SB-1052, As Passed Senate, May 23, 2012

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 1052

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 30301, 30305, 30306, 30312, 32501, 32503,

 

32512, 32512a, and 32513 (MCL 324.30301, 324.30305, 324.30306,

 

324.30312, 324.32501, 324.32503, 324.32512, 324.32512a, and

 

324.32513), sections 30301, 30306, 30312, and 32512a as amended by

 

2009 PA 120, sections 30305, 32501, and 32512 as amended by 2003 PA

 

14, section 32503 as amended by 2004 PA 325, and section 32513 as

 

amended by 2011 PA 90; and to repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 30301. (1) As used in this part:

 

     (a) "Beach" means the area landward of the shoreline of the

 

Great Lakes as the term shoreline is defined in section 32301.

 


     (b) "Beach maintenance activities" means any of the following

 

in the area of Great Lakes bottomlands lying below the ordinary

 

high-water mark and above the water's edge:

 

     (i) Manual or mechanized leveling of sand.

 

     (ii) Mowing of vegetation.

 

     (iii) Manual de minimis removal of vegetation.

 

     (iv) Grooming of soil.

 

     (v) Construction and maintenance of a path.

 

     (c) "Council" means the wetland advisory council created in

 

section 30329.

 

     (d) "Debris" means animal or fish carcasses, zebra mussel

 

shells, dead vegetation, trash, and discarded materials of human-

 

made origin.

 

     (a) (e) "Department" means the department of environmental

 

quality.

 

     (b) (f) "Director" means the director of the department.

 

     (g) "Environmental area" means an environmental area as

 

defined in section 32301.

 

     (c) (h) "Exceptional wetland" means wetland that provides

 

physical or biological functions essential to the natural resources

 

of the state and that may be lost or degraded if not preserved

 

through an approved site protection and management plan for the

 

purposes of providing compensatory wetland mitigation.

 

     (d) (i) "Fill material" means soil, rocks, sand, waste of any

 

kind, or any other material that displaces soil or water or reduces

 

water retention potential.

 

     (j) "Grooming of soil" means raking or dragging, pushing, or

 


pulling metal teeth through the top 4 inches of soil without

 

disturbance of or destruction to plant roots, for the purpose of

 

removing debris.

 

     (e) (k) "Landscape level wetland assessment" means the use of

 

aerial photographs, maps, and other remotely sensed information to

 

predict and evaluate wetland characteristics and functions in the

 

context of all of the following:

 

     (i) The wetland's landscape position and hydrologic

 

characteristics.

 

     (ii) The surrounding landscape.

 

     (iii) The historic extent and condition of the wetland.

 

     (l) "Leveling of sand" means the relocation of sand within

 

areas being leveled that are predominantly free of vegetation,

 

including the redistribution, grading, and spreading of sand that

 

has been deposited through wind or wave action onto upland riparian

 

property.

 

     (f) (m) "Minor drainage" includes ditching and tiling for the

 

removal of excess soil moisture incidental to the planting,

 

cultivating, protecting, or harvesting of crops or improving the

 

productivity of land in established use for agriculture,

 

horticulture, silviculture, or lumbering.

 

     (n) "Mowing of vegetation" means the cutting of vegetation to

 

a height of not less than 2 inches, without disturbance of soil or

 

plant roots.

 

     (g) (o) "Nationwide permit" means a nationwide permit issued

 

by the United States army corps of engineers under 72 FR 11091 to

 

11198 (March 12, 2007), including all general conditions, regional

 


conditions, and conditions imposed by this state pursuant to a

 

water quality certification under section 401 of title IV of the

 

federal water pollution control act, 33 USC 1341, or a coastal zone

 

management consistency determination under section 307 of the

 

coastal zone management act of 1972, 16 USC 1456.

 

     (h) (p) "Ordinary high-water mark" means the ordinary high-

 

water mark as specified in section 32502.

 

     (q) "Path" means a temporary access walkway from upland

 

riparian property directly to the shoreline across swales with

 

standing water, not exceeding 6 feet in bottom width and consisting

 

of sand and pebbles obtained from exposed, nonvegetated bottomlands

 

or from the upland riparian property.

