Bill Text: MI HB6065 | 2013-2014 | 97th Legislature | Introduced

---

Bill Title: Counties; boards and commissions; public notice under the county road law; revise to make reference to the local government public notice act and the Michigan election law. Amends secs. 3, 6, 11, 18 & 19b, ch. IV of 1909 PA 283 (MCL 224.3 et seq.). TIE BAR WITH: HB 5560'14

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-12-03 - Printed Bill Filed 12/03/2014 [HB6065 Detail]

Download: Michigan-2013-HB6065-Introduced.html

---

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 6065

 

December 2, 2014, Introduced by Rep. Price and referred to the Committee on Local Government.

 

     A bill to amend 1909 PA 283, entitled

 

"An act to revise, consolidate, and add to the laws relating to the

establishment, opening, discontinuing, vacating, closing, altering,

improvement, maintenance, and use of the public highways and

private roads; the condemnation of property and gravel therefor;

the building, repairing and preservation of bridges; maintaining

public access to waterways under certain conditions; setting and

protecting shade trees, drainage, and cutting weeds and brush

within this state; providing for the election or appointment and

defining the powers, duties, and compensation of state, county,

township, and district highway officials; and to prescribe

penalties and provide remedies,"

 

by amending sections 3, 6, 11, 18, and 19b of chapter IV (MCL

 

224.3, 224.6, 224.11, 224.18, and 224.19b), section 6 as amended by

 

2012 PA 14, section 18 as amended by 2000 PA 342, and section 19b

 

as added by 1980 PA 212.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

CHAPTER IV

 

     Sec. 3. (1) Said Before January 1, 2015, the clerk shall cause

 

such notice, printed in the form of a handbill, to be posted in 3

 

or more public places in each township and ward of such the county,

 

at least 2 weeks before the time of such the election, and also to

 

be published in such newspaper or newspapers published and

 

circulated in said the county as the board of supervisors

 

commissioners may direct, once in each week for at least 2 weeks

 

before said the election. Proof of the posting and publication of

 

such the notice may be made by affidavit of any person or persons

 

knowing the facts and be filed in the office of said the clerk and

 

shall be recorded in the records of the proceedings of the board of

 

supervisors. Such commissioners. The affidavit or the record

 

thereof, or a certified copy of such the affidavit or the record

 

thereof, shall be prima facie evidence of the facts stated therein.

 

     (2) Beginning January 1, 2015, notice of the election shall be

 

given in the same manner required by section 653a of the Michigan

 

election law, 1954 PA 116, MCL 168.653a.

 

     (3) Ballots shall be prepared and distributed by the same

 

officers prescribed by law for general elections. The questions

 

shall be stated on such the ballots as follows: , viz.: "Shall the

 

county road system be adopted by the county of

 

......................?" and immediately below and on different

 

lines shall be printed the word "yes" and the word "no." At the

 

time mentioned in such the resolution such the election shall be

 

held and the vote taken accordingly.

 

     Sec. 6. (1) Except as otherwise provided by law and under

 

subsection (4), (5), (7), or (8), in a county where the county road

 

system is adopted, a board of county road commissioners consisting

 

of not less than 3 members or more than 5 members shall be elected

 

by the people of the county. The initial road commissioners shall

 

be appointed by the county board of commissioners or elected at a

 

general or special election called for that purpose, as determined

 

by the county board of commissioners. The county board of

 

commissioners may by resolution provide for staggered terms of

 

office for the road commissioners under this subsection so that not

 

more than 2 road commissioners' terms of office expire in the same

 

year.

 

     (2) If the road commissioners are appointed, they shall hold

 

office only until January 1 of the first odd numbered year

 

following the date of appointment. If the road commissioners are to

 

be elected at a general or special election, notice of the

 

election, embodying a copy of the resolutions of the county board

 

of commissioners, giving the number and terms of the office of the

 

road commissioners to be elected, shall be published or posted by

 

the clerk as required by section 3 of this chapter.

 

     (3) The regular election of county road commissioners shall be

 

held at the general election on the first Tuesday after the first

 

Monday in November. The term of office of an elected county road

 

commissioner shall commence on January 1 in the year following his

 

or her election. The notice of the election shall be given at the

 

time notice is given of the general election of county officers.

 

     (4) The election of county road commissioners shall not be

 

mandatory in any county that contains all or part of 12 surveyed

 

townships as determined by the government survey of the county.

