Please review the instructions, terms, and conditions before completing this application.
Application for Permit/License
1. For residential and agricultural crossing permits: Complete and submit three (3) sets of this application, drawings. The Water Resources Commissioner may require a deposit of $500 for inspection and consultant services. The application fee for a permit are as follows: Crossing permit $250; Tap-in Permit $250. License to Encroach/Parallel Drain Easement $250.
2. For all other permits: Complete and submit three (3) sets of this application, drawings. The Water Resources Commissioner may require a deposit up to $5,000 for inspection, consultant and legal services. Unused deposit money will be returned. Application fee for the permits are as follows: Crossing permit $250.00 (Commercial/Utility); Tap-in Permit $ 250 (Commercial/Utility); License to Encroach/Parallel Drain Easement $250.
3. Application: The application for permit or license must be accompanied by a parcel legal description labeled Exhibit A on 8 1/2” x 11” or 8 1/2” x 14”; and three (3) sets of sealed site plans showing the drain, the drain easement, and the proposed crossing, encroachment, or connection labeled Exhibit B on 8 1/2” x 11” or 8 1/2” x 14.” Leave 1/2” margin on Exhibits. If in Road Right-of-Way no parcel legal description is required, and only one exhibit need be submitted, that of the proposed crossing, encroachment, or connection labeled Exhibit A.
- A crossing and/or license to encroach submittal shall include a detailed sealed scaled plan, profile, and sectional view of the drain at the crossing and for the full width of the easement.
- A tap-in submittal shall include a detailed sealed scaled plan and profile view of the connection at the drain and for full width of the easement.
- A license to encroach needs detailed sealed scaled plan and profile view of the encroachment in easement on a case-by-case basis. Applicant must pay actual billed costs of CCWRC staff and consultants.
4. Approving Document: Upon acceptance, a Permit to Cross, Connect/Tap-in, Occupy/Parallel Drain Easement with relevant information, specific conditions related to the crossing, and following terms and conditions will be issued.
Terms and Conditions:
1. If applicable, all utilities, structures and/or facilities must be a minimum of four (4) feet below the established drain bottom when crossing or paralleling the Drain or Drain Easement.
2. Any structures removed such as headwalls, wingwalls, concrete slabs, rip rap, erosion protection, tiling, culverts-metal or concrete, must be replaced with new materials and reconstructed to original condition or better.
3. All ditch banks, when disturbed, must be reshaped to original slope, compacted, top-soiled and seeded, fertilized and mulched or hydro-seeded. Permittee shall use mulch blankets on ditch banks.
4. The crossing, tap-in or encroachment will be accomplished without disruption to the drain except as otherwise permitted by the CCWRC. Permittee shall not obstruct the flow of water in the drain as defined by Sections 421 and 422 of the Drain Code, as amended (MCL 280.421 and 280.422), unless specifically authorized in writing by the CCWRC. Permittee is responsible for maintaining all storm drainage during time of construction, whether be use of pumping equipment or construction of a bypass system. Permittee shall not store equipment and materials in any way so as to cause blockage of the drain.
5. Inspection. Unless otherwise agreed or waived by the CCWRC, a CCWRC inspector, or an inspector as approved by the CCWRC, must be on site during the installation/construction of a utility, structure or facility within drain easement and/or crossing the drain, or any other work within the drain easement. Permittee shall notify CCWRC not less than three (3) business days prior to any construction/installation within the drain and/or drain easement. Every attempt to accommodate the Permittee’s schedule will be made when notified of the need for an inspector. Permittee shall be directly responsible for all costs and expenses, including all professional fees (engineer, inspector, surveyor, and attorney) arising out of the Permit.
6. Application Fees and Deposit. Permittee shall be responsible for application fees as set forth in the instructions together with any and all costs incurred by the Drainage District arising from this Permit, including, but not limited to, engineering, inspection, enforcement, administrative, attorney fees, court costs, witness fees, and/or costs of litigation arising out of this Permit, and any services rendered attendant thereto. The CCWRC reserves the right to require Permittee to submit a deposit up to $5,000.00 with the CCWRC for inspection fees and other costs upon execution of this Permit. Any portion of the deposit not used will be refunded to Permittee. It is understood that any amount incurred by the CCWRC in excess of the deposit will be billed to Permittee. The CCWRC will provide an itemized invoice of all costs following the installation and completion of the work authorized by the Permit issued herein. Payment shall be due thirty (30) days after mailing of the invoice.
7. The Permittee acknowledges that the Permit does not authorize any work in the Drain Easement other than that which is identified in the Permit and the exhibits attached to the permit. Should work be required that is not otherwise authorized by the Permit on any encroachment or crossing of the drain or within the drain easement, Permittee agrees to submit the necessary permit application(s).
