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HB-6164, As Passed Senate, September 20, 2006

SUBSTITUTE FOR

HOUSE BILL NO. 6164

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 30307 (MCL 324.30307), as amended by 2004 PA

325.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 30307. (1) Within 60 days after receipt of the completed

application and fee, the department may hold a hearing. If a

hearing is held, it shall be held in the county where the wetland

to which the permit is to apply is located. Notice of the hearing

shall be made in the same manner as for the promulgation of rules

under the administrative procedures act of 1969, 1969 PA 306, MCL

24.201 to 24.328. The department may approve or disapprove a permit

application without a public hearing unless a person requests a

hearing in writing within 20 days after the mailing of notification

of the permit application as required by subsection (3) or unless

the department determines that the permit application is of

significant impact so as to warrant a public hearing.

(2) The action taken by the department on a permit application

under this part and part 13 may be appealed pursuant to the

administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

24.328. A property owner may, after exhaustion of administrative

remedies, bring appropriate legal action in a court of competent

jurisdiction.

(3) A person who desires notification of pending permit

applications may make a written request to the department

accompanied by an annual fee of $25.00, which shall be credited to

the general fund of the state. The department shall prepare a

biweekly list of the applications made during the previous 2 weeks

and shall promptly mail copies of the list for the remainder of the

calendar year to the persons who requested notice. The biweekly

list shall state the name and address of each applicant, the

location of the wetland in the proposed use or development,

including the size of both the proposed use or development and of

the wetland affected, and a summary statement of the purpose of the

use or development.

(4) A local unit of government may regulate wetland within its

boundaries, by ordinance, only as provided under this part. This

subsection is supplemental to the existing authority of a local

unit of government. An ordinance adopted by a local unit of

government pursuant to this subsection shall comply with all of the

following:

(a) The ordinance shall not provide a different definition of

wetland than is provided in this part, except that a wetland

ordinance may regulate wetland of less than 5 acres in size.

(b) If the ordinance regulates wetland that is smaller than 2

acres in size, the ordinance shall comply with section 30309.

(d) The ordinance shall not require a permit for uses that are

authorized without a permit under section 30305, and shall

otherwise comply with this part.

(5) Each local unit of government that adopts an ordinance

regulating wetlands under subsection (4) shall notify the

department.

(6) A local unit of government that adopts an ordinance

regulating wetlands shall use an application form supplied by the

department, and each person applying for a permit shall make

application directly to the local unit of government. Upon receipt,

the local unit of government shall forward a copy of each

application along with any state fees that may have been submitted

under section 30306 to the department. The department shall begin

reviewing the application as provided in this part. The local unit

of government shall review the application pursuant to its

ordinance and shall modify, approve, or deny the application within

90 days after receipt. If a ~~municipality~~ local unit of government

does not approve or disapprove the permit application within the

time period provided by this subsection, the permit application

shall be considered approved, and the ~~municipality~~ local unit of

government shall be considered to have made the determinations as

listed in section 30311. The denial of a permit shall be

accompanied by a written statement of all reasons for denial. The

failure to supply complete information with a permit application

may be reason for denial of a permit. ~~The~~ If requested, the

department shall inform ~~any interested~~ a person whether or not a

local unit of government has an ordinance regulating wetlands. If

the department receives an application with respect to a wetland

located in a local unit of government that has an ordinance

regulating wetlands, the department immediately shall forward the

application to the local unit of government, which shall modify,

deny, or approve the application under this subsection. The local

unit of government shall notify the department of its decision. The

department shall proceed as provided in this part.

(7) If a local unit of government does not have an ordinance

regulating wetlands, the department shall promptly send a copy of

the permit application to the local unit of government where the

wetland is located. The local unit of government may review the

application; may hold a hearing on the application; ~~and~~ may

recommend approval, modification, or denial of the application to

the department or may notify the department that the local unit of

government declines to make a recommendation. The ~~recommendations~~

recommendation of the local unit of government, if any, shall be

made and returned to the department at any time within 45 days

after the local unit of government's receipt of the permit

application.

(8) In addition to the requirements of subsection (7), the