October 23, 2013, Introduced by Reps. Schmidt and Nesbitt and referred to the Committee on Energy and Technology.
A bill to amend 1909 PA 283, entitled
"An act to revise, consolidate, and add to the laws relating to the
establishment, opening, discontinuing, vacating, closing, altering,
improvement, maintenance, and use of the public highways and
private roads; the condemnation of property and gravel therefor;
the building, repairing and preservation of bridges; maintaining
public access to waterways under certain conditions; setting and
protecting shade trees, drainage, and cutting weeds and brush
within this state; providing for the election or appointment and
defining the powers, duties, and compensation of state, county,
township, and district highway officials; and to prescribe
penalties and provide remedies,"
by amending section 19b of chapter IV (MCL 224.19b), as added by
1980 PA 212.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER IV
Sec. 19b. (1) A person, partnership, association, corporation,
or governmental entity shall not construct, operate, maintain, or
remove
a facility or perform any other work within the right of way
right-of-way of a county road, except sidewalk installation and
repair, without first obtaining a permit from the county road
commission having jurisdiction over the road and from the township,
city, or village in which the county road is located when a permit
is required by ordinance of the township, city, or village,
pursuant
to authority conferred by article VII, section 29 of
article
VII of the Michigan state constitution
of 1963. The
adjacent
property owner shall is not be required to obtain a permit
for
work incidental to the maintenance of the right of way right-
of-way lying outside of the shoulder and roadway.
(2) A county road commission and a local unit of government
may adopt, after a public hearing of which notice has been given by
publication at least twice in a newspaper circulated in the county
not
more than 30 days nor less than 7 days prior to before the
hearing, reasonable permit requirements and, subject to subsection
(5), a schedule of fees to be charged sufficient to cover only the
necessary
and actual costs applied in a reasonable manner for the
issuance
of issuing the permit and for review of the proposed
activity, inspection, and related expenses. After the work
authorized in the permit has been completed, itemization of all
costs shall be supplied upon request of the permit holder.
(3)
When a road commission adopts procedures for the issuance
of
issuing permits or adopts a schedule of fees in accordance
with
the
provisions of this section,
separate procedures and fee
schedules
shall be adopted for the issuance of issuing annual and
emergency
permits which that reflect the minimal administrative
burden of issuing an annual permit for frequent but routine and
unobtrusive work such as surveying and the extraordinary emergency
repairs to municipal or public utilities.
(4) A county road commission may not refuse a permit requested
by a government entity for the installation of a facility or
utility owned by that government entity if security is given by the
permittee or its contractor to the county road commission
sufficient to insure restoration of the road and appurtenances
thereto
and adjacent right of way right-of-way
to a condition
reasonably
equal to or better than that existing prior to before
such
installation. nor may a
(5)
A county road commission shall not charge a government any
entity a permit fee exceeding $300.00 per permit or $1,000.00 total
for all permits per project.