HB-4257,As Passed Senate,May 29, 2003
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 4257
(As amended May 29, 2003)
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 30301, 30305, 30306, 30312, 32501, 32512,
and 32513 (MCL 324.30301, 324.30305, 324.30306, 324.30312,
324.32501, 324.32512, and 324.32513), sections 30301, 30312,
32501, and 32512 as added by 1995 PA 59, section 30305 as amended
by 1996 PA 550, section 30306 as amended by 1998 PA 228, and
section 32513 as amended by 1999 PA 106, and by adding sections
32512a and 32516.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 30301. As used in this part:
<<(a) "Beach" means the area landward of the shoreline of the Great Lakes as the term shoreline is defined in section 32301.>>
2 <<(b)>> "Beach maintenance activities" means any of the following
3 in the area of Great Lakes bottomlands lying below the ordinary
4 high-water mark and above the water's edge:
5 (i) Manual or mechanized leveling of sand.
House Bill No. 4257 as amended May 29, 2003
1 (ii) Mowing of vegetation.
2 (iii) Manual de minimis removal of vegetation.
3 (iv) Grooming of soil.
4 (v) Construction and maintenance of a path.
5 <<(c)>> "Debris" means animal or fish carcasses, zebra mussel
6 shells, dead vegetation, trash, and discarded materials of
7 human-made origin.
8 <<(d)>> "Department" means the department of environmental
9 quality.
10 <<(e)>> "Director" means the director of the department.
11 <<(f)>> (a) "Fill material" means soil, rocks, sand,
waste of
12 any kind, or any other material that displaces soil or water or
13 reduces water retention potential.
14 <<(g)>> "Environmental area" means an environmental area as
15 defined in section 32301.
16 <<(h)>> "Grooming of soil" means raking or dragging, pushing, or
17 pulling metal teeth through the top 4 inches of soil without
18 disturbance of or destruction to plant roots, for the purpose of
19 removing debris.
20 <<(i)>> "Leveling of sand" means the relocation of sand within
21 areas being leveled that are predominantly free of vegetation,
22 including the redistribution, grading, and spreading of sand that
23 has been deposited through wind or wave action onto upland
24 riparian property.
25 <<(j)>> (b) "Minor drainage" includes ditching and
tiling for
26 the removal of excess soil moisture incidental to the planting,
27 cultivating, protecting, or harvesting of crops or improving the
House Bill No. 4257 as amended May 29, 2003
1 productivity of land in established use for agriculture,
2 horticulture, silviculture, or lumbering.
3 <<(k)>> "Mowing of vegetation" means the cutting of vegetation to
4 a height of not less than 2 inches, without disturbance of soil
5 or plant roots.
6 <<(l)>> "Ordinary high-water mark" means that term as it is
7 defined in section 32502.
8 <<(m)>> "Path" means a temporary access walkway from the upland
9 riparian property directly to the shoreline across swales with
10 standing water, not exceeding 6 feet in bottom width and
11 consisting of sand and pebbles obtained from the exposed,
12 nonvegetated bottomlands or from the upland riparian property.
13 <<(n)>> (c) "Person" means an individual, sole
proprietorship,
14 partnership, corporation, association, municipality, this state,
15 and an instrumentality or agency of this state,
the federal
16 government, or an
instrumentality or agency of the federal
17 government, or other legal entity.
18 <<(o)>> "Removal of vegetation" means the manual or mechanized
19 removal of vegetation, other than the manual de minimis removal
20 of vegetation.
21 <<(p)>> (d) "Wetland" means land characterized by the
presence
22 of water at a frequency and duration sufficient to support, and
23 that under normal circumstances does support, wetland vegetation
24 or aquatic life, and is commonly referred to as a bog, swamp, or
25 marsh and which is any of the following:
26 (i) Contiguous to the Great Lakes or Lake St. Clair, an
27 inland lake or pond, or a river or stream.
1 (ii) Not contiguous to the Great Lakes, an inland lake or
2 pond, or a river or stream; and more than 5 acres in size; except
3 this subparagraph shall not be of effect, except for the purpose
4 of inventorying, in counties of less than 100,000 population
5 until the department certifies to the commission it has
6 substantially completed its inventory of wetlands in that
7 county.