 

Except as provided under subsection (5), in a county under this

 

subsection the county board of commissioners, by a majority of its

 

members elect, may appoint the county road commissioners. A county

 

road commissioner appointed under this subsection shall not be

 

removed from office before the expiration of his or her term of

 

office without being given written notice of the charges made

 

against him or her and an opportunity to appear before the county

 

board of commissioners for a hearing on the charges.

 

     (5) In a county having a population of 750,000 or more that

 

has adopted a charter under 1966 PA 293, MCL 45.501 to 45.521, the

 

powers and duties that are otherwise provided by law for a board of

 

county road commissioners may be reorganized by amendment to the

 

charter. In a county having a population of 750,000 or more with a

 

charter commission proposing a charter under 1966 PA 293, MCL

 

45.501 to 45.521, the powers and duties that are otherwise provided

 

by law for a board of county road commissioners may be reorganized

 

under the charter if, at the election considering the approval of

 

the charter, the voters approve both the charter and a separate

 

ballot question presented by the charter commission to reorganize

 

the board of county road commissioners. Funds provided to the

 

county under 1951 PA 51, MCL 247.651 to 247.675, shall only be

 

expended for the purposes provided under 1951 PA 51, MCL 247.651 to

 

247.675.

 

     (6) If the county board of commissioners proposes to alter the

 

number of county road commissioners as allowed under this act, the

 

county board of commissioners shall hold not less than 1 public

 

hearing on the proposed change to the road commission. The county

 

board of commissioners shall give notice as required under the open

 

meetings act, 1976 PA 267, MCL 15.261 to 15.275, of the time and

 

place of the public hearing not less than 28 days before the

 

hearing. The county board of commissioners shall also provide

 

written notice of the hearing to the county road commission and, if

 

available, by posting the notice on the county's website. The

 

county board of commissioners may vote on whether to alter the

 

number of county road commissioners at the meeting noticed under

 

this subsection.

 

     (7) Except as otherwise provided under subsection (5) and

 

subject to the requirement provided in subsection (9), before

 

January 1, 2015, the powers, duties, and functions that are

 

otherwise provided by law for an appointed board of county road

 

commissioners may be transferred to the county board of

 

commissioners by a resolution as allowed under section 11 of 1851

 

PA 156, MCL 46.11. The appointed board of county road commissioners

 

of that county is dissolved on the date specified in the resolution

 

adopted under this subsection, and the county board of

 

commissioners is authorized to receive and expend funds as allowed

 

under 1951 PA 51, MCL 247.651 to 247.675.

 

     (8) Except as otherwise provided in subsection (5) and subject

 

to the requirement provided in subsection (9), before January 1,

 

2015, the county board of commissioners in a county with an elected

 

board of county road commissioners may, by a resolution as allowed

 

under section 11 of 1851 PA 156, MCL 46.11, submit to the qualified

 

and registered electors of the county at the next regular election

 

to be held in the county the question of transferring the powers,

 

duties, and functions of the elected board of county road

 

commissioners of that county to the county board of commissioners.

 

If a majority of the qualified and registered electors of the

 

county voting on the question vote in favor of transferring the

 

powers, duties, and functions of the elected board of county road

 

commissioners of that county to the county board of commissioners,

 

the elected board of county road commissioners of that county is

 

dissolved and the county board of commissioners is authorized to

 

receive and expend funds as allowed under 1951 PA 51, MCL 247.651

 

to 247.675.

 

     (9) Before adopting a resolution under subsection (7) or (8),

 

the county board of commissioners shall conduct, at a minimum, 2

 

public hearings on whether to transfer the powers, duties, and

 

functions of the board of county road commissioners to the county

 

board of commissioners.

 

     Sec. 11. (1) The board of county road commissioners may lay

 

out new roads within the county as they consider the board

 

considers necessary. The roads shall be not less than 4 rods wide.

 

The board may also change the width or the location or straighten

 

the line of a road over which it takes jurisdiction.

 

     (2) Before the board approves a project for the construction

 

of a new road or improvement of an existing road not part of the

 

federal-aid systems, as defined in section 103 of Public Law 85-

 

767, 23 U.S.C. 103, 23 USC 103, which improvement consists of

 

widening or straightening the line of a road, the board of county

 

road commissioners shall conduct a public hearing pursuant to the

 

following procedure:

 

     (a) Notice Before January 1, 2015, notice of the public

 

hearing shall be given at least twice in a newspaper having general

 

circulation in the vicinity of the proposed undertaking. The Before

 

January 1, 2015, the first notice shall appear 30 to 40 days before

 

the scheduled hearing with the second notice appearing 5 to 12 days

 

before the hearing.

