The Township Special Assessment Act, PA 188 of 1954, was amended in 1994 to provide a mechanism to finance certain types of lake improvement projects, including aquatic plant control. With Act 188, projects are organized under an existing township board. With respect to process, Part 309 and Act 188 are similar. Both Part 309 and Act 188 provide for the establishment of a special assessment district to finance lake improvements. Both statutes also require a public hearing on the necessity (or practicability) of the project, and a public hearing on the special assessment roll. With respect to procedure, neither statute is superior over the other. However, there are some instances where one act may be preferred over the other. For example, if a lake is located entirely within one township and the township is willing to undertake the project, then Act 188 may be a more expedient way to proceed. Please click the link below to view the act.
Township Special Assessment Act, P.A. 188 of 1954, as amended
• Projects are administered by the township board.
• For lake improvements, projects can be initiated by motion of the township board or by petition of land owners constituting more than 50% of the land area in the special assessment district.
• Under this Act, assessments can be levied for the eradication or control of aquatic weeds and plants, the construction, improvement, and maintenance of a lake including, but not limited to, dredging, and the construction, improvement, and maintenance of dams and other structures which retain the waters of the state for recreational purposes. (Note that under Act 188, a lake, pond, river, or stream under the jurisdiction of the county drain commissioner cannot be improved without written permission of the drain commissioner.)
• Plans are prepared describing the improvement and estimated costs.
• Public hearings required on the necessity of the project and the special assessment roll.