 

     (i) (r) "Person" means an individual, sole proprietorship,

 

partnership, corporation, association, municipality, this state, an

 

instrumentality or agency of this state, the federal government, an

 

instrumentality or agency of the federal government, or other legal

 

entity.

 

     (j) (s) "Rapid wetland assessment" means a method for

 

generally assessing the functions, values, and condition of

 

individual wetlands based on existing data and field indicators.

 

     (k) (t) "Rare and imperiled wetland" means any of the

 

following:

 

     (i) Great Lakes marsh.

 

     (ii) Southern wet meadow.

 

     (iii) Inland salt marsh.

 

     (iv) Intermittent wetland or boggy seepage wetland.

 

     (v) Coastal plain marsh.

 


     (vi) Interdunal wetland.

 

     (vii) Lakeplain wet prairie.

 

     (viii) Lakeplain wet-mesic prairie.

 

     (ix) Northern wet-mesic prairie.

 

     (x) Wet-mesic prairie.

 

     (xi) Wet prairie.

 

     (xii) Prairie fen.

 

     (xiii) Northern fen.

 

     (xiv) Patterned fen.

 

     (xv) Poor fen.

 

     (xvi) Muskeg.

 

     (xvii) Rich conifer swamp.

 

     (xviii) Relict conifer swamp.

 

     (xix) Hardwood-conifer swamp.

 

     (xx) Northern swamp.

 

     (xxi) Southern swamp.

 

     (xxii) Southern floodplain forest.

 

     (xxiii) Inundated shrub swamp.

 

     (u) "Removal of vegetation" means the manual or mechanized

 

removal of vegetation, other than the manual de minimis removal of

 

vegetation.

 

     (l) (v) "Water dependent" means requiring access or proximity

 

to or siting within an aquatic site to fulfill its basic purpose.

 

     (m) (w) "Wetland" means land characterized by the presence of

 

water at a frequency and duration sufficient to support, and that

 

under normal circumstances does support, wetland vegetation or

 

aquatic life, and is commonly referred to as a bog, swamp, or

 


marsh, and which is any of the following:

 

     (i) Contiguous to the Great Lakes or Lake St. Clair, an inland

 

lake or pond, or a river or stream.

 

     (ii) Not contiguous to the Great Lakes, an inland lake or pond,

 

or a river or stream; and more than 5 acres in size.

 

     (iii) Not contiguous to the Great Lakes, an inland lake or pond,

 

or a river or stream; and 5 acres or less in size if the department

 

determines that protection of the area is essential to the

 

preservation of the natural resources of the state from pollution,

 

impairment, or destruction and the department has so notified the

 

owner.

 

     (2) The department and local units of government shall apply

 

the technical wetland delineation standards set forth in the United

 

States army corps of engineers January 1987 wetland delineation

 

manual, technical report Y-87-1, and appropriate regional United

 

States army corps of engineers supplements, in identifying wetland

 

boundaries under this part, including, but not limited to, section

 

30307.

 

     Sec. 30305. (1) Activities that require a permit under part

 

325 or part 301 or a discharge that is authorized by a discharge

 

permit under section 3112 or 3113 do not require a permit under

 

this part.

 

     (2) The following uses are allowed in a wetland without a

 

permit subject to other laws of this state and the owner's

 

regulation:

 

     (a) Fishing, trapping, or hunting.

 

     (b) Swimming or boating.

 


     (c) Hiking.

 

     (d) Grazing of animals.

 

     (e) Farming, horticulture, silviculture, lumbering, and

 

ranching activities, including plowing, irrigation, irrigation

 

ditching, seeding, cultivating, minor drainage, harvesting for the

 

production of food, fiber, and forest products, or upland soil and

 

water conservation practices. Wetland altered under this

 

subdivision shall not be used for a purpose other than a purpose

 

described in this subsection without a permit from the department.

 

     (f) Maintenance or operation of serviceable structures in

 

existence on October 1, 1980 or constructed pursuant to this part

 

or former 1979 PA 203.

 

     (g) Construction or maintenance of farm or stock ponds.

 

     (h) Maintenance, operation, or improvement which includes

 

straightening, widening, or deepening of the following which is

 

necessary for the production or harvesting of agricultural

 

products:

 

     (i) An existing private agricultural drain.

