SB-1052, As Passed House, June 14, 2012

SUBSTITUTE FOR

SENATE BILL NO. 1052

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 1301, 30301, 30305, 30306, 30312, 32501,

32503, 32512, 32512a, and 32513 (MCL 324.1301, 324.30301,

324.30305, 324.30306, 324.30312, 324.32501, 324.32503, 324.32512,

324.32512a, and 324.32513), section 1301 as amended by 2011 PA 218,

sections 30301, 30306, 30312, and 32512a as amended by 2009 PA 120,

sections 30305, 32501, and 32512 as amended by 2003 PA 14, section

32503 as amended by 2004 PA 325, and section 32513 as amended by

2011 PA 90, and by adding section 41412; and to repeal acts and

parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1301. As used in this part:

     (a) "Application period" means the period beginning when an

application for a permit is received by the state and ending when

the application is considered to be administratively complete under

section 1305 and any applicable fee has been paid.

     (b) "Department" means the department, agency, or officer

authorized by this act to approve or deny an application for a

particular permit.

     (c) "Director" means the director of the state department

authorized under this act to approve or deny an application for a

particular permit or the director's designee.

     (d) "Permit" means a permit or operating license required by

any of the following sections or by rules promulgated thereunder,

or, in the case of section 9112, by an ordinance adopted

thereunder:

     (i) Section 3104, floodplain alteration permit.

     (ii) Section 3503, permit for use of water in mining iron ore.

     (iii) Section 4105, sewerage system construction permit.

     (iv) Section 6516, vehicle testing license.

     (v) Section 6521, motor vehicle fleet testing permit.

     (vi) Section 8310, restricted use pesticide dealer license.

     (vii) Section 8310a, agricultural pesticide dealer license.

     (viii) Section 8504, license to manufacture or distribute

fertilizer.

     (ix) Section 9112, local soil erosion and sedimentation control

permit.

     (x) Section 11509, solid waste disposal area construction

permit.

     (xi) Section 11512, solid waste disposal area operating

license.

     (xii) Section 11542, municipal solid waste incinerator ash

landfill operating license amendment.

     (xiii) Section 11702, septage waste servicing license or septage

waste vehicle license.

     (xiv) Section 11709, septage waste site permit.

     (xv) Section 30104, inland lakes and streams project permit.

     (xvi) Section 30304, state permit for dredging, filling, or

other activity in wetland. Permit includes an authorization for a

specific project to proceed under a general permit issued under

section 30312.

     (xvii) Section 31509, dam construction, repair, or removal

permit.

     (xviii) Section 32312, flood risk, high risk, or environmental

area permit.

     (xix) Section 32503, 32512, permit for dredging and filling

bottomland.

     (xx) Section 32603, permit for submerged log removal from Great

Lakes bottomlands.

     (xxi) Section 35304, department permit for critical dune area

use.

     (xxii) Section 36505, endangered species permit.

     (xxiii) Section 41702, game bird hunting preserve license.

     (xxiv) Section 42101, dog training area permit.

     (xxv) Section 42501, fur dealer's license.

     (xxvi) Section 42702, game dealer's license.

     (xxvii) Section 44513, charter boat operating permit under

reciprocal agreement.

     (xxviii) Section 44517, boat livery operating permit.

     (xxix) Section 45503, permit to take frogs for scientific use.

     (xxx) Section 45902, game fish propagation license.

     (xxxi) Section 45906, game fish import license.

     (xxxii) Section 61525, oil or gas well drilling permit.

     (xxxiii) Section 62509, brine, storage, or waste disposal well

drilling or conversion permit or test well drilling permit.

     (xxxiv) Section 63103a, ferrous mineral mining permit.

     (xxxv) Section 63514 or 63525, surface coal mining and

reclamation permit or revision of the permit, respectively.

     (xxxvi) Section 63704, sand dune mining permit.

     (xxxvii) Section 72108, use permits for Michigan trailway.

     (xxxviii) Section 76109, sunken aircraft or watercraft abandoned

property recovery permit.

     (xxxix) Section 76504, Mackinac Island motor vehicle and land

use permits.

     (xxxx) Section 80159, buoy or beacon permit.

     (e) "Processing deadline" means the last day of the processing

period.

