Frequently Asked Questions

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 February 24, 1982 order of the Roscommon County Circuit Court set Houghton Lake’s normal levels at 1,138.1 feet above mean sea level for summer and 1,137.6 feet for winter. Because the Court set legal lake levels for Houghton Lake, Roscommon County has an obligation to maintain those levels by repairing and improving lake level infrastructure (e.g., the dam).

Part 307, Inland Lake Levels, of the Natural Resources and Environmental Protection Act, 1994 Pa 451, is the legal framework for establishing and maintaining inland lake levels.

The statute that governs established inland lake levels outlines a process to pay for lake level infrastructure operation and maintenance costs by special assessments (Michigan Compiled Law 324.30714). The same statute notes that a circuit court’s lake level order must confirm the boundaries of any special assessment district (MCL 324.30707(5). A court order did not establish a special assessment district boundary to authorize assessments to maintain lake level infrastructure for any of the three lakes. To ensure that the County can maintain the lakes' required lake levels, special assessment districts are being established to provide a funding mechanism for the infrastructure. Many inland lakes throughout Michigan with legal lake levels have corresponding lake level special assessment districts.

The lake level control structures on Houghton Lake, Higgins Lake and Lake St. Helen are in need of repairs and/or improvements. Based on the required repairs, there needs to be a formal funding source for the work and future maintenance of the lake level infrastructure.

A lake level special assessment district can generally only include properties that “benefit” from a lake level. Accordingly, it is the County’s intent to include properties that can access each lake. These include lakefront properties and those that may have “deeded access.”

Establishing a lake level special assessment district requires the County to amend the historical lake level order to include a district. It does this by filing a petition in the Roscommon County Circuit Court. All property owners within a proposed special assessment district will receive mailing notice informing them of the court hearing to consider amending the lake level order for a special assessment district and may attend that hearing.

No. State law only allows a court to determine the properties that can be assessed (or otherwise are in the 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.

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.

No. Different state laws require separate special assessment districts for certain lake improvements. A separate state law and assessment process governs weed treatments.

Assuming the court establishes a lake level special assessment district, this would occur after the court hearing at a future public meeting (those subject to potential assessments would receive mailing notice). The County cannot estimate assessments prior to a district being created as it will not know how many properties will be in the district which is necessary to determine how costs will be spread.

State law authorizes the County to assess DNR properties for use of the lake as well as to assess the County and/or other public entities like townships at-large for lake level projects. These assessments typically relate to the public’s use of a lake. However, please note, that these assessment determinations must occur after a court hearing to establish a special assessment district.

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 statute 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.

You can contact the County to let it know of any properties it needs to add or remove from the proposed district. Please specify the property that is in question and why you believe it should be removed or added to the district. The County will investigate any properties submitted to it to determine whether they should be in the district on or not.

Please fill out the form on our contact page.