Bill Text: MI HB5556 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Natural resources; Great Lakes; use of Great Lakes bottom sand for sandbags; allow. Amends sec. 32512a of 1994 PA 451 (MCL 324.32512a) & adds sec. 32512b.
Spectrum: Partisan Bill (Republican 15-0)
Status: (Introduced - Dead) 2020-02-27 - Bill Electronically Reproduced 02/27/2020 [HB5556 Detail]
Download: Michigan-2019-HB5556-Introduced.html
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.
A bill to amend 1994 PA 451, entitled
"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.
