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Craig Cotterman, Petitioner V Roscommon County Board Of Commissioners, Respondent · 24-003609-TT

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GRETCHEN WHITMER 

GOVERNOR 

STATE OF MICHIGAN 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

LANSING 

RECEIVED 

JUL 08 2024 

MICHIGAN TAX TRIBUNAL 

MARLON |. BROWN, DPA 

DIRECTOR 

PROPERTY TAX APPEAL PETITION FORM 

SPECIAL ASSESSMENT 

Section 1: Petitioner’s Contact information 

989-366-8220 

First Name 

M.IL 

Last Name/Company Name 

Craig 

Cotterman 

Mailing Address (No., Street, P.O. Box or Rural Route) 

413 Old Trail Dr. 

City or Town 

State 

ZIP Code 

Houghton Lake 

MI 

148629 

Telephone Number 

Fax Number 

cecotterman@hotmail.com 

E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) 

Section 2: Petitioner’s Attorney/Authorized Representative’s Contact Information 

1 

First Name 

M1 

Last Name 

Firm Name (if any) 

Address (No., Street, P.O. Box or Rural Route) 

Ii 

104 

1 

City or Town 

State 

ZIP Code 

Telephone Number 

Fax Number 

E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) 

Section 3: Subject Property Information 

How many 

parcels are you 

appealing? 

Ono 

[wa 

Yes* 

If you are appealing more than one parcel, are they contiguous or adjoining? 

*If yes, use a multiple parcel form for information regarding any contiguous parcels. 

**If no, you must file separate appeals for each non-contiguous or non-adjoining parcel or you will be defaulted. 

Property Address (No., Street, City, ST, ZIP) [If multiple, list first property’s address]

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON i. BROWN, DPA 

GOVERNOR 

LANSING 

DIRECTOR 

Section 4: Explain the Reason for this Appeal 

The intent of Roscommon County is to use this Special Assesment to increase the 

Houghton Lake legal lake level. The consequences will decrease my property values, 

destoying the lake shore, and property, inflicting pain and suffering to my family. 

Please see Attached 

Section 5: Jurisdictional Issues 

Did you protest the special assessment at the hearing held to confirm the spacial assessment roll? 

Yes 

|] No 

if Yes, what was the date of the hearing held to confirm the special assessment rofl? 

6-17-2024 

H No, explain: 

Fee Information: 

A fee of $100.00 is required for the filing of a Spacial Assessment Appeal. 

Signature required 

Potiti 

Attorney/Authori 

pregsntative’s Signature: 

ist 

Bo) 

2

ROSCOMMON COUNTY BOARD OF COMMISSIONERS 

| 

HOUGHTON LAKE ~ LAKE LEVEL 

i 

RESOLUTION NO. 

WHEREAS, the Roscommon County Board of Commissioners (the “Board”) and its 

Delegated Authority have jurisdiction to maintain the normal lake levels of Houghton Lake under 

Part 307 of the Natural Resources and Environmental Protection Act, Act 451 of 1994, as amended 

(“Part 307”); and 

" WHEREAS, a special assessment district was established by the Roscommon County 

Circuit Court for Houghton Lake, located in Denton, Lake, Markey, and Roscommon Townships, 

Roscommon County, Michigan under Part 307; and 

WHEREAS; the Delegated Authority held a public hearing on May 23, 2024 to review the. 

computation of costs of a lake level project and a corresponding special assessment roll consistent 

with the requirements of Part 307; and 

WHEREAS, following the public hearing, the Delegated Authority made revisions to the 

special assessment roll. MCL 324.30714(3); and 

WHEREAS, 

the 

Delegated 

Authority 

presented 

the 

special 

assessment 

roll “and 

computation of costs to the Board at its meeting on June 12, 2024; 

WHEREAS, following the June 

12, 2024 meeting, the Delegated Authority made 

additional revisions to the special assessment roll. See MCL 324.30714(3); and 

WHEREAS, the Delegated Authority approved the revised special assessment roll and 

computation of costs and presented said special assessment roll and computation of costs to.the 

Board for final approval at its special meeting on June 17, 2024; and 

WHEREAS, the Board has reviewed the computation of costs and special assessment roll 

presented by the Delegated Authority; and 

WHEREAS, MCL 324.30722(4) requires annual expenditures of over $10,000 to be 

approved by a county board of commissioners; and 

WHEREAS, the Board previously approved annual expenditures of over $10,000 for 

activities to maintain the normal levels of Houghton Lake and now finds it necessary to re-affirm 

said approval.

NOW, THEREFORE, BE IT RESOLVED: 

I. 

Computation of Costs & Special Assessment Roll. The Board approves the computation 

of costs of the lake level project and the special assessment roll as presented by the 

‘Delegated Authority and attached to this Resolution. The special assessment roll with the 

‘assessments listed shall be final and conclusive unless appealed in a court within 15 days 

of the adoption of this Resolution. MCL 324.30714(4). The Roscommon County Clerk 

shall forward to the Delegated Authority a copy of this Resolution so that action can be 

instituted by Roscommon County in an expedient manner. 

