HOUSE SUBSTITUTE FOR

SB-0163, As Passed House, June 13, 2013

SENATE BILL NO. 163

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 1307, 1311, 30103, 30104, 30105, 30305, 30306,

30306b, 30311, 30311a, 30311d, 30312, 30312d, 30321, and 32513 (MCL

324.1307, 324.1311, 324.30103, 324.30104, 324.30105, 324.30305,

324.30306, 324.30306b, 324.30311, 324.30311a, 324.30311d,

324.30312, 324.30312d, 324.30321, and 324.32513), section 1307 as

amended by 2012 PA 164, section 1311 as amended by 2011 PA 246,

section 30103 as amended by 2009 PA 139, section 30104 as amended

by 2013 PA 13, sections 30105 and 30311 as amended and sections

30311a, 30311d, and 30312d as added by 2009 PA 120, sections 30305,

30306, and 30312 as amended by 2012 PA 247, section 30306b as

amended by 2010 PA 180, section 30321 as amended by 1996 PA 530,

and section 32513 as amended by 2013 PA 11, and by adding sections

30101a and 30328; and to repeal acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1307. (1) By the processing deadline, the department

shall approve or deny an application for a permit. If requested by

the permit applicant, the department shall extend the processing

period for a permit by not more than 120 days, as specified by the

applicant. If requested by the permit applicant, the department may

extend the processing period beyond the additional 120 days.

However, a processing period shall not be extended under this

subsection to a date later than 1 year after the application period

ends.

(2) The approval or denial of an application for a permit

shall be in writing and shall be based upon evidence that would

meet the standards in section 75 of the administrative procedures

act of 1969, 1969 PA 306, MCL 24.275.

(3) ~~(2)~~ Approval of an application for a permit may be granted

with conditions or modifications necessary to achieve compliance

with the part or parts of this act under which the permit is

issued.

(4) ~~(3)~~ A denial of an application for a permit shall

document, and any review upholding the decision shall determine, to

the extent practical, ~~specify all of the reasons for the denial,~~

~~including both~~ all of the following:

(a) ~~The~~ That the decision is based on specific provisions of

this act or rules promulgated under this act. ~~providing the basis~~

~~for the denial.~~

(b) That the decision is based upon sufficient facts or data,

which are recorded in the file.

~~providing the basis for the denial.~~all of the following:

(i) That the decision is the product of reliable scientific

principles and methods.

(ii) That the decision has applied the principles and methods

reliably to the facts.

(5) ~~(4)~~ Except for permits described in subsection ~~(5)~~ (6), if

the department fails to satisfy the requirements of subsection (1)

with respect to an application for a permit, the department shall

pay the applicant an amount equal to 15% of the greater of the

following, as applicable:

(a) The amount of the application fee for that permit.

(b) If an assessment or other fee is charged on an annual or

other periodic basis by the department to a person holding the

permit for which the application was submitted, the amount of the

first periodic charge of that assessment or other fee for that

permit.

(6) ~~(5)~~ If the department fails to satisfy the requirements of

subsection (1) with respect to a permit required by section 11509,

11512, 30304, or 32603, the application shall be considered to be

approved and the department shall be considered to have made any

determination required for approval.

(7) ~~(6)~~ The failure of the department to satisfy the

requirements of subsection (1) or the fact that the department is

required to make a payment under subsection ~~(4)~~ (5) or is

considered to have approved a permit under subsection ~~(5)~~ (6) shall

not be used by the department as the basis for discriminating

against the applicant. If the department is required to make a

payment under subsection ~~(4)~~ (5), the application shall be

processed in sequence with other applications for the same type of

permit, based on the date on which the processing period began,

unless the director determines on an application-by-application

basis that the public interest is best served by processing in a

different order.

(8) ~~(7)~~ If the department fails to satisfy the requirements of

subsection (1) with respect to 10% or more of the applications for

a particular type of permit received during a quarter of the state

fiscal year, the department shall immediately devote resources from

that program to eliminate any backlog and satisfy the requirements

of subsection (1) with respect to new applications for that type of

permit within the next fiscal quarter.

(9) ~~(8)~~ If the department fails to satisfy the requirements of

subsection (1), the director shall notify the appropriations

committees of the senate and house of representatives of the

failure. The notification shall be in writing and shall include

both of the following:

(a) An explanation of the reason for the failure.

