Bill Text: MI HB5485 | 2025-2026 | 103rd Legislature | Engrossed
Bill Title: Natural resources: inland lakes; dam safety regulations; provide for. Amends secs. 31502, 31503, 31504, 31505, 31506, 31507, 31508, 31509, 31510, 31511, 31513, 31515, 31516, 31517, 31518, 31520, 31521 & 31523 of 1994 PA 451 (MCL 324.31502 et seq.) & adds secs. 31506a, 31509a, 31509b, 31517a, 31518a, 31518b, 31518c, 31518d, 31528a & 31528b.
Sponsorship: Moderate Partisan Bill (Republican 9-1)
Status: (Engrossed) 2026-10-06 - Laid Over One Day Under The Rules [HB5485 Detail]
Download: Michigan-2025-HB5485-Engrossed.html
Senate substitute for
House BILL NO. 5485
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 31506, 31509, 31510, 31511, 31513, 31515, 31517, 31519, 31520, 31521, and 31523 (MCL 324.31506, 324.31509, 324.31510, 324.31511, 324.31513, 324.31515, 324.31517, 324.31519, 324.31520, 324.31521, and 324.31523), section 31506 as amended by 1995 PA 100, section 31509 as amended by 2004 PA 325, and sections 31510, 31511, 31513, 31515, 31517, 31519, 31520, 31521, and 31523 as added by 1995 PA 59, and by adding sections 31506a, 31509b, 31517a, 31518b, 31518c, 31518d, 31528a, and 31528b.
the peoplE of the state of michigan enact:
Sec. 31506. (1) Except as otherwise provided in subsections (2) and (3), dams and impoundments in the this state are under the jurisdiction of the department.
(2) The following are exempt from this part:
(a) Projects licensed, projects that have preliminary permits, or projects for which an application for licensure has been filed under the federal power act, chapter 285, 41 Stat. 1063, 16 U.S.C. 791a to 793, 796 to 797, 798 to 818, 820 to 824a, and 824b to 825r, if federal dam safety inspection provisions apply during the license period and the inspection reports are provided to the department.
(a) (b) Projects located on boundary waters under the jurisdiction and supervision of the United States army corps Army Corps of engineers.Engineers.
(b) (c) Impoundments licensed pursuant to under part 115 that contain or are designed to contain type III wastes as defined in rules promulgated under that part.
(3) Until January 1, 1998, a permit shall not be required under this part for the repair, reconstruction, or improvement of a dam, a portion of which is at least 75 years old, was damaged or destroyed by an act of God and is located in a county that has a per capita income of less than $8,500.00. However, a person who is performing a project for the repair, reconstruction, or improvement of a dam that is exempt from obtaining a permit under this subsection shall submit to the department and the joint capital outlay committee plans and specifications for the project. These plans and specifications shall be prepared by a licensed professional engineer and shall meet acceptable standards in the industry in order for a dam to be repaired, reconstructed, or improved. In reviewing plans and specifications for the project, the joint capital outlay committee may recommend environmental considerations to protect water quality such as underspill devices, minimum flow releases and removal of contaminated sediments that may be resuspended in the water column upon impoundment. Such contaminated sediments shall be disposed of in accordance with state law.For a dam licensed under the federal power act, 16 USC 791a to 825r, the requirements under sections 31508, 31509a, 31518(1) to (4), 31518a, 31518b, 31518c, and 31518d do not apply if the owner has provided all copies of information equivalent to what is required under those sections to the department. If a decision made by the department under section 31509 conflicts with the requirements of the federal power act, 16 USC 791a to 825r, to the extent that compliance with both federal and state requirements is not feasible, the department shall modify the state requirements as necessary to allow compliance with both federal and state requirements.
(4) Documents submitted under this section and section 31506a that are designated critical energy infrastructure by the United States Department of Energy under section 215A(d) of the federal power act, 16 USC 824o-1, are not subject to the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, and the department shall manage the documents in accordance with both of the following requirements:
(a) The department may use the designated critical energy infrastructure documents as a foundation for advice provided to others but shall not disclose the documents to anyone outside of authorized recipients, the department, or the department of attorney general without written authorization from the dam owner.