     (f) "Processing period" means the following time period after

the close of the application period, for the following permit, as

applicable:

     (i) Twenty days for a permit under section 61525 or 62509.

     (ii) Thirty days for a permit under section 9112.

     (iii) Thirty days after the department consults with the

underwater salvage and preserve committee created under section

76103, for a permit under section 76109.

     (iv) Sixty days, for a permit under section 30104 for a minor

project as established by rule under section 30105(7) or for a

permit under section 32312.

     (v) Sixty days or, if a hearing is held, 90 days for a permit

under section 35304.

     (vi) Sixty days or, if a hearing is held, 120 days for a permit

under section 30104, other than a permit for a minor project as

established by rule under section 30105(7), or for a permit under

section 31509.

     (vii) Ninety days for a permit under section 11512, a revision

of a surface coal mining and reclamation permit under section

63525, or a permit under section 72108.

     (viii) Ninety days or, if a hearing is held, 150 days for a

permit under section 3104, 30304, or 32503 or an authorization for

a specific project to proceed under a general permit issued under

section 30312.

     (ix) Ninety days after the close of the review or comment

period under section 32604, or if a public hearing is held, 90 days

after the date of the public hearing for a permit under section

32603.

     (x) One hundred twenty days for a permit under section 11509,

11542, 63103a, 63514, or 63704.

     (xi) One hundred fifty days for a permit under section 36505.

However, if a site inspection or federal approval is required, the

150-day period is tolled pending completion of the inspection or

receipt of the federal approval.

     (xii) For any other permit, 150 days or, if a hearing is held,

90 days after the hearing, whichever is later.

     Sec. 30301. (1) 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.

     (b) "Beach maintenance activities" means any of the following

in the area of Great Lakes bottomlands lying below the ordinary

high-water mark and above the water's edge:

     (i) Manual or mechanized leveling of sand.

     (ii) Mowing of vegetation.

     (iii) Manual de minimis removal of vegetation.

     (iv) Grooming of soil.

     (v) Construction and maintenance of a path.

     (c) "Council" means the wetland advisory council created in

section 30329.

     (d) "Debris" means animal or fish carcasses, zebra mussel

shells, dead vegetation, trash, and discarded materials of human-

made origin.

(a) (e) "Department" means the department of environmental

quality.

(b) (f) "Director" means the director of the department.

     (g) "Environmental area" means an environmental area as

defined in section 32301.

(c) (h) "Exceptional wetland" means wetland that provides

physical or biological functions essential to the natural resources

of the state and that may be lost or degraded if not preserved

through an approved site protection and management plan for the

purposes of providing compensatory wetland mitigation.

(d) (i) "Fill material" means soil, rocks, sand, waste of any

kind, or any other material that displaces soil or water or reduces

water retention potential.

     (j) "Grooming of soil" means raking or dragging, pushing, or

pulling metal teeth through the top 4 inches of soil without

disturbance of or destruction to plant roots, for the purpose of

removing debris.

(e) (k) "Landscape level wetland assessment" means the use of

aerial photographs, maps, and other remotely sensed information to

predict and evaluate wetland characteristics and functions in the

context of all of the following:

     (i) The wetland's landscape position and hydrologic

characteristics.

     (ii) The surrounding landscape.

     (iii) The historic extent and condition of the wetland.

     (l) "Leveling of sand" means the relocation of sand within

areas being leveled that are predominantly free of vegetation,

including the redistribution, grading, and spreading of sand that

has been deposited through wind or wave action onto upland riparian

property.

(f) (m) "Minor drainage" includes ditching and tiling for the

removal of excess soil moisture incidental to the planting,

cultivating, protecting, or harvesting of crops or improving the

productivity of land in established use for agriculture,

horticulture, silviculture, or lumbering.

     (n) "Mowing of vegetation" means the cutting of vegetation to

a height of not less than 2 inches, without disturbance of soil or

plant roots.

(g) (o) "Nationwide permit" means a nationwide permit issued

by the United States army corps of engineers under 72 FR 11091 to

11198 (March 12, 2007), including all general conditions, regional

conditions, and conditions imposed by this state pursuant to a

water quality certification under section 401 of title IV of the

federal water pollution control act, 33 USC 1341, or a coastal zone

management consistency determination under section 307 of the

coastal zone management act of 1972, 16 USC 1456.