Over $10,000 Expenditure. The Board approves annual expenditures of over $10,000 for 

activities to maintain the normal levels of Houghton Lake, including the maintenance and 

repair of lake level infrastructure. This express authorization to spend more than $10,000 

annually shall authorize annual expenditures of over $10,000 for all years in which work 

for the activities authorized herein continues to occur. The expenditures authorized herein 

shall not exceed the amount of the computation of costs of the lake level project without 

prior approval of the Board. 

Previous Resolutions. All resolutions and parts of resolutions insofar as the same may be 

in conflict herewith are hereby rescinded. 

* RESOLUTION approved this 

day of 

» 2024, by the Roscommon 

County Board of Commissioners. 

Ths 

Re sorotrons. as aT 

| art 7%. e122. 

SQccie- 

{ 

Thereby certify that the above resolution was adopted 

© 

at a meeting of the Roscommon County Board of 

Board reds “7 

--- 

Commissioners on the 

day of 

, 

Ass. Ceol, ye ast dh 

at the. begun Evel 

2024. 

Michelle M. Stevenson, Roscommon County Clerk 

Lt 7-24 goal weet ong ir 

us 

hooded WH. rie 

aT

| fake levels 

CL 

Parcel 

- 

Proposed Assessment 

COTTERMAN CRAIG E & SALLY J & 

Number 

Installments 

411 OLD TRAIL DR 

003-670-020-0000 

3 

HOUGHTON LAKE Mi 48623 

Estimated Total 

Estimated Annual 

Assessment 

oo 

Assessment 

THIS ISNOT A BILL 

$302.12 

(Principal Onl, 

Special assessments will appear on winter 

$100.71 

tax statements. Please note that the figures 

to the right are ESTIMATES. 

HOUGHTON LAKE — LAKE LEVEL DISTRICT 

NOTICE OF PUBLIC HEARING TO REVIEW 

SPECIAL ASSESSMENT ROLL AND PROJECT COSTS 

DATE: 

Thursday, May 23, 2024 

TIME: 

5:00 p.m. 

LOCATION: 

Houghton Lake High School 

: 

4433 W Houghton Lake Drive 

* Houghton Lake, MI 48629 

QUESTIONS: 

(989) 315-7171 

’ 

roscommoniakelevels@gmail.com 

Tentative assessment factors and_estimated assessments are alse 

available at roscommonlakelevels.net or by scanning fhe QR code. 

PLEASE NOTE THAT THE PUBLIC HEARING WILL ADDRESS THE SPECIAL 

ASSESSMENT ROLL AND PROJECT COSTS ONLY. Any questions or comments related 

 should be directed to (989) 315-7171 or roscommonliakelevels@gmail.com.

Objections to Special Assessment/Cost 

Appearance and protest at the hearing is required i in order 

to appeal the amount 

of the proposed 

* 

special assessment. Any person or local unit of government objecting to the assessment 

roll shall: 

*(1) appear at the above stated time and/or file his or her objection in writing with the Delegated 

Authority by no later than the close of the hearing; or (2) file an appearance and protest by letter 

addressed to the Houghton Lake Delegated Authority, 500 Lake Street, Roscommon, MI 

48653, which if received by the Delegated Authority by no later than the date of hearing, no 

personal appearance at the hearing is required. The Delegated Authority will maintain a record of 

parties who appear to protest at the hearing. If the hearing is terminated or adjourned for the day 

before a party is provided 

the opportunity 

to be heard, a party whose appearatice 

was recorded will 

be considered to have protested the special assessment in person. 

‘The special assessment 

roll shall be final and conclusive unless appealed 

in a court within fifteen 

(15) days after approval of the special assessment roll by resolution of the Roscommon County 

Board of Commissioners. Please review MCL 324.30714(4) for information related to lake level 

assessment apipeals. 

Meeting Accommodations 

Persons with disabilities needing accommodations for effective participation in the meeting should 

call (989) 315-7171 or utilize the Michigan Relay Service at 7-1-1 (TDD) at least 24 hours in 

advance of the meeting to request mobility, visual, hearing, or other assistance. Minutes of the 

meeting will be on file at the Roscommon County Equalization Department.

Continuing Protest To The Houghton Lake Lake Level Special Assessment 

Craig Cotterman 

413 Old Trall Dr. 

Houghton Lake ML 

Prop # 003-870-012-000 

Prop # 003-670-020-000 

Ce often neon A [not (en \ 

Cammy 

5/19/2024 

My Protests are: 

1 

| am against all Houghton Lake Lake Level increases. Enclosed is 

Exhibit A filed in County of Roscommon 34th Circuit Court on 

12/8/2022. Over 2 years have passed, with continuing lawsuits and 

legal actions against Roscommon County ,pertaining to lake levels 

(illegally banking water) and the controversial manipulation of the 

Roscommon Counties Special Assessment Districts Exhibit B. 