(b) The department shall maintain the designated critical energy infrastructure documents in a secure place in a manner that prevents unauthorized electronic or physical access.
Sec. 31506a. If a dam or impoundment was previously licensed or is currently licensed under the federal power act, 16 USC 791a to 825r, and the dam or impoundment subsequently comes under the jurisdiction of this state, the owner shall provide the department with the full inventory of information that was previously provided to the Federal Energy Regulatory Commission as part of the requirements for licensure under the federal power act, 16 USC 791a to 825r.
Sec. 31509. (1) Except as otherwise provided in this part or as authorized by a permit issued by the department pursuant to under part 13, a person shall not undertake any of the following activities:
(a) Construction of a new dam.
(b) Enlargement of a dam or an impoundment.
(c) Repair of a dam.
(d) Alteration of a dam.
(e) Removal of a dam.
(f) Abandonment of a dam.
(f) (g) Reconstruction of a failed dam.
(2) An application for a permit shall must include any information that the department determines is necessary for the administration of this part and a first-filling plan or refilling plan, as applicable. If a project includes activities at multiple locations, 1 application may be filed for the combined activities.
(3) An application for a permit for construction of a new dam, reconstruction of a failed dam, or enlargement of a dam shall must be accompanied by the following fees:
(a) For a dam with a height of 6 feet or more but less than 10 feet, $500.00.
(b) For a dam with a height of 10 feet or more but less than 20 feet, $1,000.00.
(c) For a dam with a height of 20 feet or more, $3,000.00.
(4) An application for a permit for the repair, alteration, removal, or abandonment of a dam shall must be accompanied by a fee of $200.00, and an application for a permit for a minor project pursuant to under section 31513(1) shall must be accompanied by a fee of $100.00.
(5) If a person submits an application for the transfer of a permit issued under this part, in addition to the fee required under subsection (4), the application must be accompanied by a written agreement between the current and new owners or operators of the dam that contains a specific date for the transfer of responsibility, coverage, and liability of the permit.
(6) (5) The department shall waive the fees under this section for applications from state agencies, department sponsored projects located on public lands, and organizations of the type described in section 31508(2)(a) through (c).any nonprofit organization that meets the following requirements:
(a) Has assets of less than $30,000.00 and that is exempt from taxation under section 501(c)(3) of the internal revenue code of 1986, 26 USC 501.
(b) Is not composed primarily of the owners of property adjacent or contiguous to an impoundment.
(7) (6) The department shall forward fees collected under this section to the state treasurer for deposit in the land and water management permit fee fund created in section 30113.
(8) If work is done to a dam in violation of a permit requirement under this part, the department shall consider accepting, and may accept, an application for a permit if the application is accompanied by a fee equal to twice the application fee otherwise required under this section.
(9) At any time before an application is submitted under this section, an applicant for a permit may request, in writing, a preapplication meeting with the department. The preapplication meeting request must include the requested location of the meeting. Not later than 30 days after the preapplication meeting request is received, unless an alternative timeline is agreed to by both parties, the department shall meet with the applicant to review a proposed project or a proposed permit application in its entirety. A preapplication meeting must take place at the department's district office for the district that includes the project site or at the project site itself, as specified in the preapplication meeting request.
Sec. 31509b. Beginning January 1, 2029, and not later than January 1 every 3 years thereafter, the department shall adjust the fees described in section 31509 by an amount as determined by the state treasurer at the end of the preceding fiscal year, rounded to the nearest $10.00, to reflect the cumulative percentage change in the Detroit Consumer Price Index from the most recent 3-year period for which data is available for the Detroit-Warren-Dearborn area from the Bureau of Labor Statistics of the United States Department of Labor.
Sec. 31510. (1) A person who wants to be notified of pending applications for permits issued under this part may make a written request to the department, accompanied by an annual fee of $25.00. The fee shall be deposited in the state treasury and credited to the general fund.The department shall post on its website, and establish a process to provide email notification of, both of the following:
(2) The department shall prepare a biweekly list of the applications made during the previous biweekly period and shall promptly mail copies of the list for the remainder of the calendar year to the persons who have requested notice and paid the fee under this section.