(b) A statement of the amount the department was required to

pay the applicant under subsection ~~(4)~~ (5) or a statement that the

department was required to consider the application to be approved

under subsection ~~(5)~~ (6), as applicable.

Sec. 1311. By December 1 each year, the director shall submit

a report to the standing committees and appropriations

subcommittees of the senate and house of representatives with

primary responsibility for issues under the jurisdiction of that

department. The department shall post the current report on its

website. The report shall include all of the following information

for each type of permit for the preceding fiscal year:

(a) The number of applications for permits the department

received.

(b) The number of applications approved, the number of

applications approved by the processing deadline, the number of

applications approved after the processing deadline, and the

average time for the department to determine administrative

completeness and to approve or disapprove applications.

applications denied by the processing deadline, and the number of

applications denied after the processing deadline.

(d) The number of applications approved or denied after the

processing deadline that, based on the director's determination of

the public interest, were not processed in sequence as otherwise

required by section ~~1307(6).~~1307(7).

(e) The number of applications that were not administratively

complete when received.

(f) The amount of money refunded and discounts granted under

section 1307.

(g) The number of applications processed as provided in

section 1309.

(h) If a department failed to satisfy the requirements of

section 1307(1) with respect to 10% or more of the applications for

a particular type of permit received during a quarter of the state

fiscal year, the type of permit and percentage of applications for

which the requirements were not met, how the department attempted

to eliminate any backlog and satisfy the requirements of section

1307(1) with respect to new applications for that type of permit

within the next fiscal quarter, and whether the department was

successful.

Sec. 30101a. For the purposes of this part, the powers,

duties, functions, and responsibilities exercised by the department

because of federal approval of Michigan's permit program under

section 404(g) and (h) of the federal water pollution control act,

33 USC 1344, apply only to "navigable waters" and "waters of the

United States" as defined under section 502(7) of the federal water

pollution control act, 33 USC 1362, and further refined by

federally promulgated rules and court decisions that have the full

effect and force of federal law. Determining whether additional

regulation is necessary to protect Michigan waters beyond the scope

of federal law is the responsibility of the Michigan legislature

based on its determination of what is in the best interest of the

citizens of this state.

Sec. 30103. (1) A permit is not required under this part for

any of the following:

(a) Any fill or structure existing before April 1, 1966, in

waters covered by former 1965 PA 291, and any fill or structures

existing before January 9, 1973, in waters covered for the first

time by former 1972 PA 346.

(b) A seasonal structure placed on bottomland to facilitate

private noncommercial recreational use of the water if it does not

unreasonably interfere with the use of the water by others entitled

to use the water or interfere with water flow.

by a riparian owner.

(d) ~~Construction or maintenance of a private agricultural~~

Maintenance of an agricultural drain, regardless of outlet, . if

all of the following requirements are met:

(i) The Maintenance includes only activities that maintain the

location, depth, and bottom width of the drain as constructed or

modified at any time before July 1, 2014.

(ii) The maintenance is performed by the landowner or pursuant

to the drain code of 1956, 1956 PA 40, MCL 280.1 to 280.630.

(e) A waste collection or treatment facility that is ordered

to be constructed or is approved for construction ~~by the department~~

under state or federal water pollution control law, if constructed

in upland.

(f) Construction and maintenance of minor drainage structures

and facilities which are identified by rule promulgated by the

department pursuant to section 30110. Before such a rule is

promulgated, the rule shall be approved by the majority of a

committee consisting of the director of the department, the

director of the department of agriculture and rural development,

and the director of the state transportation department or their

designated representatives. The rules shall be reviewed at least

annually.

(g) Maintenance ~~and improvement of all drains~~ of a drain that

either was legally established or and constructed ~~prior to~~ before

January 1, 1973, pursuant to the drain code of 1956, 1956 PA 40,

MCL 280.1 to 280.630, except those legally established drains

constituting mainstream portions of certain natural watercourses

identified in rules promulgated by the department under section

30110, or was constructed or modified under a permit issued

pursuant to this part. As used in this subdivision, "maintenance of

a drain" means the physical preservation of the location, depth,

and bottom width of a drain and appurtenant structures to restore

the function and approximate capacity of the drain as constructed

or modified at any time before July 1, 2014, and includes, but is

not limited to, the following activities if performed with best

management practices:

(i) Excavation of accumulated sediments back to original

contours.