2.Roscommon County intends to use special assessment funds to 

increase the lake levels. Exhibit B stated: The Board of Commissioners 

will require a petition of 24 of the owners of lands abutting the lake 

before entering into the process. Exibit C the ,county is using special 

assessment funds to orchestrate a lake level increase.

adjustments and normal lake levels, not legal lake levels. The county is 

conspiring to raise the lake level of Houghton Lake. 

4. We live in a low laying windswept shoreline in the floodplain that is 

frequently inundated by storm driven tides. When the floods come, any 

increase in lake levels increases the damage to my property. We have spent 

tens of thousands of dollars in repairs and flood-related erosion controls. Our 

family lives in fear of the flooding caused by this county. These special 

assessment districts are engaged in environmental terrorist activities inflicting 

widespread pain and suffering throughout this community.

© 

Exhibit A

STATE OF 

GAN 

IN THE 34® CIRCUIT COURT FOR THE COUNTY OF ROSCOMMON 

NOTICE OF HEARING TO AMEND LAKE LEVEL ORDER - HOUGHTON LAKE 

To Whom It May Concern: 

NOTICE IS BEREBY GIVEN that a petition dated August 11, 2022 was filed with the 

Circuit Court for the County of Roscommon to amend the lake level order for Houghton Lake with 

the primary purpose to establish the boundaries of a lake level special assessment district. 

. 

NOTICE IS FURTHER GIVEN that the Roscommon County Circuit Court will review 

the petition on October 14, 2022 at 9:00 AM in the courtrooms located at 500 Lake Street, 

“Roscommon, MI 48653-7690, to receive evidence to amend the lake 1ével order for Houghton 

Lake, located in Roscommon County, Michigan, consistent with the provisions of MCL 

324.30707. 

NOTICE IS FURTHER GIVEN that the public may submit written testimony and 

provide evidence regarding the petition and this matier to the Court. Moreover, the public may 

also attend the hearing at the time and location above to provide oral testimony and/or evidence. 

Tlie Court will accept wriiten testimony and evidence addressed fo 300 Lake Street, Roscommon, 

MI 48653-7690 with the subject-line “Houghton Lake — Lake Level Hearing (Case No. 22- 

726003-C7).” Please call the Court’s telephone number underlined below with any questions 

regarding submitting written materials. 

For Additional 

Public Information, 

Doc 

and 

to 

Frequently 

Ask 

ions 

ing 

the Hearing. 

Ple 

sit 

or Contact the 

Below 

Website: https://www.roscommounlakelevels.net/ 

Email: roscommonlakelevels@omail.com 

Phone: 989-315-7171 

FAQs: htips://www.roscommonlakelevelsnet/fags 

NOTICE IS FURTHER GIVEN that persons with disabilities who may require’ 

accommodations to attend the hearing should contact the Court by telephone at 989-275-8021 

direct all other inquiries to the other 

phone nambers on this notice) or by using the 

| 

Michigan Relay Service at 7-1-1 (TDD) at least 24 hours in advance of the hearing to coordinate 

accommodations. All property owners affected may participate in this hearing by either submitting 

written testimony and/or evidence for consideration by the Court or by attending the court hearing

rie 

{ 

" Second Response to the Notice to Amend Lake Level Orders 

Submitting Written Materials Case # 22-726003-CZ 

Craig Cotterman 

- 

413 Old Trail Dr. 

= 

Houghton Lake Mi,48629 

“ 

Prop. #: 003-670-019-000 

Prop. #; 003-670-019-000 

Ps 

| am submitting materials regarding the Hearing to Amend Lake Level Orders. 

| am also 

resubmitting written materials that 

| handed in at the last Hearing 

, held 10-13-22. | was under 

jose, 

the impression that after making a brief statement directed toward the judge, then handing in 

Aa 

these written materials, that | was submitting evidence on my behalf. 

3 ~v 

My continuing Concerns following the 10-13-22 Lake Level Hearing: 

= 

There are two very different and distinct issues that are being brought forth at this time. The first 

is the repair or replacement of the dam. The second is what the legal lake level should be and 

why the current court order needs to be amended. It is obvious that the dam needs repair, and a 

special assessment may be needed to pay the costs. The Amendment to change a Legal Lake 

level and this process should never be funded by a special assessment. 

lt is not clear that the 

lake level needs to be amended and it is not clear that the amendment will benefit the 

community. Is it clear the amendment will protect the natural shoreline initiative and the healthy 

ecology of our lake? Has the county brought forth any evidence regarding the need to amend 

the lake level? | have yet to find any. 

I believe the intent of the county is to increase the legal lake level of Houghton Lake. The lake 

level has always been a political issue. The county commissioners listen to their political 

constituents, and the squeaky wheel gets the grease. There is likely a voting majority that wants 

more water in lake especially during a drought. That is why the county commissioners bank 

water, banking water is stopping the flow from our dam before we get fo the legal summer level 

of 1138.1. 

