March 13, 2013, Introduced by Senator CASPERSON and referred to the Committee on Outdoor Recreation and Tourism.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 1301, 30102, 30104, 32512, 32513, and 32514
(MCL 324.1301, 324.30102, 324.30104, 324.32512, 324.32513, and
324.32514), section 1301 as amended by 2012 PA 249, sections 30102
and 30104 as amended by 2011 PA 218, sections 32512 and 32513 as
amended by 2012 PA 247, and section 32514 as added by 1995 PA 59,
and by adding sections 30102a and 32512b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1301. As used in this part:
(a) "Application period" means the period beginning when an
application for a permit is received by the state and ending when
the application is considered to be administratively complete under
section 1305 and any applicable fee has been paid.
(b) "Department" means the department, agency, or officer
authorized by this act to approve or deny an application for a
particular permit.
(c) "Director" means the director of the state department
authorized under this act to approve or deny an application for a
particular permit or the director's designee.
(d) "Permit" means a permit or operating license required by
any of the following sections or by rules promulgated thereunder,
or, in the case of section 9112, by an ordinance adopted
thereunder:
(i) Section 3104, floodplain alteration permit.
(ii) Section 3503, permit for use of water in mining iron ore.
(iii) Section 4105, sewerage system construction permit.
(iv) Section 6516, vehicle testing license.
(v) Section 6521, motor vehicle fleet testing permit.
(vi) Section 8310, restricted use pesticide dealer license.
(vii) Section 8310a, agricultural pesticide dealer license.
(viii) Section 8504, license to manufacture or distribute
fertilizer.
(ix) Section 9112, local soil erosion and sedimentation control
permit.
(x) Section 11509, solid waste disposal area construction
permit.
(xi) Section 11512, solid waste disposal area operating
license.
(xii) Section 11542, municipal solid waste incinerator ash
landfill operating license amendment.
(xiii) Section 11702, septage waste servicing license or septage
waste vehicle license.
(xiv) Section 11709, septage waste site permit.
(xv) Section 30104, inland lakes and streams project permit.
(xvi) Section 30304, state permit for dredging, filling, or
other activity in wetland. Permit includes an authorization for a
specific project to proceed under a general permit issued under
section 30312.
(xvii) Section 31509, dam construction, repair, or removal
permit.
(xviii) Section 32312, flood risk, high risk, or environmental
area permit.
(xix) Section 32503, permit for dredging and filling
bottomland.
(xx) Section 32603, permit for submerged log removal from Great
Lakes bottomlands.
(xxi) Section 35304, department permit for critical dune area
use.
(xxii) Section 36505, endangered species permit.
(xxiii) Section 41702, game bird hunting preserve license.
(xxiv) Section 42101, dog training area permit.
(xxv) Section 42501, fur dealer's license.
(xxvi) Section 42702, game dealer's license.
(xxvii) Section 44513, charter boat operating permit under
reciprocal agreement.
(xxviii) Section 44516, boat livery operating permit.
(xxix) Section 45503, permit to take frogs for scientific use.
(xxx) Section 45902, game fish propagation license.
(xxxi) Section 45906, game fish import license.
(xxxii) Section 61525, oil or gas well drilling permit.
(xxxiii) Section 62509, brine, storage, or waste disposal well
drilling or conversion permit or test well drilling permit.
(xxxiv) Section 63103a, ferrous mineral mining permit.
(xxxv) Section 63514 or 63525, surface coal mining and
reclamation permit or revision of the permit, respectively.
(xxxvi) Section 63704, sand dune mining permit.
(xxxvii) Section 72108, use permits for Michigan trailway.
(xxxviii) Section 76109, sunken aircraft or watercraft abandoned
property recovery permit.
(xxxix) Section 76504, Mackinac Island motor vehicle and land
use permits.
(xxxx) Section 80159, buoy or beacon permit.
(e) "Processing deadline" means the last day of the processing
period.
