THE DRAIN CODE OF 1956
Act 40 of 1956
280.3 Drain; definition.
Sec. 3.
The word "drain", whenever used in this act, shall include the main stream or trunk and all tributaries or branches of any creek or river, any watercourse or ditch, either open or closed, any covered drain, any sanitary or any combined sanitary and storm sewer or storm sewer or conduit composed of tile, brick, concrete, or other material, any structures or mechanical devices, that will properly purify the flow of such drains, any pumping equipment necessary to assist or relieve the flow of such drains and any levee, dike, barrier, or a combination of any or all of same constructed, or proposed to be constructed, for the purpose of drainage or for the purification of the flow of such drains, but shall not include any dam and flowage rights used in connection therewith which is used for the generation of power by a public utility subject to regulation by the public service commission.
History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1958, Act 87, Imd. Eff. Apr. 11, 1958 ;-- Am. 1969, Act 90, Imd. Eff. July 24, 1969
PopularName Notes:
Act 40
Notes of Decisions
Wiggins v. City of Burton, 805 N.W.2d 517 (Mich. Ct. App. 2011).
“In reply, and without any supporting authority, the City argued that the storm-detention easement encumbering the Wiggins parcel fell within the definition of “drain” contained in § 3 of the Drain Code, MCL 280.3. The City also contended that the storm-sewer plan for Maplewood…”
Carthan v. Snyder Case No. 16-CV-10444 (In re Flint Water Cases), 329 F. Supp. 3d 369 (E.D. Mich. 2018).
“§ 280.3. If a drain commissioner performs functions beyond acting as a drain commissioner, "including, but not limited to, operating sewers, lake level and soil erosion enforcement, and facilitating compliance with federal clean water act mandates," a county may change the name…”
Eyde Bros. Dev. Co. v. Eaton Cnty. Drain Comm'r, 398 N.W.2d 297 (Mich. 1986).
· cites it 2× “or mechanical devices, that will properly purify the flow of such drains, any pumping equipment necessary to assist or relieve the flow of such drains, and any levee, dike, barrier, or a combination of any or all of same constructed, or proposed to be constructed, for the…”
Battjes Builders v. Kent Cnty. Drain Comm'r, 167 N.W.2d 123 (Mich. Ct. App. 1969).
· cites it 2× “Section 3 of the act (MCLA § 280.3 [Stat Ann 1968 Eev § 11-.1003]) states that: “The word ‘drain’ whenever used in this act, shall include any creeh or river, any watercourse or ditch, either opened or closed, any covered drain, any sanitary or combined sanitary and storm sewer…”
Jeruzal v. Wayne Cnty. Drain Comm'r, 87 N.W.2d 122 (Mich. 1957).
“” Section 3 of the act (CLS 1956, § 280.3 [Stat Ann 1957 Cum Sum) § 11.1003]) defines “drain” as follows: *531 “The word ‘drain’, whenever used in this act, shall include any watercourse or ditch either open or closed, any covered drain, any sewer or conduit composed of tile,…”
Jackson Cnty. Drain Comm'r v. Vill. of Stockbridge, 717 N.W.2d 391 (Mich. Ct. App. 2006).
“3 as follows: The word “drain”, whenever used in this act, shall include the main stream or trunk and all tributaries or branches of any creek or river, any watercourse or ditch, either open or closed, any covered drain, any sanitary or any combined sanitary and storm sewer or…”
Washtenaw Cnty. v. Saline River Intercounty Drainage Bd., 264 N.W.2d 53 (Mich. Ct. App. 1978).
· cites it 2× “Plaintiffs argue that the terms "banks and floodplains” used in the petition are not within the definition of "drain” recited in MCLA 280.3; MSA 11.1003. This in conjunction with the petition’s description of the improvements to be made to the river indicates that the petition…”
Eyde Bros. Dev. Co. v. Eaton Cnty. Drain Comm'r, 377 N.W.2d 857 (Mich. Ct. App. 1985).
“The Drain Code defines "drain” as including sanitary and storm sewers, MCL 280.3; MSA 11.1003, and provides that: "Drains may be laid within or across the right of way of any highway, provided it shall be necessary for the county drain commissioner to obtain first a permit from…”
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