Board to Delegate 2026 Lake-Level Authority to Drain Commissioner Andy Smits

Grand Traverse County commissioners placed a resolution before the board that would delegate authority over inland lake levels to Drain Commissioner Andy Smits for the remainder of 2026, including oversight tied to the Duck Lake and Silver Lake dams. The measure, if approved, would empower Smits to manage maintenance planning, facilitate required dam inspections and handle administrative filings to the state for those structures.

Records reviewed by this office show conflicting scheduling for the board action: one record lists the item as scheduled March 3, 2026 while another lists it for March 4, 2026. The discrepancy affects when formal authorization could take effect and whether Smits’ delegated duties would begin immediately or following the later board session.

The proposed resolution invokes Part 307 of the Natural Resources and Environmental Protection Act and sets a clear procedural path. It directs the county drain commissioner to "cause a preliminary study to be conducted by a licensed professional engineer," forward the study to the Board of Commissioners, and have the board determine whether to "initiate an action in County Circuit Court to have determined and established the normal level(s) of Lake pursuant to MCL 324.30704."

The resolution further specifies post‑court duties: "upon the Court Order determining the normal level(s) of Lake and the establishment of a special assessment district, the County Drain Commissioner, as delegated authority, shall prepare a computation of the cost of the project and prepare a special assessment roll." State legislative guidance allows a delegated authority to acquire or construct a dam and to finance work with bonds or notes payable by special assessments, and it notes a county board could, by majority vote, pledge the county's full faith and credit for such obligations.

Local details in the board materials single out Silver Lake and Duck Lake. Silver Lake sits within Garfield and Blair townships and a special assessment district was created in October 1986 "to maintain a high-water level and promote drainage." The board has also asked Smits to advise on Elk and Skegemog lakes, which border Antrim, Kalkaska and Grand Traverse counties; on December 17, 2025 the board requested Smits’ counsel regarding an alleged June 1971 resolution related to those lakes.

County guidance and technical conference materials stress administrative limits and fiscal responsibilities for any delegation. The conference notes quote MCL 280.28-29 to remind that "all drain commissioner wages and expenses are still the responsibility of the county" and caution that road commissions may not use MTF funds for drain commission purposes. The board packet language also records that Smits is "amenable to said limited duties and remains dedicated in service to the citizens of Grand Traverse County."

The proposal acknowledges that some dam inspection and state filing tasks fall outside the Drain Code of 1956's standard obligations; a board summary states, "These tasks are not standard obligations for a drain commissioner under the state’s Drain Code of 1956, but Smits indicated he is willing to accept the role." If the board approves delegation for 2026 and a circuit court later sets normal levels, Smits would be responsible for engineering studies, cost computations and preparing a special assessment roll that could trigger project financing and assessments for affected property owners.