 

     (ii) That portion of a drain legally established pursuant to

 

the drain code of 1956, 1956 PA 40, MCL 280.1 to 280.630, which has

 

been constructed or improved for drainage purposes.

 

     (iii) A drain constructed pursuant to other provisions of this

 

part or former 1979 PA 203.

 

     (i) Construction or maintenance of farm roads, forest roads,

 

or temporary roads for moving mining or forestry equipment, if the

 

roads are constructed and maintained in a manner to assure that any

 

adverse effect on the wetland will be otherwise minimized.

 


     (j) Drainage necessary for the production and harvesting of

 

agricultural products if the wetland is owned by a person who is

 

engaged in commercial farming and the land is to be used for the

 

production and harvesting of agricultural products. Except as

 

otherwise provided in this part, wetland improved under this

 

subdivision after October 1, 1980 shall not be used for nonfarming

 

purposes without a permit from the department. This subdivision

 

does not apply to a wetland that is contiguous to a lake or stream,

 

or to a tributary of a lake or stream, or to a wetland that the

 

department has determined by clear and convincing evidence to be a

 

wetland that is necessary to be preserved for the public interest,

 

in which case a permit is required.

 

     (k) Maintenance or improvement of public streets, highways, or

 

roads, within the right-of-way and in such a manner as to assure

 

that any adverse effect on the wetland will be otherwise minimized.

 

Maintenance or improvement does not include adding extra lanes,

 

increasing the right-of-way, or deviating from the existing

 

location of the street, highway, or road.

 

     (l) Maintenance, repair, or operation of gas or oil pipelines

 

and construction of gas or oil pipelines having a diameter of 6

 

inches or less, if the pipelines are constructed, maintained, or

 

repaired in a manner to assure that any adverse effect on the

 

wetland will be otherwise minimized.

 

     (m) Maintenance, repair, or operation of electric transmission

 

and distribution power lines and construction of distribution power

 

lines, if the distribution power lines are constructed, maintained,

 

or repaired in a manner to assure that any adverse effect on the

 


wetland will be otherwise minimized.

 

     (n) Operation or maintenance, including reconstruction of

 

recently damaged parts, of serviceable dikes and levees in

 

existence on October 1, 1980 or constructed pursuant to this part

 

or former 1979 PA 203.

 

     (o) Construction of iron and copper mining tailings basins and

 

water storage areas.

 

     (p) Until November 1, 2007, beach maintenance activities that

 

meet all of the following conditions:

 

     (i) The activities shall not occur in environmental areas and

 

shall not violate part 365 or rules promulgated under that part, or

 

the endangered species act of 1973, Public Law 93-205, 87 Stat.

 

884, or rules promulgated under that act.

 

     (ii) The width of any mowing of vegetation shall not exceed the

 

width of the riparian property or 100 feet, whichever is less.

 

     (iii) All collected debris shall be disposed of properly outside

 

of any wetland.

 

     (q) Until 3 years after the effective date of the amendatory

 

act that added this subdivision, removal of vegetation as

 

authorized under section 32516.

 

     (3) An activity in a wetland that was effectively drained for

 

farming before October 1, 1980 and that on and after October 1,

 

1980 has continued to be effectively drained as part of an ongoing

 

farming operation is not subject to regulation under this part.

 

     (4) A wetland that is incidentally created as a result of 1 or

 

more of the following activities is not subject to regulation under

 

this part:

 


     (a) Excavation for mineral or sand mining, if the area was not

 

a wetland before excavation. This exemption does not include a

 

wetland on or adjacent to a water body of 1 acre or more in size.

 

     (b) Construction and operation of a water treatment pond or

 

lagoon in compliance with the requirements of state or federal

 

water pollution control regulations.

 

     (c) A diked area associated with a landfill if the landfill

 

complies with the terms of the landfill construction permit and if

 

the diked area was not a wetland before diking.

 

     (5) Except as provided in subsection (6), the following

 

activities are not subject to regulation under this part by the

 

state or a local unit of government:

 

     (a) Leveling of sand, removal of vegetation, grooming of soil,

 

or removal of debris, in an area of unconsolidated material

 

predominantly composed of sand, rock, or pebbles, located between

 

the ordinary high-water mark and the water's edge.

