HB-4892, As Passed House, June 29, 2005

HOUSE BILL No. 4892

June 7, 2005, Introduced by Reps. Casperson, Palmer, Pastor, Emmons, Mortimer, Garfield, Gosselin, LaJoy, Brown, Drolet, Amos, Moore, Hoogendyk, Green, Shaffer, McDowell, Schuitmaker, Caul, Hansen, Pearce, Stahl, Wenke, Kahn, Vander Veen, Acciavatti, Rocca, Farhat, Taub, Jones, Steil, Hummel, Walker, Baxter, Stakoe, Adamini, Hune, Hildenbrand, Gaffney, Moolenaar, Stewart, Pavlov, Proos, Booher, Gleason, Espinoza, Nofs, Meyer, Newell, Elsenheimer, Caswell, Ball, Van Regenmorter, Huizenga, Dillon, Nitz, Marleau and Robertson and referred to the Committee on Transportation.

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 30312 (MCL 324.30312), as amended by 2003 PA

14.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 30312. (1) The department, after notice and opportunity

for a public hearing, may issue general permits on a statewide

basis or within a local unit of government for a category of

activities if the department determines that the activities are

similar in nature, will cause only minimal adverse environmental

effects when performed separately, and will have only minimal

cumulative adverse effect on the environment. A general permit

issued under this subsection shall be based on the requirements of

this part and the rules promulgated under this part , and shall set

forth the requirements and standards that shall apply to an

activity authorized by the general permit.

     (2)  The Subject to subsection (3), the department may impose

conditions on a permit for a use or development if the conditions

are designed to  remove do 1 or more of the following:

     (a) Remove an impairment to the wetland benefits , to

mitigate of the wetland.

(b) Mitigate the impact of a discharge of fill material.  , or

to otherwise

(c) Otherwise improve the water quality.

(3) If both of the following requirements are met, the

department shall not impose conditions under subsection (2)(b) on a

permit for an activity undertaken in conjunction with road work,

without the consent of the entity with legal jurisdiction over the

road:

     (a) The road was in existence on the effective date of the

amendatory act that added this subsection.

     (b) The activity takes place within the right-of-way of the

road.

(4)   (3)  The department may establish a reasonable time when

the construction, development, or use is to be completed or

terminated. A general permit shall not be valid for more than 5

years.

(5)   (4)  A general permit under this section may be issued

for the mowing of vegetation or the removal of vegetation in the

area between the ordinary high-water mark and the water's edge. An

House Bill No. 4892 as amended June 29, 2005

application under this subsection may be submitted by a local unit

of government on behalf of property owners within its jurisdiction

or by 1 or more adjacent property owners for riparian property

located within the same county.

(6) As used in this section:

     (a) "Road" means a city or village street, county road, or

state trunk line highway.

     (b) "Road work" means [PRESERVATION AS DEFINED UNDER SECTION 10C OF

1951 PA 51, MCL 247.660C.

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