(ii) Reshaping of the side slopes.

(iii) Bank stabilization where reasonably necessary to prevent

erosion. Materials used for stabilization must be compatible with

existing bank or bed materials.

(iv) Armoring, lining, or piping if a previously armored,

lined, or piped section is being repaired and all work occurs

within the footprint of the previous work.

(v) Replacement of existing control structures, if the

original function of the drain is not changed and the original

approximate capacity of the drain is not increased.

(vi) Repair of stabilization structures.

(vii) Culvert replacement, including culvert extensions of not

more than 24 additional feet per culvert.

(viii) Emergency reconstruction of recently damaged parts of the

drain. Emergency reconstruction must occur within a reasonable

period of time after damage occurs in order to qualify for this

exemption.

(h) Projects constructed under the watershed protection and

flood prevention act, chapter 656, 68 Stat. 666, 16 USC 1001 to

1008 and 1010.

(i) Construction and maintenance of privately owned cooling or

storage ponds used in connection with a public utility except at

the interface with public waters.

(j) Maintenance of a structure constructed under a permit

issued pursuant to this part and identified by rule promulgated

under section 30110, if the maintenance is in place and in kind

with no design or materials modification.

(k) A water withdrawal.

(l) Annual installation of a seasonal dock or docks, pilings,

mooring buoys, or other mooring structures previously authorized by

and in accordance with a permit issued under this part.

(m) Controlled access of livestock to streams for watering or

crossing if constructed in accordance with applicable practice

standards set by the United States department of agriculture,

natural resources conservation service.

(n) Temporary drawdowns of impoundments at hydroelectric

projects licensed by the federal energy regulatory commission

(FERC) and subject to FERC's authority if both of the following

apply:

(i) The FERC licensee has consulted this state during the

drawdown plan development and this state's concerns have been

addressed in the drawdown plan as FERC considers appropriate.

(ii) Adverse environmental impacts, including stream flow,

aquatic resources, and timing, have been avoided and minimized to

the extent practical.

(2) As used in this section, "water withdrawal" means the

removal of water from its source for any purpose.

(3) As used in this part, "agricultural drain" means a human-

made conveyance of water that meets all of the following

requirements:

(a) Does not have continuous flow.

(b) Flows primarily as a result of precipitation-induced

surface runoff or groundwater drained through subsurface drainage

systems.

(d) Was constructed before January 1, 1973 or was constructed

in compliance with this part or former 1979 PA 203.

Sec. 30104. (1) A person shall not undertake a project subject

to this part except as authorized by a permit issued by the

department pursuant to part 13. An application for a permit shall

include any information that may be required by the department. If

a project includes activities at multiple locations, 1 application

may be filed for the combined activities.

(2) Except as provided in subsections (3) and (4), until

October 1, 2015, an application for a permit shall be accompanied

by a an application fee based on an administrative cost in

accordance with the following schedule:

(a) For ~~activities included in a minor project category, or a~~

~~seasonal drawdown or the associated reflooding, or both, of a dam~~

~~or impoundment for the purpose of weed control, a fee of $50.00.~~

~~However, for~~ a permit for a seasonal drawdown or associated

reflooding, or both, of a dam or impoundment for the purpose of

weed control that is issued for the first time after October 9,

1995, an initial fee of $500.00 with subsequent permits for the

same purpose being assessed a $50.00 fee.

(b) For activities included in a minor project category

established under section 30105(7), a fee of $100.00.

general permit category established under section 30105(8), a fee

of $50.00. ~~fee.~~

(d) ~~(c)~~ For construction or expansion of a marina, a fee ~~of:~~as

follows:

(i) $50.00 for an expansion of 1-10 slips to an existing

permitted marina.

(ii) $100.00 for a new marina with 1-10 proposed marina slips.

(iii) $250.00 for an expansion of 11-50 slips to an existing

permitted marina, plus $10.00 for each slip over 50.

(iv) $500.00 for a new marina with 11-50 proposed marina slips,

plus $10.00 for each slip over 50.

(v) $1,500.00 if an existing permitted marina proposes

maintenance dredging of 10,000 cubic yards or more, unless the

dredge material has been determined through testing to be 90% or

more sand, or the addition of seawalls, bulkheads, or revetments of

500 feet or more.

