RESTRICT FEES FOR SOIL EROSION

AND SEDIMENTATION CONTROL

House Bill 5055

Sponsor:  Rep. Chris Ward

Committee:  Land Use and Environment

Complete to 7-6-04

A SUMMARY OF HOUSE BILL 5055 AS INTRODUCED 9-23-04

House Bill 5055 would amend the Natural Resources and Environmental Protection Act to specify that a permit issued to a developer of land allowing him or her to undertake an ‘earth change’ (regulated under either this state law, or a local ordinance by soil erosion and sedimentation control plans) could be transferred to the owner of the land on which the ‘earth change’ had been made, prior to the closing of the term of the permit.  The bill specifies that no fee could be charged for this transfer.

In addition, the bill would amend three sections of the act to prohibit a municipality, a county board of commissioners, or the Department of Environmental Quality from requiring a person to pay a fee associated with the local unit’s efforts to provide soil erosion and sedimentation control, unless an earth change permit was required under section 9112 of the act (as amended, above), or, in the case of municipalities, unless an earth change permit was required under an ordinance.

MCL 324.9105, 324.9106, and 324.9112

                                                                                           Legislative Analyst:  J. Hunault

■ This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.