SENATE BILL NO. 429



   March 11, 1999, Introduced by Senators BULLARD, STILLE and STEIL 
        and referred to the Committee on Natural Resources and
        Environmental Affairs.



        A bill to amend 1994 PA 451, entitled

   "Natural resources and environmental protection act,"

   by amending section 30509 (MCL 324.30509), as added by 1995 PA

   59.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 30509.  (1) The ZONING ordinance or ZONING rule shall

 2    establish zoning districts within which  such uses of land
             as for

 3     agriculture, forestry, recreation, residence, industry,
                       commerce,

 4     and additional uses  AGRICULTURAL, SILVICULTURAL,
                       RECREATIONAL,

 5    RESIDENTIAL, INDUSTRIAL, COMMERCIAL, AND OTHER USES OF LAND may

 6    be encouraged, regulated, or prohibited.  It may limit
             

 7         (2) THE ZONING ORDINANCE OR ZONING RULE MAY DO 1 OR MORE OF

 8    THE FOLLOWING:

 9         (A) LIMIT or prohibit the placement of structures of any

10    class or designate their location with relation to the water's


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 1    edge, to property or subdivision lines, and to flood flows. 
             and

 2     may limit 

 3         (B) LIMIT the subdivision of lands for platting purposes.

 4     It may control 

 5         (C) CONTROL the location and design of highways and roads

 6    and of public utility transmission and distribution lines, except

 7    on lands or other interests in real property owned by the utility

 8    on January 1, 1971.  It may prohibit 

 9         (D) PROHIBIT or limit the cutting of trees or other vegeta-

10    tion  , but such limits shall not apply for a distance of
              WITHIN

11    NOT more than 100 feet from the river's edge.  It may

12     specifically 

13         (E) SPECIFICALLY prohibit or limit mining and drilling for

14    oil and gas  , but such limits shall not apply for a
             distance of 

15    WITHIN NOT more than 300 feet from the river's edge.  It may

16     contain 

17         (F) CONTAIN other provisions necessary to accomplish the

18    objectives of this part.

19         (3) THE ZONING ORDINANCE OR ZONING RULE SHALL NOT PROHIBIT

20    ANY OF THE FOLLOWING ON PRIVATE PROPERTY:

21         (A) THE SANDING OF BEACHES.

22         (B) MOWING.

23         (C) WOOD, STONE, OR CEMENT WALKWAYS.

24         (D) GAZEBOS.

25         (E) ORNAMENTAL FLOWERS.

26         (4) A zoning rule promulgated by the department shall not

27    control lands more than 400 feet from the river's edge.



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