 

     (b) Beginning January 1, 2015, not more than 30 or less than

 

14 days before the scheduled hearing, tier A public notice of the

 

public hearing shall be provided as set forth in the local

 

government public notice act.

 

     (c) (b) The required notices notice shall contain the date,

 

time, and place of the hearing and shall include a description of

 

the proposed action. The notice shall also contain a map or drawing

 

of the proposed action. The map or drawing shall be made available

 

to the public. The notice shall set forth the tentative schedule

 

for the right of way acquisition, if necessary for the proposed

 

action, and for the beginning of the construction or improvement.

 

     (d) (c) A copy of the notice shall be delivered to the local

 

news media and to the executive official of each affected

 

municipality.

 

     (3) If the record owners of 100% of the property adjacent to a

 

local road which is 1/4 mile or less in length and which has only 1

 

outlet , oppose the construction or improvement of the local road,

 

the board of county road commissioners shall not approve the

 

project.

 

     (4) If in the laying out, widening, changing, or straightening

 

of a road it becomes necessary to take private property, the board

 

shall cause a survey of the proposed road to be made, together with

 

an accurate description of the lands required for the road. It The

 

board shall endeavor to agree with each owner, who is a resident of

 

the county, for the purchase of a right of way over the owner's

 

land included within the description. If it the board is able to

 

agree with the owner of the property, it the board may purchase the

 

property and pay for the property out of the funds under its the

 

board's control. The land shall be conveyed to the county for the

 

use and purpose of a road.

 

     Sec. 18. (1) If state reward is to be applied for, the board

 

of county road commissioners shall file with the state

 

transportation commission, for its approval, a map of the county

 

showing the location of the proposed system of county roads. This

 

proposed system may be changed if approved by the state

 

transportation commission. All state rewarded roads composing a

 

part of this system shall be taken over as county roads by the

 

board of county road commissioners and any road or part of a road

 

previously laid out shall become a county road if the board of

 

county road commissioners shall at any time so determine, and in

 

passing through or on the line between townships or villages or

 

cities any streets or parts of streets may be adopted as a county

 

road, with the consent of the proper authorities of that city or

 

cities, village or villages. If a street is taken over and improved

 

as a county road, city and village authorities may further improve

 

the road by surfacing it outside the portion constructed by the

 

county and by the addition of gutters, curbs, sidewalks, and other

 

improvements, may provide for the care and maintenance of the

 

improvements, and may levy and collect taxes for the improvements.

 

The vote of the county road commissioners in respect to the

 

determination shall be taken by yeas and nays, and shall be entered

 

at large on the records of the board of county road commissioners.

 

Notice of the determination shall be immediately given by the clerk

 

to the highway authorities of each city or village in which the

 

road or any part of the road is situated. , and Before January 1,

 

2015, notice of the determination shall be published in a newspaper

 

of general circulation in the county, once in each week for 3

 

successive weeks. Beginning January 1, 2015, the clerk shall

 

provide tier A public notice of the determination as set forth in

 

the local government public notice act. Proof of service and

 

publication or posting may be made by affidavit by any person

 

knowing the facts and filed with the clerk. The affidavit or the

 

record thereof or certified copy of the affidavit or record shall

 

be prima facie evidence of its contents. After service and

 

publication or posting of the notice, the board of county road

 

commissioners shall have exclusive jurisdiction and control of the

 

road embraced within the determination, and the municipality within

 

which the road is situated shall be relieved from all

 

responsibility for the road. Immediately after laying out or taking

 

control of a road the board shall give the road a name. The board

 

may change the name of the road if it determines that a name change

 

is necessary in order to conform to a general plan or avoid

 

confusion or duplication. The name given by the board to any road

 

under its jurisdiction, either originally or in case of a change as

 

provided for in this section, is the official name by which the

 

road shall be known.

 

     (2) The board also may enter into agreements with the board of

 

county road commissioners in any adjoining county with reference to

 

the laying out, maintenance, construction, and improvement of

 

inter-county roads. The decision of each board to become a party to

 

an agreement is limited to the construction, improvement, or

 

maintenance of the portion of the road subject to the jurisdiction

 

of that board.