8 (iii) Not contiguous to the Great Lakes, an inland lake or
9 pond, or a river or stream; and 5 acres or less in size if the
10 department determines that protection of the area is essential to
11 the preservation of the natural resources of the state from
12 pollution, impairment, or destruction and the department has so
13 notified the owner; except this subparagraph may be utilized
14 regardless of wetland size in a county in which subparagraph (ii)
15 is of no effect; except for the purpose of inventorying, at the
16 time.
17 Sec. 30305. (1) Activities that require a permit under
18 part 325 or part 301 or a discharge that is authorized by a
19 discharge permit under section 3112 or 3113 do not require a
20 permit under this part.
21 (2) The following uses are allowed in a wetland without a
22 permit subject to other laws of this state and the owner's
23 regulation:
24 (a) Fishing, trapping, or hunting.
25 (b) Swimming or boating.
26 (c) Hiking.
27 (d) Grazing of animals.
1 (e) Farming, horticulture, silviculture, lumbering, and
2 ranching activities, including plowing, irrigation, irrigation
3 ditching, seeding, cultivating, minor drainage, harvesting for
4 the production of food, fiber, and forest products, or upland
5 soil and water conservation practices. Wetland altered under
6 this subdivision shall not be used for a purpose other than a
7 purpose described in this subsection without a permit from the
8 department.
9 (f) Maintenance or operation of serviceable structures in
10 existence on October 1, 1980 or constructed pursuant to this part
11 or former Act No. 203
of the Public Acts of 1979 1979 PA 203.
12 (g) Construction or maintenance of farm or stock ponds.
13 (h) Maintenance, operation, or improvement which includes
14 straightening, widening, or deepening of the following which is
15 necessary for the production or harvesting of agricultural
16 products:
17 (i) An existing private agricultural drain.
18 (ii) That portion of a drain legally established pursuant to
19 the drain code of 1956, Act
No. 40 of the Public Acts of 1956,
20 being sections 280.1
to 280.630 of the Michigan Compiled Laws
21 1956 PA 40, MCL 280.1 to 280.630, which has been constructed or
22 improved for drainage purposes.
23 (iii) A drain constructed pursuant to other provisions of
24 this part or former Act
No. 203 of the Public Acts of 1979 1979
25 PA 203.
26 (i) Construction or maintenance of farm roads, forest roads,
27 or temporary roads for moving mining or forestry equipment, if
1 the roads are constructed and maintained in a manner to assure
2 that any adverse effect on the wetland will be otherwise
3 minimized.
4 (j) Drainage necessary for the production and harvesting of
5 agricultural products if the wetland is owned by a person who is
6 engaged in commercial farming and the land is to be used for the
7 production and harvesting of agricultural products. Except as
8 otherwise provided in this part, wetland improved under this
9 subdivision after October 1, 1980 shall not be used for
10 nonfarming purposes without a permit from the department. This
11 subdivision shall does
not apply to a wetland which that is
12 contiguous to a lake or stream, or to a tributary of a lake or
13 stream, or to a wetland that the department has determined by
14 clear and convincing evidence to be a wetland that is necessary
15 to be preserved for the public interest, in which case a permit
16 is required.
17 (k) Maintenance or improvement of public streets, highways,
18 or roads, within the right-of-way and in such a manner as to
19 assure that any adverse effect on the wetland will be otherwise
20 minimized. Maintenance or improvement does not include adding
21 extra lanes, increasing the right-of-way, or deviating from the
22 existing location of the street, highway, or road.
23 (l) Maintenance, repair, or operation of gas or oil pipelines
24 and construction of gas or oil pipelines having a diameter of 6
25 inches or less, if the pipelines are constructed, maintained, or
26 repaired in a manner to assure that any adverse effect on the
27 wetland will be otherwise minimized.
1 (m) Maintenance, repair, or operation of electric
2 transmission and distribution power lines and construction of
3 distribution power lines, if the distribution power lines are
4 constructed, maintained, or repaired in a manner to assure that
5 any adverse effect on the wetland will be otherwise minimized.
6 (n) Operation or maintenance, including reconstruction of
7 recently damaged parts, of serviceable dikes and levees in
8 existence on October 1, 1980 or constructed pursuant to this part
9 or former Act No. 203
of the Public Acts of 1979 1979 PA 203.
10 (o) Construction of iron and copper mining tailings basins
11 and water storage areas.
