SPECIAL ASSESSMENT DISTRICT

A special assessment is a annual cost that appears on a property owner's winter tax bill when lake level expenses are incurred. According to Part 307, Inland Lake Levels, of the Natural Resources and Environmental Protection Act, 1994 Pa 451, the Gladwin County Board of Commissioners may pass a resolution stating that the cost to maintain a dam can be defrayed by a special assessment against property owners who benefit from the lake/bodies of water when costs are incurred.

Part 307, Inland Lake Levels, of the Natural Resources and Environmental Protection Act, 1994 Pa, is the legal framework for establishing and maintaining inland lake levels.

Part 315, Dam Safety, of the Natural Resources and Environmental Protection Act, 1994 Pa, is the legal framework that requires anyone who wants to construct a dam of specified dimensions must first obtain a permit from the Department of Environment, Great Lakes and Energy (EGLE).

In 1979, a court order confirmed the boundaries of a special assessment district. The county is updating the special assessment district boundaries to ensure all properties that benefit from the lake levels are included, to remove farm fields to the far east of the lakes, and to add lakefront properties southwest of the lakes that were not included in previous district maps.

The dams on Lake Lancer and Lake Lancelot need repairs and/or improvements. Based on the required repairs, there needs to be a long-term funding source for the ongoing repairs, maintenance and operation of the lake level infrastructure.

The court hearing in September of 2023 will establish the updated boundaries of the special assessment district. Determinations as to how much any assessments will be or apportionments for assessments are determined at a future public hearing and ultimately must also be approved by the County Board of Commissioners.

Although lake level infrastructure is extremely important and must be adequately maintained, it is also important to balance the affordability of any projects and potential assessments. The lake level statue allows a County to finance lake level projects and spread assessments over a variety of years to make annual payments manageable for those within a special assessment district.

State law does not give the public the ability to vote on lake level assessments or establishing a lake level special assessment district. Yet, it offers various opportunities for public comment and input. The County must balance interests from various stakeholders (such as lakefront and backlots) in this process but encourages public comment to help it come to the best proposal for any assessments or assessment district.

Michigan law allows a County Board of Commissioners to establish “normal levels” (also commonly referred to as “legal levels” or “court-ordered lake levels”) on inland lakes through circuit court proceedings. A 1970 order of the Gladwin County 55th Circuit Court set Lake Lancer normal levels at 840 feet above mean sea level for summer and 839 feet for winter. The Court also set Lake Lancelot normal levels at 845 feet above mean sea level for summer and 844 feet for winter. Because the Court set legal lake levels for Lake Lancer and Lake Lancelot, the delegated authority has an obligation to maintain those levels by repairing and improving lake level infrastructure (i.e. the dams).

The lake level order will be updated to the most recent lake level survey datum and it will allow for variations in the levels. This means the order will include language noting that the normal levels are subject to variations due to normal operations of lake level control infrastructure, weather, etc. Current legal lake levels: