My lot is near the water — are there flood elevation rules?

**This provision appears in the Pinehurst III covenants only.** The other eight declarations contain no flood plain section, although some lots in Tamarack Trails are within the FEMA Flood Plain currently and require a Letter of Map Amendment (LOMA) in some cases, else mortgage companies may require flood insurance prior to closing on the purchase.

**Where it applies.** Any building used or capable of being used for residential purposes and occupancy, within or adjacent to the flood plain limit for **Doc and Tom Lake as defined by elevation 1068 (U.S.G.S. datum)**.

**What it requires.** In accordance with Rule 560.304 of the rules adopted by the Water Resources Commission of the State of Michigan, such a building shall:

- **a.** Have lower floors, excluding basements, a minimum of **1 foot higher** than the elevation of the contour defining the flood plain limits
- **b.** Have openings into the basement **not lower** than that contour elevation
- **c.** Have basement walls and floors below that elevation **watertight and reinforced** to withstand hydrostatic pressures from a water level equal to it
- **d.** Be equipped with a **positive means of preventing sewer backup** from sewer lines and drains serving the building
- **e.** Be **properly anchored to prevent flotation**

**If your lot is elsewhere**, this covenant does not apply — but State and Township requirements still may. Freeman Township requires a zoning compliance permit and building permit, and its waterfront setback of 50 feet from the Water Line applies to any waterfront lot.

**This is technical territory.** Establishing where the 1068 contour falls on your lot is a survey question. Speak to the Township Zoning Administrator and your builder before designing.

*Source: Restrictive Covenants (Pinehurst Estates No. 3), Article VII, Section 5.*