drain Office incorporated Low Impact Design, LID standards in its stormwater design criteria. Low impact development encourages green development through rain gardens, bio-swales, porous pavement, and other environmental friendly practices. LID standards are becoming common practice in communities throughout Michigan. The state recently developed LID guidelines that will be used in developing the drain office standards.

In addition, the Site Development Rules were update in 2010 to conform with new standards, more user friendly, a application process, and a new "green calculator". In order for the Drain Office to review site plans the following must be submitted: application, two copies of the site plan, storm/design calculations, and review fee.

Documents/Forms:
Site Development Rules
Site Development Rules Schedule of Fees
Drain Code of 1956
Application to Cross a County Drain
Application to connect to a County Drain
Site Development Rules Application
Application to Install a Crossing
Insurance Certificate Requirements
LID - Green Calculator

Soil & Sedimentation Control

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Erosion

PLEASE BE ADVISED THAT THE SOIL EROSION REVIEW, PERMIT, & VIOLATION FEE SCHEDULE HAS BEEN REVISED.
*Revised by Van Buren County Drain Office on January 3, 2011
*Approved by Van Buren County Board of Commissioner Resolution dated January 25, 2011.

The Van Buren County Drain Commissioners office is the State of Michigan designated agency for the “Soil Erosion and Sedimentation Control Act”, Part 91, Public Act 451, 1994 (as amended by 2000 PA 504). The primary objective is to protect the watercourses within the county from sediment loads caused by unchecked soil erosion.

Soil erosion caused by moving wind and water is an important factor in Van Buren County. Approximately 74,100 cropland acres are eroding faster than the land can tolerate and be expected to remain productive. These areas lose 15,819,400 bushels of soil each year – amounting to some 213 bushels of topsoil washed or blown from each acre. Soil erosion occurs throughout the county wherever soil is exposed to the effects of wind and moving water. Wind erosion has been described as severe in the Southwest quarter of the county. (USDA, Soil Conservation Service).

The Soil Erosion County Enforcement Agent (CEA) is responsible for the administration, management and enforcement of the provisions of the Act. The CEA has the responsibility of overseeing all non-agricultural earth change activities within Van Buren County, that are one or more acres in area and/or within 500 feet of a watercourse or lake. The CEA administers more than two hundred permit applications annually with permit fees accounting for the primary source of funding for the program. Private single family residences and outbuildings comprise the majority of permit applications followed by plat developments and commercial/industrial projects.

Documents/Forms:
Frequently asked questions
Soil Erosion Permit Application for Extension
Soil Erosion Application
Van Buren County Soil Erosion Ordinance
REVISED - Soil Erosion Review, Permit & Violation Fee Schedule
Part 91 - SESC Act
SESC Designated Agent Form
Electronic SESC Permit Application Form

Soil Surveys

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Soils

The soil characteristics in the county reflect the strong glacial influence, which left behind both fine clays and course sands. Van Buren County has an abundance of soils well suited for agriculture and development, most of which require a drainage system to handle excess storm water. The Soil Survey book of Van Buren County serves as a reference for specific soil types and locations and is available through this office.

Related Links:
Soil Survey website

Drain Maintenance

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Sheriff's Alternative Worker Program, Lake of the Woods Drain, Hamilton Township [Click here to view full size picture]

Maintenance on County Drains can be done through three different processes:

1. A petition can be submitted by five property owners in a drainage district or by a municipality

2. $5,000 can be spent on routine maintenance per drain, per mile, per year $2,500 per year, per mile can be assessed to a drain for future maintenance

3. Resolution can be passed by a municipality to exceed the $5,000 per year, per mile

In accordance to the Drain Code of 1956 drain maintenance is not funded through the counties general fund but through special assessments on properties in a drainage district and at-large assessments to municipalities. A drainage district consists of properties and municipalities that contribute water to the drain through its watershed and derive benefit from the drain.

Hand Cleaning Program

In October of 2006, in conjunction with the Van Buren County Sheriff’s Department a maintenance program was set-up to hand-clean county drains. The Sheriff’s Alternative Worker Program removes trees, logjams, brush, and debris from county drains and easements. The intent of the program was to be less invasive than large equipment, more cost effective, and more proactive toward drain maintenance. If county drains are maintained on a regular basis then the possibility of larger construction projects are reduced which translates into lower over all maintenance costs in the future. In 2007 the Sheriff’s Work Crew maintained 9 drains totaling over twelve miles of open channel (partial year). In 2008 the Work Crew cleaned over 25 drain totaling 35 miles of open channel.

