SENATE BILL NO. 526

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 80110 and 80112 (MCL 324.80110 and 324.80112), section 80110 as amended by 2020 PA 72 and section 80112 as amended by 2006 PA 237.

the people of the state of michigan enact:

Sec. 80110. (1) Except as provided under section 80112a, the department may initiate an investigation and inquiry into the need for a special rule for the use of vessels, water skis, water sleds, aquaplanes, surfboards, or other similar contrivances on any of the waters of this state to assure ensure compatibility of uses and to protect public safety. If the department receives a resolution under section 80112, the department shall do 1 of the following, as applicable:

(a) If the request concerns a lake without public access, and the request is supported by a petition containing signatures from the owners representing 75% or more of the properties with riparian rights, grant the request. If the department grants the request, the political subdivision may adopt and enforce an ordinance as described in the request. Subsections (2) to (6) and section 80111 do not apply to the ordinance.

(b) If subdivision (a) does not apply, initiate an investigation and inquiry under this subsection.

(2) The department's investigation and inquiry under subsection (1) (1)(b) into whether a special rule is needed on a water body must include consideration of all of the following:

(a) Whether the activities subject to the proposed rule pose any issues of safety to life or property.

(b) The profile of the water body, including the name of the political subdivision with jurisdiction, size, geographic location, and amount of vessel traffic.

(c) The current and historical depth of the water body, including whether there is an established lake level.

(d) Whether any special problems or conditions exist on the water body for the activities subject to the proposed rule, such as rocks, pier heads, swimming areas, public access sites, shallow waters, and submerged obstacles.

(e) Whether the proposed rule would unreasonably interfere with normal navigational traffic.

(f) Whether user conflicts exist on the water body.

(g) Complaints received by local law enforcement agencies regarding activities on the water body.

(h) The status of any accidents that have occurred on the water body.

(i) Historical uses of the water body and potential future uses of the water body.

(j) Whether the water body is public or private.

(k) Whether existing law adequately regulates the activities subject to the proposed rule.

(3) Following completion of the department's investigation and inquiry under subsection (1), (1)(b), the department shall prepare a preliminary report that includes the department's evaluation of the items listed in subsection (2) and a preliminary recommendation as to whether a special rule is needed for the water body.

(4) On preparation completion of the preliminary report under subsection (3), the department shall provide a copy of the preliminary report to the political subdivision and schedule a public hearing in the vicinity of the water body to gather public input on the preliminary report and the need for a special rule. The department shall provide notice of the public hearing in a newspaper of general circulation in the area where the water body is located not less than 10 days before the hearing. At the public hearing, any interested person may comment on the preliminary report and the need for a special rule, either orally or in writing.

(5) Within 90 days after the public hearing under subsection (4), if the department determines that a special rule is needed for the water body, the department shall propose a local ordinance or appropriate changes to a local ordinance. If the department determines that a special rule is not needed, the department shall notify the political subdivision and provide the specific reasons for the determination.

(6) A determination by the department under this section that a special rule is not needed for the water body may be appealed to the director by the political subdivision. The director shall make the final agency decision on whether a special rule is needed for the water body.

(7) As used in this section, "water body" includes all or a portion of a water body.

Sec. 80112. Local Following a public hearing, the governing body of a political subdivisions that believe subdivision may adopt a resolution informing the department that a special local ordinances of the type authorized by this part are ordinance as described in section 80110(1) is needed on waters subject to their the political subdivision's jurisdiction. shall inform the department and request assistance. All such requests shall be in the form of an official resolution approved by a majority of the governing body of the concerned political subdivision following a public hearing on the resolution. Upon receipt of a resolution under this section, Except as provided in section 80110(1)(a), upon receipt of the resolution, the department shall proceed as required by sections 80110 and 80111.