(3) The biweekly list shall state the name and address of each applicant, the legal description of the lands included in the applicant's project, and a summary statement of the purpose of the project.
(a) A list of pending applications for registration under section 31509a.
(b) Public notices and schedule of public hearings as described under section 31511.
Sec. 31511. (1) Upon On receipt of an application for a permit under this part, section 31509, the department shall submit copies of the application accompanied by for a permit with a statement indicating that indicates that the department may act upon on the application for a permit without a public hearing unless a written request is filed with the department within not later than 20 days after the submission for review. The department shall submit copies of the application to all of the following:
(a) The local unit of government where the project is to be located.
(b) The adjacent riparian owners.
(c) Any person considered appropriate by the department.
(d) Any person who that requests copies.
(e) A watershed council, organized pursuant to under part 311, of the watershed within which the project is located or is to will be located.
(2) The department may hold a public hearing upon on the written request of any of the following:
(a) An applicant.
(b) A riparian owner.
(c) A person or local unit of government that is entitled to receive a copy of the application pursuant to under subsection (1).
(3) The department may issue a conditional permit before the expiration of the 20-day period provided under subsection (1) if emergency conditions exist and warrant the project to protect property or public health, safety, or welfare.
(3) A public hearing held pursuant to this section shall be held in compliance with the open meetings act, Act No. 267 of the Public Acts of 1976, being sections 15.261 to 15.275 of the Michigan Compiled Laws. Public notice of the time, date, and place of the hearing shall be given in the manner provided by that act. Additionally, the department shall mail copies of the public notice to the persons who have requested the biweekly list pursuant to section 31510, the person requesting the hearing, and the persons and local units of government that are entitled to receive a copy of the application pursuant to subsection (1).
Sec. 31513. (1) The After providing notice and an opportunity for a public hearing under section 31511, the department shall promulgate rules in accordance with the administrative procedures act of 1969 to establish minor project categories for alterations and repairs that have minimal effect on the structural integrity of a dam. The department may act upon on an application and grant a permit for an activity or project within a minor project category, after an on-site inspection of the dam, without providing public notice.
(2) All other provisions of this part shall be are applicable to minor projects, except that a final inspection by the department or certification of the project by a licensed professional engineer shall is not be required for a project completed under a permit granted pursuant to under subsection (1).
Sec. 31515. (1) Except as otherwise provided in this section, a permit issued granted by the department under this part shall must require that plans and specifications be approved by the department before construction begins. The Except as otherwise provided in this subsection, the department shall approve or reject complete plans and specifications within not later than 60 days after their receipt. the plans and specifications are received. If the plans and specifications are submitted for a project that is licensed by the Federal Energy Regulatory Commission, the department shall approve or reject the complete plans and specifications within a time frame that does not exceed the Federal Energy Regulatory Commission's review of the plans and specifications. The permitted activity shall must be completed within a specified time not to exceed 2 5 years after the date of issuance of the permit is granted. Upon On the written application of the permittee, and for good cause shown, the department may extend the time for completing construction. The permittee shall notify the department at least 10 days before beginning construction and shall otherwise notify the department as the department may require.
(2) A The permittee shall not implement a change in approved plans and specifications shall not be implemented unless the department gives its prior approval. The department shall approve or reject changes in plans and specifications within not later than 30 days after the department receives the request for the changes.
(3) A permit is effective for the length of time specified in the permit unless it the permit is revoked pursuant to under this part. The department may renew a permit.
(4) A permit to alter, repair, or construct a new dam, reconstruct a failed dam, or enlarge the surface area of an impoundment by more than 10% may specify the terms and conditions including, but not limited to, requirements for minimum flows, cold water release, impoundment fluctuations, portage, contingency plans, and conditions under which the work is to be performed. The terms and conditions of a permit shall must be effective for the life of the project. The department may consider, in issuing a permit, any mitigating measures in conjunction with the permitted activities and may make recommendations as to means of fish passage that may be required by part 483.