(e) ~~(d)~~ For major projects other than a project described in

subdivision ~~(c)(~~v), (d)(v), involving any of the following, a fee of

$2,000.00:

(i) Dredging of 10,000 cubic yards or more, unless the dredge

material has been determined through testing to be 90% or more

sand.

(ii) Filling of 10,000 cubic yards or more.

(iii) Seawalls, bulkheads, or revetments of 500 feet or more.

(iv) Filling or draining of 1 acre or more of wetland

contiguous to a lake or stream.

(v) New dredging or upland boat basin excavation in areas of

suspected contamination.

(vi) Shore projections, such as groins and underwater

stabilizers, that extend 150 feet or more into a lake or stream.

(vii) New commercial docks or wharves of 300 feet or more in

length.

(viii) Stream enclosures 100 feet or more in length.

(ix) Stream relocations 500 feet or more in length.

(x) New golf courses.

(xi) Subdivisions.

(xii) Condominiums.

(f) ~~(e)~~ For the removal of submerged logs from bottomland of

an inland lake, a $500.00 fee.

(g) ~~(f)~~ For all other projects not listed in subdivisions (a)

through ~~(e),~~ (f), a fee of $500.00.

(3) A project that requires review and approval under this

part and 1 or more of the following acts or parts of acts is

subject to only the single highest ~~permit~~ fee required under this

part or the following acts or parts of acts:

(a) Section 3104.

(b) ~~(a)~~ Part 303.

(d) ~~(c)~~ Part 325.

~~(d) Section 3104.~~

(e) Section 117 of the land division act, 1967 PA 288, MCL

560.117.

(4) If work has been done in violation of a permit requirement

under this part and restoration is not ordered by the department,

the department may accept an application for a permit if the

application is accompanied by a fee equal to 2 times the permit fee

required under this section.

(5) If the department denies an application for a permit under

this part, the department shall promptly refund the application fee

paid under this section.

Sec. 30105. (1) The department shall post on its website all

of the following under this part:

(a) A list of pending applications.

(b) Public notices.

(2) The department may hold a public hearing on pending

applications.

(3) Except as otherwise provided in this section, upon

receiving an application, the department shall submit copies for

review to the director of the department of community health or the

local health department designated by the director of the

department of community health, to the city, village, or township

and the county where the project is to be located, to the local

conservation district, to the watershed council established under

part 311, if any, to the local port commission, if any, and to the

persons required to be included in the application pursuant to

section 30104(1). Each copy of the application shall be accompanied

by a statement that unless a written request is filed with the

department within 20 days after the submission for review, the

department may grant the application without a public hearing where

the project is located. The department may hold a public hearing

upon the written request of the applicant or a riparian owner or a

~~person or~~ governmental unit or other person that is entitled to

receive a copy of the application pursuant to this subsection.

(4) After completion of a project for which an application is

approved, the department may cause a final inspection to be made

and certify to the applicant that the applicant has complied with

the department's permit requirements.

(5) At least 10 days' notice of a hearing to be held under

this section shall be given by publication in a newspaper

circulated in the county where the project is to be located, to the

person requesting the hearing, and to the ~~persons and~~ governmental

units and other persons that are entitled to receive a copy of the

application pursuant to subsection (3).

(6) In an emergency, the department may issue a conditional

permit before the expiration of the 20-day period referred to in

subsection (3).

(7) After providing notice and an opportunity for a public

hearing, the department shall 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 department may act upon an application received pursuant to

section 30104 for an activity or project within a minor project

category without providing notices pursuant to subsection (3). All

other provisions of this part, except provisions applicable only to

general permits, are applicable to a minor project.

(8) The department, after notice and an opportunity for a

public hearing, shall issue general permits on a statewide basis or

within a local unit of government for projects that are similar in

nature, that will cause only minimal adverse environmental effects

when performed separately, and that will only have minimal

cumulative adverse effects on the environment. Before authorizing a

specific project to proceed under a general permit, the department

may provide notice pursuant to subsection (3) but shall not hold a

public hearing and shall not typically require a site inspection. A

general permit issued under this subsection shall not be valid for

more than 5 years. Among the activities the department may consider

for general permit eligibility under this subsection are the

following:

(a) The removal of qualifying small dams.

(b) The maintenance or repair of an existing pipeline, if the

pipeline is maintained or repaired in a manner to ensure that any

adverse effects on the inland lake or stream will be minimized.