 

     (3) The board of county road commissioners of any county that

 

has adopted the county road system, at any time, may either

 

relinquish jurisdiction of or absolutely abandon and discontinue

 

any county road, or any part of a county road, by a resolution

 

adopted by a majority vote. The vote of the county road

 

commissioners in respect to either relinquishment of jurisdiction

 

or absolute abandonment and discontinuance shall be taken and

 

entered, and notice given, in the same manner as required in this

 

section in cases in which county roads are adopted. After

 

proceedings to relinquish jurisdiction have been had, the

 

jurisdiction and control of the road, or part of the road, except

 

as otherwise provided in this section, shall revert to the

 

municipality within which the road is situated, and the county

 

shall be relieved of the responsibility for the road. After

 

proceedings to abandon absolutely and discontinue, the road or part

 

of the road shall cease to exist as a public highway unless the

 

unit of government that acquires the property or control of the

 

property permits use as a public highway. Subject to subsection

 

(8), the board, at the time of the passage of a resolution to

 

abandon absolutely and discontinue any portion of a highway under

 

its jurisdiction, shall determine in the resolution that it is in

 

the best interests of the public that the highway or portion of the

 

highway be absolutely abandoned and discontinued. The board shall

 

cause a true copy of every resolution or other proceeding

 

containing an accurate description of the lands comprising the

 

highway or portion of the highway that has been absolutely

 

abandoned and discontinued to be recorded in the office of the

 

register of deeds for the county where the lands are situated.

 

     (4) The board of county road commissioners shall not

 

absolutely abandon and discontinue any highway, or part of a

 

highway, except as provided in this section, upon the written

 

petition of 7 or more freeholders of the township in which the road

 

is sought to be absolutely abandoned and discontinued. The petition

 

for absolutely abandoning and discontinuing a highway shall

 

describe the road in general terms or by any name by which it is

 

known, and if the absolute abandonment and discontinuance of only a

 

portion of a road is asked for, that portion shall be specified.

 

The petition shall be accompanied by a true and correct list of the

 

names and mailing addresses of the occupants of each parcel of land

 

abutting the highway, or portion of the highway, sought to be

 

absolutely abandoned and discontinued, which list shall be

 

certified to under oath by 1 of the persons making or presenting

 

the petition.

 

     (5) If a petition for absolute abandonment and discontinuance

 

of a road or portion of a road contains the signatures of all of

 

the owners of record and occupants of land abutting the road, as

 

ascertained from the records in the office of the register of deeds

 

and the certified list provided for in subsection (4), the board of

 

county road commissioners shall, within 20 days after receiving the

 

petition, subject to subsection (8), determine the advisability of

 

the abandonment and discontinuance and either grant or deny the

 

petition without further proceedings. In all other cases the board

 

shall, within 20 days after receiving a petition, issue a written

 

notice stating the object of the petition and appointing a time and

 

place of hearing, which notice shall be served on the township

 

board of the township in which the road is situated and on the

 

owners of record and occupants of lands through or adjoining which

 

it is proposed to absolutely abandon and discontinue the road, by

 

mailing a copy of the notice by first-class mail to the township

 

board of the township in which the road is situated and to the

 

residence of each owner of record or occupant at his or her last

 

known address at least 30 days before the time of hearing. The

 

township board of the township in which the road is situated shall

 

have first priority to retain the property or portion of the

 

property. The board shall also notify the township or municipality

 

within which the road is situated, the state transportation

 

department, and the department of natural resources if the action

 

concerns any county road or portion of a county road that borders

 

on, crosses, is adjacent to, or ends at a lake or the general

 

course of a stream and the proposed action would result in the loss

 

of public access. If Before January 1, 2015, if the owner does not

 

reside upon the land or the owner of record or occupant cannot be

 

found within the county in which the land is situated, the notice

 

to the owner of record or occupant of the land shall be served by

 

posting in 3 public places in the township in which the road is

 

situated, and by publication in a newspaper circulated within the

 

county, 30 days before the time of hearing. Beginning January 1,

 

2015, if the owner does not reside upon the land or the owner of

 

record or occupant cannot be found within the county in which the

 

land is situated, the notice to the owner of record or occupant of

 

the land shall be served by posting in 3 public places in the

 

township in which the road is situated, and by having tier A public

 

notice provided 30 days before the time of the hearing as set forth

 

in the local government public notice act. Notice shall be served

 

upon railroad companies by leaving a copy with the agent in charge

 

of any ticket or freight office of the company operating the

 

railroad, on the railroad line. The department of natural resources

 

and the township or municipality within which the road is situated

 

shall review the petition and determine within 30 days whether the

 

property should be retained as an ingress and egress point. If the

 

road is situated in a township, the township shall have first

 

priority and the department of natural resources shall have second

 

priority to retain the property as an ingress and egress point. If

 

the road is not situated in a township, the department of natural

 

resources shall have first priority to retain the property as an

 

ingress and egress point.