(f) "Processing period" means the following time period after
the close of the application period, for the following permit, as
applicable:
(i) Twenty days for a permit under section 61525 or 62509.
(ii) Thirty days for a permit under section 9112, a permit
under section 30104 for a project described in section 30102a, a
permit under section 32503 for a project described in section
32512b, or a permit under section 44516.
(iii) Thirty days after the department consults with the
underwater salvage and preserve committee created under section
76103, for a permit under section 76109.
(iv) Sixty days, for a permit under section 30104 for a minor
project as established by rule under section 30105(7) or for a
permit under section 32312.
(v) Sixty days or, if a hearing is held, 90 days for a permit
under section 35304.
(vi) Sixty days or, if a hearing is held, 120 days for a permit
under
section 30104, other than a permit for a minor project as
established
by rule under section 30105(7), described
in
subparagraph (ii) or (iv), or for a permit under section 31509.
(vii) Ninety days for a permit under section 11512, a revision
of a surface coal mining and reclamation permit under section
63525, or a permit under section 72108.
(viii) Ninety days or, if a hearing is held, 150 days for a
permit
under section 3104 , or
30304, or a permit under section
32503 other than a permit described in subparagraph (iv), or an
authorization for a specific project to proceed under a general
permit issued under section 30312.
(ix) Ninety days after the close of the review or comment
period under section 32604, or if a public hearing is held, 90 days
after the date of the public hearing for a permit under section
32603.
(x) One hundred twenty days for a permit under section 11509,
11542, 63103a, 63514, or 63704.
(xi) One hundred fifty days for a permit under section 36505.
However, if a site inspection or federal approval is required, the
150-day period is tolled pending completion of the inspection or
receipt of the federal approval.
(xii) For any other permit, 150 days or, if a hearing is held,
90 days after the hearing, whichever is later.
Sec. 30102. (1) Except as provided in this part, a person
without a permit from the department shall not do any of the
following:
(a) Dredge or fill bottomland.
(b) Construct, enlarge, extend, remove, or place a structure
on bottomland.
(c) Construct, reconfigure, or expand a marina.
(d) Create, enlarge, or diminish an inland lake or stream.
(e) Structurally interfere with the natural flow of an inland
lake or stream.
(f) Construct, dredge, commence, extend, or enlarge an
artificial canal, channel, ditch, lagoon, pond, lake, or similar
waterway where the purpose is ultimate connection with an existing
inland lake or stream, or where any part of the artificial waterway
is located within 500 feet of the ordinary high-water mark of an
existing inland lake or stream.
(g) Connect any natural or artificially constructed waterway,
canal, channel, ditch, lagoon, pond, lake, or similar water with an
existing inland lake or stream for navigation or any other purpose.
(2) A person shall not remove submerged logs from rivers or
streams for the purpose of submerged log recovery. This subsection
does not prohibit the department from issuing a permit under this
part for other purposes, including removing logjams or removing
logs that interfere with navigation of the river or stream.
(3) A permit to dredge or fill bottomland is subject to
section 30102a.
Sec. 30102a. A permit to dredge or fill bottomland is subject
to both of the following:
(a) The permit shall be valid for a period of 5 years.
(b) During the term of the permit, the department shall not
require additional environmental studies or surveys.
Sec. 30104. (1) A person shall not undertake a project subject
to this part except as authorized by a permit issued by the
department pursuant to part 13. An application for a permit shall
include any information that may be required by the department. If
a project includes activities at multiple locations, 1 application
may be filed for the combined activities.
(2) Except as provided in subsections (3) and (4), until
October 1, 2015, an application for a permit shall be accompanied
by a fee based on an administrative cost in accordance with the
following schedule:
(a) For activities included in a minor project category, or a
seasonal drawdown or the associated reflooding, or both, of a dam
or impoundment for the purpose of weed control, a fee of $50.00.