(9) The department may issue, deny, or impose conditions on

project activities authorized under a minor project category or a

general permit if the conditions are designed to remove an

impairment to the inland lake or stream, to mitigate the effects of

the project, or to otherwise improve water quality. The department

may also establish a reasonable time when the proposed project is

to be completed or terminated.

(10) If the department determines that activity in a proposed

project, although within a minor project category or a general

permit, is likely to cause more than minimal adverse environmental

effects, the department may require that the application be

processed according to subsection (3) and reviewed for compliance

with section 30106.

(11) The department shall develop by December 31, 2013 and

maintain a general permit for activities in drains legally

established pursuant to the drain code of 1956, 1956 PA 40, MCL

280.1 to 280.630. The general permit is subject to all of the

following:

(a) The general permit shall cover installation and

replacement of culverts, clear span bridges, and end sections;

culvert extensions; drain realignments; installation of bank

stabilization structures and grade stabilization structures; spoil

placement; and other common drain activities that use best

management practices.

(b) A drain commissioner or drainage board may submit an

application for an authorization under the general permit on a

countywide basis. The department of agriculture and rural

development may submit an application for an authorization under

the general permit on behalf of an intercounty drainage board on a

drainage-district-wide basis.

the general permit by March 1 if the drain commissioner or drainage

board applies for the authorization by the preceding January 20. An

authorization under the general permit is valid until March 30 of

the year after the year in which the authorization is granted.

(d) By December 31 of each year, the drain commissioner or

drainage board shall submit a report to the department that

includes the names of the drains on which activities were performed

under the general permit during that calendar year, the locations

and nature of the activities, and plans and other documentation

demonstrating that those activities met the general permit

requirements.

(e) A drain commissioner or drainage board is not eligible to

be granted a new authorization under the general permit if

significant violations of the general permit under a previous

authorization granted to that drain commissioner or drainage board

have not been corrected.

(12) ~~(11)~~ As used in this section, "qualifying small dam"

means a dam that meets all of the following conditions:

(a) The height of the dam is less than 2 feet.

(b) The impoundment from the dam covers less than 2 acres.

Great Lakes or their connecting waterways.

(d) The dam is not serving as a sea lamprey barrier.

(e) There are no threatened or endangered species that have

been identified in the area that will be affected by the project.

(f) There are no known areas of contaminated sediments in the

area that will be affected by the project.

(g) The department has received written permission for the

removal of the dam from all riparian property owners adjacent to

the dam's impoundment.

Sec. 30305. (1) Activities that require a permit under part

325 or part 301 or a discharge that is authorized by a discharge

permit under section 3112 or 3113 do not require a permit under

this part.

(2) The following uses are allowed in a wetland without a

permit subject to other laws of this state and the owner's

regulation:

(a) Fishing, trapping, or hunting.

(b) Swimming or boating.

(d) Grazing of animals, including fencing and post placement

if the fence is designed to control livestock, does not exceed 11

feet in height, and utilizes an amount of material that does not

exceed that of a woven wire fence utilizing 6-inch vertical spacing

and posts.

(e) Farming, horticulture, silviculture, lumbering, and

ranching activities, including plowing, irrigation, irrigation

ditching, seeding, cultivating, minor drainage, harvesting for the

production of food, fiber, and forest products, or upland soil and

water conservation practices. All of the following apply for the

purposes of this subdivision:

(i) Beginning October 1, 2013, to be allowed in a wetland

without a permit, these activities shall be part of an established

ongoing farming, ranching, horticultural, or silvicultural

operation. Farming and silvicultural activities on areas lying

fallow as part of a conventional rotational cycle are part of an

established ongoing operation, unless modifications to the

hydrological regime or mechanized land clearing are necessary to

resume operation. Activities that bring into farming, ranching,

horticultural, or silvicultural use an area not in any of these

uses, or that convert an area from a forested or silvicultural use

to a farming, ranching, or horticultural use, are not part of an

established ongoing operation.

(ii) Minor drainage does not include drainage associated with

the immediate or gradual conversion of a wetland to a nonwetland,

or conversion from 1 wetland use to another. Minor drainage does

not include the construction of a canal, ditch, dike, or other

waterway or structure that drains or otherwise significantly

modifies a stream, lake, or wetland.

(iii) Wetland altered under this subdivision shall not be used

for a purpose other than a purpose described in this ~~subsection~~

section without a permit from the department.

