Driveways and Private Roads
Driveways and Private Roads
Driveways
New Driveways require a permit from the Clare County Road Commission: https://clarecrc.com/wp-content/uploads/2021/07/DrivewayApplication1.pdf
New driveways may require a culvert at owner’s expense.
Private Roads
Private roads are not maintained by the Clare County Road Commission.
Private Roads can be created by the dedication in the plat of a subdivision or condominium plan; Plats of subdivisions and condominium plans each have their own approval process.
Creation, construction, extension or alteration of private roads requires an approval process within as well as outside the township. Minimum standards must be met in terms of road easement, width of roadway, surface type, shoulders, ditches and drainage.
A mandatory Homeowners Association must be established for private road maintenance. The township may form a special assessment district to ensure the association’s obligations are met without liability or expense on the part of the township.
Maintenance plans are required – for maintenance and repairs of the road surface, ditches and drainage, snow removal, and repaving or reconstruction. The document describing the private road and the provisions for its maintenance shall be recorded with the registrar of deeds. This document must be approved by the township attorney prior to being recorded
All maintenance plans must be set forth in deed restrictions or the master deed for the condominium plan, and must run in perpetuity, without cost to the township, and the deed restrictions or master deed must guarantee that the township has no liability for drainage, ditches, and maintenance of the road, among others [Consult the Hayes Township Zoning Ordinance].
Further Information:
Drain Code of 1956 (Act 40 of 1956)
https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-act-40-of-1956
State Trunk Line Highway System (Act 51 of 1951)
https://legislature.mi.gov/Laws/MCL?objectName=MCL-ACT-51-OF-1951
Clare County Road Commission:
Clare County Drain Commissioner:
https://clareco.net/department/drain-commissioner/
Hayes Township Act 51 maps (public county roads):
https://clarecrc.com/certified-maps/
Culverts, Bridges, Ditches, and Drains: https://hayestwpclaremi.gov/drainsditches