HOUSE BILL NO. 5556

February 26, 2020, Introduced by Reps. Slagh, Allor, LaFave, Markkanen, Inman, Paquette, O'Malley, Green, Eisen, Whiteford, Lilly, Griffin, VanWoerkom, Sheppard and Hornberger and referred to the Committee on Natural Resources and Outdoor Recreation.

"Natural resources and environmental protection act,"

by amending section 32512a (MCL 324.32512a), as amended by 2012 PA 247, and by adding section 32512b.

the people of the state of michigan enact:

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 shall implement a minor project category to allow a residential property owner to fill sandbags. The department may act upon on an application received pursuant to under section 32513 for an activity within a minor project category without providing notice pursuant to under section 32514. A minor project category shall must 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 must be based on the requirements of this part and the rules promulgated under this part, and shall must set forth the requirements and standards that shall must 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 under section 32514 but shall not hold a public hearing and shall not typically require a site inspection. A general permit shall must not be valid for more than 5 years, but may be reissued.

Sec. 32512b. If all of the following conditions are met, the department shall allow a residential property owner to dredge bottom sand to fill sandbags under a minor project authorized under section 32512a:

(a) Dredged bottom sand may only be used only to fill sandbags to prevent damage to residential property caused by water levels that exceed the ordinary high-water mark or erosion.

(b) Dredged bottom sand may only be removed from within 30 feet from the ordinary high-water mark.

(c) The residential property owner shall not dredge more than 1 cubic yard of bottom sand per 1 linear foot of lakeshore.

(d) Unless the residential property owner receives written permission from an adjacent residential property owner, dredging must not occur within 20 feet of the adjacent residential property.