(f) Maintenance or operation of serviceable structures in

existence on October 1, 1980 or constructed pursuant to this part

or former 1979 PA 203.

(g) Construction or maintenance of farm or stock ponds.

(h) Maintenance ~~, operation, or improvement which includes~~

~~straightening, widening, or deepening of the following which is~~

~~necessary for the production or harvesting of agricultural~~

~~products:~~

(i~~) An existing private agricultural drain.~~

(ii~~) That portion of a drain legally established pursuant to~~

~~the drain code of 1956, 1956 PA 40, MCL 280.1 to 280.630, which has~~

~~been constructed or improved for drainage purposes.~~

(~~iii~~~~) A drain constructed pursuant to other provisions of this~~

~~part or former 1979 PA 203.~~of an agricultural drain, regardless of

outlet, if all of the following requirements are met:

(i) The maintenance includes only activities that maintain the

location, depth, and bottom width of the drain as constructed or

modified at any time before July 1, 2014.

(ii) The maintenance is performed by the landowner or pursuant

to the drain code of 1956, 1956 PA 40, MCL 280.1 to 280.630.

(iii) The maintenance does not include any modification that

results in additional wetland drainage or conversion of a wetland

to a use to which it was not previously subject.

(i) Maintenance of a drain that was legally established and

constructed pursuant to the drain code of 1956, 1956 PA 40, MCL

280.1 to 280.630, if the drain was constructed before January 1,

1973 or under a permit issued pursuant to this part. As used in

this subdivision, "maintenance of a drain" means the physical

preservation of the location, depth, and bottom width of a drain

and appurtenant structures to restore the function and approximate

capacity of the drain as constructed or modified at any time before

July 1, 2014, including the placement of spoils removed from the

drain in locations along that drain where spoils have been

previously placed. Maintenance of a drain under this subdivision

does not include any modification that results in additional

wetland drainage or conversion of a wetland to a use to which it

was not previously subject.

(j) ~~(i)~~ Construction or maintenance of farm roads, forest

roads, or temporary roads for moving mining or forestry equipment,

if the roads are constructed and maintained in a manner to ~~assure~~

ensure that any adverse effect on the wetland will be ~~otherwise~~

minimized.

~~(j) Drainage necessary for the production and harvesting of~~

~~agricultural products if the wetland is owned by a person who is~~

~~engaged in commercial farming and the land is to be used for the~~

~~production and harvesting of agricultural products. Except as~~

~~otherwise provided in this part, wetland improved under this~~

~~subdivision after October 1, 1980 shall not be used for nonfarming~~

~~purposes without a permit from the department. This subdivision~~

~~does not apply to a wetland that is contiguous to a lake or stream,~~

~~or to a tributary of a lake or stream, or to a wetland that the~~

~~department has determined by clear and convincing evidence to be a~~

~~wetland that is necessary to be preserved for the public interest,~~

~~in which case a permit is required.~~

(k) Maintenance ~~or improvement~~ of public streets, highways, or

roads ~~, within the right-of-way and in such a manner as to assure~~

that meets all of the following requirements:

(i) Does not include any modification that changes the original

location or footprint.

(ii) Is done in a manner that minimizes any adverse effect on

the wetland. ~~will be otherwise minimized. Maintenance or~~

~~improvement does not include adding extra lanes, increasing the~~

~~right-of-way, or deviating from the existing location of the~~

~~street, highway, or road.~~

(l) Maintenance , or repair ~~, or operation of gas or oil~~

~~pipelines and construction of gas or oil pipelines having a~~

~~diameter of 6 inches or less, if the pipelines are constructed,~~

~~maintained, or repaired~~ of utility lines and associated support

structures that meets all of the following requirements:

(i) Is done in a manner ~~to assure~~ that minimizes any adverse

effect on the wetland. ~~will be otherwise minimized.~~

(ii) Does not include any modification to the character, scope,

or size of the originally constructed design.

(iii) Does not convert a wetland area to a use to which it was

not previously subject.

For the purposes of this subdivision and subdivision (m), "utility

line" means any pipe or pipeline used for the transportation of any

gaseous, liquid, liquescent, or slurry substance, for any purpose,

and any cable, line, or wire for the transmission for any purpose

of electrical energy, telephone or telegraph messages, or radio or

television communication.

