Michigan Compiled Laws

Mich. Comp. Laws § 280.461 (2026)

Definitions.

✓ current as of July 2026

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THE DRAIN CODE OF 1956

Act 40 of 1956

280.461 Definitions.

Sec. 461.

Whenever used in this chapter, except when otherwise indicated by the context:

(a) "State" means this state.

(b) "Public corporation" includes this state, counties, cities, villages, townships, metropolitan districts and authorities created by or pursuant to state statutes.

(c) "Agencies" includes those officers, boards, commissions and other bodies created by public corporations or by the federal government, which are authorized to act in their own names.

(d) "County drain" means any drain, irrespective of size, carrying drainage water or sewage or both originating in 1 county, and includes drains located, established and constructed by a county drain commissioner or drainage board, by a city, village or township. The finding of the drainage board that all drain water and sewage does originate in 1 county shall be final. In making such determination, the drainage board may disregard any drainage from another county which it deems to be inconsequential.

History: 1956, Act 40, Imd. Eff. Mar. 28, 1956 ;-- Am. 1971, Act 60, Imd. Eff. July 20, 1971

PopularName Notes:

Act 40

Notes of Decisions

Cited in 10 cases, 1959–2019 · leading case: State of Mich. v. City of Allen Park, 501 F. Supp. 1007 (E.D. Mich. 1980).

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State of Mich. v. City of Allen Park, 501 F. Supp. 1007 (E.D. Mich. 1980). · cites it 2× “§ 280.461 et seq. (M.S.A. § 11.1461 e£ seq.”

In Re Petition of MacOmb Cty. Drain Com'r, 120 N.W.2d 789 (Mich. 1963). · cites it 3× “The procedural nature of chapter 20 of the drain code of 1956 (CLS 1956, § 280.461 et seq. [Stat Ann 1960 Rev § 11.”

Barak v. Oakland Cnty. Drain Comm'r, 633 N.W.2d 489 (Mich. Ct. App. 2001). “2 MCL 280.461 et seq. 3 The record does not clearly delineate the extent of each phase.”

Twp. of Southfield v. Drainage Bd. for Twelve Towns Relief Dr., 97 N.W.2d 821 (Mich. 1959). “These cases involve the interpretation and application of chapter 20, PA 1956, No 40, or the drain code, commencing with CLS 1956, § 280.461 (Stat Ann 1957 Cum Supp § 11.1461).”

Attorney Gen. ex rel. State High. Comm'n v. Zantman Intracounty Drainage Bd., 169 N.W.2d 132 (Mich. Ct. App. 1969). · cites it 2× “Pursuant to MCLA § 280.461 et seq. (Stat Ann 1968 Rev § 11.”

Tack v. City of Roseville, 239 N.W.2d 752 (Mich. Ct. App. 1976). “2 Traffic counts introduced in evidence by the Director of Safety for the Macomb County Road Commission showed the following before and after volumes of traffic per 24 hours: Before Improvement After Improvement 1965 14,000 1973 28,000 1967 18,000 April 1974 26,344 1970 26,000 3…”

City of Sterling Heights v. MacOmb Interceptor Drain Drainage Dist (Mich. Ct. App. 2019). · cites it 5× “FACTS The Macomb Interceptor Drain Drainage District (MIDD) was created on June 15, 2010, pursuant to Chapter 20 of the Michigan Drain Code, MCL 280.461 to 280.499, for the purpose of operating and maintaining a sewer interceptor (the Macomb Interceptor) that it intended to and…”

People ex rel. State High. Comm'r v. Macomb Cnty. Drain Comm'r, 369 Mich. 641 (Mich. 1963). · cites it 2× “The procedural nature of chapter 20 of the drain code of 1956 (CLS 1956, § 280.461 et seq. [Stat Ann 1960 Rev § 11.”

Kickham Hanley Pllc v. Oakland Cnty. Michigan (Mich. Ct. App. 2019). “The Drainage Board’s resolution and its Final Order of Apportionment expressed independent determinations made by the Drainage Board, as statutorily required under Chapter -4- 20 of Michigan’s drain code of 1956, MCL 280.461 et seq. which governs intracounty drains.”

Mole Constr. Co. v. Drainage Bd. for the Twelve Towns Relief Drains, 118 N.W.2d 833 (Mich. 1962). “Were section 221 applicable to the defendant drainage board, we would be required to examine and discuss plaintiffs’ claims in detail.”

— Mich. Comp. Laws § 280.461(d) — 1 case

City of Sterling Heights v. MacOmb Interceptor Drain Drainage Dist (Mich. Ct. App. 2019). “FACTS The Macomb Interceptor Drain Drainage District (MIDD) was created on June 15, 2010, pursuant to Chapter 20 of the Michigan Drain Code, MCL 280.461 to 280.499, for the purpose of operating and maintaining a sewer interceptor (the Macomb Interceptor) that it intended to and…”

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