Mich. Comp. Laws » Michigan Compiled Laws / Chapter 324 / Act 451 of 1994
Michigan Compiled Laws

Mich. Comp. Laws § 324.4301 (2026)

Waterworks systems, sewers, and disposal plants; acquisition, construction, equipping, operation, and maintenance; acquisition of land; powers of local units of government.

✓ current as of July 2026
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NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT


Act 451 of 1994


324.4301 Waterworks systems, sewers, and disposal plants; acquisition, construction, equipping, operation, and maintenance; acquisition of land; powers of local units of government.

Sec. 4301.

    A local unit of government in this state, either individually or jointly by agreement with another local unit of government, may own, acquire, construct, equip, operate, and maintain, either within or outside of the statutory or corporate limits of the local unit or units of government, intercepting sewers, other sanitary and storm sewers, pumping stations, and a plant or plants for the treatment, processing, purification, and disposal in a sanitary manner approved by the department, of the liquid and solid wastes, refuse, sewage and night soil, storm water, and garbage of the local unit or units of government. A local unit of government, either individually or jointly by agreement with another local unit of government, may own, acquire, construct, equip, operate, and maintain either within or outside of the statutory or corporate limits of the local unit or units of government waterworks systems approved by the department of public health, including such facilities as water mains, treatment works, source facilities, pumping stations, reservoirs, storage tanks, and other appurtenances for the purpose of obtaining, treating, and delivering pure and wholesome water in adequate quantity to the local unit or units of government. They may acquire by gift, grant, purchase, or condemnation necessary lands either within or outside of the statutory or corporate limits of the local unit or units of government. However, a township shall not condemn land outside its corporate limits. For the purpose of acquiring property for the uses described in this part, the local unit of government has all the rights, powers, and privileges granted to public corporations under Act No. 149 of the Public Acts of 1911, being sections 213.21 to 213.25 of the Michigan Compiled Laws. These powers are in addition to any powers granted to the local unit of government by statute or charter.

History: 1994, Act 451, Eff. Mar. 30, 1995

Compiler's Notes:

    For transfer of authority, powers, duties, functions, and responsibilities of the Surface Water Quality Division to the Director of the Michigan Department of Environmental Quality, see E.R.O. No. 1995-16, compiled at MCL 324.99901 of the Michigan Compiled Laws.

PopularName Notes:

Act 451

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NREPA
Notes of Decisions
Cited in 5 cases, 1998–2012 · leading case: Dextrom v. Wexford Cnty., 789 N.W.2d 211 (Mich. Ct. App. 2010).
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Dextrom v. Wexford Cnty., 789 N.W.2d 211 (Mich. Ct. App. 2010). “261 and MCL 324.4301. Id. at 620 . Id. Richardson v Jackson Co, 432 Mich 377, 381 ; 443 NW2d 105 (1989) (emphasis in original).”
Dep't of Env't Quality v. Worth Twp., 814 N.W.2d 646 (Mich. 2012). · cites it 4× “40 The Court of Appeals majority erred by concluding otherwise. 35 See former MCL 323.”
Lake Isabella Dev., Inc v. Vill. of Lake Isabella, 675 N.W.2d 40 (Mich. Ct. App. 2004). · cites it 2× “4302(1) is part of the whole of MCL 324.4301 et seq., which refers to the control of waterworks systems and sewers by a "local unit of government," not by a private entity.”
Coleman v. Kootsillas, 575 N.W.2d 527 (Mich. 1998). “4 The city council of a city, whether organized under the general law or special charter, or the president and board of trustees of a village may establish and maintain garbage systems or plants for the collection and disposal of garbage in the city or village, and may levy a…”
Dep't of Env't Quality v. Worth Twp., 808 N.W.2d 260 (Mich. Ct. App. 2010). “12753(1); see also MCL 324.4301 et seq. These historical obligations entrusted to a township to oversee the proper disposal of sewage within its boundaries are further reflected by MCL 323.”
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