12 (p) Until November 1, 2007, beach maintenance activities that
13 meet all of the following conditions:
14 (i) The activities shall not occur in environmental areas and
15 shall not violate part 365 or rules promulgated under that part,
16 or the endangered species act of 1973, Public Law 93-205, 87
17 Stat. 884, or rules promulgated under that act.
18 (ii) The width of any mowing of vegetation shall not exceed
19 the width of the riparian property or 100 feet, whichever is
20 less.
21 (iii) All collected debris shall be disposed of properly
22 outside of any wetland.
23 (q) Until 3 years after the effective date of the amendatory
24 act that added this subdivision, removal of vegetation as
25 authorized under section 32516.
26 (3) An activity in a wetland that was effectively drained for
27 farming before October 1, 1980 and that on and after October 1,
1 1980 has continued to be effectively drained as part of an
2 ongoing farming operation is not subject to regulation under this
3 part.
4 (4) A wetland that is incidentally created as a result of 1
5 or more of the following activities is not subject to regulation
6 under this part:
7 (a) Excavation for mineral or sand mining, if the area was
8 not a wetland before excavation. This exemption does not include
9 a wetland on or adjacent to a water body of 1 acre or more in
10 size.
11 (b) Construction and operation of a water treatment pond or
12 lagoon in compliance with the requirements of state or federal
13 water pollution control regulations.
14 (c) A diked area associated with a landfill if the landfill
15 complies with the terms of the landfill construction permit and
16 if the diked area was not a wetland before diking.
17 Sec. 30306. (1) Except as provided in section 30307(6), to
18 obtain a permit for a use or development listed in section 30304,
19 a person shall file an application with the department on a form
20 provided by the department. The application shall include all of
21 the following:
22 (a) The person's name and address.
23 (b) The location of the wetland.
24 (c) A description of the wetland on which the use or
25 development is to be made.
26 (d) A statement and appropriate drawings describing the
27 proposed use or development.
1 (e) The wetland owner's name and address.
2 (f) An environmental assessment of the proposed use or
3 development if requested by the department, which assessment
4 shall include the effects upon wetland benefits and the effects
5 upon the water quality, flow, and levels, and the wildlife, fish,
6 and vegetation within a contiguous lake, river, or stream.
7 (2) For the purposes of subsection (1), a proposed use or
8 development of a wetland shall be considered as a single permit
9 application under this part if the scope, extent, and purpose of
10 a use or development are made known at the time of the
11 application for the permit.
12 (3) Except as provided in subsections (4) and (5), an
13 application for a permit submitted under subsection (1) shall be
14 accompanied by the following fee:
15 (a) For a project in a category of activities for which a
16 general permit is issued under section 30312, a fee of $100.00.
17 (b) For a permit for the removal of vegetation in an area
18 that is not more than 100 feet wide or the width of the property,
19 whichever is less, or the mowing of vegetation in excess of what
20 is allowed in section 30305(2)(p)(ii), in the area between the
21 ordinary high-water mark and the water's edge, a fee of $50.00.
22 (c) (b) For
a major project, including any of the
23 following, a fee of $2,000.00:
24 (i) Filling or draining of 1 acre or more of coastal or
25 inland wetland.
26 (ii) 10,000 cubic yards or more of wetland fill.
27 (iii) A new golf course impacting wetland.
1 (iv) A subdivision impacting wetland.
2 (v) A condominium impacting wetland.
3 (d) (c) For
all other projects, a fee of $500.00.
4 (4) A project that requires review and approval under this
5 part and 1 or more of the following is subject to only the single
6 highest permit fee required under this part or the following:
7 (a) Section 3104.
8 (b) Part 301.
9 (c) Part 323.
10 (d) Part 325.
11 (e) Section 117 of the land division act, 1967 PA 288, MCL
12 560.117.
13 (5) If work has been done in violation of a permit
14 requirement under this part and restoration is not ordered by the
15 department, the department may accept an application for a permit
16 if the application is accompanied by a fee equal to twice the
17 permit fee required under this section.
18 (6) If the department determines that a permit is not
19 required under this part, the department shall promptly refund
20 the fee paid under this section.
21 Sec. 30312. (1) The department, after notice and
22 opportunity for a public hearing, may issue general permits on a
23 state or county statewide basis or within a local unit of
24 government for a category of activities if the department
25 determines that the activities are similar in nature, will cause
26 only minimal adverse environmental effects when performed
27 separately, and will have only minimal cumulative adverse effect
House Bill No. 4257 as amended May 29, 2003
1 on the environment. A general permit issued under this
2 subsection shall be based on the requirements of this part and
3 the rules promulgated under this part, and shall set forth the
4 requirements and standards that shall apply to an activity
5 authorized by the general permit.
