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






     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




     (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




     (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




     (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




     (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




     (a) Does not have continuous flow.


     (b) Flows primarily as a result of precipitation-induced


surface runoff or groundwater drained through subsurface drainage




     (c) Serves agricultural production.


     (d) Was constructed before January 1, 1973, or was constructed


in compliance with this part or former 1979 PA 203.