December 8, 2009, Introduced by Reps. Sheltrown and Cushingberry and referred to the Committee on Great Lakes and Environment.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 32504 (MCL 324.32504), as added by 1995 PA 59.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
32504. (1) Application An
application for a deed or lease
to unpatented lands or an agreement for use of water areas over
patented lands shall be on forms provided by the department. An
application shall include a surveyed description of the lands or
water area applied for, together with a surveyed description of the
riparian or littoral property lying adjacent and contiguous to the
lands or water area, certified to by a registered land surveyor.
The description shall show the location of the water's edge at the
time it was prepared and other information that is required by the
department. The applicant shall be a riparian or littoral owner or
owners of property touching or situated opposite the unpatented
land or water area over patented lands applied for or an occupant
of that land. The application shall include the names and mailing
addresses of all persons in possession or occupancy or having an
interest in the adjacent or contiguous riparian or littoral
property or having riparian or littoral rights or interests in the
lands or water areas applied for, and the application shall be
accompanied by the written consent of all persons having an
interest in the lands or water areas applied for in the
application.
(2) Before an application is acted upon by the department, the
applicant shall secure approval of or permission for his or her
proposed
use of such the lands or water area from any federal
agency as provided by law, the department with the advice of the
Michigan waterways commission, and the legislative body of the
local
unit or units of government within which such the land
or
water area is or will be included, or to which it is contiguous or
adjacent. A deed, lease, or agreement shall not be issued or
entered
into by the department without such these approvals or
permission. The department may also require the applicant to
furnish an abstract of title and ownership, and a 20-year tax
history on the riparian or littoral property that is contiguous or
adjacent to the lands or water area applied for, as well as on the
lands applied for, if available.
(3) Notwithstanding any other provision of this section, if an
existing structure resting on the bottomlands of the Great Lakes is
no longer being used in compliance with an unexpired or valid
permit, deed, lease, or agreement with the state or issued by the
department under this part, the local unit of government adjacent
or contiguous to the bottomlands on which the structure is located,
or a person expressly authorized by that local unit of government,
may apply for a permit, lease, or agreement for use of the
structure. An application submitted under this subsection shall
include a legal description of the land and water area that is
intended to be utilized, which may be incorporated by reference
from an earlier instrument, but need not include a survey.
Furthermore, an applicant under this subsection is not required to
provide written consent of all persons having an interest in the
land or water area subject to the intended use and is not required
to provide an abstract of title and ownership. Upon application,
the department may authorize a permit, lease, or agreement under
this subsection for a period of not more than 10 years if the
intended use during that period is minor in nature, will cause
minimal adverse environmental impacts, such as the impacts caused
by water and wind measurement, and related monitoring, sampling,
and testing activities; and will not create any additional
navigational hazards beyond those already present due to the
existing structures. A permit, lease, or agreement authorized under
this subsection shall not require the applicant to remove the
existing structures, impose any decommissioning responsibility on
the applicant for those structures, or shift any liability related
to the structures to the applicant. Decommissioning and removal
responsibility for the existing structures shall remain with the
person with whom it resided before the temporary use allowed by the
department under this subsection.
(4) (3)
The department shall require the
an applicant
for a
deed,
lease, or agreement under this section
to deposit a fee of
not
less than $50.00 for each
application filed. The fee shall
not
be less than $50.00, except that the fee for an application under
subsection (3) shall not be more than $50.00. The fee shall be
deposited with the state treasurer to the credit of the state's
general fund. If a deed, lease, or other agreement is approved by
the department, the applicant is entitled to credit for the fee
against the consideration that is paid for the deed, lease, or
other agreement.