Bill Text: MI SB0778 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Natural resources; inland lakes; public road access to lakes or streams; specify authorized uses. Amends 1994 PA 451 (MCL 324.101 - 324.90106) by adding sec. 30111b.
Spectrum: Slight Partisan Bill (Republican 4-2)
Status: (Passed) 2012-03-27 - Assigned Pa 0056'12 With Immediate Effect [SB0778 Detail]
Download: Michigan-2011-SB0778-Introduced.html
SENATE BILL No. 778
October 26, 2011, Introduced by Senators KOWALL, JONES, PAPPAGEORGE, SCHUITMAKER, BIEDA and GREGORY and referred to the Committee on Judiciary.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
(MCL 324.101 to 324.90106) by adding section 30111b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 30111b. (1) A public road end shall not be used for any
of the following unless a recorded deed, recorded easement, or
other recorded dedication expressly provides otherwise:
(a) Construction, installation, maintenance, or use of boat
hoists or boat anchorage devices.
(b) Mooring or docking of a vessel between 12 midnight and
sunrise.
(c) Any activity that obstructs ingress to or egress from the
inland lake or stream.
(2) A public road end shall not be used for the construction,
installation, maintenance, or use of a dock or wharf other than a
single seasonal public dock or wharf that is authorized by the
local unit of government. This subsection does not prohibit any use
that is expressly authorized by a recorded deed, recorded easement,
or other recorded dedication. This subsection does not permit any
use that exceeds the uses authorized by a recorded deed, recorded
easement, other recorded dedication, or a court order.
(3) The local unit of government may prohibit a use of a
public road end that violates this section.
(4) A person who violates subsection (1) or (2) is guilty of a
misdemeanor punishable by imprisonment for not more than 90 days or
a fine of not more than $500.00, or both. Each 24-hour period in
which a violation exists constitutes a separate violation of this
section. A peace officer may issue an appearance ticket as
authorized by sections 9c to 9g of chapter IV of the code of
criminal procedure, 1927 PA 175, MCL 764.9c to 764.9g, to a person
who violates subsection (1) or (2).
(5) This section does not prohibit a person or agency from
commencing a civil action for conduct that violates this section.
(6) As used in this section:
(a) "Local unit of government" means the county, city, or
village with jurisdiction over a public road.
(b) "Public road" means a county road or city or village
street that is open for use by the public.
(c) "Public road end" means the terminus of a public road at
an inland lake or stream.
