Bill Text: MI HB4398 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Watercraft; marinas; dredging material from Great Lakes bottomlands determined to be largely sand; revise permit fee. Amends sec. 32513 of 1994 PA 451 (MCL 324.32513).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2013-04-09 - Assigned Pa 11'13 With Immediate Effect [HB4398 Detail]
Download: Michigan-2013-HB4398-Engrossed.html
HB-4398, As Passed House, March 14, 2013
SUBSTITUTE FOR
HOUSE BILL NO. 4398
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 32513 (MCL 324.32513), as amended by 2012 PA
247.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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, 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, unless the
dredge material has been determined through testing to be 90% or
more sand, 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, unless the dredge
material has been determined through testing to be 90% or more
sand.
(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.
