March 28, 2012, Introduced by Senators CASPERSON, BRANDENBURG, PAVLOV, KOWALL, NOFS, EMMONS, KAHN, MEEKHOF, JANSEN, MARLEAU, GREEN and BOOHER and referred to the Committee on Natural Resources, Environment and Great Lakes.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 30301, 30305, 30306, 30312, 32501, 32502,
32503, 32505, 32510, 32512, 32512a, and 32513 (MCL 324.30301,
324.30305, 324.30306, 324.30312, 324.32501, 324.32502, 324.32503,
324.32505, 324.32510, 324.32512, 324.32512a, and 324.32513),
sections 30301, 30306, 30312, and 32512a as amended by 2009 PA 120,
sections 30305, 32501, and 32512 as amended by 2003 PA 14, sections
32502, 32505, and 32510 as added by 1995 PA 59, section 32503 as
amended by 2004 PA 325, and section 32513 as amended by 2011 PA 90;
and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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.
(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.
(h) (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.
(i) (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.
(j) (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.
(k) (v)
"Water dependent" means
requiring access or proximity
to or siting within an aquatic site to fulfill its basic purpose.
(l) (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.
(3) The department and local units of government shall not
regulate under this part an area commonly referred to as a beach.
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.
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 may be 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 lands or filled-in bottomlands lands 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 submerged
lands 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.
(d) "Regulatory water mark" means the following elevations
above sea level, international Great Lakes datum of 1955: Lake
Superior, 601.5 feet; Lakes Michigan and Huron, 579.8 feet; Lake
St. Clair, 574.7 feet; and Lake Erie, 571.6 feet.
Sec.
32502. The Except as
provided in section 32512, the lands
covered
and affected by this part are all of the unpatented lake
bottomlands
submerged lands and unpatented made lands in the Great
Lakes, including the bays and harbors of the Great Lakes, belonging
to the state or held in trust by it, including those lands that
have been artificially filled in. The waters covered and affected
by this part are all of the waters of the Great Lakes within the
boundaries of the state. This part shall be construed so as to
preserve and protect the interests of the general public in the
lands and waters described in this section, to provide for the
sale, lease, exchange, or other disposition of unpatented submerged
lands and the private or public use of waters over patented and
unpatented submerged lands, and to permit the filling in of
patented submerged lands whenever it is determined by the
department that the private or public use of those lands and waters
will not substantially affect the public use of those lands and
waters for hunting, fishing, swimming, pleasure boating, or
navigation or that the public trust in the state will not be
impaired by those agreements for use, sales, lease, or other
disposition. The word "land" or "lands" as used in this part refers
to
the aforesaid described unpatented lake bottomlands submerged
lands and unpatented made lands and patented lands in the Great
Lakes and the bays and harbors of the Great Lakes lying below and
lakeward
of the natural ordinary high-water mark water's edge, but
this part does not affect property rights secured by virtue of a
swamp land grant or rights acquired by accretions occurring through
natural
means or reliction. For purposes of this part, the ordinary
high-water
mark shall be at the following elevations above sea
level,
international Great Lakes datum of 1955: Lake Superior,
601.5
feet; Lakes Michigan and Huron, 579.8 feet; Lake St. Clair,
574.7
feet; and Lake Erie, 571.6 feet.
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 submerged
lands, after approval of the state administrative board. Quitclaim
deeds, leases, or agreements covering unpatented submerged 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 submerged 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. 32505. (1) If the department determines that it is in the
public interest to grant an applicant a deed or lease to such
submerged lands or enter into an agreement to permit use and
improvements in the waters or to enter into any other agreement in
regard thereto, the department shall determine the amount of
consideration to be paid to the state by the applicant for the
conveyance or lease of unpatented submerged lands.
(2) The department may permit, by lease or agreement, the
filling in of patented and unpatented submerged lands and permit
permanent improvements and structures after finding that the public
trust will not be impaired or substantially injured.