 

     (6) Upon the service of the notice required in subsection (5),

 

and before any further proceedings are held, the person by whom the

 

service was made shall make and annex to the notice, or a copy of

 

the notice, an affidavit stating the time and manner of service,

 

which shall be by first-class mail, and by posting and advertising.

 

In addition, if service is upon a railroad company, the affidavit

 

shall so state and shall specify the agent upon whom service was

 

made. The notice and affidavit, together with an affidavit of

 

publication or posting if the notice was published or posted, shall

 

be attached to the petition, and the whole shall be present at the

 

time of the hearing upon the petition. The board of county road

 

commissioners may designate, as hearing examiner, an employee to

 

hold the hearing upon the petition. After the hearing, the examiner

 

shall report all findings of fact to the board.

 

     (7) The board of county road commissioners or the

 

superintendent or engineer employed by the board shall proceed to

 

view the premises described in the petition and notice, and the

 

board shall ascertain the necessity or advisability of absolutely

 

abandoning and discontinuing the highway pursuant to the petition.

 

     (8) Subject to subsection (5), if the board of county road

 

commissioners determines pursuant to under this section to

 

relinquish control, discontinue, abandon, or vacate any county road

 

or portion of a county road that borders on, crosses, is adjacent

 

to, or ends at a lake or the general course of a stream and the

 

township, if applicable, or the department of natural resources

 

decides to maintain the road as a public access site, it the board

 

shall convey by quitclaim deed or relinquish jurisdiction over the

 

property if the interest is nontransferable to the township or the

 

state. If the township obtains the property or jurisdiction over

 

the property as an ingress and egress point and later proposes to

 

transfer the property or jurisdiction over the property, it the

 

township shall give the department of natural resources first

 

priority to obtain the property or jurisdiction over the property.

 

If the state obtains the property or jurisdiction over the property

 

under this subsection, the property shall be under the jurisdiction

 

of the department of natural resources. The state may retain title

 

to the property, transfer title to a local unit of government, or

 

deed the property to the adjacent property owners. If the state has

 

purchased the property with restricted fund revenue, money obtained

 

from sale of the property shall be returned to that restricted

 

fund. The local unit of government shall either maintain the

 

property as a site of public access or allow it to revert to the

 

adjoining landowners.

 

     (9) Subject to subsection (5), if the board of county road

 

commissioners determines pursuant to under this section to abandon

 

any county road or portion of a county road to a township, it the

 

board shall quitclaim deed the property if the interest is

 

nontransferable to the township. The township shall either retain

 

the property or allow it to revert to the adjoining landowners.

 

     (10) Within 30 days after final determination upon the

 

petition for absolutely abandoning and discontinuing a highway, the

 

board of county road commissioners shall file with the state

 

transportation commission a full record and return of its

 

proceedings. A determination by the board of county road

 

commissioners under this section is binding for purposes of 1927 PA

 

341, MCL 247.41 to 247.46.

 

     (11) The board of county road commissioners may reserve an

 

easement for public utility purposes within the right-of-way of any

 

road absolutely abandoned and discontinued under this section and

 

may, by resolution, extinguish any easement so reserved whenever

 

the easement ceases to be used for public utility purposes.

 

     (12) If interest in the property is conveyed or control over

 

the property is relinquished to a local unit or this state under

 

subsection (8), the local unit or this state, as applicable, shall

 

operate and maintain the property so as to prevent and eliminate

 

garbage and litter accumulation, unsanitary conditions, undue

 

noise, and congestion as necessary.

 

     (13) If a person shows substantial noncompliance with the

 

requirements of subsection (12), the circuit court may order the

 

local unit or this state to close the road ending in a manner to

 

prevent ingress and egress to the body of water for a period of up

 

to 30 days.

 

     (14) If a person shows substantial noncompliance with the

 

requirements of subsection (12) and the circuit court has

 

previously closed the road ending for up to 30 days under

 

subsection (13), the circuit court may order the local unit or this

 

state to close the road ending in a manner to prevent ingress and

 

egress to the body of water for 90 days.

 

     (15) If a person shows substantial noncompliance with the

 

requirements of subsection (12) and the circuit court has

 

previously closed the road ending for 90 days under subsection

 

(14), the circuit court may order the local unit or this state to

 

close the road ending in a manner to prevent ingress and egress to

 

the body of water for 180 days.

