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2008 AFBF Policy Book

2008 Policy Book

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#71 AGRICULTURAL DRAINAGE

Michigan farmland is enhanced by an adequate and well-managed drain system. Over half of Michigan's farmland requires drainage to produce food, feed and fiber.

Land use changes are affecting drainage systems. Michigan Farm Bureau highly encourages members to obtain and record a drainage easement for all private drains which cross neighboring properties.

The Michigan Drain Code is the legal vehicle by which landowners may organize to solve mutual drainage problems for their benefit. Urbanization, agriculture and technology have increased the need for water resource management. As they exist today, institutional structures, such as the Michigan Drain Code, Subdivision Control Act, and Wetlands Protection Act, lack the necessary uniformity to provide water management standards that meet today's demands and tomorrow's needs.

Virtually all potential agricultural lands worth the initial investment have been drained. Emphasis has now shifted to maintaining or reconstructing original drainage systems, or improving drains to provide more intensive drainage of existing croplands.

We support elimination of the current exemption providing for non-elected drain commissioners within the current Drain Code.

We support changes to the Drain Code that benefit agriculture, including but not limited to:

  • The county Drain Commissioner be responsible for and manage water exiting county drains, even if it spills into a natural watercourse.
  • All land in a drainage district be assessed according to benefits derived, including public lands.
  • Adequate funding for proper maintenance, not to exceed $5,000 a mile per year.
  • Incentives or credits for landowners who properly maintain drains located on their property.
  • The authority for administering the Drain Code be maintained within the Department of Agriculture and the office of the drain commissioner at the local level.
  • Boards of Determination for inter-county drains be expanded to include landowners from each of the affected counties.
  • If existing road ditches are to be moved at the request of the County Road Commission, the additional cost be the responsibility of the Road Commission's project.

We recommend landowners contribute to the maintenance of county drains through appropriate soil conservation practices.

We oppose changes to rules developed under the Inland Lakes and Streams Act that result in increased regulatory burdens to farmers.

Land use changes resulting in larger drainage projects or construction of flood control structures may result in adverse impacts to farmland. If established county drains create wetlands, floodplains or cause a loss in production or damage to farm operations, the drainage district must be responsible to compensate farmers for these losses. State funding should not be used to purchase productive farmland to construct wetlands for private benefit.

We oppose the Michigan Department of Environmental Quality's implementation of rules and policies that exceed their federal mandate and are not supported by scientific evidence.

We oppose the implementation of structures that affect the flow in waterways where the design outcome negatively impacts agriculture. Appropriate planning for the handling of increased storm water due to development should be an essential part of the permitting process for all new construction. Alternatives to storm water retention ponds should be considered.

The drain commissioner should utilize expertise available at the Conservation District when a drain is being constructed or cleaned to help with incorporating soil conservation structures, identifying soil types and determining bank slopes.

County Farm Bureaus should routinely meet with their county drain commissioner, Conservation District and others who may have an impact on maintaining and improving agricultural drainage.

We support allowing drain commissioners to mail notices to property owners and municipalities of changes in assessments to drainage districts by first-class mail.