Michigan Laws 324.30722 – Inspection; report; repairs; penalty; expenditure
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(1) The delegated authority of a county shall cause an inspection to be made of each dam on an inland lake within the county which has a normal level established under this part or under any previous act governing lake levels. The inspection shall be conducted by a licensed professional engineer. The inspection shall take place every third year from the date of completion of a new dam or every third year from the determination of a normal level for an existing dam. An inspection report shall be submitted promptly to the department in the form and manner the department prescribes.
(2) If a report discloses a need for repairs or a change in condition of the dam that relates to the dam’s safety or danger to natural resources, the department shall conduct an inspection to confirm the report. If the report is confirmed and the public safety or natural resources are endangered by the risk of failure of the dam, the department may require the county either to repair or to replace the dam. Plans and specifications for the repairs or replacement shall be prepared by a licensed professional engineer under the direction of the delegated authority. The plans and specifications shall be approved by the department before construction begins. The department shall review and approve or reject the plans and specifications within 30 days after they are received by the department. If the plans and specifications are rejected, the department shall propose changes in the plans and specifications that would result in their approval by the department. If the dam is in imminent danger of failure, the department may order an immediate lowering of the lake level until necessary repair or replacement is complete.
Terms Used In Michigan Laws 324.30722
- County board: means the county board of commissioners, and if more than 1 county is involved, the boards of commissioners of each of those counties. See Michigan Laws 324.30701
- Dam: means an artificial barrier, structure, or facility, and appurtenant works, used to regulate or maintain the level of an inland lake. See Michigan Laws 324.30701
- Delegated authority: means the county drain commissioner or any other person designated by the county board to perform duties required under this part. See Michigan Laws 324.30701
- Department: means the director of the department of natural resources or his or her designee to whom the director delegates a power or duty by written instrument. See Michigan Laws 324.301
- Inland lake: means a natural or artificial lake, pond, impoundment, or a part of 1 of those bodies of water. See Michigan Laws 324.30701
- Normal level: means the level or levels of the water of an inland lake that provide the most benefit to the public; that best protect the public health, safety, and welfare; that best preserve the natural resources of the state; and that best preserve and protect the value of property around the lake. See Michigan Laws 324.30701
- Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.301
(3) A person failing to comply with this section, or falsely representing dam conditions, is guilty of misconduct in office.
(4) If an inspection discloses the necessity for maintenance or repair, the delegated authority, without approval of the county board, may spend not more than $10,000.00 annually for maintenance and repair of each lake level project. An expenditure of more than $10,000.00 annually shall be approved by resolution of the county board.