Frequently Asked Questions - Drain Assessments

1. What is a drain assessment?
County drainage districts are separate public corporations with their own financial records. Each drainage district is supported by a Drain Special Assessment that covers the cost of maintaining the drainage system. County drains are not maintained by Van Buren County general fund taxes.

2. What is a drainage district?
A drainage district is a legally established area of land that drains to a common outlet. Drainage district boundaries are determined by the natural topography of the land and rarely correspond to political boundaries such as townships or counties. Common words for drainage district include watershed and drainage basin.

3. Where is the storm drain for which I am being assessed?
The Van Buren County Drain Office has maps and aerial photos that can show the location of your property and the county drains within the drainage district. These documents will be available on the Day of Review. Even if your property does not touch the county drain, storm water flows toward this county drain as an outlet regardless of the land's elevation.

4. Why did I receive more than one special assessment notice?
Each notice informs you of a Drain Special Assessment for a different drainage district. Your property can be in multiple drainage districts because storm water moves from smaller watersheds through larger watersheds, ultimately discharging to the Great Lakes. For example, if your property were located in a small watershed that is “nested” inside a larger watershed, you would receive an assessment for each district, should they both be assessed in the same year.

5. Is this the only way I would receive multiple drain assessments in one year?
No. Water may flow off your property in more than one direction to different drains and drainage districts and all of those drains may be assessed in one year.

6. How are assessments determined?
The law requires that assessments be based on benefit derived as determined by the Drain Commissioner. All properties within the drainage district are assessed considering factors such as size of the parcel, land use, proximity to the drain, and location of the property within the district. Drainage is considered as an interdependent system with the entire system benefiting from maintenance of the common outlet.

7. Do all property owners pay drain assessments? All property owners within a drainage district receive an assessment, unless specifically exempted by law. In addition, the municipality, Van Buren County, the Van Buren County Road Commission, and the Michigan Department of Transportation (as appropriate) also receive an assessment for a portion of the maintenance costs. The Drain Code does not exempt most non-profit or religious properties from assessment.

8. I recently purchased my property. Why am I being billed for work done prior to my ownership?
Although the work for which you are being assessed may have been completed prior to your purchase of the land, the Drain Code requires that assessments be levied to the property, and assessed to the current owner of record. In most cases, the work performed will benefit the property for years to come.

9. What if I cannot attend the Day of Review?
If you are unable to attend the Day of Review and have questions regarding your assessment or the assessment process, please call the Van Buren County Drain Office. It is possible to make an appointment at times other than the Day of Review, although the appeal period begins after the date of the Day of Review.

10. What happens if I disagree with the proposed assessment for my property?
Appeal of Drain Special Assessments may be made to the Van Buren County Probate Court within 10 days after the Day of Review.

11. How do I pay my assessment?
Drain assessments appear on your winter property tax bill as a special assessment and are paid with your property taxes. In order to lessen the yearly cost a drain assessment may be spread over several years, i.e. 1 of 3 years.

12.What is a Day of Review of Apportionments and do I have to attend the Day of Review?
This is a time when you are invited to review the maintenance efforts and costs for providing your land with storm water drainage and to discuss your proposed share of (apportionment) of these costs. This is also a time to inform the Drain Commissioner’s Office of additional maintenance issues. Your attendance on the day of review is not required and most of the information such as costs and apportionment are on the letter you have received. There is also more information available on the County Drain Office website.

2010 Drain Assessments

Documents/Forms:
2010 Drain Assessment Summary

Phosphorus Free Lawn Fertilizer Ordinance

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Did you know that Van Buren County has joined Lake Michigan shore counties, Allegan, Muskegon and Ottawa, in adopting an ordinance that requires the use of phosphorus free fertilizers on all lawns including residential, commercial and golf courses? The ordinance exempts agriculture, garden, flowers, trees, shrubs, new lawns, and lawn with soil tests indicating phosphorus is required.
Phosphorus is not needed by most established lawns. Phosphorus can run off into lakes, rivers, and streams and cause algae growth. One pound of phosphorus can result in 750 pounds of algae. At its core the ordinance will improve the overall water quality of our lakes, rivers, and streams by eliminating the potential for phosphorus entering waterways. The Van Buren County ordinance takes effect January 1, 2010.

Tips for applying fertilizer:

Always leave a minimum three foot buffer area around lakes and connecting waterways (including ditches and drains!) to ensure fertilizer does not come into direct contact with the water.