However, for a permit for a seasonal drawdown or associated
reflooding, or both, of a dam or impoundment for the purpose of
weed control that is issued for the first time after October 9,
1995, an initial fee of $500.00 with subsequent permits for the
same purpose being assessed a $50.00 fee.
(b) For authorization under a general permit, a $50.00 fee.
(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, unless the
dredge material has been determined through testing to be 90% or
more sand, 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, unless the dredge
material has been determined through testing to be 90% or more
sand.
(ii) Filling of 10,000 cubic yards or more.
(iii) Seawalls, bulkheads, or revetments of 500 feet or more.
(iv) Filling or draining of 1 acre or more of wetland
contiguous to a lake or stream.
(v) New dredging or upland boat basin excavation in areas of
suspected contamination.
(vi) Shore projections, such as groins and underwater
stabilizers, that extend 150 feet or more into a lake or stream.
(vii) New commercial docks or wharves of 300 feet or more in
length.
(viii) Stream enclosures 100 feet or more in length.
(ix) Stream relocations 500 feet or more in length.
(x) New golf courses.
(xi) Subdivisions.
(xii) Condominiums.
(e) For the removal of submerged logs from bottomland of an
inland lake, a $500.00 fee.
(f) For dredging projects of 10,000 cubic yards or more at
marinas in which the dredge material is determined through testing
to be 90% or more sand, a $500.00 fee.
(g) (f)
For all other projects not listed
in subdivisions (a)
through
(e), (f), a fee of $500.00.
(3) A project that requires review and approval under this
part and 1 or more of the following acts or parts of acts is
subject to only the single highest permit fee required under this
part or the following acts or parts of acts:
(a) Part 303.
(b) Part 323.
(c) Part 325.
(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
required under this section.
Sec. 32512. (1) Except as provided in subsection (2), unless a
permit has been granted by the department pursuant to part 13 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) A permit to dredge or place spoil or other material on
bottomland is subject to section 32512b.
(3) (2)
Except as provided in subsection (3),
(4), 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.
(4) (3)
Subsection (2) (3) does
not apply to lands included in
the survey of the delta of the St. Clair River, otherwise referred
to as the St. Clair flats, located within Clay township, St. Clair
county, as provided for in 1899 PA 175.
Sec. 32512b. A permit to dredge or place spoil or other
material on bottomland is subject to all of the following:
(a) The permit shall be valid for a period of 5 years.
(b) During the term of the permit, the department shall not
require additional environmental studies or surveys.
(c) The permit shall allow open lake disposal of dredge
material that is not contaminated with toxic substances as defined
in R 323.1205 of the Michigan administrative code in waters with a
depth of 90 feet or more or at a location that is at least 1.5
kilometers from shore, or both.
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, 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, unless the
dredge material has been determined through testing to be 90% or
more sand, 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, unless the dredge
material has been determined through testing to be 90% or more
sand.
(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 dredging projects of 10,000 cubic yards or more at
marinas in which the dredge material is determined through testing
to be 90% or more sand, a $500.00 fee.
(f) (e)
For all other projects not listed
in subdivisions (a)
to
(d), (e), $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.
Sec. 32514. (1) Upon receipt of the application, the
department shall mail copies of the application to the department
of
public community health, the clerks of the county, city,
village, and township, and, if one exists, the drain commissioner
of
the county, or, if none, the road commissioner of the
county, in
which the project or body of water affected is located, and to the
adjacent
riparian owners. , accompanied by Along with the
application, the department shall include a statement that unless a
written objection is filed with the department within 20 days after
the mailing of the copies of the application, the department may
take
action to grant the application. The department may set the
application
for hold a public hearing on the application. At
least
10
days' If the department holds
a public hearing, the department
shall
provide notice of the public hearing
shall be given by
publication in a newspaper circulated in the county and by mailing
copies of the notice to the persons named in this section at least
10 days prior to the date of the public hearing.
(2) Notwithstanding subsection (1), the department may issue a
permit before the expiration of the 20-day period if emergency
conditions warrant a project to protect property or public health,
safety, or welfare.