March 24, 2011, Introduced by Reps. Franz and Bumstead and referred to the Committee on Energy and Technology.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 32503 and 32512 (MCL 324.32503 and 324.32512),
section 32503 as amended by 2004 PA 325 and section 32512 as
amended by 2003 PA 14.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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.
(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.
(4) The department shall not enter into a lease or deed that
allows the use of unpatented lands for the siting, placement,
construction, operation, or maintenance of any structure to
research wind energy development, any wind turbine, or any
equipment or structure related to a wind turbine, including, but
not limited, to a transmission line.
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 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.
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
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) The department shall not grant a permit under this part
for the siting, placement, construction, operation, or maintenance
of any structure to research wind energy development, any wind
turbine, or any equipment or structure related to a wind turbine,
including, but not limited to, a transmission line.