On Tuesday, Nov. 5, 2024, millions of Americans will head to the polls to cast their vote in the presidential election, as well as many other elected offices. For residents across Berrien County, one of those offices will be the position of county drain commissioner, known in some counties as public works commissioner, or water resources commissioner. Here is a look at what has gone on in the Tri-City Area as it relates to water and the Drain Commissioner.
Need for a drain Commissioner
Historically, Michigan had a lot of land that was too wet for farming or building. Although wetlands have plenty of benefits for both wildlife and the environment, they are not suited well for construction or crops. Without proper drainage, land in the area cannot be developed. About 75% of Michigan’s original wetlands have been drained and at this point, there are approximately 700 drains within Berrien County that this office is responsible for maintaining.
The duties of the drain commissioner are to oversee these county drains. In Berrien County, this can be a natural or artificial creek or open ditch, tiled, or a pipeline for carrying away stormwater.
In addition to levying taxes, the drain commissioner is also responsible for the general management of drainage districts, inspections, assigning and overseeing work performed by outside contractors, supervising and administering office staff, and administering and overseeing all engineering projects and construction as per contracts. The office head also is responsible for maintaining inland lake levels and dams, as ordered by circuit court, rulings, and participating in inter-county drain activities. The commissioner is responsible for keeping historical, financial, and easement records, acquiring permits for activities affecting the drain, responding to service requests, scheduling maintenance, and borrowing funds to pay for costs. And then assesses the costs back to the landowners, transportation authorities, and municipalities, according to their estimated benefit of use.
Drain commissioners are also responsible for administering Michigan laws related to flood protection, stormwater management, and soil erosion.
The role they provide is often overlooked until there is a crisis. If a drain gets clogged near your property and your home is flooded because of it, the important work they do becomes immediately clear.
What is a Drainage District?
Each drain has a contributing area (similar to a watershed) called a drainage district, which is a public corporation that is legally and financially responsible for maintaining the functioning of the drain. Drainage district boundaries are determined by the natural topography of the land and rarely correspond to political boundaries such as townships or counties.
It is in these districts that the commissioner levies tax assessments and directs the construction or maintenance of drains and culverts.
What is a Drain Assessment?
County drainage districts are separate public corporations with their financial records. Each drainage district is supported by a Drain Assessment that covers the cost of maintaining the drainage system. County drains are not maintained by Berrien County general fund taxes.
The authority to levy taxes comes from the Michigan Drain Code of 1956, which authorizes drain commissioners to assess the cost of drain work to land owners in a specific drainage district. All costs of maintaining such drains are paid for by drain assessments, and the drain commissioner acts as a steward for each drainage district.
What is a Petitioned Project?
Petitions may be filed to construct a new county drain or to improve an existing county drain to alleviate flooding or drainage issues. Petitions may be signed by landowners, municipalities, the Berrien County Road Commission, or the Michigan Department of Transportation. After a petition is filed, the Drain Code requires a Board of Determination hearing to determine if the project is necessary or not. Without a petition, the drain commissioner can only perform maintenance activities on the county drain.
Current status of Tri-City Area drains
Here is the current status of drains being addressed in the Tri-City Area from the reports generated by Commissioner Christopher Quattrin’s office:
Please note, that these are not all the drains in each of these areas.
Bainbridge Township:
Brant & Dix Drain #060 - Emergency condition
Dakin & Peters Drain #108 - Active petition
Jarvis Drain #636 - petition in process
Millburg Drain #339 - petition requested
Russell & Arnt #643 - Work order completed
Spencer #489 - Work Order # 24-123
Yore & Stoeffer Drain #569 - Active petition
Hagar Township:
Hampton Drain #674 - Petition not executed/on hold
Hibbard Lake Drain #223 - Emergency condition
Koranda Drain #282 - Active petition, emergency condition
Perry & Beach Drain #399 - Active petition
Coloma Charter Township:
Becht & Peck Drain #028 - petition in process
Dedrick Drain #113 - Resolution in process
Hibbard Lake Drain #223 - Emergency condition
Kelly Drain #270 - Under construction
Paw Paw Lake Level Drain #999 - Under construction
Roger’s Creek – South branch Drain #483 - Resolution needed from Township, Work Order #23-052 and Work Order #24-115
Tavolacci Drain #515 - Under construction
Watervliet City:
Watervliet Charter Township:
Paw Paw Lake Level Drain #999 - Under construction
South Watervliet Drain #485 - Under construction
Watertown Place Drain #771 - Working with the developer to resolve issues
Additionally, Commissioner Quattrin reached out to both Coloma Charter and Watervliet Charter supervisors to discuss taking over the drainage system on Paw Paw Lake.
The McConnell and Olcott #349 Intercounty Drain Drainage Board met on May 8, 2024, to consider a petition, dated January 31, 2024, for maintenance and improvement of this intercounty drain, located in Watervliet Charter Township in Berrien County and Covert Township in Van Buren County. It was determined that the petition was practical. Therefore, it will move to a Board of Determination hearing that will be published at a later date.
Finally, the Howe, Ryno, & Worden Drain #242 which affects Coloma Charter Township, Bainbridge Township, Watervliet Charter Township, and the city of Coloma will be going to the Board of Determination on July 10, 2024, at 3 p.m.
Drain Commissioner governing
The Michigan Drain Code of 1956 authorizes county drain commissioners to assess the costs of drain work to landowners, which makes the office a powerful local and state position, unique in the country.
The code is the primary statute that mandates the responsibilities of the county drain commissioner and provides for the creation and maintenance of county drains. It is one of the only laws that specifically mandates as to how the work with drains must be procured.
However, there are many more governmental restrictions that must be followed like common drain law, MDOT, FEMA, EPA, U.S. Army Corps of Engineers, DNR, the railroad system, local municipalities, and EGLE guidelines and different acts that cover wetland protection, soil erosion, sedimentation control, and clean water just to name a few.
The role of county drain commissioners in the Tri-City Area is a crucial one. Maintaining drainage systems, preventing flooding and soil erosion, and managing stormwater are just a few of the major job responsibilities.
Berrien County is an intensely water-connected environment, which is one of the reasons why the Berrien County Drain Commissioner’s office logged 767 work orders related to drain issues and complaints in the 2023 Annual Report submitted by current Berrien County Drain Commissioner, Christopher J. Quattrin.
The fact that drain commissioners have the authority to levy taxes and borrow money without a vote of the people or approval from the county commission or state legislature highlights the significance of this office.
As mentioned, the position of drain commissioner is often overlooked until a crisis occurs, such as a flood or drainage issue. Taxpayers need to understand the responsibilities of this office and the impact it has on their daily lives. The fact that Michigan is one of the few states that elect its drain commissioners emphasizes its importance.
This detailed information is provided to help residents learn of their drainage district area, check out the list of the projects that are being addressed, or learn about problem areas that have been completed on everyone’s behalf. Taxpayers must prioritize this often-overlooked but vital office.
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