In most instances,boards that restrict the discharge are in place 6 to 10 inches above 

the measured court legal level. Their intent is to disregard what is legal, looking to gain political 

favoritism from the boating dollar. Attached is lake level data from the USGS service. The 

overview from this attachment is for the past ten years 

, summer levels average approx 6 inches

g 

DU 

. 

Days before today: 

| 5000 

| 

HT CE TL PAR A A SIT 

TT 

2 

T

Gage height, ft @ 

Lee yen. 

Flood 

E

14 38,60 

Legal 

rics 

W3Tk 

Apt 2010 

Apr 2012 

Mar 2014 

Mar 2016 

Feb 2018 

Feb 2020 

drag handles to change timeframe 

Apr 2010 

Apr 2012 

Mer 2014 

Mar 2016 

Feb 2018 

Feb 2020 

Current: 

«= Approved 

Provisional 

-= Estimated 

Equipment Malfunction 

. Median: 

+. 1976-2021

1A at 

Response to the Notice to Amend Lake Level Orders 

- Craig Cotterman 

413 Old Trail Dr. 

Houghton Lk. Mi 48629 

Prop #: 003-670-019-0000 

Prop# : 003-670-020-000 

My concerns are as follows. 

1. 

| am currently confused as fo what is going on. | am not aware of the petition , as 

it pertains to our legal lake levels. Is this change temporary due to the 

construction of a new conirol structure? Is the intent 

to raise the current Summer 

Lake Level of 1138.17 

My family and | live on the east shore of Houghton Lake and have lived here and 

had our vacation cottage for 70 + years. Our property is alway subjected to 

floods, high wind and waves, ice push and wind driven tides. 

We continue to find it necessary to fortify our shore line, cement bulkheading and 

large stones. The entire shore line is now mostly seawalled. The Houghton Lake 

shore line that should be an ecological tribute to the health of our lake, is a war 

zone. 

The top of our seawall is 1140 ft above sea level. The 100 yr. Floodplain 

elevation for Houghion Lake 1139.6 { aitached floodplain # 12-72-0004). The 

elevation of the bottom of my craw! space foundation is close to 1139, likely abit 

less. The crawl is at times wet to flooded.We keep sand bags, sump pumps and 

hose on hand. And these are used quite frequently . 

* The current 100 yr Floodplain elevation creates a dangerous, threatening and 

misleading interpretation of the facis. The 100 yr floodplain elevation of 1138.6 is 

an elevation you would expect to occur every 4 to 7 years ( attached USGS lake 

gauge data). 

Any attempt to raise lake levels will cause a significant hardship to my family, the 

value and destruction of our homes and the fear these floodwater bring. 

There is a significant amount of data pertaining to legal water levels, and the

TETANY 

Lal Sg 3 

CC pEDTETEMED ARISE PROBE NUCITY CCISITTRAARTVCY 

| ASOT 

ros. 

LJ 

. 

hd 

SE 

et 

SYATR 

OF MICHIGAN 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

DES 

LANSING 

DAN WYANT 

[Lo 

March 22, 2012 

211 W. Wel Branch 

Roed 

: Prugenville, Mi 48051 

SUBJECT: 

Flosdpleln Seivice Number: 12-72-0004-FP 

Roscommon County 

Laks St. Halen, Laka James, Higgins Lake and Houghton Lake 

kyo forgo Meh 21,2012 sito loca) sghton Lalo br 1100p 

foo- 

yosr 

oi 

Jamas 

Is $165.6 fool and Laks 8t, Helan fs 1157.2 fect NAVD 88 Datum, Thess 

ans the 

elevations shown on the teently pubfshed Flood lnsurancs Rate Maps for Roscommon County. 

The Michigan Rissldantlol Bulding Code requires that the lowest floor {Including basements) be 

olovalod at least one foot shove the design flood love) (normally th 100-yaar lcvation) ike 

residential structures may ba elevated or dry fleodprasfod, Enclosad space below tha 

100-yaar floodplain elovation, such a6 2 ofaw] space, must be designed 1d automatioslly 

equuiizo 

{ata forcas an exterior 

wells). Propar epforcoment 

of the buliding code 

standards Is a prerequicits of ihe community's parlicipeiion In the NFIR, 

{0domly ovwed moray foams ps chasad a8 4 condlon of oblong a con 

duraly 

Insured mortgage In faderally lontiflad 00-year floodplain avons, 

Insurance 

miss 

60 voy igh for nw conan 

1 

eat a 

cc Soodplin roca, Ineuren 

Thin lelter doas nol olwinte the need for any other Stats, Federal, or luca! permits which may ba 

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2848 

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2882 

2842 

2843 

2043 

2044 

2884 

245 

2645 

« Hedian 

daily statistic {33 years} == Period of approved data 

—— 

Gage height 

. 