(5) A permit to construct a new dam, or to reconstruct a failed dam, or to enlarge, alter, or remove an existing dam may require a performance bond to assure ensure completion of the project or to provide for complete or partial restoration of the project site, as determined by the department in rules promulgated by the department.
(6) A permit may be suspended, revoked, annulled, withdrawn, recalled, canceled, or amended after After a hearing is held in accordance with the administrative procedures act of 1969, the department may suspend, revoke, or modify a permit for a violation of any of its provisions, a violation of the permit, this part, a violation of or a rule promulgated under this part, or for any misrepresentation contained in the application for the permit. Hearings shall be conducted by the department in accordance with the provisions for contested cases in the administrative procedures act of 1969.
Sec. 31517. (1) Except for minor projects authorized pursuant to under section 31513, the owner shall do both of the following:
(a) Within Not later than 10 days after the completion of a new, reconstructed, enlarged, repaired, or altered dam, notify the department of its completion.
(b) Within Not later than 20 days after submitting the notice of completion, file with the department as-built plans and a statement signed by a licensed professional engineer certifying that certifies that the project was constructed in conformance with plans and specifications approved by the department.
(2) The department shall inspect the project and shall provide the owner with written notice of final approval after the project is completed if the project is determined to have been completed in accordance with approved plans, specifications, and permit conditions. The department may also inspect the project during construction of the project.
(3) If the project is determined not to be completed in accordance with approved plans, and specifications approved by the department specifications, and permit conditions described under subsection (2), the department shall provide notice to the permittee as to the specific reasons the department determines the project not to be completed in accordance with those the plans, specifications, or permit conditions. The department may then take enforcement action as provided in this part.
(4) Nothing in this act is construed to relieve an owner of the legal duties, obligations, or liabilities incident to the ownership or operation of a dam or impoundment.
Sec. 31517a. (1) An owner shall prepare and keep current operations and maintenance records for each dam owned by the owner. The operations and maintenance records must, at a minimum, contain all of the following:
(a) A brief description of the major elements of the dam.
(b) Operation procedures during normal and high flows.
(c) Emergency action plans.
(d) Copies of recent inspection reports submitted to the department under section 31518.
(e) Maintenance work order procedures.
(f) Sample maintenance and inspection forms.
(g) Key contact information.
(2) An owner shall prepare and keep current a surveillance and monitoring plan for each dam owned by the owner.
(3) An owner shall maintain all of the records described under this section and make the records available to the department on request.
Sec. 31518b. (1) An owner shall prepare, and keep current, a surveillance and monitoring plan and submit the plan to the department for review. The surveillance and monitoring plan must be consistent with standard engineering practices.
(2) A surveillance and monitoring plan must include, but is not limited to, all of the following information:
(a) The name, address, and telephone number of the owner, and any agent or employee of the owner, responsible for the operation of the dam.
(b) Information necessary to evaluate probable failure modes of the dam.
(c) An assessment of current and past surveillance and monitoring data.
(d) Recommendations for any necessary analyses or remedial actions.
(3) The owner shall notify the department of any concerning findings of surveillance and monitoring data within 24 hours.
Sec. 31518c. An owner shall prepare, and keep current, an operation and maintenance plan and submit the plan to the department for review. An operation and maintenance plan must include all of the following information:
(a) A description of the dam.
(b) Contact information for the dam owner and any agent or employee of the owner that is necessary to the operation of the dam and each individual's responsibilities.
(c) An inspection schedule and checklist for routine dam safety inspections conducted by the owner.
(d) A description of normal and emergency dam operation procedures.
(e) A log of normal and emergency dam operation procedures.
(f) A description of normal and emergency dam maintenance procedures.
(g) A log of normal and emergency dam maintenance procedures.
(h) Contact information and notification procedures for upstream and downstream owners, if applicable.
Sec. 31518d. (1) An owner shall prepare and keep current a safety and security plan and submit the plan to the department for review. A safety and security plan must include all of the following information:
(a) A summary of all physical safety measures at the dam, including any signage, waterway barriers, safety fencing, railings, or other safety devices.
