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Lake Projects FAQ
Q: Why does a special assessment district need to be established?
NREPA PART 307
A district is established to pay for maintenance, improvements, and inspections required to maintain a lake’s legal level. Previously, the County General Fund often covered these costs; however, establishing a district ensures all lakes in St. Joseph County receive equal treatment and that costs are shared by those who benefit.
Q: How much will this cost me?
Specific costs per property are not known initially. After a judge establishes the district boundaries, the Drain Commissioner prepares a computation of cost and holds a public meeting where property owners can review their specific apportionment.
Q: Who requires the Drain Commissioner to perform dam inspections?
NREPA PART 315
State law (Part 307 and Part 315) requires dam inspections every three years. These reports must be submitted to the Michigan Department of Environmental Quality (DEQ) Dam Safety Program.
Q: What is the difference between a weed control and a lake level special assessment?
- Weed Control (Part 309): Handled by the Township Assessor or a Lake Improvement Board.
- Lake Level (Part 307): Handled by the Drain Commissioner for costs relating to the maintenance of the level and the control structure (dams).
Q: What happens after the judge establishes the district boundaries?
1. Cost Computation: Includes surveys, legal fees, court costs, and maintenance.
2. Public Notices: Owners are noticed of a public meeting to review their assessment.
3. Approval: The County Board of Commissioners must approve the final cost and assessment roll by resolution.
4. Finalization: The roll is conclusive 15 days after Board approval unless appealed.
Assessments are collected on the county tax roll in the same manner as regular property taxes.
Q: How many years will the special assessment be spread?
Typically one or two years for existing structures. If a new water control structure must be built, the assessment can be spread over a period of up to 10 years.