HOUSE BILL No. 6418 September 24, 2002, Introduced by Rep. Palmer and referred to the Committee on Land Use and Environment. A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 30301, 30305, 32501, 32511, and 32512 (MCL 324.30301, 324.30305, 324.32501, 324.32511, and 324.32512), sections 30301, 32501, 32511, and 32512 as added by 1995 PA 59 and section 30305 as amended by 1996 PA 550. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 30301. As used in this part: 2 (A) "BEACH MAINTENANCE ACTIVITIES" INCLUDES, BUT IS NOT 3 LIMITED TO, MANUAL OR MECHANIZED MOWING, LEVELING OF SAND, AND 4 REMOVAL OF VEGETATION AND GROOMING OF THE TOP 4 INCHES OF SOIL OF 5 THE AREA OF GREAT LAKES RIPARIAN LANDS LYING BETWEEN THE ORDINARY 6 HIGH-WATER MARK AND THE WATER'S EDGE. 07969'02 JCB 2 1 (B)(a)"Fill material" means soil, rocks, sand, waste of 2 any kind, or any other material that displaces soil or water or 3 reduces water retention potential. 4 (C) "GREAT LAKES RIPARIAN LANDS" MEANS PROPERTY BORDERING ON 5 THE GREAT LAKES. 6 (D)(b)"Minor drainage" includes ditching and tiling for 7 the removal of excess soil moisture incidental to the planting, 8 cultivating, protecting, or harvesting of crops or improving the 9 productivity of land in established use for agriculture, horti- 10 culture, silviculture, or lumbering. 11 (E) "ORDINARY HIGH-WATER MARK" MEANS THAT TERM AS IT IS 12 DEFINED IN SECTION 32502. 13 (F)(c)"Person" means an individual, sole proprietorship, 14 partnership, corporation, association, municipality, this state, 15andAN instrumentality or agency of this state, the federal 16 government,oran instrumentality or agency of the federal gov- 17 ernment, orotherANOTHER legal entity. 18 (G)(d)"Wetland" means land characterized by the presence 19 of water at a frequency and duration sufficient to support, and 20 that under normal circumstances does support, wetland vegetation 21 or aquatic life, and is commonly referred to as a bog, swamp, or 22 marsh and which is any of the following: 23 (i) Contiguous to the Great Lakes or Lake St. Clair, an 24 inland lake or pond, or a river or stream. 25 (ii) Not contiguous to the Great Lakes, an inland lake or 26 pond, or a river or stream; and more than 5 acres in size; except 27 this subparagraph shall not be of effect, except for the purpose 07969'02 3 1 of inventorying, in counties of less than 100,000 population 2 until the department certifies to the commission it has substan- 3 tially completed its inventory of wetlands in that county. 4 (iii) Not contiguous to the Great Lakes, an inland lake or 5 pond, or a river or stream; and 5 acres or less in size if the 6 department determines that protection of the area is essential to 7 the preservation of the natural resources of the state from pol- 8 lution, impairment, or destruction and the department has so 9 notified the owner; except this subparagraph may be utilized 10 regardless of wetland size in a county in which subparagraph (ii) 11 is of no effect; except for the purpose of inventorying, at the 12 time. 13 Sec. 30305. (1) Activities that require a permit under 14 part 325 or part 301 or a discharge that is authorized by a dis- 15 charge permit under section 3112 or 3113 do not require a permit 16 under this part. 17 (2) The following uses are allowed in a wetland without a 18 permit subject to other laws of this state and the owner's 19 regulation: 20 (a) Fishing, trapping, or hunting. 21 (b) Swimming or boating. 22 (c) Hiking. 23 (d) Grazing of animals. 24 (e) Farming, horticulture, silviculture, lumbering, and 25 ranching activities, including plowing, irrigation, irrigation 26 ditching, seeding, cultivating, minor drainage, harvesting for 27 the production of food, fiber, and forest products, or upland 07969'02 4 1 soil and water conservation practices. Wetland altered under 2 this subdivision shall not be used for a purpose other than a 3 purpose described in this subsection without a permit from the 4 department. 5 (f) Maintenance or operation of serviceable structures in 6 existence on October 1, 1980 or constructed pursuant to this part 7 or formerAct No. 203 of the Public Acts of 19791979 PA 203. 8 (g) Construction or maintenance of farm or stock ponds. 9 (h) Maintenance, operation, or improvement which includes 10 straightening, widening, or deepening of the following which is 11 necessary for the production or harvesting of agricultural 12 products: 13 (i) An existing private agricultural drain. 14 (ii) That portion of a drain legally established pursuant to 15 the drain code of 1956,Act No. 40 of the Public Acts of 1956,16being sections 280.1 to 280.630 of the Michigan Compiled Laws17 1956 PA 40, MCL 280.1 TO 280.630, which has been constructed or 18 improved for drainage purposes. 19 (iii) A drain constructed pursuant to other provisions of 20 this part or formerAct No. 203 of the Public Acts of 19791979 21 PA 203. 22 (i) Construction or maintenance of farm roads, forest roads, 23 or temporary roads for moving mining or forestry equipment, if 24 the roads are constructed and maintained in a manner to assure 25 that any adverse effect on the wetland will be otherwise 26 minimized. 