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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. 5675 April 4, 1980 COUNTIES: Powers of board of road commissioners A board of county road commissioners Is without authority to impose a fee to consider and act upon a petition to declare a county local road a natural beauty road. Honorable Perry Bullard State Representative 560 Roosevelt Building Lansing, Michigan 48909 You have requested my opinion on the following question: May a board of county road commissioners charge a fee for the processing of a petition to designate a road a natural beauty road, if the act under which the petition is filed does not provide for a fee? You have informed me that a group of citizens wish to designate a county local road in Washtenaw County a 'natural beauty road' pursuant to 1970 PA 150; MCLA 247.381 et seq; MSA 9.195(61) et seq. The group of citizens has submitted a petition for this purpose as is required by the statute. The county has refused to process the petition without payment of a $200 fee. 1970 PA 150, supra, Sec. 2 provides: '(1) Twenty-five or more freeholders of a township may apply by petition to their board for designation of county local road or portion thereof as a natural beauty road. '(2) Within 6 months after a petition is received, the board shall hold a public hearing to consider designating the described road as a natural beauty road. The hearing shall be held at a suitable place within the township in which the proposed natural beauty road is located. At the hearing a party or interested person shall be given an opportunity to present his support for or objections to the proposed designation. Notice of the hearing shall be given by the board by causing a notice thereof to be published at least once in each week for 2 successive weeks in a newspaper of general circulation in the county, and by posting 5 notices within the limits of the portion of the road to be designated, in public and conspicuous places therein. The posting shall be done and at least 1 publication in the newspaper shall be made not less than 10 days before the hearing. '(3) Within 30 days after the hearing, if the board deems the designation desirable, it shall file with the county clerk a true copy of its resolution designating the portion of the county local road as a natural beauty road.' (Emphasis added.) 1970 PA 150, supra, does not provide for the collection of a fee for the processing of a petition submitted to the board of county road commissioners. While setting forth specific requirements, including the holding of public hearings, the presentation by interested parties of argument in support of or objections to the designation, the place for hearings, and publication, 1970 PA 150, supra, does not indicate that the county shall collect a fee for any or all of the responsibilities imposed on the county. Const 1963, art 7, Sec. 16, provides in pertinent part as follows: '. . . The legislature may provide the powers and duties of counties in relation to highways, bridges, culverts . . .; may provide for county road commissioners to be appointed or elected, with powers and duties provided by law. . . .' (Emphasis supplied.) 1970 PA 150, supra, enumerates the various powers and duties granted to and imposed upon a board of county road commissioners when designating a county local road a natural beauty road. The statute does not empower the board of county road commissioners to impose a fee for the processing of petitions submitted to declare a county local road a natural beauty road. It is, therefore, my opinion that the board of county road commissioners may not charge a fee for the processing of a petition submitted for the purpose of declaring a county local road a natural beauty road. Frank J. Kelley Attorney General
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