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 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 the Michigan constitution of 1963. The adjacent property owner shall not be required to obtain a permit for work incidental to the maintenance of the 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 the hearing, reasonable permit requirements and 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 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 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 annual and emergency permits which 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 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 to a condition reasonably equal to or better than that existing prior to such installation nor may a county road commission charge a government entity a permit fee exceeding $300.00 per permit or $1,000.00 total for all permits per project.
History: Add. 1980, Act 212, Eff. Mar. 31, 1981
Popular Name: County Road Law
Last modified: October 10, 2016