07969'02 5 1 (j) Drainage necessary for the production and harvesting of 2 agricultural products if the wetland is owned by a person who is 3 engaged in commercial farming and the land is to be used for the 4 production and harvesting of agricultural products. Except as 5 otherwise provided in this part, wetland improved under this sub- 6 division after October 1, 1980 shall not be used for nonfarming 7 purposes without a permit from the department. This subdivision 8shallDOES not apply to a wetlandwhichTHAT is contiguous to 9 a lake or stream, or to a tributary of a lake or stream, or to a 10 wetland that the department has determined by clear and convinc- 11 ing evidence to be a wetland that is necessary to be preserved 12 for the public interest, in which case a permit is required. 13 (k) Maintenance or improvement of public streets, highways, 14 or roads, within the right-of-way and in such a manner as to 15 assure that any adverse effect on the wetland will be otherwise 16 minimized. Maintenance or improvement does not include adding 17 extra lanes, increasing the right-of-way, or deviating from the 18 existing location of the street, highway, or road. 19 (l) Maintenance, repair, or operation of gas or oil pipe- 20 lines and construction of gas or oil pipelines having a diameter 21 of 6 inches or less, if the pipelines are constructed, main- 22 tained, or repaired in a manner to assure that any adverse effect 23 on the wetland will be otherwise minimized. 24 (m) Maintenance, repair, or operation of electric transmis- 25 sion and distribution power lines and construction of distribu- 26 tion power lines, if the distribution power lines are 07969'02 6 1 constructed, maintained, or repaired in a manner to assure that 2 any adverse effect on the wetland will be otherwise minimized. 3 (n) Operation or maintenance, including reconstruction of 4 recently damaged parts, of serviceable dikes and levees in exis- 5 tence on October 1, 1980 or constructed pursuant to this part or 6 formerAct No. 203 of the Public Acts of 19791979 PA 203. 7 (o) Construction of iron and copper mining tailings basins 8 and water storage areas. 9 (P) BEACH MAINTENANCE ACTIVITIES. 10 (3) An activity in a wetland that was effectively drained 11 for farming before October 1, 1980 and that on and after 12 October 1, 1980 has continued to be effectively drained as part 13 of an ongoing farming operation is not subject to regulation 14 under this part. 15 (4) A wetland that is incidentally created as a result of 1 16 or more of the following activities is not subject to regulation 17 under this part: 18 (a) Excavation for mineral or sand mining, if the area was 19 not a wetland before excavation. This exemption does not include 20 a wetland on or adjacent to a water body of 1 acre or more in 21 size. 22 (b) Construction and operation of a water treatment pond or 23 lagoon in compliance with the requirements of state or federal 24 water pollution control regulations. 25 (c) A diked area associated with a landfill if the landfill 26 complies with the terms of the landfill construction permit and 27 if the diked area was not a wetland before diking. 07969'02 7 1 Sec. 32501. As used in this part:, "marina2 (A) "BEACH MAINTENANCE ACTIVITIES" INCLUDES, BUT IS NOT 3 LIMITED TO, MANUAL OR MECHANIZED MOWING, LEVELING OF SAND, AND 4 REMOVAL OF VEGETATION AND GROOMING OF THE TOP 4 INCHES OF SOIL OF 5 THE AREA OF GREAT LAKES RIPARIAN LANDS LYING BETWEEN THE ORDINARY 6 HIGH-WATER MARK AND THE WATER'S EDGE. 7 (B) "MARINA purposes" means an operation making use of sub- 8 merged bottomlands or filled-in bottomlands of the Great Lakes 9 for the purpose of service to boat owners or operators, which 10 operation may restrict or prevent the free public use of the 11 affected bottomlands or filled-in lands. 12 (C) "GREAT LAKES RIPARIAN LANDS" MEANS PROPERTY BORDERING ON 13 THE GREAT LAKES. 14 Sec. 32511. A riparian owner may apply to the department 15 for a certificate suitable for recording indicating the location 16 of THE ORDINARY HIGH-WATER MARK ON his or herlakeward boundary17 PROPERTY or indicating that the land involved has accreted to his 18 or her property as a result of natural accretions or placement of 19 a lawful, permanent structure. The application shall be accom- 20 panied by a fee of $200.00 and proof of upland ownership. 21 Sec. 32512. (1) Unless a permit has been granted by the 22 department or authorization has been granted by the legislature, 23 or except as to boat wells and slips facilitating private, non- 24 commercial, recreational boat use, not exceeding 50 feet in 25 length where the spoil is not disposed of below the ordinary 26 high-water mark of the body of water to which it is connected, a 27 person shall not do any of the following: 07969'02 8 1 (a) Construct, dredge, commence, or do any work with respect 2 to an artificial canal, channel, ditch, lagoon, pond, lake, or 3 similar waterway where the purpose is ultimate connection of the 4 waterway with any of the Great Lakes, including Lake St. Clair. 5 (b) Connect any natural or artificially constructed water- 6 way, canal, channel, ditch, lagoon, pond, lake, or similar water- 7 way with any of the Great Lakes, including Lake St. Clair, for 8 navigation or any other purpose. 9 (c) Dredge or place spoil or other material on bottomland. 10 (d) Construct a marina. 11 (2) NOTWITHSTANDING SUBSECTION (1), A PERMIT OR OTHER 12 APPROVAL IS NOT REQUIRED UNDER THIS ACT FOR BEACH MAINTENANCE 13 ACTIVITIES. 07969'02 Final page. JCB