=m period 

of provisional data 

Graph courtesy of the U.S. Geological Survey

Pagelofl 

USGS 442400084472801 HOUGHTON LAKE NR HOUGHTON LAKE HEIGHTS, MIf° 

18.88 

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Apr 

Jul 

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Jan 

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Jul 

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Jan 

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— 

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w= Period of provisional 

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. 

=» poriod of approved 

data 

.

oo Echols: f B

© comm 

Michael Smolka 

Author 

¢ 

!isten to public commgnt at 

AY; 

52:45. "IF" it's true tat, the 

rice, a protected specie See 

more 

15h 

Like 

Reply 

Edited 

& David Bisbeer... 

- 1Reply 2h 

5 

Write a com... 

{V3 

§> James Munger 

vos 

2d-@ 

@ James MungerfZRoscommon 

” 

USCG Auxiliary Flotilla 091-26- 

03 - Houghton Lake, Michigan 

Admin 

Top Contributor 

- 2d 

- & 

From the Roscommon County Board of 

ommgsionars 

’ 

April 10, 2024 

Dear Residents and Visitors of 

Houghton Lake: 

The current legal summer and winter 

levels for Houghton Lake were 

established on February 24, 1982 by 

Circuit Court Judge Carl L. Horn. 

Specifically, Judge Horn ordered “that 

the legal level of Houghton Lake, 

Roscommon County, Michigan” 

in November and restoring six inches 

; 

of water in April was legally assigned to 

the Roscommon County Board of 

h 

Commissioners. 

Data showing a practice of retaining 

water above the legally established 

level can be tracked as far back as 

1982. This practice, referred to as 

‘banking water’, kept the summer water 

levels of Houghton Lake 4 to 8 inches 

above legal level. This water height, not 

in compliance with the court order, is 

what most residents and visitors of 

Houghton Lake believed to be the legal 

level. Docks, hoists and recreation 

equipment were purchased and placed 

based on an elevated level and little 

complaint was heard from landowners. 

On March 17, 2022 the Michigan Court 

of Appeals rendered a decision in 

Citizens for Legal Levels v Roscommon 

County Board of Commissioners that 

stated "The 1982 court order sets the 

legal levels and no explicit deviation or 

fluctuation was permitted.” While this 

case is specific to Higgins Lake, the 

Court of Appeals findings are 

"applicable statewide to any inland lake 

with similar legal level language: 

The Roscommon County Board of 

Commissioners recognized the 

importance of this ruling; intentionally 

retaining water above the legally 

established level is non compliant with 

State law and legal findings. Levels on 

Houghton Lake, and all inland lakes of 

the county, began to be managed as a 

daily goal to be met but not exceeded.

conaitions. 

The Board of Commissioners 

understands inat there may be 

residents that find the current legal 

level unsatisfactory and may wish to 

pursue a higher legal lake level. The 

Board of Commissioners will require a 

petition of 2/3 of the owners of lands 

abutting the lake before entering into 

this process. Part 307, Inland Lake 

Levels, of the Natural Resources and 

Protection Act, provides direction on 

this process. The petition would then 

be submitted to the Board of 

Commissioners for review and 

discussion. 

Thank you, 

Roscommon County Board of 

Commissioners 

jolie 

2 comments 

Like 

{7 Comment 

[2 Send 

Michael Smolka 

} think it was a typo in the 3rd 

paragraph, non compliant { 

not complaint}. 

: 

cu 

hike 

Reply 

eo Michael Sm... 

- 7 Replies 2h 

& 

Writeacom... 

BZ 2 

|

E xn. kd <

NOTICE OF PETITION TO AMEND AND INCREASE SUMMER 

LEGAL LAKE LEVEL ORDER FOR HOUGHTON LAKE 

Why am 

[ receiving this nofice? 

You 

are receiving 

this notice because you 

are the owner(s) of land abutting Houghton 

Lake in Roscommon County, Michigan. 

What is a legally established lake level? 

Part 307 

of the Michigan Natural Resources 

and 

Environmental 

Protection 

Act 

allows 

circuit courts to establish lake levels for inland 

lakes to, among other things, benefit property 

owners and preserve natural resources. 

Houghton Lake has a court ordered summer 

lake level under Part 307 of 1138.1 above sea 

level, and a winter level of 

1137.6. 

What is defined as "owner of land abutting" 

Owning property that directly touches the 

water's edge. This is also commonly known as 

being riparian. This includes both lake front 

property and canal front property. 

Will this impact the level of Houghfon Lake? 

No. The intent of the lake level petition is nef to 

impact the level of Houghton Lake. 

The proposed amendments would 

revise the 

established normal 

lake 

level 

fo reflect the 

level 

that has been 

historically maintained. 

Why does the lake level need fo be revised? 

In 2022, Michigan Court of Appeals decided in 

“The Roscommon Board of Commissioners 

recognized the importance of this ruling; 

intentionally retaining "banking" water 4 fo 8 

inches above the legally established level is 

non compliant with State law. 

