SPECIAL ASSESSMENT DISTRICT

The Four Lakes Special Assessment District (SAD) is an established geographic boundary of waterfront properties along or near the four lakes and “backlot” properties with dedicated (private easement) access. Under Part 307,  a county board may determine by resolution that the whole or a part of the cost of a project to establish and maintain a normal level for an inland lake shall be defrayed by special assessments.

See your Proposed estimated assessment

While the SAD boundaries are final, the assessment methodology is not final and will be updated. 

​Click on the button below to see your parcels on the map and see your tentative annual operations assessment amount.
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Click on the map to find your parcel and see your tentative annual operations assessment.

operations assessment

Starts: August 2022
$200 x other factors
Frequency: Once per year
Pays for: General operations and administration
All information is tentative and subject to change after property owners and the counties review it.
CALCULATE OPERATIONS ASSESSMENT​
Calculate your tentative annual operations assessment amount using the tables and formula below.
​Frontage Factor x Other Factors x $200 = Tentative Annual Operations Assessment​
  • FRONTAGE FACTOR x
  • OTHER FACTORS x
  • $200 = Tentative Annual Operations Assessment
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If you have adjacent parcels or associated parcels in the same subdivision, add the frontage of each parcel to determine your total frontage amount. Use the total frontage amount to determine your frontage factor.
Frontage Amount
Frontage Factor Amount
Less than 300 ft.
1
300-400 ft.
1.1
400-500 ft.
1.2
500-600 ft.
1.3
600-700 ft.
1.4
700-800 ft.
1.5
800-900 ft.
1.6
900-1,000 ft.
1.7
1,000-1,100 ft.
1.8
1,100-1,200 ft.
1.9
More than 1,200 ft.
2
N/A
1
Other Factors
Factor Amount
​Headwater zone (Less than 1 mile downstream of dam)
0.5, 0.75 or 1
​Backlot parcel with private easement/deeded/dedicated access to water
0.25
Cemeteries, schools and parcels associated with another being
assessed within same subdivision
0 
​None of the above/no other factors
1
EXAMPLES

Nick owns waterfront property that's 0.25 miles downstream of Sanford Dam. He has 275 feet of frontage. Nick can expect his annual operations assessment to be $100.
Frontage Factor (1) x Other Factors-Headwater Zone (0.5) x $200 = $100
Jess owns two waterfront properties in the same subdivision on Sanford Lake. When she adds the frontage amount for each property it equals 520 feet. She can expect her annual operations assessment to be $260. 
Frontage Factor (1.3) x Other Factors-None (1) x $200 = $260
Sadie and Melissa own a backlot parcel in Edenville Township. They can expect their annual operations assessment to be $50.
Frontage Factor (1) x Other Factors-Backlot (0.25) x $200 = $50
Ernie owns a waterfront parcel on Wixom Lake with 300 feet of frontage and a backlot parcel in Hay Township. He can expect his annual operations assessments to be $220 for the parcel on Wixom and $50 for the parcel in Hay Township. They'll be assessed separately because they're not in the same subdivision.
Wixom property: Frontage Factor (1.1) x Other Factors-None (1) x $200 = $220
Backlot property in Hay Township: Frontage Factor (1) x Other Factors-Backlot (0.25) x $200 = $50
Winston and Ally own two parcels in Jerome Township. One parcel has 200 feet that front the river. The other parcel is a backlot directly behind the waterfront parcel. They can expect their annual operations assessment to be $200 because if you have two parcels in the same subdivision, you’ll only receive one assessment.
Waterfront parcel: Frontage Factor (1) x Other Factors-None (1) x $200 = $200
Backlot: Frontage Factor (1) x Other Factors-Parcel Associated With Another (0) x $200 = $0
A local cemetery owns 550 feet of waterfront property in Jerome Township. The property owner can expect the annual operations assessment to be $0.
Frontage Factor (1.3) x Other Factors-Cemeteries and schools (0) x $200 = $0

capital improvements assessment

Estimated capital improvement assessments will be determined after the feasibility study is released in May 2021.
Starts: Near the year construction begins
​Ends: 40 years after lake returns
Varies by lake and depends on benefit factors
Frequency: Annual
Pays for: Dam repairs and construction, debris removal, continued operations costs

Four LAkes Special Assessment District faqs

Part 307
What is the role of a Special Assessment District?
​The Four Lakes Special Assessment District is a special public body established by the 2019 Lake Level Order by Midland County Judge Stephen Carras on behalf of both Gladwin and Midland counties in May 2019.

