Bill Text: MI SB0778 | 2011-2012 | 96th Legislature | Engrossed
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-Engrossed.html
SB-0778, As Passed House, March 1, 2012
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 778
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, subject to any permit required under this
part. 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 a fine of not more than $500.00. 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, township,
city, or village with jurisdiction over a public road.
(b) "Public road" means a county road or a township, 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.