 

     (16) If a person shows substantial noncompliance with the

 

requirements of subsection (12) and the circuit court has

 

previously closed the road ending for 180 days under subsection

 

(15), the circuit court shall order the local unit or this state to

 

show cause why the road ending should not be permanently closed in

 

a manner to prevent ingress and egress to the body of water.

 

Subject to subsection (17), the circuit court shall permanently

 

close the road ending unless the local unit or this state shows

 

cause why the road ending should not be closed.

 

     (17) After a road ending is closed under subsection (16), and

 

unless the property has been conveyed or relinquished to the

 

adjacent landowners under subsection (18), the local unit or this

 

state may petition the circuit court to reopen the road ending. The

 

circuit court may order the road ending reopened if the local unit

 

or this state presents a management plan to and posts a performance

 

bond with the circuit court, and the circuit court finds that the

 

management plan and performance bond are adequate to ensure

 

compliance with subsection (12).

 

     (18) After a road ending is closed by the circuit court under

 

subsection (16), 1 or more of the adjacent landowners may petition

 

the circuit court to order the local unit or this state to convey

 

any interest in the property that the local unit or this state

 

holds to the adjacent landowners, or, if the interest is

 

nontransferable, to relinquish control over the property to the

 

adjacent landowners.

 

     (19) Proceedings under subsection (13), (14), (15), or (16)

 

shall be initiated by application of 7 owners of record title of

 

land in the local unit who own land within 1 mile of the road

 

ending to the circuit court for the county in which the road ending

 

is located. The applicants in the proceedings under subsection

 

(13), (14), (15), (16), (17), or (18) shall give the persons

 

described in subsection (5) notice of the application by registered

 

mail.

 

     Sec. 19b. (1) A person, partnership, association, corporation,

 

or governmental entity shall not construct, operate, maintain, or

 

remove a facility or perform any other work within the right of way

 

of a county road except sidewalk installation and repair without

 

first obtaining a permit from the county road commission having

 

jurisdiction over the road and from the township, city, or village

 

in which the county road is located when if a permit is required by

 

ordinance of the township, city, or village, pursuant to authority

 

conferred by article VII, section 29 of article VII of the Michigan

 

state constitution of 1963. The adjacent property owner shall not

 

be required to obtain a permit for work incidental to the

 

maintenance of the right of way lying outside of the shoulder and

 

roadway.

 

     (2) A Before January 1, 2015, a county road commission and a

 

local unit of government may adopt, after a public hearing of which

 

notice has been given by publication at least twice in a newspaper

 

circulated in the county not more than 30 days nor or less than 7

 

days prior to before the hearing, reasonable permit requirements

 

and a schedule of fees to be charged sufficient to cover only the

 

necessary and actual costs applied in a reasonable manner for the

 

issuance of the permit and for review of the proposed activity,

 

inspection, and related expenses. Beginning January 1, 2015, after

 

a public hearing of which tier C public notice has been given as

 

set forth in the local government public notice act not more than

 

30 days or less than 7 days before the hearing, a county road

 

commission and a local unit of government may adopt reasonable

 

permit requirements and a schedule of fees to be charged sufficient

 

to cover only the necessary and actual costs applied in a

 

reasonable manner for the issuance of the permit and for review of

 

the proposed activity, inspection, and related expenses. After the

 

work authorized in the permit has been completed, itemization of

 

all costs shall be supplied upon request of the permit holder.

 

     (3) When a road commission adopts procedures for the issuance

 

of issuing permits or adopts a schedule of fees in accordance with

 

the provisions of this section, separate procedures and fee

 

schedules shall be adopted for the issuance of issuing annual and

 

emergency permits which that reflect the minimal administrative

 

burden of issuing an annual permit for frequent but routine and

 

unobtrusive work such as surveying and the extraordinary emergency

 

repairs to municipal or public utilities.

 

     (4) A county road commission may not refuse a permit requested

 

by a government entity for the installation of a facility or

 

utility owned by that entity if security is given by the permittee

 

or its contractor to the county road commission sufficient to

 

insure restoration of the road and appurtenances thereto and

 

adjacent right of way to a condition reasonably equal to or better

 

than that existing prior to such before the installation, nor may a

 

county road commission charge a government entity a permit fee

 

exceeding $300.00 per permit or $1,000.00 total for all permits per

 

project.

 

     Enacting section 1. This amendatory act does not take effect

 

unless House Bill No. 5560 of the 97th Legislature is enacted into

 

law.