Bill Text: MI HB5854 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Natural resources; wetlands; voluntary wetland restoration permit program; create. Amends sec. 30312d of 1994 PA 451 (MCL 324.30312d) & adds sec. 30312f.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-12-31 - Assigned Pa 561'18 With Immediate Effect [HB5854 Detail]
Download: Michigan-2017-HB5854-Introduced.html
HOUSE BILL No. 5854
April 24, 2018, Introduced by Reps. Howell, Bellino, LaFave, Sheppard, Lucido, Lilly, Kosowski, Rendon, Dianda, Cole, Glenn, Reilly, Hauck, Hornberger, VanSingel, Miller, VanderWall and Chirkun and referred to the Committee on Natural Resources.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 30312d (MCL 324.30312d), as amended by 2013 PA
98, and by adding section 30312f.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 30312d. (1) The department shall develop a
program to
facilitate
ecologically responsible voluntary wetland restoration
and
enhancement projects in coordination with state, federal,
tribal,
and nongovernmental groups specializing in wetland
restoration
and conservation. The program shall include, but not be
limited
to, enhancing coordination, consistency, and operational
procedures
and improving and streamlining the permitting process,
to
facilitate a net gain in wetland quantity, quality, or both.
(2)
The department shall develop a
blueberry production
assistance program to provide wetland delineation and
preapplication services and assistance with avoidance and
minimization of adverse effects on wetland. The department shall
coordinate this program with the department of agriculture and
rural development. The department shall also provide education and
outreach on wetland regulations and agricultural activities and
assist interested parties with the development of wetland
mitigation banks for the purpose of providing required compensatory
mitigation for agricultural impacts.
Sec. 30312f. (1) The department shall develop a program to
facilitate voluntary wetland restoration projects in coordination
with state, federal, tribal, and nongovernmental groups
specializing in wetland restoration and conservation. The program
shall include, but not be limited to, enhancing coordination,
consistency, and operational procedures and improving and
streamlining the permitting process, to facilitate a net gain in
wetland quantity or quality, or both.
(2) VWR projects shall be permitted by the department through
1 or more of the following:
(a) A nationwide permit.
(b) Authorization to proceed under a general permit.
(c) A permit for a minor project category.
(d) An individual permit.
(3) Any of the following may apply for a permit under this
part, including authorization to proceed under a general permit,
for a VWR project:
(a) A state or federal agency or nongovernmental organization
whose primary stated mission, purpose, or programs include wetland
conservation, such as the department, the department of agriculture
and rural development, the United States Fish and Wildlife Service,
the United States Forest Service, the United States Department of
Agriculture Natural Resources Conservation Service, or Ducks
Unlimited.
(b) A person that is in partnership with an entity described
in subdivision (a).
(4) Compensatory mitigation is not required for a VWR project
activity that results in a net increase in wetland acres,
functions, or values.
(5) A VWR project in altered wetland or degraded wetland may
change wetland vegetation or wetland type as a result of
reestablishing hydrology, emulating a preexisting hydrology,
meeting habitat requirements of species, or restoring, developing,
rehabilitating, enhancing, maintaining, or managing habitats of
special concern.
(6) A VWR project may include, but is not limited to, any of
the following activities:
(a) The removal of accumulated sediments.
(b) The installation, removal, and maintenance of water
control structures, dikes, and berms, as well as discharges of
dredged or fill material to restore appropriate channel
configurations after small water control structures, dikes, and
berms are removed.
(c) The installation of current deflectors.
(d) The enhancement, rehabilitation, or reestablishment of
riffle and pool stream structures.
(e) The placement of in-stream habitat structures.
(f) Modifications of stream beds or banks to enhance,
rehabilitate, or reestablish stream meanders.
(g) The removal of stream barriers, such as undersized
culverts, fords, or grade control structures.
(h) The backfilling of artificial channels.
(i) The removal of drain tiles or other drainage structures
and the filling, blocking, or reshaping of drainage ditches to
restore wetland hydrology.
(j) The installation of structures or fills necessary to
restore or enhance wetland or stream hydrology.
(k) The construction of small nesting islands.
(l) The construction of open water areas.
(m) Activities needed to reestablish vegetation, including
plowing or disking for seed bed preparation and the planting of
appropriate wetland species.
(n) Reestablishment of submerged aquatic vegetation.
(o) Mechanized land clearing to remove nonnative invasive,
exotic, or nuisance vegetation.
(p) Installation of nesting structures and islands, micro and
macro topography reestablishment, dredging, soil manipulation,
contouring, disking, and other activities related to a specific
wetland habitat or species conservation practice.
(7) A VWR project shall not include the planting of nonnative
plant species.
(8) Subject to subsection (9), the following activities, if
conducted by a person described in subsection (3), are not subject
to permit regulation under this part:
(a) Management of wetland water levels for any of the
following purposes:
(i) To manage fish or wildlife habitat under a site area
management plan.
(ii) To prevent or control invasive species under a site area
management plan.
(iii) To benefit threatened and endangered species under a
site area management plan.
(b) Maintenance or repair activities to sustain wetland values
or functions, fish or wildlife habitat, or related outdoor
recreation access.
(9) Subsection (8) does not apply to rare and imperiled
wetland unless the wetland is under active management pursuant to a
plan adopted by a state or federal agency.
(10) For a VWR project authorized under this section, the
department shall issue the following:
(a) A water quality certification under section 401 of title
IV of the federal water pollution control act, 33 USC 1341, within
30 days after the department's receipt of an application for
certification.
(b) A notification of concurrence with a coastal zone
management consistency determination provided to the department by
an applicant for a federal license or permit under section 307 of
the coastal zone management act of 1972, 16 USC 1456, within 30
days after the department's receipt of the consistency
determination.
(11) A floodplain permit under part 31, a permit under part
301, or an environmental area permit under part 323 is not required
for VWR project activities undertaken to restore an area that was
historically wetland.
(12) Rules promulgated under this part by the department of
environmental quality before the effective date of this section
pertain to VWR projects except to the extent that they are in
conflict with this section or superseded by rules promulgated by
the department of natural resources for the purposes of this
section.
(13) The department shall consult with the department of
environmental quality in the administration and enforcement of this
section.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 5855 (request no.
05514'18 *) of the 99th Legislature is enacted into law.