8. Within thirty (30) days of completion of construction of the encroachment, crossing and/or parallel of the drain easement, as authorized by the Permit, Permittee shall provide the CCWRC with one (1) copy of as-built drawings of the encroachment and crossing sealed by a Michigan licensed professional surveyor. The as-built drawing shall show the drain easement and the location of the utility, structure and or facility. The as-built drawing shall be submitted as a digital (.pdf) file. If Permittee fails to timely provide the as-built drawings, Permittee agrees to be responsible for all costs incurred by the Drainage District and/or CCWRC, including but not limited to the costs incurred to survey and prepare the required as-built drawings, and any related attorney fees.
9. At Permittee’s expense, any structures removed or damaged by Permittee such as headwalls, wing walls, concrete slabs, rip rap, erosion protection, tiles or culverts – metal or concrete, must be replaced with new material and reconstructed to original condition or better as directed and approved by the CCWRC Permittee must present a plan for permanent repairs within seven (7) days of written notice by the CCWRC. Permanent repairs must be completed by Permittee within a reasonable time as determined by the CCWRC.
10. Insurance. Unless otherwise agreed by the CCWRC, not less than ten (10) days prior to construction of the encroachment and crossing of the Drain Easement, Permittee shall provide to the CCWRC proof of Contractor’s or Commercial General Liability Insurance, in an amount not less than $1,000,000 per occurrence, with an endorsement naming the Drainage District, CCWRC, and its officers, official, employees and contractors, as additional insured under said policy.
11. Indemnification. Permittee agrees to hold harmless, indemnify and pay all costs to defend the Drainage District, CCWRC, CCWRC Office, and their agents, employees and/or contractors from any and all claims, damages, losses, demands, or actions, including but not limited to claims for damages to person or property, administrative sanctions and/or penalties arising out of or in any manner related to the privileges granted pursuant to this Permit, and/or any activity of Permittee within or affecting the drain or drain easement, including but not limited to construction, maintenance, use and/or existence of the utility, structure, and/or any other facility crossing, occupying and/or encroaching upon the drain easement. This provision shall not apply in the event an act of gross negligence and/or intentional misconduct of the applicable drainage district, CCWRC or their agents, employees and/or contractors, and such conduct is a proximate cause of the claim or damage. Notwithstanding the foregoing, nothing contained in the Permit shall constitute a waiver of any privileges and immunities as provided by law.
12. Permittee agrees to pay all increased costs incurred by the applicable drainage district to maintain or improve the drain resulting from the approved drain crossing, occupation and/or encroachment upon the drain easement. The issuance of a Permit does not relieve Permittee of any future expense for relocation of the utility, structure or other facility to accommodate for future drain improvements. Permittee does hereby acknowledge and agree that in the event the area within the drain easement for which the permit is granted is necessary for future operation and maintenance of the drain, Permittee, shall: (a) Pay any increased cost to the applicable drainage district due to its crossing, tap-in or encroachment of said drain or drain easement, said cost to be determined as a separate bid item during construction or reconstruction, or (b) relocate the utility, structure or other facility at its own cost, including any utility poles or other appurtenant structures, whether temporarily or permanently as determine necessary by the CCWRC. All expenses pertaining to said relocations shall be paid for by Permittee. Relocation shall be completed by a date determined necessary by the CCWRC, upon written request by the CCWRC.
13. Permittee shall notify the CCWRC, of any subsequent repairs to the utility, structure or other facility, that are authorized by the Permit. Notice shall be conveyed to the CCWRC calling 269-781-0790 during regular office hours, and after regular office hours, by calling the emergency number left on the recorded message at (269) 781-0911.
14. The authority to conduct the activity as authorized by the Permit is granted to the Permittee by the CCWRC, pursuant to Michigan law, including Public Act 40 of 1956, as amended. Approval herein does not convey, provide, or otherwise imply approval of any other governing body or authority vested in any other body by any act, ordinance, or regulation, nor does it waive the Permittee’s obligation to acquire any other approvals or authorizations necessary to conduct the permitted activity or activities shown on the approved plans. The issuance of this permit does not relieve or waive Permittee’s obligation to obtain all other required federal, state, and/or local permits.
15. The Permit is binding on the Permittee, its heirs, assigns, and successors in interest. Except for assignments to wholly owned subsidiaries or divisions of Permittee, this Permit is not assignable without the written consent of the CCWRC. Consent shall not be unreasonably withheld.
16. The Permit shall not affect nor alter the current liability that such lands subject to this Permit may have for special assessment levied for the purposes of the operation and maintenance of the Drain.
17. Violation of any of the terms and conditions shall constitute a breach of the Permit for which the Drainage District may revoke the Permit and order the removal of the facilities installed by Permittee, or direct the operation or reconstruction of the encroachment or crossing to comply with the terms of this Permit, with all costs, including but not limited to construction, engineering, inspection, enforcement, and legal, to be paid by the Permittee.
18. This Permit shall be construed under Michigan law, and if any part, term or provision of this permit shall be determined by a court of competent jurisdiction to be unlawful or unenforceable, such determination shall not affect the validity and enforceability of the remaining parts, terms and provisions of this permit.