 

     (b) Mowing of vegetation between the ordinary high-water mark

 

and the water's edge.

 

     (6) Subsection (5) does not apply to lands within Lake St.

 

Clair.

 

     Sec. 30306. (1) Except as provided in section 30307(6), to

 

obtain a permit for a use or development listed in section 30304, a

 

person shall file an application with the department on a form

 

provided by the department. The application shall include all of

 

the following:

 

     (a) The person's name and address.

 

     (b) The location of the wetland.

 


     (c) A description of the wetland on which the use or

 

development is to be made.

 

     (d) A statement and appropriate drawings describing the

 

proposed use or development.

 

     (e) The wetland owner's name and address.

 

     (f) An environmental assessment of the proposed use or

 

development if requested by the department. The assessment shall

 

include the effects upon wetland benefits and the effects upon the

 

water quality, flow, and levels, and the wildlife, fish, and

 

vegetation within a contiguous lake, river, or stream.

 

     (2) For the purposes of subsection (1), a proposed use or

 

development of a wetland shall be considered as may be covered by a

 

single permit application under this part if the scope, extent, and

 

purpose of a use or development are made known at the time of the

 

application for the permit.

 

     (3) Except as provided in subsections (4) and (5), an

 

application for a permit submitted under subsection (1) shall be

 

accompanied by the following fee, as applicable:

 

     (a) For a project in a category of activities for which a

 

general permit is issued under section 30312, a fee of $100.00.

 

     (b) For a permit for the removal of vegetation in an area that

 

is not more than 100 feet wide or the width of the property,

 

whichever is less, or the mowing of vegetation under a general

 

permit, in the area between the ordinary high-water mark and the

 

water's edge, a fee of $50.00.

 

     (b) (c) For a major project, including any of the following, a

 

fee of $2,000.00:

 


     (i) Filling or draining of 1 acre or more of coastal or inland

 

wetland.

 

     (ii) 10,000 cubic yards or more of wetland fill.

 

     (iii) A new golf course affecting wetland.

 

     (iv) A subdivision affecting wetland.

 

     (v) A condominium affecting wetland.

 

     (c) (d) For all other projects, a fee of $500.00.

 

     (4) A project that requires review and approval under this

 

part and 1 or more of the following is subject to only the single

 

highest permit fee required under this part or the following:

 

     (a) Section 3104.

 

     (b) Part 301.

 

     (c) Part 323.

 

     (d) Part 325.

 

     (e) Section 117 of the land division act, 1967 PA 288, MCL

 

560.117.

 

     (5) If work has been done in violation of a permit requirement

 

under this part and restoration is not ordered by the department,

 

the department may accept an application for a permit if the

 

application is accompanied by a fee equal to twice the permit fee

 

otherwise required under this section.

 

     (6) If the department determines that a permit is not required

 

under this part, the department shall promptly refund the fee paid

 

under this section.

 

     Sec. 30312. (1) After providing notice and an opportunity for

 

a public hearing, the department shall establish minor project

 

categories of activities that are similar in nature, have minimal

 


adverse environmental effects when performed separately, and will

 

have only minimal cumulative adverse effects on the environment.

 

The department may act upon an application received pursuant to

 

section 30306 for an activity within a minor project category

 

without holding a public hearing or providing notice pursuant to

 

section 30307(1) or (3). A minor project category shall not be

 

valid for more than 5 years, but may be reestablished. All other

 

provisions of this part, except provisions applicable only to

 

general permits, are applicable to a minor project.

 

     (2) The department, after notice and opportunity for a public

 

hearing, shall issue general permits on a statewide basis or within

 

a local unit of government for a category of activities if the

 

department determines that the activities are similar in nature,

 

will cause only minimal adverse environmental effects when

 

performed separately, and will have only minimal cumulative adverse

 

effects on the environment. A general permit shall be based on the

 

requirements of this part and the rules promulgated under this

 

part, and shall set forth the requirements and standards that shall

 

apply to an activity authorized by the general permit. A general

 

permit shall not be valid for more than 5 years, but may be

 

reissued.

