The drain code was originally written in the 19th century to encourage development of what was considered undesirable swampland. The concern in the present era is to adequately protect wetlands. One major intent of this proposal is to provide more opportunities for public input to the process of creating and maintaining county drains. It would also give drain commissioners more control over spending on a particular project. Supporters contend that the bill diminishes unfair tax assessments and does far more to protect the environment.
Critics question whether the procedures to ensure environmental protections are sufficiently strong.
House Bill 4803 specifies that the county drain commissioner must provide a cost estimate to the public when proposing a drain, and that a second public hearing must be held to present locational and engineering information. Drain commissioners would also be required to inspect new drains every three years and to make any necessary repairs. In addition, when making an assessment , the drain commissioner must take into account how the drain will affect the property value. That issue had sparked considerable controversy and was removed from the bill on the House Floor, possibly to be taken up in a separate bill. As the legislature adjourned for the holiday period, local and state roles in decision-making remained a particularly rancorous issue.