(h) (p) "Ordinary high-water mark" means the ordinary high-

water mark as specified in section 32502.

     (q) "Path" means a temporary access walkway from upland

riparian property directly to the shoreline across swales with

standing water, not exceeding 6 feet in bottom width and consisting

of sand and pebbles obtained from exposed, nonvegetated bottomlands

or from the upland riparian property.

(i) (r) "Person" means an individual, sole proprietorship,

partnership, corporation, association, municipality, this state, an

instrumentality or agency of this state, the federal government, an

instrumentality or agency of the federal government, or other legal

entity.

(j) (s) "Rapid wetland assessment" means a method for

generally assessing the functions, values, and condition of

individual wetlands based on existing data and field indicators.

(k) (t) "Rare and imperiled wetland" means any of the

following:

     (i) Great Lakes marsh.

     (ii) Southern wet meadow.

     (iii) Inland salt marsh.

     (iv) Intermittent wetland or boggy seepage wetland.

     (v) Coastal plain marsh.

     (vi) Interdunal wetland.

     (vii) Lakeplain wet prairie.

     (viii) Lakeplain wet-mesic prairie.

     (ix) Northern wet-mesic prairie.

     (x) Wet-mesic prairie.

     (xi) Wet prairie.

     (xii) Prairie fen.

     (xiii) Northern fen.

     (xiv) Patterned fen.

     (xv) Poor fen.

     (xvi) Muskeg.

     (xvii) Rich conifer swamp.

     (xviii) Relict conifer swamp.

     (xix) Hardwood-conifer swamp.

     (xx) Northern swamp.

     (xxi) Southern swamp.

     (xxii) Southern floodplain forest.

     (xxiii) Inundated shrub swamp.

     (u) "Removal of vegetation" means the manual or mechanized

removal of vegetation, other than the manual de minimis removal of

vegetation.

(l) (v) "Water dependent" means requiring access or proximity

to or siting within an aquatic site to fulfill its basic purpose.

(m) (w) "Wetland" means land characterized by the presence of

water at a frequency and duration sufficient to support, and that

under normal circumstances does support, wetland vegetation or

aquatic life, and is commonly referred to as a bog, swamp, or

marsh, and which is any of the following:

     (i) Contiguous to the Great Lakes or Lake St. Clair, an inland

lake or pond, or a river or stream.

     (ii) Not contiguous to the Great Lakes, an inland lake or pond,

or a river or stream; and more than 5 acres in size.

     (iii) Not contiguous to the Great Lakes, an inland lake or pond,

or a river or stream; and 5 acres or less in size if the department

determines that protection of the area is essential to the

preservation of the natural resources of the state from pollution,

impairment, or destruction and the department has so notified the

owner.

     (2) The department and local units of government shall apply

the technical wetland delineation standards set forth in the United

States army corps of engineers January 1987 wetland delineation

manual, technical report Y-87-1, and appropriate regional United

States army corps of engineers supplements, in identifying wetland

boundaries under this part, including, but not limited to, section

30307.

     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 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

straightening, widening, or deepening of the following which 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 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, 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, removal of vegetation as

authorized under section 32516.

     (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.

     (5) Except as provided in subsection (6), the following

activities are not subject to regulation under this part by the

state:

     (a) Leveling of sand, removal of vegetation, grooming of soil,

or removal of debris, in an area of unconsolidated material

predominantly composed of sand, rock, or pebbles, located between

the ordinary high-water mark and the water's edge.

     (b) Mowing of vegetation between the ordinary high-water mark

and the water's edge.

     (6) Subsection (5) does not apply to lands included in the

survey of the delta of the St. Clair River, otherwise referred to

as the St. Clair flats, located within Clay township, St. Clair

county, as provided for in 1899 PA 175.

     Sec. 30306. (1) Except as provided in section 30307(6), to

obtain a permit for a use or development listed in section 30304, a

person shall file an application with the department on a form

provided by the department. The application shall include all of

the following:

     (a) The person's name and address.

     (b) The location of the wetland.

     (c) A description of the wetland on which the use or

development is to be made.

     (d) A statement and appropriate drawings describing the

proposed use or development.

     (e) The wetland owner's name and address.

