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. 5458

March 12, 1979

SUBDIVISION CONTROL ACT:

Approval by county health department

SUBDIVISION CONTROL ACT:

Approval by county plat board

COUNTIES:

Approval of plat by county plat board and county health department

In exercising its duties under the Subdivision Control Act, a county plat board does not have authority to require the affixing of approval of a plat by the health department having jurisdiction; neither may the county plat board delegate its responsibilities for review and approval of a plat to the health department. The county plat board may, however, require the plat proprietor who seeks to plat land where public water and public sewers are not available provide proof that he has satisfied all the requirements of the health department having jurisdiction for preliminary or final plat approval.

Frank R. Del Vero

Prosecuting Attorney

Livingston County

300 South Highlander Way

Howell, Michigan 48843

You have requested my opinion as to whether, under provisions of 1967 PA 288; MCLA 560.101 et seq, MSA 26.430(101) et seq, a County Plat Board may require, as a condition of final plat approval, a certification by the County Health Department placed upon the face of the final plat.

1967 PA 288, supra, Sec. 102(k) provides:

'(k) 'County plat board' means the register of deeds, who shall act as chairman, the county clerk, who shall act as secretary, and the county treasurer. If the offices of county clerk and register of deeds have been combined, the chairman of the board of supervisors shall be a member of the plat board and shall act as chairman. In a county where a board of auditors is authorized by law such board may elect to serve on the county plat board by adopting a resolution so ordering. A copy of the recorded resolution shall be sent to the state treasurer.'

1967 PA 288, supra, Sec. 142 provides:

'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:

'(a) A surveyor's certificate of compliance with the statute.

'(b) A certificate of the proprietor submitting the plat.

'(c) A certificate of taxes by the treasurer of the county in which the plat is situated, as required by section 35 of Act No. 206 of the Public Acts of 1893, as amended by section 211.35 of the Compiled Laws of 1948.

'(d) A certificate of taxes signed by the treasurer of the municipality in which the plat is located if the municipality does not return delinquent taxes to the state treasurer, as required by section 35 of Act No. 206 of the Public Acts of 1893, as amended.

'(e) A certificate of approval of the county drain commissioner, if there is a county drain commissioner.

'(f) A certificate of approval of the board of county road commissioners, if public streets and roads shown on the plat are under its jurisdiction or to come under its jurisdiction and if any private streets or roads shown on the plat are in an unincorporated area.

'(g) A certificate of approval of the governing body of the municipality. The certificate of the governing body of the municipality may not be placed on the plat unless the proprietor has deposited with the clerk both the filing and recording fee required by section 241 and the fee permitted by section 246 by the municipality for review and approval of a plat.

'(h) A certificate of approval of the county plat board. The certificate may not be placed on the plat unless the filing and recording fee required by section 241 has been received by the clerk of the county plat board.

'(i) A certificate of approval of the state highway commission when the subdivision includes or abuts state trunkline highways.

'(j) A certificate of approval of the state treasurer. The certificate of the state treasurer may not be placed on the plat unless the portion of the filing and recording fee due the state as provided by section 241 has been received by him.'

1967 PA 288, supra, Sec. 168 setting forth the duties of the Plat Board provides:

'(1) When approved by the governing body [of the municipality], the clerk shall promptly forward all copies of the plat to the clerk of the county plat board, together with the filing and recording fee.

'(2) Within 15 days of the date of receipt of the plat, a majority of the county plat board shall:

'(a) Review the plat for conformance to all provisions of the act and certify their approval on all copies; or

'(b) Reject the plat and notify the proprietor of the reasons in writing when returning the plat, also sending a copy of the letter to the clerk of the governing body.'

1967 PA 288, supra, Sec. 106 provides:

'No approving authority or agency having the power to approve or reject plats shall condition approval upon compliance with, or base a rejection upon, any requirement other than those included in section 105.'

1967 PA 288, supra, Sec. 105(g) provides:

'Approval of preliminary and final plats shall be conditioned upon compliance with:

(g) The rules of the department of public health as published in the state administrative code relating to suitability of soils for subdivisions not served by public water and public sewers, the authority for which is granted by this act and the manner prescribed in section 7 of Act No. 146 of the Public Acts of 1919, as amended, being sections 325.1 to 325.14 of the Compiled Laws of 1948. The department of public health may authorize local city, county or district health departments to carry out the provisions of this act relating to suitability of soils for subdivisions not served by public water and public sewers. The department of public health may require percolation tests and boring tests to determine suitability of soils. When such tests are required, they shall be conducted under the supervision of a registered engineer, registered land surveyor, or registered sanitarian in accordance with uniform procedures established by the department of public health.' (Emphasis added)

1967 PA 288, supra, Sec. 118 provides:

'(1) The proprietor shall submit 3 copies of the preliminary plat to the health department having jurisdiction, if public water and public sewers are not available and accessible to the land proposed to be subdivided.

'(2) The health department, 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 all or such portion of the proposed subdivision that is not suitable. If rejected, it shall give its reasons for rejection and requirements for approval to the proprietor and governing body in writing.'

My review of the act and the quoted sections in particular leads me to conclude that only those certificates required by 1967 PA 288, supra, Sec. 168 need be affixed to the final plat. The County Plat Board does not have the authority to require the affixing of the approval of the plat by the health department having jurisdiction. Neither may the County Plat Board delegate its responsibilities for review and approval of a plat to the health department. The board has no control over the department and, accordingly, has no authority to impose any duties upon the department.

The County Plat Board may, however, require of the plat proprietor who seeks to plat land when public water and public sewers are not available that he provide proof that he has satisfied all requirements of the health department having jurisdiction for preliminary or final plat approval.

Frank J. Kelley

Attorney General