(m) ~~Maintenance, repair, or operation of electric transmission~~

~~and distribution power lines and construction of distribution power~~

~~lines, if the distribution power lines are constructed, maintained,~~

~~or repaired~~ Installation of utility lines having a diameter of 6

inches or less using directional drilling or boring, or knifing-in,

and the placement of poles with minimal (less than 1 cubic yard)

structure support, if the utility lines and poles are installed in

a manner ~~to assure~~ that minimizes any adverse effect on the

wetland. ~~will be otherwise minimized.~~ Directional drilling or

boring under this subdivision shall meet all of the following

requirements:

(i) The top of the utility line is at least 4 feet below the

soil surface of the wetland. However, if the presence of rock

prevents the placement of the utility line at the depth otherwise

required by this subparagraph, the bottom of the utility line is

not placed higher than the top of the rock.

(ii) The entry and exit holes are located a sufficient distance

from the wetland to ensure that disturbance of the wetland does not

occur.

(iii) The operation does not result in the eruption or release

of any drilling fluids up through the ground and into the wetland

and there is an adequate plan to respond to any release of drilling

mud or other fill material.

(n) Operation or maintenance, including reconstruction of

recently damaged parts, of serviceable dikes and levees in

existence on October 1, 1980 or constructed pursuant to this part

or former 1979 PA 203.

(o) ~~Construction of iron and copper mining tailings basins and~~

~~water storage areas.~~Placement of biological residuals from

activities, including the cutting of woody vegetation or the in-

place grinding of tree stumps, performed under this section within

a wetland, if all the biological residuals originate within that

wetland.

(3) An activity in a wetland that was effectively drained for

farming before October 1, 1980 and that on and after October 1,

1980 has continued to be effectively drained as part of an ongoing

farming operation is not subject to regulation under this part.

(4) A wetland that is incidentally created as a result of 1 or

more of the following activities is not subject to regulation under

this part:

(a) Excavation ~~for mineral or~~ as part of commercial sand,

gravel, or mineral mining, if the area was not a wetland before

excavation. This exemption ~~does not include a wetland on or~~

~~adjacent to a water body of 1 acre or more in size.~~from regulation

applies until the property on which the wetland is located meets

both of the following requirements:

(i) Is no longer used for excavation as part of commercial

sand, gravel, or mineral mining.

(ii) Is being used for another purpose unrelated to excavation

as part of commercial sand, gravel, or mineral mining.

(b) Construction and operation of a water treatment pond, or

lagoon, or storm water facility in compliance with the requirements

of state or federal water pollution control ~~regulations.~~laws.

complies with the terms of the landfill construction permit and if

the diked area was not a wetland before diking.

(d) Construction of drains in upland for the sole purpose of

removing excess soil moisture from upland areas that are primarily

in agricultural use.

(e) Construction of roadside ditches in upland for the sole

purpose of removing excess soil moisture from upland.

(f) An agricultural soil and water conservation practice

designed, constructed, and maintained for the purpose of enhancing

water quality.

(5) An area that becomes contiguous to a water body created as

a result of commercial excavation for sand, gravel, or mineral

mining is not subject to regulation under this part solely because

it is contiguous to the created water body. This exemption from

regulation applies until the property on which the wetland is

located meets both of the following requirements:

(a) Is no longer used for excavation as part of commercial

sand, gravel, or mineral mining.

(b) Is being used for another purpose unrelated to excavation

as part of commercial sand, gravel, or mineral mining.

(6) ~~(5)~~ Except as provided in subsection ~~(6),~~ (7), the

following activities are not subject to regulation under this part:

~~by the state:~~

(a) Leveling of sand, removal of vegetation, grooming of soil,

or removal of debris, in an area of unconsolidated material

predominantly composed of sand, rock, or pebbles, located between

the ordinary high-water mark and the water's edge.

(b) Mowing of vegetation between the ordinary high-water mark

and the water's edge.

(7) ~~(6)~~ Subsection ~~(5)~~ (6) does not apply to lands included in

the survey of the delta of the St. Clair River, otherwise referred

to as the St. Clair flats, located within Clay township, St. Clair

county, as provided for in 1899 PA 175.

(8) As used in this part, "agricultural drain" means a human-

made conveyance of water that meets all of the following

requirements:

(a) Does not have continuous flow.

(b) Flows primarily as a result of precipitation-induced

surface runoff or groundwater drained through subsurface drainage

systems.