(3) The department may issue deeds or may enter into leases if
the unpatented submerged lands applied for have been artificially
filled in or are proposed to be changed from the condition that
exists on October 14, 1955 by filling, sheet piling, shoring, or by
any other means, and such lands are used or to be used or occupied
in whole or in part for uses other than existing, lawful riparian
or littoral purposes. The consideration to be paid to the state for
the conveyance or lease of unpatented submerged lands by the
applicant shall be not less than the fair, cash market value of the
lands determined as of the date of the filing of the application,
minus any improvements placed on the lands, but the sale price
shall not be less than 30% of the value of the land. In determining
the fair, cash market value of the lands applied for, the
department may give due consideration to the fact that the lands
are connected with the riparian or littoral property belonging to
the applicant, and to the uses, including residential and
commercial, being made or which can be made of the lands.
(4) Agreements for the submerged lands or water area described
in section 32502 may be granted to or entered into with local units
of government for public purposes and containing those terms and
conditions that may be considered just and equitable in view of the
public trust involved and may include the granting of permission to
make such fills as may be necessary.
(5) If the unpatented submerged lands applied for have not
been filled in or in any way substantially changed from their
natural character at the time the application is filed with the
department, and the application is filed for the purpose of flood
control, shore erosion control, drainage and sanitation control, or
to straighten irregular shore lines, then the consideration to be
paid to the state by the applicant shall be the fair, cash value of
such land, giving due consideration to its being adjacent to and
connected with the riparian or littoral property owned by the
applicant.
(6) Leases or agreements covering unpatented submerged lands
may be granted or entered into with riparian or littoral
proprietors for commercial marina purposes or for marinas operated
by persons for consideration and containing terms and conditions
that are considered by the department to be just and equitable. The
leases
may include either filled or unfilled lake bottomlands,
submerged lands, or both. Rental shall commence as of the date of
use of the unpatented submerged lands for the marina operations.
Dockage and other uses by marinas in waters over patented lands on
October 14, 1955 shall be considered to be lawful riparian use.
(7) If the department after investigation determines that an
applicant has willfully and knowingly filled in or in any way
substantially changed the lands applied for with an intent to
defraud, or if the applicant has acquired such lands with knowledge
of such a fraudulent intent and is not an innocent purchaser, the
sale price shall be the fair, cash market value of the land. An
applicant may request a hearing of a determination made under this
subsection. The department shall grant a hearing if requested.
Sec. 32510. (1) Except as provided in subsection (2), a person
who excavates or fills or in any manner alters or modifies lands
regulated under section 32512 or any of the land or waters subject
to this part without the approval of the department is guilty of a
misdemeanor , punishable by imprisonment for not more than 1 year
or a fine of not more than $1,000.00, or both. Land altered or
modified in violation of this part shall not be sold to any person
convicted under this section at less than fair, cash market value.
(2) A person who commits a minor offense is guilty of a
misdemeanor , punishable by a fine of not more than $500.00 for
each violation. A law enforcement officer may issue and serve an
appearance ticket upon a person for a minor offense pursuant to
sections
9a 9c to 9g of chapter IV of the code of criminal
procedure,
Act No. 175 of the Public Acts of 1927, being sections
764.9a
to 764.9g of the Michigan Compiled Laws.1927 PA 175, MCL
764.9c to 764.9g.
(3) As used in this section, "minor offense" means either of
the following violations of this part if the department determines
that restoration of the affected property is not required:
(a) The failure to obtain a permit under this part.
(b) A violation of a permit issued under this part.
Sec. 32512. (1) Unless a permit has been granted by the
department 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
regulatory water mark of the body of water to which it is
connected, a person shall not do any of the following on submerged
lands or any shorelands adjacent thereto below the regulatory water
mark:
(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) Nothing in this section shall be interpreted to affect the
right of a riparian owner to mow, groom, remove vegetation, or
otherwise maintain land above the water's edge.
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.onto submerged lands.
(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.
Enacting section 1. Section 32516 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.32516, is
repealed.