NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT)
Act 451 of 1994
324.30103 Exceptions; "water withdrawal" defined.
(1) A permit is not required under this part for any of the following:
(a) Any fill or structure existing before April 1, 1966, in waters covered by former 1965 PA 291, and any fill or structures existing before January 9, 1973, in waters covered for the first time by former 1972 PA 346.
(b) A seasonal structure placed on bottomland to facilitate private noncommercial recreational use of the water if it does not unreasonably interfere with the use of the water by others entitled to use the water or interfere with water flow.
(c) Reasonable sanding of beaches to the existing water's edge by a riparian owner.
(d) Construction or maintenance of a private agricultural drain regardless of outlet.
(e) A waste collection or treatment facility that is ordered to be constructed or is approved for construction by the department.
(f) Construction and maintenance of minor drainage structures and facilities which are identified by rule promulgated by the department pursuant to section 30110. Before such a rule is promulgated, the rule shall be approved by the majority of a committee consisting of the director of the department, the director of the department of agriculture, and the director of the state transportation department or their designated representatives. The rules shall be reviewed at least annually.
(g) Maintenance and improvement of all drains legally established or constructed prior to January 1, 1973, pursuant to the drain code of 1956, 1956 PA 40, MCL 280.1 to 280.630, except those legally established drains constituting mainstream portions of certain natural watercourses identified in rules promulgated by the department under section 30110.
(h) Projects constructed under the watershed protection and flood prevention act, chapter 656, 68 Stat. 666, 16 USC 1001 to 1008 and 1010.
(i) Construction and maintenance of privately owned cooling or storage ponds used in connection with a public utility except at the interface with public waters.
(j) Maintenance of a structure constructed under a permit issued pursuant to this part and identified by rule promulgated under section 30110, if the maintenance is in place and in kind with no design or materials modification.
(k) A water withdrawal.
(l) Annual installation of a seasonal dock or docks, pilings, mooring buoys, or other mooring structures previously authorized by and in accordance with a permit issued under this part.
(2) As used in this section, "water withdrawal" means the removal of water from its source for any purpose.
History: Add. 1995, Act 59, Imd. Eff. May 24, 1995
Am. 2006, Act 33, Imd. Eff. Feb. 28, 2006
Am. 2009, Act 139, Imd. Eff. Nov. 4, 2009
Popular Name: Act 451
Admin Rule: R 281.811 et seq. of the Michigan Administrative Code.
Popular Name: NREPA
© 2009 Legislative Council, State of Michigan