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HB-5125, As Passed House, March 29, 2006

SUBSTITUTE FOR

HOUSE BILL NO. 5125

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 80110, 80111, and 80112 (MCL 324.80110,

324.80111, and 324.80112), as added by 1995 PA 58.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 80110. (1) The department may initiate investigations and

inquiries into the need for special rules for the use of vessels,

water skis, water sleds, aquaplanes, surfboards, or other similar

contrivances on any of the waters of this state to assure

compatibility of uses or to protect public safety. ~~If controls for~~

~~such activities are considered necessary, or changes or amendments~~

~~to or repeal of an existing local ordinance is required, a local~~

~~ordinance shall be prepared.~~ If the department receives a

resolution pursuant to section 80112, the department shall initiate

an investigation and inquiry under this subsection.

(2) The department's investigation and inquiry under

subsection (1) into whether special rules are needed on a

particular water body shall include a consideration of all of the

following:

(a) Whether the activities subject to the proposed special

rules pose any issues of safety to life or property.

(b) The profile of the water body, including local

jurisdiction, size, geographic location, and amount of vessel

traffic.

including whether there is an established lake level for the water

body.

(d) Whether any identifiable special problems or conditions

exist on the water body for the activities subject to the proposed

special rules, such as rocks, pier heads, swimming areas, public

access sites, shallow waters, and submerged obstacles.

(e) Whether the proposed special rules would unreasonably

interfere with normal navigational traffic.

(f) Whether user conflicts exist on the water body.

(g) Complaints received by local law enforcement agencies

regarding activities on the water body.

(h) The status of any accidents that have occurred on the

water body.

(i) Historical uses of the water body and potential future

uses of the water body.

(j) Whether the water body is public or private.

(k) Whether existing law adequately regulates the activities

subject to the proposed special rules.

(3) Following completion of the department's investigation and

inquiry, the department shall prepare a preliminary report that

includes the department's evaluation of the items listed in

subsection (2) and the department's preliminary recommendation as

to whether special rules are needed for the water body.

(4) Upon preparation of the preliminary report, the department

shall provide a copy of the preliminary report to the local

political subdivision that has waters subject to its jurisdiction

for which the proposed special rules are being considered and shall

schedule a public hearing in the vicinity of the water body to

gather public input on the preliminary report and the need for

special rules. Notice of a the public hearing shall be made in a

newspaper of general circulation in the area ~~in which the local~~

~~ordinance is to be imposed, amended, or repealed~~ where the water

body is located, not less than 10 calendar days before the hearing.

~~Interested~~ At the public hearing, interested persons shall be

afforded an opportunity to present their views on the ~~proposed~~

~~local ordinance~~ preliminary report and the need for special rules,

either orally or in writing.

(5) Within 90 days following the public hearing under

subsection (4), if the department determines that there is a need

for special rules for the water body, the department shall propose

a local ordinance or appropriate changes to a local ordinance. If

the department determines that there is not a need for special

rules, the department shall notify the political subdivision that

has waters subject to its jurisdiction and shall provide the

specific reasons for its determination.

(6) A determination by the department that there is not a need

for special rules for a water body may be appealed to the

commission by the political subdivision that has waters subject to

its jurisdiction. The commission shall make the final agency

decision on the need for special rules for a water body.

(7) As used in this section, "water body" includes all or a

portion of a water body.

Sec. 80111. A local ordinance proposed pursuant to section

80110 shall be submitted to the governing body of the political

subdivision in which the ~~controlled waters lie~~ water body subject

to the proposed special rules is located. Within 60 calendar days,

the governing body shall inform the department that it approves or

disapproves of the proposed local ordinance. If the required

information is not received within the time specified, the

department shall consider the proposed local ordinance disapproved

by the governing body. If the governing body disapproves the

proposed local ordinance, or if the 60-day period has elapsed

without a reply having been received from the governing body, no

further action shall be taken. If the governing body approves the

proposed local ordinance, the local ordinance shall be enacted

identical in all respects to the local ordinance proposed by the

department. After the local ordinance is enacted, the local

ordinance shall be enforced as provided for in section 80113.

Sec. 80112. Local political subdivisions that believe that

special local ordinances of the type authorized by this part are

needed on waters subject to their jurisdiction shall inform the

department and request assistance. All such requests shall be in

the form of an official resolution approved by a majority of the

governing body of the concerned political subdivision following a

public hearing on the resolution. Upon receipt of ~~such resolutions~~

a resolution under this section, the department shall proceed as

required by sections 80110 and 80111.

Enacting section 1. This amendatory act takes effect January

1, 2007.