SPECIAL ASSESSMENT DISTRICT
In 1979, a court order confirmed the boundaries of a lake level special assessment district (SAD). Updates to the SAD are necessary to ensure all properties that benefit from the lake levels are included. The SAD consists of parcels of land along or near Lake Lancer and Lake Lancelot and backlot parcels with dedicated, private easement or deeded access.
The special assessment is a formal funding source for ongoing repairs and future maintenance of the lake level infrastructure.
HOW MUCH WILL THE ASSESSMENT BE?
The special assessment will be a line item on your winter tax bill and will appear whenever costs are incurred. At this time, we are only updating the boundaries of the special assessment district. The next step in the process is to determine the assessment methodology (how much each property owner pays).
SAD PROCESS
Lake Level Order
Court hearing to amend lake level order
Engineering
Finalize engineering of lake level project and obtain project bids
Financing
Prepare special assessment roll and computation of costs then hold a special assessment hearing and get county board approval
Construction
Begin construction and repairs on the dams
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What is a special assessment?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.
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What is Part 307?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.
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What is Part 315?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).
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Why is the delegated authority updating the lake level special assessment district?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.
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Why is the County updating the special assessment district now?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.
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How much is the assessment?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.
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How will the County consider affordability of lake level assessments?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.
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Does the public get to vote on this?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.
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What is a legal lake level?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).
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Will the water levels of Lake Lancer and Lake Lancelot change?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:
PART 307
LAKE LEVELS
A 1970 court order set the legal summer and winter levels for Lake Lancer and Lake Lancelot under Part 307, Inland Lake Levels, of the Natural Resources and Environmental Protection Act, 1994 Pa 451.
Lake Lancer
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Summer: 840 feet above sea level
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Winter: 839 feet above sea level
Lake Lancelot
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Summer: 845 feet above sea level
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Winter: 844 feet above sea level
In 2018, the Gladwin County Board of Commissioners passed a resolution stating that the Sugar Springs Lake Authority Board will serve as Delegated Authority for the lakes.