The Four Lakes Special Assessment District consists of lakefront properties as well as backlot properties that have access to the lakes, the boundaries of which were confirmed by the 2019 Lake Level Order after numerous public meetings, and resolutions from the Gladwin and Midland County Boards of Commissioners.

The counties have determined that all costs associated with the maintenance of the legal levels for the four lakes should be financed by special assessments to the benefitted properties within the Special Assessment District. In other words, the Four Lakes Special Assessment District is the source of funding for the maintenance of the lakes. While there can be other sources, such as government, private and public funding, and perhaps hydropower to offset assessments, the Four Lakes Assessment District is considered the primary source of funding to maintain the lakes.
WHO IS IN THE FOUR LAKES SPECIAL ASSESSMENT DISTRICT?
Properties that have access to the lakes through the shoreline, private roads or deeded access. The properties in the Special Assessment District – after public review, notifications and opportunity to appeal – were established in the May 2019 Court Order. 
HOW IS THE AUTHORITY TO ESTABLISH THE LAKES GRANTED?
​All four lakes (Sanford, Wixom, Smallwood and Secord) are “artificial lakes” created by the damming of the Tobacco and Tittabawassee rivers. The authority to “have lakes” is somewhat complicated and involves an understanding of over 100 years of historical information that led to the formation of the lakes and the relationship with the private dam owner.

In May 2019, the Midland Circuit Court entered an order (“2019 Lake Level Order”) establishing the legal levels for each of the lakes in accordance with Part 307, Inland Lake Levels, of the Natural Resources and Environmental Protection Act, 1994 Pa 451, as amended.

Part 307 is the exclusive authority for a county or counties to make policy decisions to ensure the establishment and maintenance of the level of an inland lake.