Use a slow release fertilizer. This type releases small amounts of nutrients over time to ensure that all are absorbed properly and utilized by the plants. Liquid fertilizer quickly infiltrates the surface and groundwater supplies when lawns and gardens are irrigated, or during a rainstorm.

Slow release fertilizers generally need to be applied only once during a growing season. No reapplication is necessary, especially when you incorporate native vegetation into your landscape.

Related Links:
Partners
Two Rivers Coalition
Van Buren Soil Conservation District

Documents/Forms:
Van Buren County Ordinance to Ban Lawn Fertilizer Containing Phosphorus
Soil Testing
To read about how Phosphorous can contribute to the Death of a Lake

Township Drain System Maps

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Drain Map Updates

Previous drain maps consisted of drains drawn by hand on old township maps and plat maps. In order to accomplish the task of updating drain maps the Drain Office formed a partnership with the County Land Services Department, GIS. The drains legal description and legally described drainage district are pulled from the files and are digitally mapped with the county GIS system and aerial photography. Then, each drain and drainage district is put on a separate map and the township map is updated. In addition, the drains are put on the new Pictometry program as a digital layer to the county maps. This ensures the most accurate data for locating county drains and having the legal assessment district in order to perform proper maintenance and assessments. Furthermore, keeping the work “in house” ensures accuracy, better over-site, improves inter-office relationships, and saves tax payers money. The Land Services Department and Drain Office has mapped and certified over 300 drains and their drainage districts.
Updates on drains and there location are available on the County web site, vbco.org under “County Maps”, new web map interface, “beta test site” as a digital map layer.

Related Links:
Beta Test Site - County Mapping

Documents/Forms:
Almena Township
Antwerp Township
Arlington Township
Bangor Township
Bloomingdale Township
Columbia Township
Covert Township
Decatur Township
Geneva Township
Hamilton Township
Hartford Township
Keeler Township
Lawrence Township
Paw Paw Township
Pinegrove Township
Porter Township
South Haven Township
Waverly Township
Former Paw Paw Township Drain Map

Lake Levels

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Silver Lake Level Inlet, Columbia Township [Click here to view full size picture]

The Drain Commissioner is responsible for fifteen lake levels throughout Van Buren County. Each lake level and assessment district is established through Inland Lake Levels, Part 307 of Public Act 451 of 1994. Additionally, the Dam Safety Act, Part 315 of Public Act 451 of 1994 requires that the Drain Commissioner maintains all lake levels and structures. Each lake level structure must be inspected on a tri-annual basis and reported to the Michigan Department of Environmental Quality. The tri-annual dam inspections were completed and submitted to the MDEQ in July of 2008.

Documents/Forms:
Part 307 - Lake Levels
Part 315 - Dam Safety Act
PROCEDURES FOR STABILIZING INLAND LAKE LEVELS
Part 310 - Inland Lakes and Streams
Lake Scaping for Water Quality
Your Lake and You

Crooked Lake Level - Augmentation Well Project

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Augmentation Well Outlet [Click here to view full size picture]

Documents/Forms:
Augmentation Well - MDEQ Permit
State Office of Administrative Hearings and Rules - Proposal For Decision
Augmentation Well Project Timeline
Up to Date Computation of Costs - Augmentation Well Project
Crooked Lakes Level Assessment Roll 1 of 5 years
FINAL DETERMINATION AND ORDER - Rebecca Humphries, MDNRE Director

MUD LAKE AND OSBORN DRAIN PETITION

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2008-09 Keeler Lake Flooding [Click here to view full size picture]

In the spring of 2009 the drain office received several complaints of property on and around Keeler Lake flooding. In addition, the flooding was so severe that farm fields in the northeast corner of Keeler Lake were flooding over 60th street into the lake. An on-site meeting was held with several property owners, public officials, Michigan Department of Agriculture (MDA), road commission, and the drain office to discuss the problem. The MDA addressed the water runoff from the fields into the lake and the flooding of the lake was left to the property owners.

With the help of a number of local authorities the lake community temporarily resolved the problem by installing a large pump to lower the lake level during a 30 day period. The pump out let into a pond just north of 88th Avenue which is connected to the Mud Lake and Osborn Drain. The lake community collected close to $18,000 from 41 homes where the water threatened 8 homes. There was damage to homes, lake front property, personal property, and expense were incurred when several homes had to add pumps to their lower levels.

