Bill Text: MI SB1020 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Natural resources: shorelands; permit requirement for certain activities along the Great Lakes shoreline above the statutory ordinary high-water mark; exempt. Amends secs. 32311, 32312 & 32512 of 1994 PA 451 (MCL 324.32311 et seq.).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-07-23 - Referred To Committee On Environmental Quality [SB1020 Detail]
Download: Michigan-2019-SB1020-Introduced.html
SENATE BILL NO. 1020
July 23, 2020, Introduced by Senator MCBROOM
and referred to the Committee on Environmental Quality.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 32311, 32312, and 32512 (MCL 324.32311, 324.32312, and 324.32512), section 32311 as added by 1995 PA 59, section 32312 as amended by 2019 PA 84, and section 32512 as amended by 2012 PA 247.
the people of the state of michigan enact:
Sec. 32311. (1) An existing
zoning ordinance or a A zoning ordinance or a modification or an amendment to a zoning ordinance that regulates a
high-risk area, a flood risk area, or an environmental area shall be submitted to is not effective until it has been submitted to and
approved by the department. for approval or
disapproval.
(2)
The department shall determine if approve the ordinance , modification, or amendment if it adequately prevents property damage or
prevents damage to an environmental area, a high-risk area, or a flood risk
area. If an ordinance, modification, or
amendment is disapproved by the department, it shall not have force or effect
until modified by the local unit of government and approved by the department.
(3)
The department shall not disapprove an ordinance or amendment because it fails
to require a permit for dredging, placing spoils, temporarily using equipment,
or constructing a seawall, revetment, or other shoreline stabilization
structure if the activity or structure is located landward of the ordinary high-water
mark as specified in section 32502.
Sec. 32312. (1) To regulate the uses and development
of high-risk areas, flood risk areas, and environmental areas and to implement
the purposes of this part, the department shall promulgate rules. If permits are required under rules
promulgated under this part, the rules require permits, the permits shall be
issued pursuant to the rules and part 13. A permit is not required under this part for dredging, placing
spoils, temporarily using equipment, or constructing a seawall, revetment, or
other shoreline stabilization structure if the activity or structure is located
landward of the ordinary high-water mark as specified in section 32502. Except
as provided under subsection (2), until October 1, 2023, if permits are
required pursuant to rules promulgated under this part, an application for a
permit shall be accompanied by a fee as follows:
(a) For a commercial or
multifamily residential project, $500.00.
(b) For a single-family
home construction, $100.00.
(c) For an addition to an
existing single-family home or for a project that has a minor impact on fish
and wildlife resources in environmental areas as determined by the department,
$50.00.
(2) A project that
requires review and approval under this part and under 1 or more of the
following is subject to only the single highest permit fee required under this
part or the following:
(a) Part 301.
(b) Part 303.
(c) Part 325.
(d) Section 3104.
(e) Section 117 of the
land division act, 1967 PA 288, MCL 560.117.
(3) 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.
(4) A circuit court, upon
petition and a showing by the department that a rule promulgated under
subsection (1) has been violated, shall issue any necessary order to the
defendant to correct the violation or to restrain the defendant from further
violation of the rule.
Sec. 32512. (1) Except as provided in subsection subsections (2) and (3), unless a permit has been granted by the
department pursuant to part 13 or authorization has been granted by the
legislature, or except as to boat wells and
slips facilitating private, noncommercial, recreational boat use, not exceeding
50 feet in length where the spoil is not disposed of below the ordinary
high-water mark of the body of water to which it is connected, a
person shall not do any of the following:
(a) Construct, dredge,
commence, or do any work with respect to an artificial canal, channel, ditch,
lagoon, pond, lake, or similar waterway where the purpose is ultimate
connection of the waterway with any of the Great Lakes, including Lake St.
Clair.
(b) Connect any natural
or artificially constructed waterway, canal, channel, ditch, lagoon, pond,
lake, or similar waterway with any of the Great Lakes, including Lake St.
Clair, for navigation or any other purpose.
(c) Dredge or place spoil
or other material on bottomland.
(d) Construct a marina.
(2) Except as provided in Subject to subsection (3), (4), the following activities are not
subject to regulation under this part:
(a) Leveling of sand,
removal of vegetation, grooming of soil, or removal of debris, in an area of
unconsolidated material predominantly composed of sand, rock, or pebbles,
located between the ordinary high-water mark and the water's edge.
(b) Mowing of vegetation
between the ordinary high-water mark and the water's edge.
(3)
Subject to subsection (4), a permit is not required under this part for any of
the following:
(a)
Dredging, placing spoils, temporarily using equipment, or constructing a
seawall, revetment, or other shoreline stabilization structure if the activity
or structure is located landward of the ordinary high-water mark.
(b)
Constructing or maintaining boat wells and slips facilitating private,
noncommercial, recreational boat use, not exceeding 50 feet in length if the
spoil is not disposed of below the ordinary high-water mark of the body of
water to which it is connected.
(4) (3) Subsection (2) does Subsections (2) and (3) do not apply to lands included in the survey of the delta of the St. Clair River, otherwise referred to as the St. Clair flats, Flats, located within Clay township, Township, St. Clair county, County, as provided for in 1899 PA 175.
