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Grand Traverse County Board Delegates Lake Level Oversight to Drain Commissioner

3/6/2026, 8:06:55 AM

Delegation of Authority to Drain Commissioner

The Grand Traverse County Board of Commissioners is set to consider a resolution on March 4, 2026, that would delegate specific authority over the management of inland lake levels to Drain Commissioner Andy Smits. This measure aims to authorize Smits to oversee maintenance, provide advice, and conduct dam inspections for Duck Lake and Silver Lake through the end of 2026. The delegation is governed by Part 307 of Public Act 451 of 1994, which outlines the responsibilities of counties in maintaining “normal levels” of lakes as established by court orders.

Historical Context of Lake Management

Duck Lake, located in Green Lake Township, has a long history of management, with a special assessment district established by the Grand Traverse County Board of Supervisors in February 1960 to construct a dam for controlling water levels. The 13th Circuit Court has since mandated the maintenance of these levels. Similarly, Silver Lake, which spans Garfield and Blair townships, was included in a special assessment district created in October 1986 to maintain high-water levels and facilitate drainage, also supported by a dam constructed for compliance with court orders.

Responsibilities and Implications

Under the proposed resolution, Smits will be responsible for facilitating required dam inspections and managing administrative filings with the state for both Duck Lake and Silver Lake. While these tasks are not typical responsibilities for a drain commissioner as per the state’s Drain Code of 1956, Smits has expressed his willingness to accept these duties. The resolution specifies that the delegated authority will expire on December 31, 2026, although the Board of Commissioners retains the option to relieve Smits of these responsibilities earlier through official action.

Official Statements & Responses

County officials have indicated that the delegation is necessary to ensure compliance with state obligations regarding lake management. They noted that no current delegations are in effect, prompting the request for Smits' assistance. Smits has stated he is “amenable to said limited duties and remains dedicated in service to the citizens of Grand Traverse County.”

Criticism & Opposition

While the resolution appears to have support from county officials, there may be concerns regarding the scope of responsibilities assigned to the Drain Commissioner, particularly as these tasks extend beyond the standard obligations outlined in the Drain Code. Critics may question whether this delegation could lead to potential overreach or mismanagement of lake levels.

What's Next

The Grand Traverse County Board of Commissioners will vote on the resolution on March 4, 2026. If approved, the delegation of authority to Drain Commissioner Andy Smits will facilitate the oversight of Duck Lake and Silver Lake, ensuring compliance with existing court orders and state regulations.