Bill Text: MI SB1342 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Natural resources; inland lakes; beach grooming; allow. Amends sec. 30103 of 1994 PA 451 (MCL 324.30103).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-10-17 - Referred To Committee On Outdoor Recreation And Tourism [SB1342 Detail]
Download: Michigan-2011-SB1342-Introduced.html
SENATE BILL No. 1342
October 17, 2012, Introduced by Senator EMMONS and referred to the Committee on Outdoor Recreation and Tourism.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 30103 (MCL 324.30103), as amended by 2009 PA
139.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 30103. (1) A permit is not required under this part for
any of the following:
(a) Any fill or structure existing before April 1, 1966, in
waters covered by former 1965 PA 291, and any fill or structures
existing before January 9, 1973, in waters covered for the first
time by former 1972 PA 346.
(b) A seasonal structure placed on bottomland to facilitate
private noncommercial recreational use of the water if it does not
unreasonably interfere with the use of the water by others entitled
to use the water or interfere with water flow.
(c) Reasonable sanding of beaches to the existing water's edge
by a riparian owner.
(d) 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.
(e) Mowing of vegetation between the ordinary high-water mark
and the water's edge.
(f) (d)
Construction or maintenance of a
private agricultural
drain regardless of outlet.
(g) (e)
A waste collection or treatment
facility that is
ordered to be constructed or is approved for construction by the
department.
(h) (f)
Construction and maintenance of
minor drainage
structures and facilities which are identified by rule promulgated
by
the department pursuant to under
section 30110. Before such a
rule is promulgated, the rule shall be approved by the majority of
a committee consisting of the director of the department, the
director of the department of agriculture and rural development,
and the director of the state transportation department or their
designated representatives. The rules shall be reviewed at least
annually.
(i) (g)
Maintenance and improvement of all
drains legally
established or constructed prior to January 1, 1973, pursuant to
the drain code of 1956, 1956 PA 40, MCL 280.1 to 280.630, except
those legally established drains constituting mainstream portions
of certain natural watercourses identified in rules promulgated by
the department under section 30110.
(j) (h)
Projects constructed under the
watershed protection
and
flood prevention act, chapter 656, 68 Stat. 666, 16 USC 1001 to
1008
and 1010.1012.
(k) (i)
Construction and maintenance of
privately owned
cooling or storage ponds used in connection with a public utility
except at the interface with public waters.
(l) (j)
Maintenance of a structure
constructed under a permit
issued pursuant to this part and identified by rule promulgated
under section 30110, if the maintenance is in place and in kind
with no design or materials modification.
(m) (k)
A water withdrawal.
(n) (l) Annual
installation of a seasonal dock or docks,
pilings, mooring buoys, or other mooring structures previously
authorized by and in accordance with a permit issued under this
part.
(2) As used in this section, "water withdrawal" means the
removal of water from its source for any purpose.
