The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 5311 June 8, 1978 SUBDIVISION CONTROL ACT: Approval of road frontage plat by county drain commissioner COUNTY DRAIN COMMISSIONERS: Approval of road frontage plat HIGHWAYS & ROADS: Approval of road frontage plat by county drain commissioner A proposed plat consisting solely of lots fronting on a county road must be submitted to and approved by the county drain commissioner. A proposed plat must be rejected by the county drain commissioner if the surface water drainage provided by county road ditches is inadequate to handle the increased surface water drainage resulting from the proposed improvements. Honorable Bobby D. Crim State Representative The Capitol Lansing, Michigan By letter you ask my opinion on several questions concerning administration of the Subdivision Control Act, 1967 PA 288, MCLA 560.101 et seq, MSA 26.430(101) et seq. Your first three questions are: 'Is a County Drain Commissioner required, by Act 288 of Public Acts of 1967, as amended, known as the Subdivision Control Act of 1967, to do the following: '1. Review preliminary plats, which are commonly referred to as road frontage plats, that are comprised of lots that all have frontage on existing county approved roads? '2. Review preliminary plats, which are commonly referred to as road frontage plats, for the purpose of determining if subdivision storm drainage is required? '3. Sign final plats, which are commonly referred to as road frontage plats, when said plat has no internal subdivision storm drainage provided for and/or constructed.' Section 114 of 1967 PA 288, MCLA 560.114, MSA 26.430(114) provides: '(1) The proprietor shall submit 3 copies of the preliminary plat to the county drain commissioner, if there is a county drain commissioner. '(2) The county drain commissioner or governing body, if there is no drain commissioner, may require a topographic map showing direction of storm water drainage both within the lands proposed to be subdivided. '(3) The county drain commissioner or governing body, within 30 days of receipt of the preliminary plat, shall approve it and note its approval on the copy to be returned to the proprietor, or reject it. If rejected, the reasons for rejection and requirements for approval shall be given the proprietor in writing.' It is clear, therefore, that, irrespective of whether the proposed plat would be comprised solely of lots fronting on existing county roads, the preliminary plat must be submitted to the drain commissioner for his review. Every preliminary plat must be submitted to the county drain commissioner (if the lands to be subdivided are situated in a county having a county drain commissioner). As a part of that submission, the commissioner may require a topographic map showing direction of storm water drainage within the lands to be subdivided and from the land as divided. Section 142 of 1967 PA 288; MCLA 560.142, MSA 26.430(142) provides in relevant part: 'To entitle a final plat to be recorded, the following certificates, in the form prescribed by the state treasurer, lettered or printed legibly with black, durable ink or typed legibly with black ribbon shall appear on it and the certificates shall contain the statements and information and shall be signed and dated as prescribed in sections 141 to 150: (e) A certificate of approval of the county drain commissioner, if there is a county drain commissioner.' Sections 162-163 of 1967 PA 288; MCLA 560.162, 560.163, MSA 26.430(162), 26.430(163) provide: 'Sec. 162. The proprietor shall submit 5 true copies of the final plat to the drain commissioner, if his approval was required on the preliminary plat, or 6 true copies if the proprietor requests an additional copy to be returned to him. 'Sec. 163. Within 10 days, the drain commissioner shall: '(a) Certify his approval on all copies of the plat and return it to the proprietor; or '(b) Reject the plat, give his reasons in writing, and return it to the proprietor. '(c) Send a copy of the letter of rejection to the clerk of the governing body.' Regardless, therefore, of whether the proposed plat would consist solely of lots fronting on existing county roads, the final plat must be submitted to the county drain commissioner for his review. To entitle any final plat to be recorded, it must bear the certificate of the county drain commissioner (if the lands subdivided are situated in a county having a county drain commissioner). (See 1956 PA 40, Ch 2, Sec. 21, MCLA 280.21, MSA 11.1021). As a condition for his approval, the commissioner must require adequate storm water facilities. 1967 PA 288, supra, Sec. 192 provides: 'The governing drain commissioner or the governing body of the municipality in which the subdivision is situated, whichever has jurisdiction, shall require the following as a condition of approval of the final plat: '(a) That the proprietor provide for adequate storm water facilities within the lands proposed for platting and outlets thereto. '(b) If adequate storm water facilities within the land proposed for platting are not installed before approval of the final plat, the proprietor shall enter into an agreement with the governing body or county drain commissioner and shall post a cash deposit, certified check or irrevocable bank letter of credit whichever the proprietor selects, or a surety bond acceptable to the approval authority, in an amount sufficient for the faithful performance of the agreement. A rebate shall be made to the proprietor, as the work progresses, of amounts of any cash deposits equal to the ratio of the work completed to the entire project. '(c) The county drain commissioner, or where there is no drain commissioner the body having jurisdiction may require the proprietor to establish a county drainage district according to the procedure provided in Act No. 40 of the Public Acts of 1956, as amended, being sections 280.1 to 280.623 of the Compiled Laws of 1948, if deemed necessary to insure adequate maintenance of storm water outlet facilities.' Clearly then, every preliminary and final plat must be submitted to the county drain commissioner for his review. No plat can be recorded unless it bears the approval of the drain commissioner. The drain commissioner cannot approve any plat unless adequate storm water facilities within the lands proposed for platting and outlets thereto are provided for. Your fourth question is: 'If the road frontage is not located within an existing drainage district and the surface water drainage provided is by means of county road ditches which are located on county road right of way, including the road ditch structures are not within the boundary of the road frontage plat. Does the Subdivision Control Act of 1967, as amended, direct and/or require the County Drain Commissioner to sign such a plat for preliminary and/or final approval?' Your question, I infer, is whether the drain commissioner, consistent with 1967 PA 288, supra, Sec. 192, may require the proprietor as a condition for plat approval, to widen, deepen, or otherwise improve a county road drain, if that drain will not adequately receive and discharge anticipated storm water run-off. [The proprietor of course, cannot effect such damages or improvements without the concurrence of the county board of road commissioners. Also, the county board need not permit any change in natural drainage pattern, i.e., accept increased run-off (either in volume or speed) caused by the improvement of adjacent private lands]. The county road drain, properly designed, may be constructed to receive and discharge run-off from the roadway, and not additional run-off caused by improvement to adjacent lands. If the proprietor intends to use such drains for storm water run-off, they may not be adequate to receive and discharge such run-off, therefore drainage of the lands to be platted is not adequate. Until adequate drainage is obtained, the plat must be rejected by the drain commissioner. Frank J. Kelley Attorney General