SMALL DAM REMOVAL PERMIT

Senate Bill 1040 as passed by the Senate

Sponsor:  Sen. Patricia L. Birkholz

House Committee:  Natural Resources, Great Lakes, Land Use, and Environment

Senate Committee:  Natural Resources and Environmental Affairs

Complete to 4-19-06

A SUMMARY OF SENATE BILL 1040 AS PASSED BY THE SENATE 2-21-06

Senate Bill 1040 would amend Part 301 (Inland Lakes and Streams) of the Natural Resources and Environmental Protection Act to authorize the Department of Environmental Quality (DEQ) to issue permits for the removal of small dams that meet specified criteria.

Following notice and an opportunity for a public hearing, the DEQ could issue a general permit on a statewide basis or within a local unit of government for projects for the removal of qualifying small dams that were similar in nature, that would cause only minimal adverse environmental effects when performed separately, and that would have only minimal cumulative adverse effect on the environment.

A general permit would be valid for up to five years. The DEQ could impose conditions on the authorized removal of a small dam if the conditions were designed to remove an impairment to the lake or stream. The DEQ also could establish a reasonable time when the proposed project was to be completed or terminated.  The fee for a general permit for the removal of a qualifying small damn would be $50.  (Like other application fees under Part 301, this fee would apply until October 1, 2008.)

"Dam" would be defined to mean an artificial barrier that impounds, diverts, or is designed to impound or divert water, and the term includes dikes, embankments, and appurtenant works.

"Qualifying small dam" would be defined to mean a dam that meets all of the following conditions:

·                                               The height of the dam is less than two feet.

·                                               The impoundment from the dam covers less than two acres.

·                                               The dam does not serve as the first dam upstream from the Great Lakes or their connecting waterways.

·                                               The dam is not serving as a sea lamprey barrier.

·                                               No threatened or endangered species have been identified in the area that would be affected by the project.

·                                               There are no known areas of contaminated sediments in the area that would be affected by the project.

·                                               The DEQ has received written permission for the dam's removal from all riparian property owners adjacent to the dam's impoundment.

"Height of the dam" would be defined to mean the difference in elevation measured vertically between the natural bed of an inland lake or stream at the downstream toe of the dam, or, if it is not across a stream channel or watercourse, from the lowest elevation of the downstream toe of the dam, to the design flood elevation or to the lowest point of the top of the dam, whichever is less.

In addition, the bill would require the DEQ to post on its website a list of pending applications, public notices, and public hearing schedules under Part 301.

Under Part 301, the DEQ, by rule, may establish minor project categories of activities and projects that are similar in nature and have minimal adverse environmental impact. The DEQ may act upon an application for an activity or project within a minor project category after an on-site inspection of the land and water involved without providing notices or holding a public hearing under Part 301. The bill would delete the reference to an on-site inspection.

MCL 324.30101 et al.

FISCAL IMPACT:

If these 5-year permits were issued for the estimated 100 eligible dams, $5,000 would be deposited into the Land and Water Permit Fee Fund.  These permits would not generate annual revenue to this fund.  There would be no fiscal impact on local governmental units.

                                                                                           Legislative Analyst:   Mark Wolf

                                                                                                  Fiscal Analyst:   Kirk Lindquist

■ 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.