SB-0282, As Passed Senate, March 24, 2005

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 sections 9115a and 9115b.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 9115a. A residential property owner who causes the

following activities to be conducted on his or her individual

residential property is not required to obtain a permit under this

part if the earth change activities do not result in a discharge of

sediment to 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.

     (d) Normal and customary residential landscaping including all

of the following:

     (i) Planting of trees, shrubs, and other vegetation.

     (ii) Seeding or reseeding of lawns 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.

     (e) Stockpiling of soil, sand, or gravel not greater than 10

cubic yards if the stockpiling occurs at least 100 feet from the

waters of the state.

     Sec. 9115b. (1) The department may issue general permits for

specific categories of projects that are not otherwise exempt from

permit requirements under this part and that have minimal risks of

adverse impacts on the waters of the state, including all of the

following:

     (a) Landscaping.

     (b) Minor household maintenance.

     (c) Minor soil stabilization activities.

     (d) Seawall maintenance.

     (2) The department shall develop criteria that define the

projects that qualify for each general permit under this section.

The criteria shall consider the type of project, the area of the

earth change, and the distance from the waters of the state. The

department shall also develop conditions in each general permit

that protect the waters of the state from soil erosion and

sedimentation.

     (3) The department shall provide application forms for

certificates of coverage for each general permit issued under this

section.

     (4) An individual who desires to conduct activities authorized

by a general permit shall submit an application for a certificate

of coverage to the county enforcing agency or municipal enforcing

agency, as appropriate. A county enforcing agency or municipal

enforcing agency may, after receipt of an application for a

certificate of coverage for a project covered by a general permit,

issue a certificate of coverage if the project meets the criteria

developed under subsection (2).

     (5) A county enforcing agency or a municipal enforcing agency

may waive fees for a certificate of coverage or may charge a fee,

not to exceed the administrative costs to the agency to issue the

certificate of coverage, for a general permit under this section.