 

     (3) A general permit under this section may be issued for the

 

mowing of vegetation or the removal of vegetation in the area

 

between the ordinary high-water mark and the water's edge. An

 

application under this subsection may be submitted by a local unit

 

of government on behalf of property owners within its jurisdiction

 

or by 1 or more adjacent property owners for riparian property

 


located within the same county.

 

     (3) (4) Before authorizing a specific project to proceed under

 

a general permit, the department may provide notice pursuant to

 

section 30307(3) but shall not hold a public hearing and shall not

 

typically require a site inspection. The department shall issue an

 

authorization under a general permit if the conditions of the

 

general permit and the requirements of section 30311 are met.

 

However, in determining whether to issue an authorization under a

 

general permit, the department shall not consider off-site

 

alternatives to be feasible and prudent alternatives.

 

     (4) (5) If the department determines that activity in a

 

proposed project, although within a minor project category or a

 

general permit, is likely to cause more than minimal adverse

 

effects on aquatic resources, including high-value aquatic

 

habitats, the department may require that the application be

 

processed under section 30307.

 

     (5) (6) The department shall coordinate general permit and

 

minor project categories under this part and parts 301 and 325

 

consistent with nationwide permits, as appropriate.

 

     Sec. 32501. As used in this part:

 

     (a) "Beach" means the area landward of the shoreline of the

 

Great Lakes as the term shoreline is defined in section 32301.

 

     (b) "Beach maintenance activities" means any of the following

 

in the area of Great Lakes bottomlands lying below the ordinary

 

high-water mark and above the water's edge:

 

     (i) Manual or mechanized leveling of sand.

 

     (ii) Mowing of vegetation.

 


     (iii) Manual de minimis removal of vegetation.

 

     (iv) Grooming of soil.

 

     (v) Construction and maintenance of a path.

 

     (c) "Debris" means animal or fish carcasses, zebra mussel

 

shells, dead vegetation, trash, and discarded materials of human-

 

made origin.

 

     (a) (d) "Department" means the department of environmental

 

quality.

 

     (b) (e) "Director" means the director of the department.

 

     (f) "Environmental area" means an environmental area as

 

defined in section 32301.

 

     (g) "Grooming of soil" means raking or dragging, pushing, or

 

pulling metal teeth through the top 4 inches of soil without

 

disturbance of or destruction to plant roots, for the purpose of

 

removing debris.

 

     (h) "Leveling of sand" means the relocation of sand within

 

areas being leveled that are predominantly free of vegetation,

 

including the redistribution, grading, and spreading of sand that

 

has been deposited through wind or wave action onto upland riparian

 

property.

 

     (c) (i) "Marina purposes" means an operation making use of

 

submerged bottomlands or filled-in bottomlands of the Great Lakes

 

for the purpose of service to boat owners or operators, which

 

operation may restrict or prevent the free public use of the

 

affected bottomlands or filled-in lands.

 

     (j) "Mowing of vegetation" means the cutting of vegetation to

 

a height of not less than 2 inches, without disturbance of soil or

 


plant roots.

 

     (k) "Path" means a temporary access walkway from the upland

 

riparian property directly to the shoreline across swales with

 

standing water, not exceeding 6 feet in bottom width and consisting

 

of sand and pebbles obtained from the exposed, nonvegetated

 

bottomlands or from the upland riparian property.

 

     (l) "Removal of vegetation" means the manual or mechanized

 

removal of vegetation other than the de minimis removal of

 

vegetation.

 

     (m) "Wetland" means that term as it is defined in section

 

30301.

 

     Sec. 32503. (1) Except as otherwise provided in this section,

 

the department, after finding that the public trust in the waters

 

will not be impaired or substantially affected, may enter into

 

agreements pertaining to waters over and the filling in of

 

submerged patented lands, or to lease or deed unpatented lands,

 

after approval of the state administrative board. Quitclaim deeds,

 

leases, or agreements covering unpatented lands may be issued or

 

entered into by the department with any person, and shall contain

 

such terms, conditions, and requirements as the department

 

determines to be just and equitable and in conformance with the

 

public trust. The department shall reserve to the state all mineral

 

rights, including, but not limited to, coal, oil, gas, sand,

 

gravel, stone, and other materials or products located or found in

 

those lands, except where lands are occupied or to be occupied for

 

residential purposes at the time of conveyance.

