Agricultural Drainage #70

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.

We support legislation that would revoke the 1982 Michigan Department of Environment, Great Lakes, and Energy (MDEGLE) Rule 8 under Part 31 Rules for Inland Lakes and Streams, designating several drains as mainstream portions of eleven natural water courses. If the rule is not revoked, MDEGLE should be responsible to pay for all maintenance costs of the waterway according to the County Drain standards.

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 the following provisions as found in the Drain Code:

• The authority for administering the Drain Code be maintained within the Department of Agriculture and Rural Development and the office of the drain/water resource commissioner at the local level.
• If existing road ditches are to be moved at the request of the county/County Road Commission, the additional cost should be the responsibility of the county/County Road Commission's project.
• Current exemptions for drain maintenance within state statute are appropriate and should be maintained.

Revisions to the Drain Code that benefit agriculture are necessary to address the following concerns. We support:

• Elimination of the current exemption providing for non-elected drain/water resource commissioners within the current Drain Code.
• The county drain/water resource commissioner being responsible for removing blockage of a natural watercourse if it affects the drainage of a county drain.
• All land in a drainage district being assessed according to benefits derived, including public lands.
• Requiring that special assessment notices include the estimated percentage and dollar amounts apportioned to the recipient’s land, the estimated annual total of all project assessments, and the estimated project assessment duration.
• Keeping records of public drain work in a manner so the public can view them and understand the scope of work completed and the cost associated with the types and dates of maintenance performed on a drain.
• Drain Commissioners providing notice of timing and duration of scheduled drain maintenance projects to affected landowners.
• Requiring performance bonds on work done on intercounty drains where project construction costs exceed $100,000.
• Clarification that no drainage district should be extended or established for the purpose of removing sediment from man-made reservoirs on rivers or drains.
• The drain/water resource commissioner directing the deployment of drain sediments, both organic and inorganic, to adjacent land as required to minimize sediment return to the drain.
• The use of current technology.
• For all new construction, a description of the work to be performed shall be provided to owners of property abutting the drain at least 10 days prior to the start of construction to ensure appropriate planning for the handling of increased storm water due to development. Alternatives to storm water retention ponds should be considered.
• Requiring an individual or entity who breaks or damages a properly functioning tile and properly marked tile outlet to be responsible for returning the tile to operational condition within 30 days.

We oppose:

• Changes to rules developed under the Inland Lakes and Streams Act that result in increased regulatory burdens to farmers, drain/water resource commissioners, and road commissioners.
• Any additional mandatory requirements for engineering or planning on established county drains.
• Having all ditches be two-stage ditches and requiring every drain be engineered or reengineered.
• State funding being used to purchase farmland to construct wetlands for private benefit.
• MDEGLE’s implementation of rules and policies that exceed their federal mandate and are not supported by scientific evidence.
• The implementation of structures that affect the flow in waterways where the design outcome negatively impacts agriculture.

Landowners should take a proactive role and/or be notified and involved in routine drain maintenance and emergency repairs with their drain commissioners.

We encourage drain/water resource commissioners to offer incentives or credits for landowners who properly maintain drains located on their property.

We encourage landowners to voluntarily contribute to the maintenance of county drains through appropriate soil conservation practices working with Natural Resources Conservation Service and county drain/water resource commissions.

We urge MFB to promote to its members the video, “The Importance of Michigan Drain Commissioners,” created by the Michigan Association of County Drain Commissioners.

To assist farmers and our members with gaining a better understanding of the Drain Code of 1956, we direct MFB to create an educational series that is made available to the general public.