433 Agreement

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433 Agreement

According to the Michigan Drain Code, MCL 200.433, the Owner and/or Developer of lands can enter into an agreement with the Drain Commissioner to make the proposed drainage system an established drain and drainage district within a development through a 433 Agreement.

The 433 Agreement shall obligate the Owner and Developer to construct any drainage facilities in accordance with the Drain Commissioner’s "Drainage Rules & Regulations For Developments Within The County".

The Owner shall pay all costs of the drainage facilities including obtaining rights-of-way in and off the Owner’s land. All engineering, inspection, administration and legal expenses incurred by the Drain Commissioner will also be paid by the Owner. A deposit will be required to be deposited into a maintenance fund for future maintenance of the drainage facilities as provided in MCL 280.433. The deposit requirements will be set in the preliminary approval letter (no less than $500.00 or no more than $2,500.00). The deposit will not be returned and will stay in an account until needed for maintenance by the drainage district.

Certification from a registered professional engineer will be required stating the following:

1. The lands to be developed naturally drain into the area served by the existing drain(s) and that the existing drain(s) are the only reasonably available outlet for the drainage from the lands to be developed.

2. To his/her knowledge, there is existing capacity in the existing drain to serve the lands to be developed without detriment or diminution of the drainage service provided or to be provided in the foreseeable future to the area in the existing district. This statement is made with reliance upon consultation with the Office of the Calhoun County Drain Commissioner and; upon review and approval of the construction plans by that office.

Approximately one (1) year after signing the 433 Agreement the Drain Commissioner will inspect the drainage facilities. If the drainage facilities are not working properly and are not operating as they were designed the Owner/Developer will be notified in writing and be required to fix the problem within thirty (30) days. If everything is working as it should the Drain Commissioner will send a Letter of Acceptance (Registered Mail) to the Owner/Developer. This letter will state his acceptance of the land and/or development as a county drainage district taking full responsibility for the maintenance of the facility on behalf of the land and/or lot owners of the developed land.

Owners/Developers are strongly encouraged to sign a 433 Agreement before selling any lots because the new owners of any sold lands may be required to sign the 433 Agreement or an agreement acknowledging that they are in a drainage district being liable for an future assessment.

The Owner/Developer shall make repairs at their cost. Failure to make necessary repairs within thirty (30) days of written notice will result in the Drain Commissioner taking the appropriate action.



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