     (f) An environmental assessment of the proposed use or

development if requested by the department. The assessment shall

include the effects upon wetland benefits and the effects upon the

water quality, flow, and levels, and the wildlife, fish, and

vegetation within a contiguous lake, river, or stream.

     (2) For the purposes of subsection (1), a proposed use or

development of a wetland shall be considered as covered by a single

permit application under this part if the scope, extent, and

purpose of a use or development are made known at the time of the

application for the permit.

     (3) Except as provided in subsections (4) and (5), an

application for a permit submitted under subsection (1) shall be

accompanied by the following fee, as applicable:

     (a) For a project in a category of activities for which a

general permit is issued under section 30312, a fee of $100.00.

     (b) For a permit for the removal of vegetation in an area that

is not more than 100 feet wide or the width of the property,

whichever is less, or the mowing of vegetation under a general

permit, in the area between the ordinary high-water mark and the

water's edge, a fee of $50.00.

(b) (c) For a major project, including any of the following, a

fee of $2,000.00:

     (i) Filling or draining of 1 acre or more of coastal or inland

wetland.

     (ii) 10,000 cubic yards or more of wetland fill.

     (iii) A new golf course affecting wetland.

     (iv) A subdivision affecting wetland.

     (v) A condominium affecting wetland.

(c) (d) For all other projects, a fee of $500.00.

     (4) A project that requires review and approval under this

part and 1 or more of the following is subject to only the single

highest permit fee required under this part or the following:

     (a) Section 3104.

     (b) Part 301.

     (c) Part 323.

     (d) Part 325.

     (e) Section 117 of the land division act, 1967 PA 288, MCL

560.117.

     (5) If work has been done in violation of a permit requirement

under this part and restoration is not ordered by the department,

the department may accept an application for a permit if the

application is accompanied by a fee equal to twice the permit fee

otherwise required under this section.

     (6) If the department determines that a permit is not required

under this part, the department shall promptly refund the fee paid

under this section.

     Sec. 30312. (1) After providing notice and an opportunity for

a public hearing, the department shall establish minor project

categories of activities that are similar in nature, have minimal

adverse environmental effects when performed separately, and will

have only minimal cumulative adverse effects on the environment.

The department may act upon an application received pursuant to

section 30306 for an activity within a minor project category

without holding a public hearing or providing notice pursuant to

section 30307(1) or (3). A minor project category shall not be

valid for more than 5 years, but may be reestablished. All other

provisions of this part, except provisions applicable only to

general permits, are applicable to a minor project.

     (2) The department, after notice and opportunity for a public

hearing, shall 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

effects on the environment. A general permit 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. A general

permit shall not be valid for more than 5 years, but may be

reissued.

     (3) 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

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.

(3) (4) Before authorizing a specific project to proceed under

a general permit, the department may provide notice pursuant to

section 30307(3) but shall not hold a public hearing and shall not

typically require a site inspection. The department shall issue an

authorization under a general permit if the conditions of the

general permit and the requirements of section 30311 are met.

However, in determining whether to issue an authorization under a

general permit, the department shall not consider off-site

alternatives to be feasible and prudent alternatives.

(4) (5) If the department determines that activity in a

proposed project, although within a minor project category or a

general permit, is likely to cause more than minimal adverse

effects on aquatic resources, including high-value aquatic

habitats, the department may require that the application be

processed under section 30307.

(5) (6) The department shall coordinate general permit and

minor project categories under this part and parts 301 and 325

consistent with nationwide permits, as appropriate.

     Sec. 32501. 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.

     (b) "Beach maintenance activities" means any of the following

in the area of Great Lakes bottomlands lying below the ordinary

high-water mark and above the water's edge:

     (i) Manual or mechanized leveling of sand.

     (ii) Mowing of vegetation.

     (iii) Manual de minimis removal of vegetation.

     (iv) Grooming of soil.

     (v) Construction and maintenance of a path.

     (c) "Debris" means animal or fish carcasses, zebra mussel

shells, dead vegetation, trash, and discarded materials of human-

made origin.

(a) (d) "Department" means the department of environmental

quality.

(b) (e) "Director" means the director of the department.

     (f) "Environmental area" means an environmental area as

defined in section 32301.

