Bill Text: MI HB5200 | 2017-2018 | 99th Legislature | Chaptered
Bill Title: Natural resources; other; certain sections in the natural resources and environmental protection act; update and eliminate certain references. Amends secs. 1301, 48705 & 48710 of 1994 PA 451 (MCL 324.1301 et seq.). TIE BAR WITH: SB 0316'17
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-02-22 - Assigned Pa 36'18 With Immediate Effect [HB5200 Detail]
Download: Michigan-2017-HB5200-Chaptered.html
Act No. 36
Public Acts of 2018
Approved by the Governor
February 20, 2018
Filed with the Secretary of State
February 21, 2018
EFFECTIVE DATE: February 21, 2018
STATE OF MICHIGAN
99TH LEGISLATURE
REGULAR SESSION OF 2018
Introduced by Rep. Howell
ENROLLED HOUSE BILL No. 5200
AN ACT to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sections 1301, 48705, and 48710 (MCL 324.1301, 324.48705, and 324.48710), section 1301 as amended by 2014 PA 215 and sections 48705 and 48710 as added by 1995 PA 57.
The People of the State of Michigan enact:
Sec. 1301. As used in this part:
(a) “Application period” means the period beginning when an application for a permit is received by the state and ending when the application is considered to be administratively complete under section 1305 and any applicable fee has been paid.
(b) “Department” means the department, agency, or officer authorized by this act to approve or deny an application for a particular permit.
(c) “Director” means the director of the state department authorized under this act to approve or deny an application for a particular permit or the director’s designee.
(d) “Permit” means a permit or operating license required by any of the following sections or by rules promulgated thereunder, or, in the case of section 9112, by an ordinance adopted thereunder:
(i) Section 3104, floodplain alteration permit.
(ii) Section 3503, permit for use of water in mining iron ore.
(iii) Section 4105, sewerage system construction permit.
(iv) Section 6516, vehicle testing license.
(v) Section 6521, motor vehicle fleet testing permit.
(vi) Section 8310, restricted use pesticide dealer license.
(vii) Section 8310a, agricultural pesticide dealer license.
(viii) Section 8504, license to manufacture or distribute fertilizer.
(ix) Section 9112, local soil erosion and sedimentation control permit.
(x) Section 11509, solid waste disposal area construction permit.
(xi) Section 11512, solid waste disposal area operating license.
(xii) Section 11542, municipal solid waste incinerator ash landfill operating license amendment.
(xiii) Section 11702, septage waste servicing license or septage waste vehicle license.
(xiv) Section 11709, septage waste site permit.
(xv) Section 30104, inland lakes and streams project permit.
(xvi) Section 30304, state permit for dredging, filling, or other activity in wetland. Permit includes an authorization for a specific project to proceed under a general permit issued under section 30312.
(xvii) Section 31509, dam construction, repair, or removal permit.
(xviii) Section 32312, flood risk, high risk, or environmental area permit.
(xix) Section 32512, permit for dredging and filling bottomland.
(xx) Section 32603, permit for submerged log removal from Great Lakes bottomlands.
(xxi) Section 35304, department permit for critical dune area use.
(xxii) Section 36505, endangered species permit.
(xxiii) Section 41702, game bird hunting preserve license.
(xxiv) Section 42101, dog training area permit.
(xxv) Section 42501, fur dealer’s license.
(xxvi) Section 42702, game dealer’s license.
(xxvii) Section 44513, charter boat operating permit under reciprocal agreement.
(xxviii) Section 44516, boat livery operating permit.
(xxix) Section 45902, game fish propagation license.
(xxx) Section 45906, game fish import license.
(xxxi) Section 48705, permit to take amphibians and reptiles for scientific or educational use.
(xxxii) Section 61525, oil or gas well drilling permit.
(xxxiii) Section 62509, brine, storage, or waste disposal well drilling or conversion permit or test well drilling permit.
(xxxiv) Section 63103a, ferrous mineral mining permit.
(xxxv) Section 63514 or 63525, surface coal mining and reclamation permit or revision of the permit, respectively.
(xxxvi) Section 63704, sand dune mining permit.
(xxxvii) Section 72108, use permits for a Pure Michigan Trail.
(xxxviii) Section 76109, sunken aircraft or watercraft abandoned property recovery permit.
(xxxix) Section 76504, Mackinac Island motor vehicle and land use permits.
(xxxx) Section 80159, buoy or beacon permit.
(e) “Processing deadline” means the last day of the processing period.
(f) “Processing period” means the following time period after the close of the application period, for the following permit, as applicable:
(i) Twenty days for a permit under section 61525 or 62509.
(ii) Thirty days for a permit under section 9112 or 44516.
(iii) Thirty days after the department consults with the underwater salvage and preserve committee created under section 76103, for a permit under section 76109.
(iv) Sixty days, for a permit under section 30104 for a minor project established under section 30105(7) or 32512a(1), or an authorization for a specific project to proceed under a general permit issued under section 30105(8) or 32512a(2), or for a permit under section 32312.
(v) Sixty days or, if a hearing is held, 90 days for a permit under section 35304.
(vi) Sixty days or, if a hearing is held, 120 days for a permit under section 30104, other than a permit or authorization described in subparagraph (ii) or (iv), or for a permit under section 31509.
(vii) Ninety days for a permit under section 11512, a revision of a surface coal mining and reclamation permit under section 63525, or a permit under section 72108.
(viii) Ninety days or, if a hearing is held, 150 days for a permit under section 3104 or 30304, or a permit under section 32512 other than a permit described in subparagraph (iv).
(ix) Ninety days after the close of the review or comment period under section 32604, or if a public hearing is held, 90 days after the date of the public hearing for a permit under section 32603.
(x) One hundred twenty days for a permit under section 11509, 11542, 63103a, 63514, or 63704.
(xi) One hundred fifty days for a permit under section 36505. However, if a site inspection or federal approval is required, the 150-day period is tolled pending completion of the inspection or receipt of the federal approval.
(xii) For any other permit, 150 days or, if a hearing is held, 90 days after the hearing, whichever is later.
Sec. 48705. (1) Reptiles, amphibians, mollusks, and crustaceans may only be taken in a manner and during those times prescribed by the commission. An individual taking, trapping, catching, or fishing for reptiles, amphibians, mollusks, or crustaceans for their personal use shall have a valid fishing license issued under part 435.
(2) An individual shall not take, trap, catch, or fish for reptiles or amphibians for commercial purposes.
(3) The department may, pursuant to part 13, issue permits to take amphibians and reptiles at any season of the year for scientific or educational purposes. The department may revoke a permit issued under this subsection.
Sec. 48710. This part does not prohibit the use of a gaff, except on or along trout streams, or a landing net to assist in landing fish already caught by a lawful device. This part does not apply to a person engaged in the business of propagating fish under part 459 or to fish caught by a device for which a lawful permit or license is obtained from the department under this part.
Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 316 of the 99th Legislature is enacted into law.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