6 (2) The department may impose conditions on a permit for a
7 use or development if the conditions are designed to remove an
8 impairment to the wetland benefits, to mitigate the impact of a
9 discharge of fill material, or to otherwise improve the water
10 quality.
11 (3) The department may establish a reasonable time when the
12 construction, development, or use is to be completed or
13 terminated. A general permit shall not be valid for more than 5
14 years.
15 (4) A general permit under this section may be issued for the
16 mowing of vegetation or the removal of vegetation in the area
17 between the ordinary high-water mark and the water's edge. An
18 application under this subsection may be submitted by a local
19 unit of government on behalf of property owners within its
20 jurisdiction or by 1 or more adjacent property owners for
21 riparian property located within the same county.
22 Sec. 32501. As used
in this part: , "marina
<<(a) "Beach" means the area landward of the shoreline of the Great Lakes as the term shoreline is defined in section 32301.>>
23 <<(b)>> "Beach maintenance activities" means any of the following
24 in the area of Great Lakes bottomlands lying below the ordinary
25 high-water mark and above the water's edge:
26 (i) Manual or mechanized leveling of sand.
27 (ii) Mowing of vegetation.
House Bill No. 4257 as amended May 29, 2003
1 (iii) Manual de minimis removal of vegetation.
2 (iv) Grooming of soil.
3 (v) Construction and maintenance of a path.
4 <<(c)>> "Debris" means animal or fish carcasses, zebra mussel
5 shells, dead vegetation, trash, and discarded materials of
6 human-made origin.
7 <<(d)>> "Department" means the department of environmental
8 quality.
9 <<(e)>> "Director" means the director of the department.
10 <<(f)>> "Environmental area" means an environmental area as
11 defined in section 32301.
12 <<(g)>> "Grooming of soil" means raking or dragging, pushing, or
13 Pulling metal teeth through the top 4 inches of soil without
14 disturbance of or destruction to plant roots, for the purpose of
15 removing debris.
16 <<(h)>> "Leveling of sand" means the relocation of sand within
17 areas being leveled that are predominantly free of vegetation,
18 including the redistribution, grading, and spreading of sand that
19 has been deposited through wind or wave action onto upland
20 riparian property.
21 <<(i)>> "Marina purposes" means an operation making use of
22 submerged bottomlands or filled-in bottomlands of the Great Lakes
23 for the purpose of service to boat owners or operators, which
24 operation may restrict or prevent the free public use of the
25 affected bottomlands or filled-in lands.
26 <<(j)>> "Mowing of vegetation" means the cutting of vegetation to
27 a height of not less than 2 inches, without disturbance of soil
House Bill No. 4257 as amended May 29, 2003
1 or plant roots.
2 <<(k)>> "Path" means a temporary access walkway from the upland
3 riparian property directly to the shoreline across swales with
4 standing water, not exceeding 6 feet in bottom width and
5 consisting of sand and pebbles obtained from the exposed,
6 nonvegetated bottomlands or from the upland riparian property.
7 <<(l)>> "Removal of vegetation" means the manual or mechanized
8 removal of vegetation other than the de minimis removal of
9 vegetation.
10 <<(m)>> "Wetland" means that term as it is defined in section
11 30301.
12 Sec. 32512. (1) Unless a permit has been granted by the
13 department or authorization has been granted by the legislature,
14 or except as to boat wells and slips facilitating private,
15 noncommercial, recreational boat use, not exceeding 50 feet in
16 length where the spoil is not disposed of below the ordinary
17 high-water mark of the body of water to which it is connected, a
18 person shall not do any of the following:
19 (a) Construct, dredge, commence, or do any work with respect
20 to an artificial canal, channel, ditch, lagoon, pond, lake, or
21 similar waterway where the purpose is ultimate connection of the
22 waterway with any of the Great Lakes, including Lake St. Clair.
23 (b) Connect any natural or artificially constructed waterway,
24 canal, channel, ditch, lagoon, pond, lake, or similar waterway
25 with any of the Great Lakes, including Lake St. Clair, for
26 navigation or any other purpose.
27 (c) Dredge or place spoil or other material on bottomland.