     (g) "Grooming of soil" means raking or dragging, pushing, or

pulling metal teeth through the top 4 inches of soil without

disturbance of or destruction to plant roots, for the purpose of

removing debris.

     (h) "Leveling of sand" means the relocation of sand within

areas being leveled that are predominantly free of vegetation,

including the redistribution, grading, and spreading of sand that

has been deposited through wind or wave action onto upland riparian

property.

(c) (i) "Marina purposes" means an operation making use of

submerged bottomlands or filled-in bottomlands of the Great Lakes

for the purpose of service to boat owners or operators, which

operation may restrict or prevent the free public use of the

affected bottomlands or filled-in lands.

     (j) "Mowing of vegetation" means the cutting of vegetation to

a height of not less than 2 inches, without disturbance of soil or

plant roots.

     (k) "Path" means a temporary access walkway from the upland

riparian property directly to the shoreline across swales with

standing water, not exceeding 6 feet in bottom width and consisting

of sand and pebbles obtained from the exposed, nonvegetated

bottomlands or from the upland riparian property.

     (l) "Removal of vegetation" means the manual or mechanized

removal of vegetation other than the de minimis removal of

vegetation.

     (m) "Wetland" means that term as it is defined in section

30301.

     Sec. 32503. (1) Except as otherwise provided in this section,

the department, after finding that the public trust in the waters

will not be impaired or substantially affected, may enter into

agreements pertaining to waters over and the filling in of

submerged patented lands, or to lease or deed unpatented lands,

after approval of the state administrative board. Quitclaim deeds,

leases, or agreements covering unpatented lands may be issued or

entered into by the department with any person, and shall contain

such terms, conditions, and requirements as the department

determines to be just and equitable and in conformance with the

public trust. The department shall reserve to the state all mineral

rights, including, but not limited to, coal, oil, gas, sand,

gravel, stone, and other materials or products located or found in

those lands, except where lands are occupied or to be occupied for

residential purposes at the time of conveyance.

     (2) A riparian owner shall not dredge or place spoil or other

materials on bottomland except as authorized by a permit issued by

the department pursuant to part 13.

(2) (3) The department shall not enter into a lease or deed

that allows drilling operations beneath unpatented lands for the

exploration or production of oil or gas.

(3) (4) An agreement, lease, or deed entered into under this

part by the department with the United States shall be entered into

and executed pursuant to the property rights acquisition act, 1986

PA 201, MCL 3.251 to 3.262.

     Sec. 32512. (1) Unless Except as provided in subsection (2),

unless a permit has been granted by the department pursuant to part

13 or authorization has been granted by the legislature, or except

as to boat wells and slips facilitating private, noncommercial,

recreational boat use, not exceeding 50 feet in length where the

spoil is not disposed of below the ordinary high-water mark of the

body of water to which it is connected, a person shall not do any

of the following:

     (a) Construct, dredge, commence, or do any work with respect

to an artificial canal, channel, ditch, lagoon, pond, lake, or

similar waterway where the purpose is ultimate connection of the

waterway with any of the Great Lakes, including Lake St. Clair.

     (b) Connect any natural or artificially constructed waterway,

canal, channel, ditch, lagoon, pond, lake, or similar waterway with

any of the Great Lakes, including Lake St. Clair, for navigation or

any other purpose.

     (c) Dredge or place spoil or other material on bottomland.

     (d) Construct a marina.

     (2) Notwithstanding subsection (1), and with respect to lands

covered and affected by this part, a permit or other approval is

not required under this part for either of the following:

     (a) 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, 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.

     (b) Until 3 years after the effective date of the amendatory

act that added this subdivision, removal of vegetation as

authorized in section 32516.

     (2) Except as provided in subsection (3), the following

activities are not subject to regulation under this part:

     (a) Leveling of sand, removal of vegetation, grooming of soil,

or removal of debris, in an area of unconsolidated material

predominantly composed of sand, rock, or pebbles, located between

the ordinary high-water mark and the water's edge.

     (b) Mowing of vegetation between the ordinary high-water mark

and the water's edge.

     (3) Subsection (2) does not apply to lands included in the

survey of the delta of the St. Clair River, otherwise referred to

as the St. Clair flats, located within Clay township, St. Clair

county, as provided for in 1899 PA 175.