A common 

practice which has been done dating back 

to 1982. So starting in 2022, the lake level on 

Houghton Lake, and all inland lakes in the 

county, began to be managed as a daily 

goal to be met but not exceeding the level of 

1138.1, which was not what the public was 

accustomed to, for the past 40 years. 

How does fhis pefifion work? 

1) 2/3's or more of all "owners of land abutting” 

Houghton Lake need to sign this petition to 

amend the legal level to be changed. 

2) Then, the petition will be presented to the 

Roscommon Board of Commissioners. 

3) The board then passes a resolution to 

initiate the proceedings, possibly including 

a study on any impacts for this change. 

4) The board directs their legal counsel fo 

petition the circuit court for a hearing and 

determination. 

5) The circuit court then holds a hearing on 

the recommendations of the board. 

How much will this cost me? 

Nothing. This petition is being funded by

C 

PETITION TO THE BOARD OF COMMISSIONERS ROSCOMMON 

COUNTY 

1 (we), the undersigned, being owners of land abutting Houghton Lake, Roscommen County, Michigan. 

A lake occupying all or portions of Denton Township, Lake Township, Markey Township, and Roscommon Township. 

Therefore, do hereby petition your honorable body to take the following action as provided by Part 307, Inland Lake 

Levels, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended. 

1) 

That the current summer legal lake level of 1138.1 feet above sea level set in 1926, is unacceptable. 

| (we) 

request this summer legal lake level be increased to the level we have been accustom to for the past 40 years 

when bank of water above the legal level was acceptable practice. 

2) 

Request the winter legal lake level of 1137.6 remain in place. But the start of the winter legal lake level, change 

from November 1% to September 15™. To allow more time for the lake to reach the winter draw down level 

before the ice forms. 

Anstructions: 

1) Each signer must sign and print his or her First and Last Name. 2) Each signer must date his or her 

signature. 

3) Each signer must enter his or her full address. 4) ALL record owners of a parcel of property must sign for 

that parcel to be counted toward the 2/3 percentage (Including both husband and wife). 5) Properties held in trust 

must be signed by the Trustee(s). 

6) If you have more then 2 registered owners on a property, print an extra petition. 

7) 

If you do not wish to sign the petition: please still mall back this form without signatures, write the word “NO” instead. 

Printed Name: 

Address: 

Signature: 

Date: 

Printed Name: 

Address: 

Signature: 

Date:

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FREQUENTLY ASKED QUESTIONS 

Lake Level Special Assessment Public Hearing 

Why did 

I receive this notice? 

You received this notice because you own land 

within the lake level special assessment district 

that was established by the Roscommon 

County Circuit Court for maintaining and 

operating the legal lake level. 

) 

What is a special assessment district? 

A lake level special assessment district is an 

area of land designated to receive special 

assessments for particular benefits it receives 

from certain public projects. 

Will the public hearing address the lake 

level? 

No. The public hearing will address the 

assessment roll and project costs only. Any 

questions or comments regarding the lake 

level should be directed to (989) 315-7171 or 

roscommonlakelevels@gmail.com to be 

shared with the Roscommon County Board of 

Commissioners. Additionally, a Houghton Lake 

Advisory Board was created to provide input to 

the Delegated Authority regarding the legal 

lake level. 

Do Hhave to attend the public hearing? 

You are not required to attend the public 

hearing, however you must protest in person or 

by writing in order to reserve your right to 

appeal the proposed special assessment. 

What is my assessment amount? 

How are assessments determined? 

The assessment methodology assigns factors 

to each parcel based on its access and 

property type. A typical lakefront residential 

parcel with at least 12 feet of lake frontage is 

“assigned a total assessment factor of 1.00. A 

typical indirect access residential parcel with 

an access point with at least 12 feet of frontage 

is assigned a total assessment factor of 0.50. 

When will 

| receive a bill for the lake level 

special assessment? 

Lake level assessments appear on winter tax 

bills and are only levied when costs are 

incurred for the maintenance of the lake level. 

The current assessment will be spread over 

three years. The first annual installment will be 

a line item on the 2024 winter tax bill. 

Can 

| prepay my assessment? 

You will have the option to prepay your 

assessment in full to avoid interest. Information 

regarding the final interest rate, total 

assessment amounts, how to prepay, and the 

deadline for prepayments will be posted on 

roscommonlakelevels.net when it becomes 

available: Please continue to monitor the 

website for more information. 

How can 

| get more information? 

Please visit roscommonlakelevels.net for 

more information. You may also email 

roscommonlakelevels@gmail.com or call

Exln ot L

ROSCOMMON 

COUNTY 

h 

August 25, 2022 

Houghton Lake Community — 

On behalf of Roscommon County as the delegated authority, I'm reaching out to inform you that the Roscommon 

County Board of Commissioners has passed a resolution to begin the process of establishing a lake-level special 

assessment district for Houghton Lake. Your property is currently under consideration for inclusion in the special 

assessment district because you have some form of legal access to the iake (e.g, lakefront, deeded, dedicated, etc.). 