1 (d) Construct a marina.
2 (2) Notwithstanding subsection (1), and with respect to lands
3 covered and affected by this part, a permit or other approval is
4 not required under this part for either of the following:
5 (a) Until November 1, 2007, beach maintenance activities that
6 meet all of the following conditions:
7 (i) The activities shall not occur in environmental areas and
8 shall not violate part 365 or rules promulgated under that part,
9 or the endangered species act of 1973, Public Law 93-205, 87
10 Stat. 884, or rules promulgated under that act.
11 (ii) The width of any mowing of vegetation shall not exceed
12 the width of the riparian property or 100 feet, whichever is
13 less.
14 (iii) All collected debris shall be disposed of properly
15 outside of any wetland.
16 (b) Until 3 years after the effective date of the amendatory
17 act that added this subdivision, removal of vegetation as
18 authorized in section 32516.
19 Sec. 32512a. (1) The department, after notice and
20 opportunity for a public hearing, may issue general permits on a
21 statewide basis or within a local unit of government for a
22 category of activities if the department determines that the
23 activities are similar in nature, will cause only minimal adverse
24 environmental effects when performed separately, and will have
25 only minimal cumulative adverse effect on the environment. A
26 general permit issued under this subsection shall be based on the
27 requirements of this part and the rules promulgated under this
1 part, and shall set forth the requirements and standards that
2 shall apply to an activity authorized by the general permit.
3 (2) A general permit issued under this section shall not be
4 valid for more than 5 years.
5 (3) A general permit under this section may be issued for the
6 mowing of vegetation or the removal of vegetation in the area
7 between the ordinary high-water mark and the water's edge. An
8 application under this subsection may be submitted by a local
9 unit of government on behalf of property owners within its
10 jurisdiction or by 1 or more adjacent property owners for
11 riparian property located within the same county.
12 Sec. 32513. (1) Before any work or connection specified in
13 section 32512 or 32512a is undertaken, a person shall file an
14 application with the department of environmental quality setting
15 forth the following:
16 (a) The name and address of the applicant.
17 (b) The legal description of the lands included in the
18 project.
19 (c) A summary statement of the purpose of the project.
20 (d) A map or diagram showing the proposal on an adequate
21 scale with contours and cross-section profiles of the waterway to
22 be constructed.
23 (e) Other information required by the department of
24 environmental quality.
25 (2) Except as provided in subsections (3) and (4), an
26 application for a permit under this section shall be accompanied
27 by a fee according to the following schedule:
1 (a) Until October 1, 2003 2004:
2 (i) For a project in a category at activities for which a
3 general permit is issued under section 32512a, a fee of $100.00.
4 (ii) (i) For
activities included in the minor project
5 category as described in rules promulgated under this part and
6 for a permit for the removal of vegetation in an area that is not
7 more than 100 feet wide or the width of the property, whichever
8 is less, or the mowing of vegetation in excess of what is allowed
9 in section 32512(2)(a)(ii), in the area between the ordinary
10 high-water mark and the water's edge, a fee of $50.00.
11 (iii) (ii) For
construction or expansion of a marina, a fee
12 of:
13 (A) $50.00 for an expansion of 1-10 slips to an existing
14 permitted marina.
15 (B) $100.00 for a new marina with 1-10 proposed marina
16 slips.
17 (C) $250.00 for an expansion of 11-50 slips to an existing
18 permitted marina, plus $10.00 for each slip over 50.
19 (D) $500.00 for a new marina with 11-50 proposed marina
20 slips, plus $10.00 for each slip over 50.
21 (E) $1,500.00 if an existing permitted marina proposes
22 maintenance dredging of 10,000 cubic yards or more or the
23 addition of seawalls, bulkheads, or revetments of 500 feet or
24 more.
25 (iv) (iii) For major
projects other than a project
26 described in subparagraph
(ii)(E) (iii)(E),
involving any of
27 the following, a fee of $2,000.00:
1 (A) Dredging of 10,000 cubic yards or more.
2 (B) Filling of 10,000 cubic yards or more.
3 (C) Seawalls, bulkheads, or revetment of 500 feet or more.
4 (D) Filling or draining of 1 acre or more of coastal
5 wetland.
6 (E) New dredging or upland boat basin excavation in areas of
7 suspected contamination.
8 (F) New breakwater or channel jetty.