     Sec. 32512a. (1) After providing notice and an opportunity for

a public hearing, the department shall establish minor project

categories of activities that are similar in nature, have minimal

adverse environmental effects when performed separately, and will

have only minimal cumulative adverse effects on the environment.

The department may act upon an application received pursuant to

section 32513 for an activity within a minor project category

without providing notice pursuant to section 32514. A minor project

category shall not be valid for more than 5 years, but may be

reestablished. All other provisions of this part, except provisions

applicable only to general permits, are applicable to a minor

project.

     (2) The department, after notice and opportunity for a public

hearing, shall 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

effects on the environment. A general permit 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. Before

authorizing a specific project to proceed under a general permit,

the department may provide notice pursuant to section 32514 but

shall not hold a public hearing and shall not typically require a

site inspection. A general permit shall not be valid for more than

5 years, but may be reissued.

     (3) 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

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.

     Sec. 32513. (1) To obtain a permit for any work or connection

specified in section 32512, a person shall file an application with

the department on a form provided by the department. The

application shall include all of the following:

     (a) The name and address of the applicant.

     (b) The legal description of the lands included in the

project.

     (c) A summary statement of the purpose of the project.

     (d) A map or diagram showing the proposal on an adequate scale

with contours and cross-section profiles of any waterway to be

constructed.

     (e) Other information required by the department.

     (2) Except as provided in subsections (3) and (4), until

October 1, 2015, an application for a permit under this section

shall be accompanied by the following fee, as applicable:

     (a) For a project in a category of activities for which a

general permit is issued under section 32512a, a fee of $100.00.

     (b) For activities included in a minor project category, and

for a permit for the removal of vegetation in an area that is not

more than 100 feet wide or the width of the property, whichever is

less, or the mowing of vegetation under a general permit, in the

area between the ordinary high-water mark and the water's edge, a

fee of $50.00.

     (c) For construction or expansion of a marina, a fee of:

     (i) $50.00 for an expansion of 1-10 slips to an existing

permitted marina.

     (ii) $100.00 for a new marina with 1-10 proposed marina slips.

     (iii) $250.00 for an expansion of 11-50 slips to an existing

permitted marina, plus $10.00 for each slip over 50.

     (iv) $500.00 for a new marina with 11-50 proposed marina slips,

plus $10.00 for each slip over 50.

     (v) $1,500.00 if an existing permitted marina proposes

maintenance dredging of 10,000 cubic yards or more or the addition

of seawalls, bulkheads, or revetments of 500 feet or more.

     (d) For major projects other than a project described in

subdivision (c)(v), involving any of the following, a fee of

$2,000.00:

     (i) Dredging of 10,000 cubic yards or more.

     (ii) Filling of 10,000 cubic yards or more.

     (iii) Seawalls, bulkheads, or revetment of 500 feet or more.

     (iv) Filling or draining of 1 acre or more of coastal wetland.

     (v) New dredging or upland boat basin excavation in areas of

suspected contamination.

     (vi) New breakwater or channel jetty.

     (vii) Shore protection, such as groins and underwater

stabilizers, that extend 150 feet or more on Great Lakes

bottomlands.

     (viii) New commercial dock or wharf of 300 feet or more in

length.

     (e) For all other projects not listed in subdivisions (a) to

(d), $500.00.

     (3) A project that requires review and approval under this

part and 1 or more of the following is subject to only the single

highest permit fee required under this part or the following:

     (a) Part 301.

     (b) Part 303.

     (c) Part 323.

     (d) Section 3104.

     (e) Section 117 of the land division act, 1967 PA 288, MCL

560.117.

     (4) If work has been done in violation of a permit requirement

under this part and restoration is not ordered by the department,

the department may accept an application for a permit if the

application is accompanied by a fee equal to 2 times the permit fee

otherwise required under this section.

     (5) The department shall forward all fees collected under this

section to the state treasurer for deposit into the land and water

management permit fee fund created in section 30113.

     Sec. 41412. The council shall review and provide

recommendations on Phragmites australis control measures to the

department and to the standing committees of the senate and house

of representatives with primary jurisdiction relating to natural

resources and the environment.

     Enacting section 1. Section 32516 of the natural resources and

environmental protection act, 1994 PA 451, MCL 324.32516, is

repealed.