This assessment district is intended to finance critical improvements to the Houghton Lake dam and the future 

maintenance of the legal level of the lake. 

TTT 

—— 

—7 

Built in 1938, the Houghton Lake dam, located on a tributary that emerges from North Bay Houghton Lake, is 

responsible for maintaining the lega! lake level, which was established by a Roscommon County Circuit Court order in 

accordance with Part 307 of Public Act 451 of 1994. Since that time, Roscommon County has paid for the operations 

and maintenance of the dam out of the County's general fund. Over the years, the infrastructure of the dam has 

deteriorated and is now in need of major repairs. Additionally, operation of the dam gates is labor-intensive, unsafe and 

susceptible to tampering. 

On October 14, 2022, there will be a public hearing at the Roscommon County Circuit Court to establish the boundaries 

of the special assessment district. In the coming weeks, you will receive the formal hearing notice. The notice will also 

be posted on the new Houghton Lake Level website at roscommonlakelevels.netand in the local newspaper, the 

Houghton Lake Resorter. 

You can view a map of the proposed boundaries of the 

¢ 

special assessment district on the Houghton Lake Level website. 

| If 

you notice a property that's not in the special assessment district that you believe has lake access, please let us know by 

filling out the contact form on the website. Below are some common questions about this process: 

What's the outcome of the hearing? 

The objective of the hearing, scheduled for October 14, 2022, at 9:00 a.m., is to establish which properties wil be 

included in the special assessment district. This hearing will NOT determine the financial share of any future 

assessments/apportionments. 

How can 1 learn more about the process? 

On Thursday, September 8, 2022, at 6 p.m. EST, we will host an informational webinar about the special assessment 

district to explain the project in further detail and share the process. Register for the webinar at_https://bit.ly/3TatRW6. 

Please visit roscommonlakelevels.net to learn more and read through the flyer included in this envelope. 

As the Michigan Department of Environment, Great Lakes, and Energy (EGLE) revisits rules and regulations surrounding 

dams, now is the time for Houghton Lake to modernize the dam to ensure safety and provide a reliable lake level for

Houghton Lake 

Lake Level Special Assessment District 

Modernizing the Dam for Safe Operations 

and a Reliable Lake Level

What Is a Special Assessment 

District? 

To defray the cost of updating and repairing 

the dam, the County will be asking the court to 

establish a special assessment district that will 

finance improvements to the dam and the future 

maintenance of the legal level of the lake. 

According to Part 307, Inland Lake Levels, of the 

Natural Resources and Environmental Protection 

Act, 1994 Pa 451, the Roscommon County Board of 

Commissioners has authority to pass a resolution 

stating that the cost to maintain a lake level 

structure can be defrayed by a special assessment 

against property owners who benefit from the 

lake/bodies of water when costs are incurred. The 

assessment will be an annual cost that appears 

on the property owner's property tax bill after the 

assessment has been established. The Roscommon 

County controller is the delegated authority for the 

special assessment district. 

Properties Included in the 

Special Assessment District 

Privately owned parcels of land, subdivisions and 

state-owned land with access to Houghton Lake 

and benefit from the lake level will be in the special 

assessment district. This will also impact local units 

of government. 

This includes: 

Waterfront Lots | Non-waterfront Lots 

| Residential 

Lots | Condos & Apartments 

| Hotels | Cabins 

| 

Mobile Homes | Campgrounds | Commercial Lots 

State-Owned Land 

Quick Facts 

| 

Process for Establishing a Lake 

Level Special Assessment District 

The Roscommon County Board of Commissioners 

passed a resolution to begin the process of 

establishing a lake-level special assessment 

district for Houghton Lake. The first step in the 

process is to establish the boundaries of the 

special assessment district. 

1. 

Prepare draft lake level special assessment 

district (completed) 

2. 

Delegated authority (county controller) files 

petition in Roscommon County Circuit Court 

to amend Houghton Lake Level Order to 

establish a district 

3, Court holds hearing on proposed district 

and all those included in district will receive 

mailing notice and can attend and comment 

at hearing 

Hearing only determines who is “in or out” 

of the district and does not determine 

the share of any future assessments/ 

apportionments 

4, Court enters amended Order with special 

assessment district 

5, County uses separate public hearing process 

to consider assessments for repairs to dam, 

study the legal lake level, and develop the 

scope of repairs and improvements 

Requires additional public hearings 

and a meeting of the County Board of 

Commissioners to approve any assessments 

Property owners receive mailing notice of 

public hearings 

approx. 

approx.

7 

Responsible Management o 

Houghton Lake Dam 

IN 1982, a legal lake level was established by 

\\ 

a Roscommon County Circuit Court order in 

accordance with Part 307 of Public Act 451 of 1994. 

