Township governments have no direct authority over local roads. The Michigan Department of Transportation (MDOT), the County Road Commission and city and villages all have responsibilities for roads within their own jurisdictions. MDOT has the primary role with highway construction and maintenance.
A county road commission may relinquish by resolution the jurisdiction of a road to a township. If the township board accepts, it becomes a township road.
A township has no legal obligation to maintain or repair county roads. There is also no legal requirement for a township to match funds expended by a county road commission for either maintenance or construction of county roads.
Townships may, however, choose to help finance local public road improvements with general fund monies, with a road millage not to exceed six mills approved by a vote of the electors, by establishing a special assessment district, and by issuing special assessment bonds. (MCL 247.670)
Townships cannot lawfully spend public funds on private roads. However, a township may establish a special assessment district to assess property owners for private road projects. (MCL 41.722)
While townships have little direct authority over local roads, townships do have some authority to control utility franchises, regulate traffic and signage, provide special assessments for water, sewer, private roads, lighting and sidewalks.
Understand Township Franchises & Right-of-Way Consents
Michigan Township News, June 2003
Navigating Private Road Issues (.pdf)
Michigan Township News, December 2001
For more information about special assessments, purchase the MTA publication titled: Special Assessments: A Technical Manual for Townships.
METRO Act Payments
The
Metropolitan Extension Telecommunications Rights-of-Way Oversight (METRO) Act, Public Act 48 of 2002, MCL 484.3101,
et seq., includes a provision for annual Right-of-Way (ROW) payments to townships, cities and villages. These ROW payments come from statewide rights-of-way fees annually collected from telecommunication providers by the METRO Authority. They are disbursed to the local units in late May or early June.
The Metro Act specifically dictates how the ROW payments may be used by the municipality receiving them. Section 10(4) of the Metro Act (MCL 484.3110(4)) provides that: “The amount received under sections 11 and 12 shall be used by the municipality solely for rights-of-way related purposes. Rights-of-way purposes does not include constructing or utilizing telecommunication facilities to serve residential or commercial customers.”
METRO Authority Annual Report and Funds Use Guidelines (DLEG Web page)
Legal Expenditures for METRO Act Revenues
MTA Legal Counsel article, October 2003 Michigan Township News
This page last updated on 4/16/2008.