(b) A summary of all physical security measures at the dam, including security cameras, alarms, security fencing, gates, doors, barriers, or other security devices.
(c) A response plan for any safety and security issues at the dam, which must include, at a minimum, all of the following:
(i) Dam personnel detection and reporting procedures.
(ii) Notification flow charts and call lists.
(iii) Response procedures.
(iv) A safety and security incident report template.
(2) The owner shall notify the department of any safety or security incidents within 24 hours after the incident occurs.
Sec. 31519. (1) Where If significant damage to the public health, safety, welfare, property, and natural resources or the public trust in those natural resources or damage to persons or property occurs or is anticipated to occur due to the operation of a dam, the department may order the owner to limit dam operations. These orders An order to limit dam operations may include, but are is not limited to, cold water release, minimum flow releases from dams, a dam, impoundment fluctuation restrictions, or requirements for run-of-the-river operation. In issuing these orders, Before issuing an order to limit dam operations, the department shall take into account consider social, economic, and public trust values.
(2) Where If significant damage to persons, property, or natural resources or the public trust in those natural resources occurs as a result of the condition or existence of a dam, the department may order the removal of the dam following a determination by the department that, due to the continued condition or existence of the dam, the dam is likely to continue to cause significant damage. In Before issuing a an order for the removal order, of a dam, the department shall take into account consider social and economic values, the natural resources, and the public trust in those natural resources. and The department shall not issue a an order for the removal order when those of a dam factors exceed adverse impacts on natural resources or present danger to persons or property. The department shall not issue a removal order involving a dam subject to the regulatory authority of the Michigan public service commission or the federal energy regulatory commission Federal Energy Regulatory Commission unless that the Michigan public service commission or the Federal Energy Regulatory Commission has concurred in writing with the order. The department shall issue a removal order only after the department provides the owner with an opportunity to correct the conditions that are causing or are likely to cause significant damage.
(3) Prior to Before finalizing an order issued under this section, the department shall provide an owner an opportunity for a hearing pursuant to in accordance with the administrative procedures act of 1969.
Sec. 31520. (1) The owner or his or her agent shall advise the department and the affected off-site public authorities and safety agencies of any sudden or unprecedented flood or unusual or alarming circumstance or occurrence, whether existing or anticipated, that may affect the safety of the dam within 24 hours of after the flood, circumstance, or occurrence.
(2) The owner shall notify the department as soon as possible of any necessary emergency drawdowns, repairs, breaching, or other action being taken in response to an emergency condition.
Sec. 31521. (1) The department may issue to an owner a written emergency orders as provided in this section. The department may, by written notice, order an owner order that requires the owner to immediately repair, draw down, breach, remove, or cease operation of a dam where a if the dam is in imminent danger of failure and or is causing or threatening to cause harm to public health, safety, welfare, property, or the natural resources or the public trust in those natural resources.
(2) If an owner fails to comply with an emergency order under subsection (1), or is unavailable to or unable to cannot be contacted, then the department may undertake immediate repair, drawdown, breaching, removal, or cessation of operation, as may be necessary to alleviate the danger. , and Except for the 5 years after a dam has come under the ownership of local government by means of tax foreclosure, the department may recover from the owner the costs incurred in a civil action. commenced in a court of competent jurisdiction. The department may terminate an emergency order upon on a determination in writing that all necessary emergency actions have been complied with by the owner and that an emergency no longer exists.
(3) (2) When ordering In an emergency actions order under subsection (1), the department may specify do any of the following:
(a) Specify a maximum drawdown level. and
(b) Specify discharge rates. and require sediment
(c) Require any of the following:
(i) Sediment surveys. , water
(ii) Water quality sampling. , monitoring, or any
(iii) Monitoring.
(iv) Any other action determined necessary by the department to ensure adequate protection of the public health, safety, welfare, property, or natural resources or the public trust in those natural resources.
(4) The department may modify the requirements of an emergency order if , during the conduct of ordered actions, it the department determines that the modification is necessary to protect the public health, safety, welfare, property, or natural resources or the public trust in those natural resources.