9 (G) Shore protection, such as groins and underwater
10 stabilizers, that extend 150 feet or more on Great Lakes
11 bottomlands.
12 (H) New commercial dock or wharf of 300 feet or more in
13 length.
14 (v) (iv) For all
other projects not listed in subparagraphs
15 (i) through (iii) (iv), $500.00.
16 (b) Beginning October 1, 2003 2004, a fee of
$50.00 for any
17 project listed in subdivision (a).
18 (3) A project that requires review and approval under this
19 part and 1 or more of the following is subject to only the single
20 highest permit fee required under this part or the following:
21 (a) Part 301.
22 (b) Part 303.
23 (c) Part 323.
24 (d) Section 3104.
25 (e) Section 117 of the land division act, 1967 PA 288, MCL
26 560.117.
27 (4) If work has been done in violation of a permit
House Bill No. 4257 as amended May 29, 2003
1 requirement under this part and restoration is not ordered by the
2 department of environmental quality, the department of
3 environmental quality may accept an application for a permit if
4 the application is accompanied by a fee equal to 2 times the
5 permit fee required under this section.
6 (5) The department of environmental quality shall forward all
7 fees collected under this section to the state treasurer for
8 deposit into the land and water management permit fee fund
9 created in section 30113.
10 Sec. 32516. (1) Within 10 working days after the effective
11 date of the amendatory act that added this section, the director
12 shall identify 2 areas of the shoreline of the Great Lakes and
13 Lake St. Clair where the removal of vegetation between the
14 ordinary high-water mark and the water's edge shall be allowed
15 without a permit under this part or part 303. The designation
16 shall be made in writing, is final, and is not subject to
17 appeal. Within 1 year after this designation is made, the
18 director <<may>> designate additional areas unless he or she
19 determines that making additional designations would result in
20 pollution, impairment, <<or>> destruction to the natural resources
21 of the state. Within areas designated by the director under this
22 subsection, the removal of vegetation is allowed if all of the
23 following conditions are met:
24 (a) The landowner has received a letter of approval from the
25 department under subsection (2) confirming <<at least 3>> of the following:
26 <<(i) The area is unconsolidated material predominately composed of
27 sand, rock, or pebbles, or is predominately vegetated by non-native or
House Bill No. 4257 as amended May 29, 2003
1 invasive species.
2 (ii) The area met the requirement of subparagraph (i) as of January 1, 1997.>>
3 <<(iii)>> The removal of vegetation does not violate part 365 or
4 rules promulgated under that part, or the endangered species act
5 of 1973, Public Law 93-205, 87 Stat. 884, or rules promulgated
6 under that act.
7 <<(iv)>> The area in which removal of vegetation may occur is
8 not an environmental area.
9 (b) <<The >>
10 area in which removal of vegetation may occur does not exceed 50%
11 of the width of the upland riparian property or 100 feet,
12 whichever is greater<<, or a wider area if approved by the director>>.
13 <<
14
15
16
17 >>
18 <<(c)>> All collected vegetation shall be disposed of properly
19 outside of any wetland.
20 (2) A person who owns riparian property on the shoreline of
21 the Great Lakes or Lake St. Clair within an area designated under
22 subsection (1) may submit to the director a request to conduct
23 removal of vegetation. The request shall be submitted by
24 certified mail or facsimile and shall include the address of the
25 property, a parcel description by section, township, and range,
26 the parcel tax number, <<the width in feet of the shoreline frontage, the width of the area proposed for removal of vegetation,>> and permission for the department to
27 conduct an on-site inspection, if needed. Within 10 working days
House Bill No. 4257 as amended May 29, 2003
1 after receipt of a request under this subsection, the director
2 shall notify the riparian property owner, in writing, whether the
3 conditions in subsection (1)(a) are met.
4 (3) Upon receipt of a letter of approval under subsection
5 (2), the riparian property owner may conduct the removal of
6 vegetation as provided in subsection (1).
7 (4) By January 1, 2006, the director shall prepare and submit
8 to the senate majority leader, speaker of the house of
9 representatives, the standing committees of the legislature with
10 jurisdiction primarily related to natural resources and the
11 environment, and the governor a report that evaluates the
12 activities allowed under subsection (1), describes the impacts to
13 the affected areas, and recommends statutory changes based upon
14 the evaluation<<, if appropriate>>.
15 <<
16
17
18
19
20
21
22 >>