All permits and applications pertaining to the information on this page can be found on the Forms and Documents section on the Cass County homepage.
County Drain Right-of-Way
Anyone working within the legal right-of-way of an established county drain under the Water Resources Commissioner’s jurisdiction needs a permit. The purpose of the permit process is to protect the drainage districts from activities that could be a detriment to the drain and add cost to that district in the future. This permit is under the authority of the Drain Code, Act 40 of 1956 of Michigan and the Cass County Board of Commissioners by resolution.
1. Anyone planning to work within the county drain right-of-way must request an Application for a Permit by notifying the Cass County Water Resources Commissioner either by telephone or letter. The information required by the Water Resources Commissioner at this time to start the permit process is:
a. Township(s) working within
b. Section(s) number within that township(s)
c. Name of county drain involved, if known
d. What kind of activity you will be doing
e. Name and address of where permit forms are to be mailed.
f. Telephone number of requester
2. The Water Resources Commissioner will send the appropriate application form to the requesting party within five (5) working days.
3. Upon receiving the application form, the requester will fill out the forms entirely, stating the location of activity, kind of work to be done, and when the work will be done (date). The requester will then sign form and mail back to the Cass County Water Resources Commissioner with the application fee. Any work being done in a Cass County Drain right-of-way must be done by a contractor with proper qualifications as stated in the "Cass County Water Resources Commissioner’s General Specifications For Contractors".
4. When requester has sent all application and permit fees, the application will be reviewed. If the activity will not adversely affect the drain a permit will be issued and set to the requester. Work can then commence.
5. If the Water Resources Commissioner rejects the application, a rejection statement will be sent to the requester stating the reason for rejection.
6. In case of an emergency, the Water Resources Commissioner shall be notified by telephone. If approved he will then give authorization for work within the drain right-of-way. The application process and permit will be issued at a later date. That date to be determined by each individual circumstance, but shall be within thirty (30) days.
7. Failure to acquire a permit and execute the permit as required in these rules will result in a fine of double fees charged to violator. Also the cost of repair, removal, replacement, and inspection, along with all legal fees required to enforce the permit requirements will be charged to violator.
8. In case of multiple crossings the fee may be adjusted as deemed appropriate by the Water Resources Commissioner.
9. The permit fee covers one (1) or two (2) inspections by the Water Resources Commissioner and/or his inspector. If the Water Resources Commissioner retains a consulting engineer, the requester will pay the cost of his services within thirty (30) days of receipt of invoice. A permit will not be issued until all costs are paid.
10. Crossing permits issued by the Water Resources Commissioner do not release the requester from acquiring other permits required by other municipalities.
To Cross or Parallel a County Drain
In consideration of the granting of this permit, Permittee does hereby agree to comply with all terms and conditions as set forth in this permit, together with the rules and regulations as established by Cass County Water Resources Commissioner, a copy of which rules and regulations are as follows:
1. All utilities and/or facilities must be minimum of four (4) feet below the established drain bottom when crossing or paralleling a county drain or right-of-way.
2. Any structures removed such as headwalls, wing walls, concrete slabs, rip rap, erosion protection, tiling and culverts-metal or concrete, must be replaced with new material and reconstructed to original condition or better.
3. All ditch banks, when disturbed, must be reshaped to original slope, compacted, top soiled and seeded, fertilized and mulched or hydro seeded.
4. A minimum of seventy-two (72) hours notice is required to the inspection department prior to any construction that will involve a county drain.
5. Equipment and materials may not be stored in any way so as to cause blockage of a county drain.
6. Permittee is responsible for maintaining all storm drainage during the time of construction, whether by use of pumping equipment or construction of a bypass system.
7. Permit fee will be One-Hundred Dollars ($100.00) per occurrence, payable by check to the Cass County Water Resources Commissioner. Prior to issuance of a permit proof of Contractor’s Liability Insurance must be filed with the Office of the Water Resources Commissioner, with the named insured, in compliance with the Cass County Water Resources Commissioner’s standards. Also indemnity insurance, in the amount of $1,000,000.00 may be required.
8. This Permit does not relieve applicant from meeting any application requirement of law or of other public bodies or agencies. Additionally, the issuance of this permit does not relieve the utility of any future expense for relocation of said utility to ccommodate for future drain improvements.
9. Permittee shall be responsible for and pay all costs for engineering and inspection services incurred by the Cass County Water Resources Commissioner in the review of the Permit Application and inspection of the work performed hereunder. Payment to be made within thirty (30) days of invoice.
10. Other: ________________________________ further agrees, either to pay any increased cost to the Drainage District due to this utility occupying said drain, said cost to be determined as a separate bid item during construction or reconstruction, or if determined necessary by the Cass County Water Resources Commissioner, the utility company occupying said drain right-of-way, shall relocate or lower if the location of the utility shall increase the cost of performing drain improvements or drain maintenance.
All expenses pertaining to said relocation shall be paid for by the owner of the utility company. The Water Resources Commissioner shall complete relocation within 90 days from receipt of written request from the owner.
The Water Resources Commissioner if determined necessary may grant additional time.
Tiling An Established County Drain
1. Commencement of work set forth in the permit application constitutes acceptance of the permit as issued.
2. Failure to object within ten (10) days to the permit as issued constitutes acceptance of the permit as issued.
3. I will be responsible for and pay all costs for engineering and inspection services incurred by the Cass County Water Resources Commissioner in excess of the standard fee if needed.