(5) (3) Upon Not later than 15 days after the issuance of an emergency order under subsection (1), the department shall provide the owner with an opportunity for a hearing pursuant to under the administrative procedures act of 1969. within 15 days of the date of its issuance. The department may proactively schedule a hearing under this subsection, but the owner shall submit a petition to request the hearing within 15 days after the issuance of an order under this section before a hearing can be held. At the hearing, the department shall determine, based on information and fact, if the emergency order shall must be continued, modified, or suspended as necessary to protect public health, safety, welfare, property, or natural resources or the public trust in those natural resources.
(6) A hearing held under subsection (5) does not preclude the owner or department from immediately taking action as necessary to alleviate danger of failure of a dam.
Sec. 31523. (1) An owner shall prepare, and keep current, on a form and in a manner prescribed by the department, emergency action plans for all high and significant hazard potential dams owned by that person. An owner shall annually review and update, as necessary, emergency action plans and submit the plans to the department.
(2) Emergency action plans shall prepared or updated under this section must be submitted to the department, county or local emergency management coordinators, and all local entities with zoning approval authority located within the inundated zone.
(3) The applicable county or local emergency management coordinators shall review for consistency any emergency action plans prepared or updated under subsection (1) with the county or local emergency operations plan prior to submission of those before submitting the plans to the department.
(4) An emergency action plan shall prepared or updated under subsection (1) must be consistent with the applicable provisions of the affected county or local emergency operations plans and the Michigan emergency preparedness plan as developed pursuant to under the emergency preparedness act, Act No. 390 of the Public Acts of 1976, being sections 30.401 to 30.420 of the Michigan Compiled Laws.management act, 1976 PA 390, MCL 30.401 to 30.421.
(5) Emergency An emergency action plans shall plan prepared or updated under subsection (1) must include, but not be limited to, the all of the following:
(a) The name, address, and telephone number of the person, and of an alternate person, responsible for operation of the dam. ; the
(b) The name and telephone number of county or local emergency management coordinators. ; and a
(c) A listing of occupied facilities, buildings, and residences that may be threatened with flooding due to a failure of the dam.
(d) Mapping that is adequate to clearly delineate the areas of inundation resulting from a failure of the dam.
(6) If a high hazard potential or significant hazard potential dam is located on a river system with multiple dams, the owner shall coordinate preparation, updating, exercising, and activation of emergency action plans under this section with the owners of the other dams on the river system.
(7) An owner shall exercise an emergency action plan prepared or updated under this section at least once every 5 years.
Sec. 31528a. (1) The dam safety emergency fund is created within the state treasury. The state treasurer may receive money or other assets from any source for deposit into the fund. The state treasurer shall direct the investment of the fund and credit to the fund interest and earnings from fund investments. Money in the fund at the end of the fiscal year remains in the fund and does not lapse to the general fund. The department is the administrator of the fund for auditing purposes.
(2) On appropriation, the department shall expend money from the fund to take remedial or corrective actions that remove or reduce significant safety risks posed by dams when an owner is unable or unwilling to take remedial or corrective action. Except for the 5 years after a local government becomes owner of a dam through tax foreclosure, the department and the department of attorney general may recover costs expended from the fund under this subsection from an owner. Recovered costs must be deposited in the fund.
(3) As used in this section and section 31528b, "fund" means the dam safety emergency fund created under subsection (1).
Sec. 31528b. (1) The department shall establish a dam risk reduction grant program as provided in this section.
(2) The program must provide grants to owners to complete any of the following projects:
(a) Repair or alteration of a dam.
(b) Removal of a dam.
(c) Scoping and engineering plans associated with any of the actions described in subdivisions (a) and (b).
(3) An owner shall apply to the program on a form and in a manner prescribed by the department. To be eligible to receive a grant from the program, the owner must be able to contribute matching funds of at least 10%.
(4) As used in this section, "program" means the dam risk reduction grant program created under subsection (1).
Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 947 of the 103rd Legislature is enacted into law.
