SB-0282, As Passed House, June 1, 2005

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 282

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

(MCL 324.101 to 324.90106) by adding section 9115a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 9115a. (1) A residential property owner who causes the

following activities to be conducted on individual residential

property owned and occupied by him or her is not required to obtain

a permit under this part if the earth change activities do not

result in or contribute to soil erosion or sedimentation of the

waters of the state or a discharge of sediment off-site:

     (a) An earth change of a minor nature that is stabilized

within 24 hours of the initial earth disturbance.

     (b) Gardening, if the natural elevation of the area is not

raised.

     (c) Post holes for fencing, decks, utility posts, mailboxes,

or similar applications, if no additional grading or earth change

occurs for use of the post holes.

     (d) Removal of tree stumps, shrub stumps, or roots resulting

in an earth change not to exceed 100 square feet.

     (e) All of the following activities, if soil erosion and

sedimentation controls are implemented, the earth change is

stabilized within 24 hours of the initial earth disturbance, and

soil erosion or sedimentation to adjacent properties or the waters

of the state has not or will not reasonably occur:

     (i) Planting of trees, shrubs, or other similar plants.

     (ii) Seeding or reseeding of lawns of less than 1 acre if the

seeded area is at least 100 feet from the waters of the state.

     (iii) Seeding or reseeding of lawns closer than 100 feet from

the waters of the state if the area to be seeded or reseeded does

not exceed 100 square feet.

     (iv) The temporary stockpiling of soil, sand, or gravel not

greater than a total of 10 cubic yards on the property if the

stockpiling occurs at least 100 feet from the waters of the state.

     (v) Seawall maintenance that does not exceed 100 square feet.

     (2) Exemptions provided in this section shall not be construed

as exemptions from enforcement procedures under this part or the

rules promulgated under this part if the exempted activities cause

or result in a violation of this part or the rules promulgated

under this part.

     Enacting section 1. This amendatory act does not take effect

unless House Bill No. 4444 of the 93rd Legislature is enacted into

law.