Michigan House Bill HB5189

Michigan 2023-2024 Regular Session

• Introduced: 12/11/24
• Refer: 10/24/23
• Report Pass: 6/12/24
• Engrossed: 6/20/24
• Refer: 6/25/24
• Report Pass: 11/13/24
• Refer: 11/13/24
• Report Pass: 12/10/24

Caption

Drains: districts; drainage district boundaries; revise under certain circumstances. Amends secs. 135 & 197 of 1956 PA 40 (MCL 280.135 & 280.197).

Impact

If enacted, HB 5189 will directly impact existing procedures governing how drainage district boundaries are defined and altered. It provides mechanisms for property owners and local municipalities to petition for changes based on necessity and equity, allowing for greater stakeholder involvement in decisions that affect their lands. This could lead to improved environmental management and responsiveness to local needs regarding water drainage, potentially influencing zoning and land use policies tied to drainage infrastructure.

Summary

House Bill 5189 seeks to amend the Drain Code of 1956 in Michigan, specifically sections 135 and 197. This bill allows for the revision of drainage district boundaries, enabling the addition or removal of counties and lands from existing drainage districts. The objective is to ensure that the boundaries accurately reflect the land benefitting from drainage improvements, which is deemed necessary for effective water management in the state. The legislative intent is to provide a more equitable assessment of drainage-related costs among affected landowners and to enhance the public's ability to engage in processes related to drainage issues.

Sentiment

The sentiment towards HB 5189 appears to be cautiously optimistic among proponents from environmental and municipal governance circles, who see it as a necessary update to improve water management systems across counties. However, concerns remain among some stakeholders about potential bureaucratic delays in petitions and the complexities involved in reviewing and approving new drainage district boundaries. The bill's impact on local resources and the distribution of costs associated with drainage improvements will be closely scrutinized as it progresses through the legislative process.

Contention

Notable points of contention surrounding HB 5189 include the procedural requirements for amending drainage boundaries, such as the need for substantial evidence to support petitions and the potential for disagreement among stakeholders regarding what constitutes just and equitable redefinitions. Furthermore, ensuring adequate notification to affected landowners and transparency during reviews is crucial, as failure to do so might lead to challenges in the implementation of the revised boundaries. This highlights the balance between local governance and the need for efficient management of drainage resources.