 

     (2) A riparian owner shall not dredge or place spoil or other

 


materials on bottomland except as authorized by a permit issued by

 

the department pursuant to part 13.

 

     (2) (3) The department shall not enter into a lease or deed

 

that allows drilling operations beneath unpatented lands for the

 

exploration or production of oil or gas.

 

     (3) (4) An agreement, lease, or deed entered into under this

 

part by the department with the United States shall be entered into

 

and executed pursuant to the property rights acquisition act, 1986

 

PA 201, MCL 3.251 to 3.262.

 

     Sec. 32512. (1) Unless Except as provided in subsection (2),

 

unless a permit has been granted by the department or authorization

 

has been granted by the legislature, or except as to boat wells and

 

slips facilitating private, noncommercial, recreational boat use,

 

not exceeding 50 feet in length where the spoil is not disposed of

 

below the ordinary high-water mark of the body of water to which it

 

is connected, a person shall not do any of the following:

 

     (a) Construct, dredge, commence, or do any work with respect

 

to an artificial canal, channel, ditch, lagoon, pond, lake, or

 

similar waterway where the purpose is ultimate connection of the

 

waterway with any of the Great Lakes, including Lake St. Clair.

 

     (b) Connect any natural or artificially constructed waterway,

 

canal, channel, ditch, lagoon, pond, lake, or similar waterway with

 

any of the Great Lakes, including Lake St. Clair, for navigation or

 

any other purpose.

 

     (c) Dredge or place spoil or other material on bottomland.

 

     (d) Construct a marina.

 

     (2) Notwithstanding subsection (1), and with respect to lands

 


covered and affected by this part, a permit or other approval is

 

not required under this part for either of the following:

 

     (a) Until November 1, 2007, beach maintenance activities that

 

meet all of the following conditions:

 

     (i) The activities shall not occur in environmental areas and

 

shall not violate part 365 or rules promulgated under that part, or

 

the endangered species act of 1973, Public Law 93-205, 87 Stat.

 

884, or rules promulgated under that act.

 

     (ii) The width of any mowing of vegetation shall not exceed the

 

width of the riparian property or 100 feet, whichever is less.

 

     (iii) All collected debris shall be disposed of properly outside

 

of any wetland.

 

     (b) Until 3 years after the effective date of the amendatory

 

act that added this subdivision, removal of vegetation as

 

authorized in section 32516.

 

     (2) Except as provided in subsection (3), the following

 

activities are not subject to regulation under this part:

 

     (a) Leveling of sand, removal of vegetation, grooming of soil,

 

or removal of debris, in an area of unconsolidated material

 

predominantly composed of sand, rock, or pebbles, located between

 

the ordinary high-water mark and the water's edge.

 

     (b) Mowing of vegetation between the ordinary high-water mark

 

and the water's edge.

 

     (3) Subsection (2) does not apply to lands within Lake St.

 

Clair.

 

     Sec. 32512a. (1) After providing notice and an opportunity for

 

a public hearing, the department shall establish minor project

 


categories of activities that are similar in nature, have minimal

 

adverse environmental effects when performed separately, and will

 

have only minimal cumulative adverse effects on the environment.

 

The department may act upon an application received pursuant to

 

section 32513 for an activity within a minor project category

 

without providing notice pursuant to section 32514. A minor project

 

category shall not be valid for more than 5 years, but may be

 

reestablished. All other provisions of this part, except provisions

 

applicable only to general permits, are applicable to a minor

 

project.

 

     (2) The department, after notice and opportunity for a public

 

hearing, shall issue general permits on a statewide basis or within

 

a local unit of government for a category of activities if the

 

department determines that the activities are similar in nature,

 

will cause only minimal adverse environmental effects when

 

performed separately, and will have only minimal cumulative adverse

 

effects on the environment. A general permit shall be based on the

 

requirements of this part and the rules promulgated under this

 

part, and shall set forth the requirements and standards that shall

 

apply to an activity authorized by the general permit. Before

 

authorizing a specific project to proceed under a general permit,

 

the department may provide notice pursuant to section 32514 but

 

shall not hold a public hearing and shall not typically require a

 

site inspection. A general permit shall not be valid for more than

 

5 years, but may be reissued.

