February 22, 2005, Introduced by Reps. Palmer, Gosselin, Schuitmaker, Casperson, Pastor, Moore, Huizenga, Nitz and Stakoe and referred to the Committee on Natural Resources, Great Lakes, Land Use, and Environment.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 32516 (MCL 324.32516), as added by 2003 PA 14.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
32516. (1) Within 10 working days after the effective
date
of the amendatory act that added this section By
June 19,
2003, the director shall identify 2 areas of the shoreline of the
Great Lakes and Lake St. Clair where the removal of vegetation
between the ordinary high-water mark and the water's edge shall be
allowed without a permit under this part or part 303. The
designation shall be made in writing, is final, and is not subject
to appeal. Within 1 year after this designation is made, the
director may designate additional areas unless he or she determines
that making additional designations would result in pollution,
impairment, or destruction to the natural resources of the state.
Within areas designated by the director under this subsection, the
removal of vegetation is allowed if all of the following conditions
are met:
(a) The landowner has received a letter of approval from the
department under subsection (2) confirming at least 3 of the
following:
(i) The area is unconsolidated material predominantly composed
of sand, rock, or pebbles, or is predominantly vegetated by non-
native or invasive species.
(ii) The area met the requirement of subparagraph (i) as of
January 1, 1997.
(iii) The removal of vegetation does not violate part 365 or
rules
promulgated under that part, or the endangered species act,
of
1973, Public Law 93-205, 87 Stat. 884 16 USC 1531 to 1544, or
rules promulgated under that act.
(iv) The area in which removal of vegetation may occur is not
an environmental area.
(b) The area in which removal of vegetation may occur does not
exceed 50% of the width of the upland riparian property or 100
feet, whichever is greater, or a wider area if approved by the
director. However, for property classified as commercial property
under section 34c of the general property tax act, 1893 PA 206, MCL
211.34c, the area in which removal of vegetation may occur includes
the entire width of the upland riparian property.
(c) All collected vegetation shall be disposed of properly
outside of any wetland.
(2) A person who owns riparian property on the shoreline of
the Great Lakes or Lake St. Clair within an area designated under
subsection (1) may submit to the director a request to conduct
removal of vegetation. The request shall be submitted by certified
mail or facsimile and shall include the address of the property, a
parcel description by section, township, and range, 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 conduct an on-site inspection, if needed. Within 10
working days after receipt of a request under this subsection, the
director shall notify the riparian property owner, in writing,
whether the conditions in subsection (1)(a) are met.
(3) Upon receipt of a letter of approval under subsection (2),
the riparian property owner may conduct the removal of vegetation
as provided in subsection (1).
(4) By January 1, 2006, the director shall prepare and submit
to the senate majority leader, the speaker of the house of
representatives, the standing committees of the legislature with
jurisdiction primarily related to natural resources and the
environment, and the governor a report that evaluates the
activities allowed under subsection (1), describes the impacts to
the affected areas, and recommends statutory changes based upon the
evaluation, if appropriate.