April 19, 2007, Introduced by Reps. Amos, Booher, Meekhof, Robertson, Agema, Hansen, Stahl, Ward, LaJoy, Pearce, Sheltrown, Gaffney, Casperson, Steil, Wenke, Pastor, Horn, Opsommer, Brandenburg, Rick Jones, Hune, Nofs, Stakoe, Caul, Acciavatti, Palmer, Nitz and Emmons and referred to the Committee on Great Lakes and Environment.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 30305 (MCL 324.30305), as amended by 2003 PA
14.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 30305. (1) Activities that require a permit under part
325 or part 301 or a discharge that is authorized by a discharge
permit
under section 3112 or 3113 do does
not require a permit
under this part.
(2) The following uses are allowed in a wetland without a
permit, subject to other laws of this state and the owner's
regulation:
(a) Fishing, trapping, or hunting.
(b) Swimming or boating.
(c) Hiking.
(d) Grazing of animals.
(e) Farming, horticulture, silviculture, lumbering, and
ranching activities, including plowing, irrigation, irrigation
ditching, seeding, cultivating, minor drainage, harvesting for the
production of food, fiber, and forest products, or upland soil and
water conservation practices. Wetland altered under this
subdivision shall not be used for a purpose other than a purpose
described in this subsection without a permit from the department.
(f) Maintenance or operation of serviceable structures in
existence on October 1, 1980 or constructed pursuant to this part
or former 1979 PA 203.
(g) Construction or maintenance of farm or stock ponds.
(h)
Maintenance, operation, or improvement, which includes
including straightening, widening, or deepening, of the following
which
that is necessary for the production or harvesting of
agricultural products:
(i) An existing private agricultural drain.
(ii) That portion of a drain legally established pursuant to
the
drain code of 1956, 1956 PA 40, MCL 280.1 to 280.630, which
that has been constructed or improved for drainage purposes.
(iii) A drain constructed pursuant to other provisions of this
part or former 1979 PA 203.
(i) Construction or maintenance of farm roads, forest roads,
or temporary roads for moving mining or forestry equipment, if the
roads are constructed and maintained in a manner to assure that any
adverse effect on the wetland will be otherwise minimized.
(j) Drainage necessary for the production and harvesting of
agricultural products if the wetland is owned by a person who is
engaged in commercial farming and the land is to be used for the
production and harvesting of agricultural products. Except as
otherwise provided in this part, wetland improved under this
subdivision after October 1, 1980 shall not be used for nonfarming
purposes without a permit from the department. This subdivision
does not apply to a wetland that is contiguous to a lake or stream,
or to a tributary of a lake or stream, or to a wetland that the
department has determined by clear and convincing evidence to be a
wetland that is necessary to be preserved for the public interest,
in which case a permit is required.
(k) Maintenance or improvement of public streets, highways, or
roads, within the right-of-way and in such a manner as to assure
that any adverse effect on the wetland will be otherwise minimized.
Maintenance or improvement does not include adding extra lanes,
increasing the right-of-way, or deviating from the existing
location of the street, highway, or road.
(l) Maintenance, repair, or operation of gas or oil pipelines
and construction of gas or oil pipelines having a diameter of 6
inches or less, if the pipelines are constructed, maintained, or
repaired in a manner to assure that any adverse effect on the
wetland will be otherwise minimized.
(m) Maintenance, repair, or operation of electric transmission
and distribution power lines and construction of distribution power
lines, if the distribution power lines are constructed, maintained,
or repaired in a manner to assure that any adverse effect on the
wetland will be otherwise minimized.
(n) Operation or maintenance, including reconstruction of
recently damaged parts, of serviceable dikes and levees in
existence on October 1, 1980 or constructed pursuant to this part
or former 1979 PA 203.
(o) Construction of iron and copper mining tailings basins and
water storage areas.
(p) Until November 1, 2007, beach maintenance activities that
meet all of the following conditions:
(i) The activities shall not occur in environmental areas and
shall 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.
(ii) The width of any mowing of vegetation shall not exceed the
width of the riparian property or 100 feet, whichever is less.
(iii) All collected debris shall be disposed of properly outside
of any wetland.
(q)
Until 3 years after the effective date of the amendatory
act
that added this subdivision June
5, 2006, removal of vegetation
as authorized under section 32516.
(r) Construction of a driveway that will meet all of the
following requirements or maintenance or widening of a driveway
that meets, and upon completion of the project will continue to
meet, all of the following requirements:
(i) Alternatives to using wetland, such as using upland
property or obtaining an easement for access from adjacent land or
a shared driveway, are utilized to the greatest degree possible.
(ii) The portion or portions of the driveway that cross wetland
are as short as possible or are located in the area of least impact
to the wetland.
(iii) The portion or portions of the driveway that cross wetland
are not longer than a total of 200 linear feet.
(iv) The portion or portions of the driveway that cross wetland
are not more than 16 feet wide at the base, including associated
fill. However, the driveway may be wider than 16 feet at the
intersection with a public road if the additional width is required
by the agency with jurisdiction over the road.
(v) There are no ditches associated with the portion or
portions of the driveway that cross wetland.
(vi) The driveway terminates at a buildable upland site.
(vii) Culverts are placed as necessary to provide for the free
flow of surface water and the movement of organisms.
(viii) Fill material is placed on filter fabric, or equivalent
material if warranted by soil conditions.
(ix) In a floodplain, the grade elevation change is not more
than 6 inches.
(3) An activity in a wetland that was effectively drained for
farming before October 1, 1980 and that on and after October 1,
1980 has continued to be effectively drained as part of an ongoing
farming operation is not subject to regulation under this part.
(4) A wetland that is incidentally created as a result of 1 or
more of the following activities is not subject to regulation under
this part:
(a) Excavation for mineral or sand mining, if the area was not
a wetland before excavation. This exemption does not include a
wetland on or adjacent to a water body of 1 acre or more in size.
(b) Construction and operation of a water treatment pond or
lagoon in compliance with the requirements of state or federal
water pollution control regulations.
(c) A diked area associated with a landfill if the landfill
complies with the terms of the landfill construction permit and if
the diked area was not a wetland before diking.