 

     (3) A general permit under this section may be issued for the

 

mowing of vegetation or the removal of vegetation in the area

 


between the ordinary high-water mark and the water's edge. An

 

application under this subsection may be submitted by a local unit

 

of government on behalf of property owners within its jurisdiction

 

or by 1 or more adjacent property owners for riparian property

 

located within the same county.

 

     Sec. 32513. (1) To obtain a permit for any work or connection

 

specified in section 32512, a person shall file an application with

 

the department on a form provided by the department. The

 

application shall include all of the following:

 

     (a) The name and address of the applicant.

 

     (b) The legal description of the lands included in the

 

project.

 

     (c) A summary statement of the purpose of the project.

 

     (d) A map or diagram showing the proposal on an adequate scale

 

with contours and cross-section profiles of any waterway to be

 

constructed.

 

     (e) Other information required by the department.

 

     (2) Except as provided in subsections (3) and (4), until

 

October 1, 2015, an application for a permit under this section

 

shall be accompanied by the following fee, as applicable:

 

     (a) For a project in a category of activities for which a

 

general permit is issued under section 32512a, a fee of $100.00.

 

     (b) For activities included in a minor project category, and

 

for a permit for the removal of vegetation in an area that is not

 

more than 100 feet wide or the width of the property, whichever is

 

less, or the mowing of vegetation under a general permit, in the

 

area between the ordinary high-water mark and the water's edge, a

 


fee of $50.00.

 

     (c) For construction or expansion of a marina, a fee of:

 

     (i) $50.00 for an expansion of 1-10 slips to an existing

 

permitted marina.

 

     (ii) $100.00 for a new marina with 1-10 proposed marina slips.

 

     (iii) $250.00 for an expansion of 11-50 slips to an existing

 

permitted marina, plus $10.00 for each slip over 50.

 

     (iv) $500.00 for a new marina with 11-50 proposed marina slips,

 

plus $10.00 for each slip over 50.

 

     (v) $1,500.00 if an existing permitted marina proposes

 

maintenance dredging of 10,000 cubic yards or more or the addition

 

of seawalls, bulkheads, or revetments of 500 feet or more.

 

     (d) For major projects other than a project described in

 

subdivision (c)(v), involving any of the following, a fee of

 

$2,000.00:

 

     (i) Dredging of 10,000 cubic yards or more.

 

     (ii) Filling of 10,000 cubic yards or more.

 

     (iii) Seawalls, bulkheads, or revetment of 500 feet or more.

 

     (iv) Filling or draining of 1 acre or more of coastal wetland.

 

     (v) New dredging or upland boat basin excavation in areas of

 

suspected contamination.

 

     (vi) New breakwater or channel jetty.

 

     (vii) Shore protection, such as groins and underwater

 

stabilizers, that extend 150 feet or more on Great Lakes

 

bottomlands.

 

     (viii) New commercial dock or wharf of 300 feet or more in

 

length.

 


     (e) For all other projects not listed in subdivisions (a) to

 

(d), $500.00.

 

     (3) A project that requires review and approval under this

 

part and 1 or more of the following is subject to only the single

 

highest permit fee required under this part or the following:

 

     (a) Part 301.

 

     (b) Part 303.

 

     (c) Part 323.

 

     (d) Section 3104.

 

     (e) Section 117 of the land division act, 1967 PA 288, MCL

 

560.117.

 

     (4) If work has been done in violation of a permit requirement

 

under this part and restoration is not ordered by the department,

 

the department may accept an application for a permit if the

 

application is accompanied by a fee equal to 2 times the permit fee

 

otherwise required under this section.

 

     (5) The department shall forward all fees collected under this

 

section to the state treasurer for deposit into the land and water

 

management permit fee fund created in section 30113.

 

     Enacting section 1. Section 32516 of the natural resources and

 

environmental protection act, 1994 PA 451, MCL 324.32516, is

 

repealed.