FAILED SEAWALL: MINOR PROJECT                                                        H.B. 5107 (H-2):

                                                                                                    SUMMARY OF BILL

                                                                                      REPORTED FROM COMMITTEE

House Bill 5107 (Substitute H-2 as reported without amendment)

Sponsor:  Representative Joseph Graves

House Committee:  Natural Resources

Senate Committee:  Natural Resources, Environment and Great Lakes

CONTENT

The bill would amend Part 301 (Inland Lakes and Streams) of the Natural Resources and Environmental Protection Act to require the Department of Environmental Quality (DEQ) to develop a minor project permit category for repair or replacement of a failed seawall.  The bill would take effect 90 days after it was enacted.

Under Part 301, a person must obtain a permit from the DEQ before engaging in certain activities, such as dredging or filling bottomland, or placing a structure on bottomland.  Part 301 requires the DEQ to establish minor project categories of activities and projects that are similar in nature, have minimal adverse environmental effects when performed separately, and will have only minimal cumulative adverse effects on the environment. The DEQ may act upon a permit application for an activity or project within a minor category without providing certain required notices.  Part 301 prescribes an application fee of $100 for activities included in a minor project category.

The bill would define "seawall" as a vertically sloped wall constructed to break the force of waves and retain soil for the purpose of shore protection. "Failed seawall" would mean a seawall that has deteriorated to the point that it no longer effectively breaks the force of waves or retains soil for the purpose of shore protection, and meets either or both of the following:

-- The seawall is currently breaking the force of waves and retaining soil across a minimum of 50% of its length and there is evidence of a previous seawall along the other 50%.

-- The seawall was breaking the force of waves and retaining soil but was damaged by a single catastrophic event that occurred within the two years before the repair or replacement of the seawall.

The bill also would include a seawall in the definition of "structure".

MCL 324.30101 & 324.30105                                           Legislative Analyst:  Julie Cassidy

FISCAL IMPACT

The bill would have no fiscal impact on State or local government.

Date Completed:  3-13-14                                                     Fiscal Analyst:  Josh Sefton

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.