Keeler Lake has no outlet and is subject to precipitation, runoff, evaporation, and natural hydrology for its lake level. The Mud Lake and Osborn Drain begins approximately 1,800 feet south of Keeler Lake, but it is not directly connected to the lake. As a result, residence of Keeler Lake and board members for the lake association contacted the county drain office for information on extending the drain to the lake for a sufficient outlet. The extension would require a petition under chapter 8 of the Drain Code in order for the drain office to be able to assist in this process.

A petition was submitted to the drain office for extending the Mud Lake and Osborn drain on August 9, 2010. A preliminary inspection of the drain and its possible extension was done in preparation for petition and the Board of Determination (BOD). The BOD is scheduled for March 1, 2011, 11:00 a.m. at Keeler Township Hall.

Documents/Forms:
Petition - Copy
Petition Summary
Pictures of 2008-09 Flooding - Keeler Lake (1)
Pictures of 2008-09 Flooding - Keeler Lake (2)
Pictures of 2008-09 Flooding - Keeler Lake (3)
Pictures of Pumping - Keeler Lake 2009
2009 Flooding - 88th Avenue & 60th Street, Keeler Township
Osborn and Mudlake Drain and Drainge District Map - CURRENT
Proposed Mud Lake & Osborn Drainage District - Adding Lands
Board of Determination - Order of Necessity
Power Point Presentation - Board of Determination Meeting, 3-1-11

NORTH PHOENIX PETITION

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Localized Flooding - Bailey and Green Streets [Click here to view full size picture]

In 2010-11 the drain office received petitions from both the City of South Haven and the Charter Township of South Haven to "add a branch", and maintenance on the North Phoenix Drain. The city and township both contain a watercourse or storm drain that has caused local flooding for several years and received several reports of problems. The drain office has also received reported problems since 2006 related to flooded properties. The watercourse or storm drain outlets into the North Phoenix Drian but is not an official branch to the drain. As a result, the drain office was unable to address the problems. The petitions were submitted to the drain office under Chapter 8 of the Drain Code in order to progress toward fixing the reported problems under the jurisdiction of the drain office and Drain Code.

The storm drain and watercourse consist of an open channel ditch starting at catchbasins near Blue Star Highway. The open channel cuts through several parcels eroding banks and flooding properties. Once the open ditch reaches Bailey and Green Streets it goes into an enclosed system down the north side of Green Street. It then outlets into an open ditch and into the North Phoenix County Drain. The watercourse carries storm runoff from local highways, roads, commercial and private properties. The current watercourse is unable to handle larger 10 to 25 years storm events which causes the reported problems and flooding.

Once the petition was received the drain office, the procedures set forth in the Drain Code are set in motion. First, a Board of Determination, BOD is scheduled to determine if the petition is necessary for the public health, welfare, or convenience of the City of South Haven and/or Charter Township of South Haven. The BOD is a public hearing scheduled for May 20, 2011, 1:00 p.m. at the South Haven City Hall. The BOD with hear public testimony for or against the necessity of the petition. In Addition, the Board will hear reports from the Drain Commissioner and possibly the City and Township. After the Board has heard and reviewed all the information they may determine if the petition is necessary or not necessary.

In accordance with the Drain Code all parcels and municipalities within the North Phoenix Drain District, possibly liable for assessment were notified of the Board of Determination meeting. In addition, notice will be posted in the local news paper prior the to the meeting.

The Board of Determination, during Friday's March 20th meeting determined the petitions Necessary for the public health, welfare and convenience of the City of South Haven and the Charter Townhip of South Haven.

Documents/Forms:
North Phoenix Petition - South Haven Charter Township
North Phoenix Petition - City of South Haven
Inspection and Report of Petitioned and Problem Area
Flooding Pictures from 2011 - Green and Bailey Street Area
Picures of the Open Channel Ditch Between Blue Star and Bailey
2006 Flooding Pictures
2006 Inspection Report
Open Channel Pics
Map of Petitioned Area and Existing Storm System
North Phoenix Drain and District Map
Board of Determination's Order of Necessity - March 20, 2011
Power Point Presentation - Board of Determination Meeting

Days of Review - 2011 Drain Assessments

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Documents/Forms:
Charles & Goss Drain & District Map
Brown Drain & District Map
Butternut Drain & District Map
Fuller Drain & District Map
McLain Drain & District Map
Mead Swamp Drain & District Map
Peterson Drain & District Map
Randall Drain & District Map
Tripp Drain & District Map

Page Last Updated: 1/12/2012