Guides / Buying on a lake
Short answer
Before you buy on an Oakland County lake, confirm the home has riparian rights, check that docks and seawalls had the state permits they needed, ask about lake level and lake board special assessments, and find out whether the township requires a septic evaluation at sale, as Commerce Township and West Bloomfield Township do.
Riparian rights come with frontage
Owners whose land touches the water are riparian owners. According to Michigan EGLE, they have the right to reach the water, to put in a dock, to make general use of the water, and to land that builds up naturally along the shore. On natural inland lakes they also own the lake bottom, in a pie-shaped piece running toward the center. MSU Extension notes that every riparian owner shares an equal right to reasonable use of the whole lake surface.
There are exceptions. On lakes made by a dam, gravel-pit lakes, and lakes with platted bottomlands, owners may not have the same rights. A home with deeded lake access or a backlot is not the same as frontage. Check the survey, the deed and the title commitment.
Docks, seawalls and shoreline work
Michigan’s inland lakes law (Part 301) requires a permit from EGLE to fill or dredge the lake bottom or to build a structure on it. It does not cover lakes under 5 acres.
- A seasonal dock for private, non-commercial use does not need a permit. A permanent dock does.
- A new vertical seawall, or replacing one, needs a permit.
- Repairing a permitted seawall in kind along 25 percent of its length or less, or work on its cap, does not.
Lake level and lake board assessments
Oakland County’s Water Resources Commissioner maintains legal, court-set levels on 54 lakes. Owners who benefit pay special assessments, and that includes backlot owners with lake access. Lakes with level districts include Commerce, Long, Union, White, Oxbow, Cedar Island and Fox lakes, and the Straits lakes.
Some lakes also have a lake board under Part 309 that sets an assessment district for improvement projects. Those assessments can be spread over as many as 30 yearly installments. Ask the seller and the township what is being assessed now and what is planned.
Septic and sewer
Oakland County has no county-wide rule requiring a septic inspection when a home sells, but some townships do. Commerce Township requires a certified evaluation at the time of sale by an evaluator registered with the township, submitted within 15 days, and the form goes in with the Property Transfer Affidavit. West Bloomfield Township requires an approved report within 60 days of the sale. In any other township, ask the building or water and sewer department before you buy.
Checklist before you write an offer
Kevin helps buyers find homes on the lakes around Commerce, White Lake, Waterford and Highland, and walks through these checks with you before you commit.
| Check | Where to look | Why it matters |
|---|---|---|
| Frontage and riparian rights | Survey, deed, title commitment | Decides your dock and how you use the lake |
| Dock and seawall permits | The seller, EGLE | Permanent docks and new seawalls need one |
| Lake level assessment | Oakland County Water Resources Commissioner | A yearly cost that comes with the home |
| Lake board projects | Township, lake board | Can run up to 30 yearly installments |
| Septic rules at sale | Township building or water and sewer department | Required in Commerce and West Bloomfield |
Sources
- Michigan EGLE, guide to Michigan inland lakes (riparian rights)
- MSU Extension, Michigan water laws
- Michigan Legislature, MCL 324.30102 (Part 301 permits)
- Michigan EGLE, docks, boat hoists and swim rafts
- Michigan EGLE, shoreline erosion protection on inland lakes
- Oakland County Water Resources Commissioner, lake level information
- Michigan Legislature, Part 309 Inland Lake Improvements
- Commerce Township, septic systems
- West Bloomfield Township, water and sewer policies
- Oakland County Health Division, onsite sewage disposal
General information, not legal, tax or financial advice. Rules and rates change; check with the source, your title company or a tax professional before you rely on a number.