September 6, 2006, Introduced by Reps. Gillard, Miller, Cushingberry, Polidori, Bennett, Sheltrown, Lemmons, Jr., Ball, Condino, Mayes, Kathleen Law, Kahn and Lemmons, III and referred to the Committee on Local Government and Urban Policy.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 30106 (MCL 324.30106), as added by 1995 PA 59,
and by adding section 30106a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
30106. (1) The Subject
to subsection (2), the
department shall issue a permit if it finds that the structure or
project will not adversely affect the public trust or riparian
rights. In passing upon an application, the department shall
consider the possible effects of the proposed action upon the
inland lake or stream and upon waters from which or into which its
waters flow and the uses of all such waters, including uses for
recreation, fish and wildlife, aesthetics, local government,
agriculture, commerce, and industry. The department shall not grant
a permit if the proposed project or structure will unlawfully
impair or destroy any of the waters or other natural resources of
the state. This part does not modify the rights and
responsibilities of any riparian owner to the use of his or her
riparian water. A permit shall specify that a project completed in
accordance with this part shall not cause unlawful pollution as
defined by part 31.
(2) The department shall issue a permit under this part for a
marina if all of the following conditions are met:
(a) The applicant is a local unit of government and the
location of the marina is a road end under the jurisdiction of the
local unit of government that provides public access to an inland
lake or stream.
(b) The local unit of government is applying for the marina
permit for the purpose of constructing, installing, or maintaining
a seasonal dock.
(c) The local unit of government has adopted an ordinance in
compliance with section 30106a.
Sec. 30106a. (1) A local unit of government may adopt an
ordinance, subject to the permit requirement under section 30106,
that authorizes a marina at a road end under the jurisdiction of
the local unit of government.
(2) An ordinance adopted under subsection (1) shall provide
for all of the following:
(a) Not more than 1 nonexclusive public dock shall be allowed
at the end of any public lateral road and the local unit of
government shall specify the exact location of the dock to ensure
that the dock remains within the right-of-way of the road as
extended into the waters of the inland lake or stream and does not
encroach onto or over the riparian bottomland of adjacent property.
(b) The dock shall not be installed prior to May 1 and shall
be removed not later than September 30 of each year.
(c) The dock shall not exceed 250 feet in length.
(d) The dock shall be not more than 4 feet in width or the
width required by state or federal law, whichever is greater.
(e) The dock shall be constructed with an inverted "L" or a
"T" design at the end of the dock to allow access for law
enforcement or emergency personnel.
(f) The length of the dock shall not unreasonably interfere
with the safety and navigability of the waters of the inland lake
or stream.
(g) The augering or driving of any boat mooring post or the
placement of any permanent or seasonal boat anchoring device, other
than a permitted boat hoist, within the area of any public lateral
road as extended into the inland lake or stream shall be
prohibited.
(h) The construction, installation, or maintenance of boat
hoists on the road end and in the adjacent waters to establish
seasonal overnight mooring or docking of unoccupied vessels,
including, but not limited to, all of the following requirements:
(i) Lateral road-end hoists shall be placed in a uniform
straight line running away from and parallel to the shoreline in
such a manner as to assure that the hoist and associated moored
watercraft remain within the right-of-way of the public road as
extended into the waters of the inland lake or stream. The
ordinance shall require that, when moored in its hoist, a
watercraft not encroach onto or over the riparian bottomland of
adjacent property.
(ii) Lateral road-end hoists shall be placed a minimum of 20
feet offshore and shall not unreasonably interfere with the
ingress, egress, safety, and navigability of the waters of the
inland lake or stream. A hoist shall not be located farther than
200 feet offshore.
(iii) Boat hoists shall not be placed along the lakeward edge of
the inverted "L" or "T" at the end of the dock.
(i) A lateral road terminating at the water's edge of the
inland lake or stream shall not be altered, improved, or maintained
in any manner without first obtaining a land use permit from the
local unit of government on the desired activity. The provisions
may require that additional permits be obtained from the county
road commission or drain commission.
(j) Provisions for violations consistent with subsection (4).
(3) An ordinance adopted under subsection (1) may include the
following:
(a) Provisions for the marina to be subcontracted from the
local unit of government to a local neighborhood association or
civic group.
(b) Provisions that any individual or group of individuals
subcontracted by the local unit of government to construct,
install, maintain, operate, and remove a dock according to the
ordinance assumes any liability for the dock and spurs or hoists if
attached and agrees by the erection of the dock to hold the local
unit of government and its officials harmless from any liability
for the dock.
(c) A requirement that any individual or group of individuals
erecting a dock according to the ordinance shall, before receiving
a permit and installing the dock, provide to the clerk of the local
unit of government proof of liability insurance in an amount of at
least $1,000,000.00 per incident, with the local unit of government
named as an additional insured.
(4) A person who violates an ordinance adopted under this
section is responsible for a state civil infraction and may be
ordered to pay a fine of not more than $500.00.