Midland and Gladwin counties have directed that all costs associated with the maintenance of the lake levels be paid by special assessments. The 2019 Lake Level Order also established and confirmed the Four Lakes Special Assessment District.
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The Four Lakes Special Assessment District is a special purpose public body, and the Four Lakes Task Force is the county delegated authority, acting on behalf of the Four Lakes Special Assessment District. 
What Should Property Owners Know About Part 307?
  • Part 307 provides the legal framework for transferring privately-owned dams to public ownership and a path forward for long-term sustainability of the lakes
  • On May 28, 2019, Midland Circuit Court Judge Carras (on behalf of Midland and Gladwin counties) established the “normal” levels for each of the four lakes and approved the Four Lakes Special Assessment District
  • This was a final order, and anyone distressed by Judge Carras’ order had the right to appeal for 21 days after the entry of the order. There were no appeals of this order
  • Financing for recovery and restoration is not related to the circuit court order. The circuit court has no jurisdiction over the project or project costs
  • The special assessment is a way to fund specific improvements to lands within the Special Assessment District for a specific benefit, in our case the benefit of having lakes
  • The special assessment can be general to all lakes, or lake-by-lake. FLTF is responsible for determining the factors that contribute to the “benefits derived”
  • We have not yet enacted a special assessment on properties within the Special Assessment District
  • In establishing the assessment rolls, Four Lakes Task Force and the counties will follow the process outlined in Part 307 to determine costs and special assessment rolls. This includes property owner notification and a meeting to hear objections, as approved by each of the County Boards of Commissioners
  • All property owners have an opportunity to be heard prior to the final assessment role as well as have the right to appeal
What are the regulations surrounding how the special assessment is distributed?
Part 307 states that special assessments can be determined based on “benefits derived” to the property owner and that FLTF is responsible for determining the factors that contribute to the derived benefits. In general, there is no specific method of allocating the cost of improvements, except that the method selected must be fair, just, equal and in proportion to the benefits conferred. These benefits include factors like frontage, zoning and property use.
​HOW WILL PROPERTY OWNERS’ INPUT BE HEARD?
  • FLTF, through Public Sector Consultants, surveyed residents January-March 2021 about the assessment. See the results here.
  • In February 2022 we will accept public input on the assessments.
  • June-August 2022 property owners will have the opportunity to appeal their assessment.
  • Before any assessment by the Four Lakes Special Assessment District, a computation of costs will be prepared In January 2022 to detail the anticipated costs associated with the maintenance of the legal levels. This will be followed by the “Day of Review” of the assessments.
  • Each property owner receiving an assessment will have the opportunity to be heard at that hearing. Following the hearing, FLTF will submit the assessment roll to the County Board of Commissioners for Gladwin and Midland counties in June 2022. The county boards must then confirm the assessment roll. Property owners will have an opportunity to appeal their assessment (June-August 2022) following the confirmation of the assessment roll by the county boards.
CAN WE HAVE A PUBLIC VOTE ON THE FOUR LAKES SPECIAL ASSESSMENT DISTRICT?
The short answer: No, there is no public vote in connection with the Four Lakes Special Assessment District. In accordance with Part 307, the Counties of Midland and Gladwin decided that all costs associated with the maintenance of the lake levels are to be defrayed by special assessments. To this end, and again, in accordance with Part 307, the Four Lakes Special Assessment District was legally established by Circuit Court order in May 2019. The process for making, levying and collecting special assessments will be similar to the process set forth in the Michigan Drain Code of 1956, Act 40, as amended. Each property owner will receive notice of their assessment, an opportunity to participate in a public “Day of Review” and object, and have a right to appeal the final assessment following the approval of the assessment rolls by each of the county board of commissioners.
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That said, we understand that this is a significant decision for the property owners on the lakes and the counites. In early 2021, the FLTF (through a third party) will be undertaking a survey of residents about the potential assessments and the desire to restore their lakes. The survey and public meetings will take place prior to the formal special assessment process described above. In addition, we will also hold public meetings to obtain property owner input. It is recognized that restoring the lakes has to be affordable for the community and this will be a major factor in the decision on how we proceed.​
HOW DO I APPEAL THE ASSESSMENT?
In accordance with Part 307, the Counties of Midland and Gladwin decided that all costs associated with the maintenance of the lake levels are to be defrayed by special assessments. To this end, and again, in accordance with Part 307, the Four Lakes Special Assessment District was legally established by Circuit Court order in May 2019. The process for making, levying and collecting special assessments will be similar to the process set forth in the Michigan Drain Code of 1956, Act 40, as amended. Each property owner will receive notice of their assessment, an opportunity to participate in a public “Day of Review” and object, and have a right to appeal the final assessment following the approval of the assessment rolls by each of the county board of commissioners.

