Permitted/Non-permitted Activities under Act 200

This public notice is published in the local newspaper to educate the public on activities that require permits to be issued from the Road Commission. 

                                            P U B L I C       N O T I C E

In accordance with Act 200 of the Michigan Public Acts of 1969, any activity or use of county road right-of-way other than for highway travel purposes and maintaining natural vegetation requires a right-of-way permit from the Road Commission. A completed right-of-way permit may be required before the township will issue a land use permit. Please allow five workdays for processing the permit. The contractor performing the work must have a valid certificate of insurance on file with the Road Commission before a permit will be issued. A permit application or schedule of fees for right-of-way permits and land division reviews may be obtained through the Road Commission.

Permits are Required to:

* Build a new driveway

* Utility installations

* Upgrade an existing field drive to residential use

* Seismographic exploration

* Upgrade an existing residential drive to commercial use

* Overweight transport

* Oversize transport

* Reconstruct, pave or place concrete on an existing driveway

Standard mailboxes are allowed in the road right-of-way without individual written permits. Mailbox posts must be at least eight (8') feet off the paved road surface or placed with the front of the box one (1’) foot behind the edge of the paved or maintained five (5') foot shoulder. Post size is critical to roadway safety and may not exceed 4" x 6" for wood or 3 lb/ft for steel. Multiple mailboxes shall not be placed on planks or structures. All mailboxes, particularly those that are oversized and decorative, and posts are placed at the owner's risk and are maintained and/or replaced at the owner's sole expense. 

Permit applications, mailbox installation instructions and standards for working within the right-of- way are available at the Road Commission office at 1881 LaFranier Road, Traverse City, MI 49686 or at the Grand Traverse County Construction Code Office, 2650 LaFranier Road, Traverse City MI 49686.

Activities in Road Right-of-Way which are NOT permitted:

** Filling of roadside ditches with dirt, leaves or debris

** Planting of trees, shrubs, seedlings or bushes of any kind

** Construction of a retaining wall or culvert head wall along the side of a driveway.

** Placement of any type of fence

** Placement of rocks, boulders or earth berms

** Placement of political, real estate, garage sale or other unauthorized signs, particularly at intersections, railroad crossings, driveways or locations where visibility may be obstructed or a driver's attention distracted. Contact your township for setback distances from the right-of-way and other requirements for signs.

** Any other encroachment considered potentially hazardous by the Road Commission

Lawn Watering Sprinkler Systems

The Road Commission will not issue a permit for the placement of an underground sprinkler system within the road right-of-way. If they are placed within the road right-of-way, the following shall apply:

** The property owner is responsible for any damage or removal caused by Road Commission activities or activities permitted by the Road Commission. These activities may consist of ditch line reconstruction, roadside mowing, sign installation, shoulder grading or utility installation.

** Sprinklers shall not water curbs, saturate the road grade or discharge flow onto the traveled portion of the road.

** Any contractor or individual installing a sprinkler system in county road right-of-way will assume all liability for any incident arising from the installation or the operation of the system.

Reviews for Dividing and Selling Land

Property owners applying for a parcel division under the Land Division Act are required by Act 591 of PA 1996 to comply with the location standards of the County Road Commission. The purpose of this review is to determine if the proposed parcels have adequate sight distance for safe ingress to and egress from the public roadway. This review is separate from the process of obtaining driveway permits and may delay development of a parcel if not completed prior to applying for township approval of the division. Questions concerning Land Divisions should be directed to the Traffic Services Supervisor at (231) 922-4849, extension 205, or Surveyor, extension 210.

Your cooperation will help keep our roadways safe for vehicle traffic and reduce the future maintenance expense on our county road system. If you have any questions or need additional information regarding permitted activities in the road right-of-way, please contact the Traffic Services Supervisor at (231) 922-4849, extension 205.