LANSING, Mich., March 5, 2026 — This week, a bipartisan group of legislators introduced a comprehensive bill package addressing the Michigan drain code. After hearing issues from their respective constituents across the state, these lawmakers united to address concerns with the drain code. 

“Communities across the state have been struggling for years with issues arising from the vast and unchecked power afforded to drain commissioners in state law,” said state Rep. Will Snyder (D-Muskegon). “We need some common-sense bipartisan solutions to make this process work for our communities. These bills will help to address those issues.”

“We must prioritize updating the drain code in order to reduce confusion around what it means to call and petition the drain commissioner; updates would also ensure the process of financing and updating drainage systems is more transparent and fairer to residents,” added state Rep. Angela Witwer (Delta Twp.).

“Michigan’s drain code hasn’t seen serious reform in decades, leaving drain commissioners with near unlimited authority to assess, dig and bill,” said state Rep. Tom Kunse (R-Clare). 

The package seeks to address many aspects of the drain code and works to level the playing field for all parties. The changes made by this package of bills include items such as:

  • Requiring that a cost estimate of the project be sent to the appropriate county road commissioner for review and recommendation on the reasonableness of the proposed cost.
  • Extending the timeline to appeal drain projects from 10 to 60 days.
  • Extending the timeline to appeal the apportionment and assessment costs of a drain project from 10 to 60 days.
  • Requiring a drain commissioner to provide all landowners in a drainage district with a preliminary cost estimate of a drain project.
  • Providing for performance audits of the operations of the drain commissioner’s office every 2 years, or sooner, at the request of local municipalities.
  • Modifying requirements for notices of drain projects to include a map & list of impacted addresses in the drain district.

“A drain assessment has the potential to price someone out of their home and once a project is off the ground, there’s no way to reel it back in,” said state Rep. Luke Meerman (R-Coopersville). “Modernizing the drain code to give greater time for cost consideration and project necessity is what’s needed today to ensure homeowners have ample opportunity to understand a project and the ramifications it will have on their property.”

“The drain commissioner is more powerful than the governor. New legislation will put actual checks and balances on the only elected official who can dig into your wallet without asking permission,” Kunse added. “New legislation must rein them in. Stronger oversight, higher petition thresholds and real taxpayer protections before another homeowner gets hit with a $50k surprise.”

“Families and homeowners in Eaton County have already experienced the financially devastating impacts of receiving assessments for the reconstruction work on the Bank Intercounty Drain and all the other many drains in our district,” Witwer said. “I’ve had numerous calls and conversations with community members asking for help and clarification, and I am serious about ensuring these updates cross the finish line to bring that transparency to them.”

“We are committed to this being more than ideas and talk,” Snyder said. “It is time to act and propose realistic and substantive changes. Let’s make this a process that works once again.”

More bills are expected to be introduced in the coming weeks, touching on further updates and changes to the drain code.  

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