You have a window to appeal the assessment in steps 4 and 8.
  1. Delegated Authority - Prepares Computation of Cost for purposes of determining costs to be spread, MCL 324.30712. Contingency expenses cannot be more than 15% of the project cost. This will tentatively take place January 2022.
  2. Delegated Authority - Prepares Assessment Roll. MCL 324.30714
  3. Delegated Authority – Prepares, publishes and mails, Notice of Day of Review of the Assessment Roll. MCL 324.30714(2)(a) and (2)(b)
  4. Delegated Authority - Holds “Day of Review” to receive and hear objections to the Assessment Roll. Necessary for someone to appeal their assessment. MCL 324.30714(3).
    1. This “day of review may take more than 1 day; there is a period where you as an individual sit and review and discuss (appeal) your position on the benefit the lake brings to the property.
  5. Delegated Authority – If necessary, revise Assessment Roll (e.g. if someone demonstrates that they do not receive a benefit).
  6. Delegated Authority – Confirms Assessment Roll and transmits same to County Board of Commissioners.
  7. County Board of Commissioners – By resolution approves assessment roll (tentatively June 2022).
  8. Assessment roll with assessments is final and conclusive unless appealed in a court within 15 days after county board approval. MCL 324.30714(4)
Once the assessment amount is established, what is the process for changing it in the future?
If we want to make any major changes to the assessment in the future, it must go through the process again as defined in Part 307.
Assessment Amount
​HOW WILL THE ASSESSMENT BE CALCULATED AND ALLOCATED?
  1. ​Frontage amount. Please see information above.
  2. Other factors such as headwater zones, backlots, cemeteries, etc. Please see information in the section above.
  3. If you have more than one parcel in the same subdivision you will only receive one assessment.
​WHAT COSTS ARE INCLUDED IN ASSESSMENTS?
Costs are categorized in two ways and will be assessed as follows: operations costs and capital improvement costs. 

Operations costs pay for operations and management of the lakes during the transition to their normal levels, emergency repairs, the development of operational plans, and long-term, ongoing operations.

Capital improvement costs are fixed, one-time expenses to make the dams operable (construction and repairs). Payments in connection with capital improvements will not occur until we finalize engineering plans, obtain all permits, receive construction bids, and conduct the Special Assessment hearing. By April 2021 a refined cost and schedule will be determined by lake through the Feasibility Study.

​See the tables above for more information.
WHAT ABOUT 2021 AND BEYOND FOR THE CAPITAL IMPROVEMENT COMPONENT OF THE ASSESSMENT?
  • While the overall project costs will be refined by April of 2021, the capital component of the assessments will not be set to occur until the projects and financing are determined. Timing will be better estimated after FLTF acquires the properties. It is unlikely that this assessment would occur without a determined scheduled of when a lake would come up.
  • These assessments will follow the same process as the Operations Assessment: with a new set of hearings, followed by county approval.
Have property owners paid the special assessment yet or paid for any project costs?
No. As of February 2021, we have not imposed a special assessment on properties within the Special Assessment District. FLTF cannot legally impose a special assessment without first following the procedures outlined in Part 307. No property owners have contributed to project costs through assessments at this point. We do appreciate the support and donations from property owners and others that have allowed us to get this far in restoring the lakes without assessments.
Other/Miscellaneous
WHAT ​AUTHORITY REGULATES DAM SAFETY?
With respect to dam safety, if any of the lakes produce hydropower, then FERC has the authority to require the person who holds the license to address dam safety. If there is no FERC license, the State of Michigan regulates dam safety. In either case, FLTF as the county delegated authority and acting on behalf of the Four Lakes Special Assessment District has the authority to manage the lake levels.
WHAT ABOUT WEEDS?
​Normally aquatic weed management is a responsibility of the Lake Improvement Boards or weed special assessment districts. FLTF will be working with these entities to determine the best path forward to manage weeds and young tree growth during this transition period.

​Read about the latest guidance from EGLE on bottomland vegetation growth:
​WHAT HAPPENS TO THE ASSESSMENT IF I SELL MY PROPERTY?
​Generally, payment of a special assessment is between the seller and buyer of the property. A seller and buyer may choose to structure the purchase agreement so the buyer assumes the special assessments. At times, special assessments are paid in full at the time of sale (meaning the full amount is deducted from the purchase price). 
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Note: This information has been adjusted from prior postings. ​
Will the SAD pay for Flood programs below the Dams?
No, there is a separate program for that which is not under FLTF.  We have had over $2.5 million committed from Midland private funders to FLTF - almost all of this is being used for recovery, flood studies or general funds. We are engaged with Midland groups as needed to be aligned in planning. We have coordinated some funds to put rain and flow gauges in a few rivers outside of the Four Lakes scope which is being funding by government grants and Midland based funding.
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