HOUSE BILL NO. 5309
December 19, 2019, Introduced by Rep. Lilly and
referred to the Committee on Regulatory Reform.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 9112 and 9115a (MCL 324.9112 and 324.9115a), section 9112 as amended by 2004 PA 565 and section 9115a as amended by 2016 PA 2.
the people of the state of michigan enact:
Sec. 9112. (1) A Except as
otherwise provided in this part, a person shall not maintain or
undertake an earth change governed by this part, the rules promulgated under
this part, or an applicable local ordinance, except in accordance with this
part and the rules promulgated under this part or with the applicable local
ordinance, and except as authorized by a permit issued by the appropriate
county enforcing agency or municipal enforcing agency pursuant to part 13.
(2) The owner of property
that is subject to a permit under this part is responsible for compliance with
the terms of the permit that apply to that property.
(3) Except as provided in
subsection (4), if property subject to a permit under this part is transferred,
both of the following are transferred with the property:
(a) The permit, including
the permit obligations and conditions.
(b) Responsibility for
any violations of the permit that exist on the date the property is
transferred.
(4) If property is
subject to a permit under this part and a parcel of the property, but not the
entire property, is transferred, both of the following are transferred with the
parcel:
(a) The permit
obligations and conditions with respect to that parcel, but not the permit
itself.
(b) Responsibility for
any violations of the permit with respect to that parcel that exist on the date
the parcel is transferred.
(5) If property subject
to a permit under this part is proposed to be transferred, the transferor shall
notify the transferee of the permit in writing on a form developed by the department
and provided by the county enforcing agency or municipal enforcing agency. The
notice shall inform the transferee of the requirements of subsection (2) and,
as applicable, subsection (3) or (4). The notice shall include a copy of the
permit. The transferor and transferee shall sign the notice, and the transferor
shall submit the signed notice to the county enforcing agency or municipal
enforcing agency before the property is transferred.
(6) A county enforcing
agency or municipal enforcing agency may charge a fee for the transfer of a
permit under subsection (3) or (4). The fee shall not exceed the administrative
costs of transferring the permit. Fees collected under this subsection shall
only be used for the enforcement and administration of this part by the
enforcing agency.
(7) If in the opinion of
the department a person, including an authorized public agency, violates this
part, the rules promulgated under this part, or an applicable local ordinance,
or a county enforcing agency or municipal enforcing agency fails to enforce
this part, the rules promulgated under this part, or an applicable local
ordinance, the department may notify the alleged offender in writing of its
determination. If the department places a county on probation under section 9105,
a municipality is not approved under section 9106, or a state agency or agency
of a local unit of government is not approved under section 9110, or if the
department determines that a municipal enforcing agency or authorized public
agency is not satisfactorily administering and enforcing this part and rules
promulgated under this part, the department shall notify the county,
municipality, state agency, or agency of a local unit of government in writing
of its determination or action. The notice shall contain, in addition to a
statement of the specific violation or failure that the department believes to
exist, a proposed order, stipulation for agreement, or other action that the
department considers appropriate to assure timely correction of the violation
or failure. The notice shall set a date for a hearing not less than 4 nor more
than 8 weeks from the date of the notice of determination. Extensions of the
date of the hearing may be granted by the department or on request. At the
hearing, any interested party may appear, present witnesses, and submit
evidence. A person who has been served with a notice of determination may file
a written answer to the notice of determination before the date set for hearing
or at the hearing may appear and present oral or written testimony and evidence
on the charges and proposed requirements of the department to assure correction
of the violation or failure. If a person served with the notice of
determination agrees with the proposed requirements of the department and notifies
the department of that agreement before the date set for the hearing,
disposition of the case may be made with the approval of the department by
stipulation or consent agreement without further hearing. The final order of
determination following the hearing, or the stipulation or consent order as
authorized by this section and approved by the department, is conclusive unless
reviewed in accordance with the administrative procedures act of 1969, 1969 PA
306, MCL 24.201 to 24.328, in the circuit court of Ingham county, or of the
county in which the violation occurred, upon petition filed within 15 days
after the service upon the person of the final order of determination.
Sec. 9115a. (1) Notwithstanding any other provision of
this part, a person is not required to obtain a permit from a county or
municipal enforcing agency for earth changes associated with the following
agricultural practices if the earth change activities do not result in or
contribute to soil erosion or sedimentation of the waters of the state or a
discharge of sediment off-site:
(a) The construction,
maintenance, or removal of fences and fence lines.
(b) The removal of tree
or shrub stumps or roots.
(c) The installation of
drainage tile, irrigation, or electrical lines.
(d) The construction or
maintenance of 1 or more ponds that meet all of the following:
(i) The earth change associated with the construction or
maintenance is less than 5 acres.
(ii) The earth change
associated with the construction or maintenance does not result in a discharge
of storm water into the waters of the state.
(iii) The earth change
associated with the construction or maintenance is not part of a larger plan of
development. As used in this subparagraph, "larger plan of
development" means a contiguous area where multiple separate and distinct
construction activities are occurring under a single plan as identified in
documentation or physical demarcation indicating where construction activities
may occur.
(2) Notwithstanding any other provision of this part, a residential
property owner who causes the following activities to be conducted on
individual residential property owned and occupied by him or her is not
required to obtain a permit under this part if the earth change activities do
not result in or contribute to soil erosion or sedimentation of the waters of
the state or a discharge of sediment off-site:
(a) An earth change of a minor nature that is stabilized
within 24 hours of the initial earth disturbance.
(b) Gardening, if the natural elevation of the area is not
raised.
(c) Post holes for fencing, decks, utility posts, mailboxes,
or similar applications, if no additional grading or earth change occurs for
use of the post holes.
(d) Removal of tree stumps, shrub stumps, or roots resulting
in an earth change not to exceed 100 square feet.
(e) All of the following activities, if soil erosion and
sedimentation controls are implemented, the earth change is stabilized within
24 hours of the initial earth disturbance, and soil erosion or sedimentation to
adjacent properties or the waters of the state has not or will not reasonably
occur:
(i) Planting of
trees, shrubs, or other similar plants.
(ii) Seeding or
reseeding of lawns of less than 1 acre if the seeded area is at least 100 feet
from the waters of the state.
(iii) Seeding or
reseeding of lawns closer than 100 feet from the waters of the state if the
area to be seeded or reseeded does not exceed 100 square feet.
(iv) The temporary
stockpiling of soil, sand, or gravel not greater than a total of 10 cubic yards
on the property if the stockpiling occurs at least 100 feet from the waters of
the state.
(v) Seawall
maintenance that does not exceed 100 square feet.
(3) Notwithstanding any other provision of this part, a
person is not required to obtain a permit from a county or municipal enforcing
agency for earth changes if all of the following conditions are met:
(a) The earth change activities are necessary to protect life
or property.
(b) The earth change activities are conducted during a state
of emergency declared by the governor.
(c) The earth change activities are conducted within the
geographic area that is the subject of the state of emergency described in
subdivision (b).
(4) The department may issue a permit to a property owner to
conduct earth change activities during a state of emergency as described in
subsection (3). A property owner shall not conduct such earth change activities
unless the property owner has obtained a permit from the department under this
subsection.
(5) (3) Exemptions provided in this section shall not
be construed as exemptions from enforcement procedures under this part or the
rules promulgated under this part if the exempted activities cause or result in
a violation of this part or the rules promulgated under this part.