March 10, 2015, Introduced by Senators PAVLOV and CASPERSON and referred to the Committee on Natural Resources.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 30103 (MCL 324.30103), as amended by 2014 PA
253.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 30103. (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 the riparian owner or a person authorized by the riparian owner.
(d) Maintenance of an agricultural drain, regardless of
outlet, if all of the following requirements are met:
(i) The maintenance includes only activities that maintain the
location, depth, and bottom width of the drain as constructed or
modified at any time before July 1, 2014.
(ii) The maintenance is performed by the landowner or pursuant
to the drain code of 1956, 1956 PA 40, MCL 280.1 to 280.630.
(e) A waste collection or treatment facility that is ordered
to be constructed or is approved for construction under state or
federal water pollution control law, if constructed in upland.
(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 rural development,
and the director of the state transportation department or their
designated representatives. The rules shall be reviewed at least
annually.
(g) Maintenance of a drain that either was legally established
and constructed before 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, or was constructed or modified
under a permit issued pursuant to this part. As used in this
subdivision, "maintenance of a drain" means the physical
preservation of the location, depth, and bottom width of a drain
and appurtenant structures to restore the function and approximate
capacity of the drain as constructed or modified at any time before
July 1, 2014, and includes, but is not limited to, the following
activities if performed with best management practices:
(i) Excavation of accumulated sediments back to original
contours.
(ii) Reshaping of the side slopes.
(iii) Bank stabilization where reasonably necessary to prevent
erosion. Materials used for stabilization must be compatible with
existing bank or bed materials.
(iv) Armoring, lining, or piping if a previously armored,
lined, or piped section is being repaired and all work occurs
within the footprint of the previous work.
(v) Replacement of existing control structures, if the
original function of the drain is not changed and the original
approximate capacity of the drain is not increased.
(vi) Repair of stabilization structures.
(vii) Culvert replacement, including culvert extensions of not
more than 24 additional feet per culvert.
(viii) Emergency reconstruction of recently damaged parts of the
drain. Emergency reconstruction must occur within a reasonable
period of time after damage occurs in order to qualify for this
exemption.
(h) Projects constructed under the watershed protection and
flood
prevention act, chapter 656, 68 Stat. 666, 16 USC 1001 to
1008,
1010, and 1011.1012.
(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.
(m) Controlled access of livestock to streams for watering or
crossing if constructed in accordance with applicable practice
standards
set by the United States department of agriculture,
natural
resources conservation service.Department
of Agriculture,
Natural Resources Conservation Service.
(n) Temporary drawdowns of impoundments at hydroelectric
projects
licensed by the federal energy regulatory commission
Federal Energy Regulatory Commission (FERC) and subject to FERC's
authority if both of the following apply:
(i) The FERC licensee has consulted this state during the
drawdown plan development and this state's concerns have been
addressed in the drawdown plan as FERC considers appropriate.
(ii) Adverse environmental impacts, including stream flow,
aquatic resources, and timing, have been avoided and minimized to
the extent practical.
(o) Removal, by the riparian owner or a person authorized by
the riparian owner, of plants that are an aquatic nuisance as
defined in section 3301, if the removal is accomplished by hand-
pulling without using a powered or mechanized tool and all plant
fragments are removed from the water and properly disposed of on
land above the ordinary high-water mark as defined in section
30101.
(p) Raking of lake bottomlands by the riparian owner or a
person authorized by the riparian owner. To minimize effects on the
lake bottomlands, the areas raked shall be unvegetated before
raking and predominantly composed of sand or pebbles, and the
raking shall be performed without using a powered or mechanized
tool. For the purposes of this subdivision, the pulling of a
nonpowered, nonmechanized tool with a boat is not the use of a
powered or mechanized tool.
(q) Excavation or mining activities associated with an active
mining operation unless the excavation or mining activities create
an inland lake with a surface area of 5 acres or greater. If the
creation of an inland lake is prevented, or if a body of water is
created but the surface area of the body of water is maintained at
less than 5 acres, through pumping or other natural or artificial
means, then a permit is not required unless pumping or other
natural or artificial means fails to maintain the surface area of
the body of water at less than 5 acres.
(2) As used in this section, "water withdrawal" means the
removal of water from its source for any purpose.
(3) As used in this part, "agricultural drain" means a human-
made conveyance of water that meets all of the following
requirements:
(a) Does not have continuous flow.
(b) Flows primarily as a result of precipitation-induced
surface runoff or groundwater drained through subsurface drainage
systems.
(c) Serves agricultural production.
(d) Was constructed before January 1, 1973, or was constructed
in compliance with this part or former 1979 PA 203.