4. I hereby agree to comply with all terms and conditions as set forth in the permit, together with the following rules and regulations as established by the Cassn County Water Resources Commissioner:
A. All culverts must be proper size and material set at the established drain bottom. New or approved material to be used only. The Water Resources Commissioner shall set the size of the culvert, tile or pipe to be used.
B. Any structures removed such as headwalls, wing walls, concrete slabs, rip rap, erosion protection, tiling and culverts- metal or concrete, must be replaced with new material and reconstructed to original condition or better.
C. All ditch banks, when disturbed, must be reshaped to a minimum of 2:1 slope, compacted, top soiled and seeded, fertilized and hydro seeded.
D. Five (5) days notice is required to the inspection department prior to any construction that will involve a county drain.
E. Equipment and materials may not be stored in any way so as to cause blockage of a county drain.
F. Permittee is responsible for maintaining all storm drainage during the time of construction, whether by use of pumping equipment or construction of a bypass system approved by the Water Resources Commissioner.
5. Permit fee will be Fifty Dollars ($50.00), payable by check to the Cass County Water Resources Commission. Engineer cost, if required, will be paid to Cass County Water Resources Commission within thirty (30) days of receipt of invoice.
6. If the Water Resources Commissioner deems it appropriate, prior to issuance of a permit, proof of Contractor’s Liability Insurance should be filed with the Office of the Water Resources Commissioner, with the named insured, in compliance with the Cass County Water Resources Commissioner’s standards.
7. This permit does not relieve applicant from meeting any application requirement of law or of other public bodies or agencies, i.e. local, state or federal.
8. Permittee shall hold harmless the Drainage District, the Cass County Water Resources Commissioner, or Drainage Board, County of Cass, and the State of Michigan for any liability connected with installation of said tile.
9. Any failure of the work performed under this permit that causes an obstruction shall be subject to the provisions set forth under Section 280.421 of the Michigan Drain Code, Act 40 of 1956, as amended.
Connecting To A County Drain
1. Commencement of work set forth in the permit application constitutes acceptance of the permit issued.
2. Failure to object within ten (10) days to the permit as issued constitutes acceptance of the permit as issued.
3. If this permit is accepted by either of the above methods, I will comply with the provisions of the permit.
4. I will be responsible for and pay all costs incurred by the Cass County Water Resources Commissioner and the Drainage District for engineering service in reviewing this Permit Application and for all costs of inspection of the work performed there under.
5. I hereby agree to comply with all terms and conditions as set forth in the permit, together with the following rules and regulations as established by the Cass County Water Resources Commissioner for connecting to a County Drain.
6. All connections to established county drains shall be done in a professional manner acceptable to the Cass County Water Resources Commissioner. When connection is made to an enclosed storm sewer, the connection hole must be cored or cut with a concrete saw to the appropriate diameter. (Any method such as jackhammer, sledgehammer, or breaking through the wall is unacceptable). All connections must be properly sealed to prevent leakage and/or infiltration into the system.
7. It is desired that all connections be tapped into a manhole or catch basin. If this is not possible and connection must be made in the main line sewer a detailed description of the connection must be submitted to the Water Resources Commissioner for approval.
8. Open drain connections must be restored and protected against erosion and bank failure by use of seed, hydro seed, sod, rip-rap, stone, concrete spillways, etc. as determined appropriate for the situation and approved by the Cass County Water Resources Commissioner.
9. Any structures removed such as headwalls, wing walls, concrete slabs, rip-rap, erosion protection, tiling and culverts - metal or concrete, must be replaced with new material and reconstructed to original condition or better.
10. All ditch banks, when disturbed, must be reshaped to a minimum of 2:1 slope, compacted, top soiled and seeded, fertilized and mulched or hydro seeded, as determined suitable for the situation.
11. Five (5) days notice is required to the inspection department prior to any construction that will involve a county drain. Connection should not be backfilled until inspected and approved.
12. Equipment and materials may not be stored in any way so as to cause blockage of a county drain.
13. Permittee is responsible for maintaining all storm drainage during the time of construction, whether by use of pumping equipment or construction of a bypass system.
14. Permit fee will be One-Hundred Dollars ($100.00), payable by check to the Water Resources Commissioner. Prior to issuance of a permit, proof of Contractor’s Liability Insurance must be filed with the Office of the Water Resources Commissioner, with the named insured, in compliance with the Cass County Water Resources Commissioner’s standards. Also indemnity insurance in the amount of $1,000,000.00 may be required.
15. This permit does not relieve applicant from meeting any application requirement of law or of other public bodies or agencies, local, state or federal.
16. Permittee shall be responsible for and pay all costs for engineering and inspection services incurred by the Cass County Water Resources Commissioner in the review of the Permit Application and inspection of work performed hereunder. Payment to be made within thirty (30) days of invoice.
17. Permittee is allowed to discharge clean unpolluted storm water only. Any product or material entering the established county drain through the authorized connection that is deemed unacceptable and considered pollution is the sole responsibility of the Permittee in regard to liability and expense for cleanup, fines, or penalties under local, state and federal law.
Activities Not Requiring A Permit
1. Cutting of trees and brush and the removal of dead trees and brush from the drain. Proper notification to the Water Resources Commissioner is required.
2. Anyone working under contract with the Water Resources Commissioner.