Since that time, Roscommon County has paid for 2 

the operations and maintenance of the dam out of 

the County's general fund. 

t 

This model of operating is no longer feasible or 

sustainable. The dam needs significant repairs 

04, 

that Roscommon County alone can no longer pay 

(59) 

htop, 

for. Originally constructed in 1938, the dam's pipes 

are rusting, the pier nose has several large cracks 

and areas of concrete that have broken off, and 

operations of the dam gates is labor-intensive, 

unsafe and susceptible to CEREACE 

Houghton 

Lake 

As the Michigan Department of Environment, 

Great Lakes, and Energy (EGLE) revisits rules ang, 

regulations surrounding dams, now is the time for 

Houghton Lake to modernize to a safe dam that 

ensures a consistent lake level. This modernization 

calls for the creation of a special assessment 

district made up of properties with deeded access 

to the lake. 

About the Houghton Lake Dam 

Many lake property owners are unaware a dam 

exists on the lake. The dam is located on a tributary 

that emerges from North Bay Houghton Lake. 

It was constructed in 1938 to replace a logging-era 

wooden structure. The dam is built with concrete 

abutments wina walle and cancrete niare +a farm

People Are Asking 

Q: Does the public get to vote on this? 

A: 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. 

Q: Is a lake level special assessment district the same as the weed treatment 

special assessment district? 

A: No. Different state laws require separate special assessment districts for certain 

lake improvements. A separate state law and assessment process governs the weed 

treatments on Houghton Lake. 

Please see the complete Question and Answer document on our website for more 

information. 

Ensuring Houghton Lake 

Is Sustainable into the Future 

The creation of the special assessment district is an important next step in 

ensuring the long-term operations and sustainability of the lake. Visit our 

website to learn more. 

Get in Touch 

ROSCOMMON 

\ 

roscommonlakelevels.net 

OUNTY 

co U 

RQ) 989-315-7171 

P<] roscommonlakelevels@gmail.com

Enid 

F

ROSCOMMON COUNTY BOARD OF COMMISSIONERS 

HOUGHTON LAKE - LAKE LEVEL 

RESOLUTION NO. 

At 

a meeting of the Roscommon County Board of Commissioners, Roscommon County, 

Michigan, held on 

,2024 at 

, Eastern Standard Time; 

PRESENT: 

ABSENT: 

The 

following 

resolution 

was 

offered 

by 

and 

supported 

by 

WHEREAS, Houghton Lake, located in Denton Township, Lake Township, Markey 

Township, and Roscommon Township, Michigan has established normal lake levels by the 

Roscommon County Circuit Court under Part 307 of the Natural Resources and Environmental 

Protection Act, Act 451 of 1994, as amended (“Part 307”); and 

WHEREAS, 

the Roscommon County 

Board 

of Commissioners 

and 

its 

Delegated 

Authority have jurisdiction for the operation and maintenance of the normal level of Houghton 

Lake. MCL 324.30702; and 

‘ 

WHEREAS, a review of the historical court order relating to Houghton Lake’s normal 

levels found that updates are necessary to be consistent with state law to ensure that the court order 

aythorizes seasonal operational adjustments; and 

WHEREAS, in December 2022, the Roscommon County Circuit Court established and 

confirmed the boundaries of a lake level special assessment district to fund maintenance of 

Houghton 

Lake's normal 

lake 

levels. 

Since 

that 

time, Roscommon County 

has received 

information indicating that minor revisions to the lake level special assessment district boundaries 

may be necessary; and 

WHEREAS, 

for 

the 

reasons 

stated 

herein, 

the 

Roscommon County 

Board 

of 

Commissioners finds it necessary to authorize filing a petition in the Roscommon County Circuit 

Court to update the lake level order for Houghton Lake 

to allow for seasonal operational 

adjustments and conduct any needed revisions related to the boundaries of the established lake

NOW, THEREFORE, BE IT RESOLVED: 

1. 

Lake 

Level Order: 

The Roscommon County Board 

of Commissioners directs 

the 

Delegated Authority and its retained legal counsel and engineers to complete such work 

and court proceedings necessary to update the lake level order for Houghton Lake. Said 

legal counsel is explicitly authorized to file a petition in the Roscommon County Circuit 

Court on behalf of Roscommon County to allow for seasonal operational adjustments and 

conduct any needed revisions related to the boundaries of the lake level special assessment 

district. See MCL 324.30707(5) (circuit court has continuing jurisdiction). 

2. 

Costs of Activities: All costs associated with the expenditures authorized in this resolution, 

including the costs of all necessary consultants (e.g. legal counsel and engineers), shall be 

reimbursed by a lake level special assessment district to the extent permitted by Part 307. 

RESOLUTION DEEMED APPROVED 

Dated: 

Darlene Sensor, Chair 

Roscommon County Board of Commissioners 

Roll call vote: 

APPROVE: 

DENY: 

ABSENT/ABSTAIN:

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