(d) Was constructed before January 1, 1973 or was constructed

in compliance with this part or former 1979 PA 203.

Sec. 30306. (1) Except as provided in section 30307(6), to

obtain a permit for a use or development listed in section 30304, a

person shall file an application with the department on a form

provided by the department. The application shall include all of

the following:

(a) The person's name and address.

(b) The location of the wetland.

~~development is to be made.~~

(d) A statement and appropriate drawings describing the

proposed use or development.

(e) The wetland owner's name and address.

(f) An environmental assessment of the proposed use or

development if requested by the department. The assessment shall

include the effects upon wetland benefits and the effects upon the

water quality, flow, and levels, and the wildlife, fish, and

vegetation within a contiguous lake, river, or stream.

(2) For the purposes of subsection (1), a proposed use or

development of a wetland shall be covered by a single permit

application under this part if the scope, extent, and purpose of a

use or development are made known at the time of the application

for the permit.

(3) Except as provided in subsections (4) and (5), an

application for a permit submitted under subsection (1) shall be

accompanied by the following application fee, as applicable:

(a) For a project in a category of activities for which a

general permit is issued under section 30312, a fee of

~~$100.00.~~$50.00.

(b) For activities included in a minor project category

established under section 30312(1), a fee of $100.00.

fee of $2,000.00:

(i) Filling or draining of 1 acre or more of coastal or inland

wetland.

(ii) 10,000 cubic yards or more of wetland fill.

(iii) A new golf course affecting wetland.

(iv) A subdivision affecting wetland.

(v) A condominium affecting wetland.

(d) ~~(c)~~ For all other projects, a fee of $500.00.

(4) A project that requires review and approval under this

part and 1 or more of the following is subject to only the single

highest ~~permit~~ fee required under this part or the following:

(a) Section 3104.

(b) Part 301.

(d) Part 325.

(e) Section 117 of the land division act, 1967 PA 288, MCL

560.117.

(5) If work has been done in violation of a permit requirement

under this part and restoration is not ordered by the department,

the department may accept an application for a permit if the

application is accompanied by a fee equal to twice the ~~permit~~

application fee otherwise required under this section.

(6) If the department determines that a permit is not required

under this part or denies an application for a permit under this

part, the department shall promptly refund the application fee paid

under this section.

(7) The department may issue a conditional permit before the

expiration of the 20-day period referred to in section 30307 if

emergency conditions warrant a project to protect property or the

public health, safety, or welfare.

Sec. 30306b. (1) If a preapplication meeting is requested in

writing by the landowner or another person who is authorized in

writing by the landowner, the department shall meet with the person

or his or her representatives to review a proposed project or a

proposed permit application in its entirety. The preapplication

meeting shall take place at the department's district office for

the district that includes the project site or at the project site

itself, as specified in the request.

(2) Except as provided in this subsection, the request shall

be accompanied by a fee. The fee for a preapplication meeting at

the district office is $150.00. The fee for a preapplication

meeting at the project site is $250.00 for the first acre or

portion of an acre of project area, plus $50.00 for each acre or

portion of an acre in excess of the first acre, but not to exceed a

fee of $1,000.00. However, both of the following apply:

(a) If the location of the project is a single family

residential lot that is less than 1 acre in size, there is no fee

for a preapplication meeting at the district office, and the fee

for a preapplication meeting at the project site is $100.00.

(b) There is no fee for a preapplication meeting for cranberry

and blueberry production activities, whether at the district office

or project site. ~~This subdivision does not apply on or after~~

~~October 1, 2012.~~

(3) If the person withdraws the request at least 24 hours

before the preapplication meeting, the department may agree with

the person to reschedule the meeting or shall promptly refund the

fee and need not meet as provided in this section. Otherwise, if,

after agreeing to the time and place for a preapplication meeting,

the person requesting the meeting is not represented at the

meeting, the person shall forfeit the fee for the meeting. If,

after agreeing to the time and place for a preapplication meeting,

the department is not represented at the meeting, the department

shall refund the fee and send a representative to a rescheduled

meeting to be held within 10 days after the first scheduled meeting

date.

(4) Any written agreement provided by the department as a

result of the preapplication meeting regarding the need to obtain a

permit is binding on the department for 2 years after the date of

the agreement.

~~(5) This section is repealed effective October 1, 2015.~~

Sec. 30311. (1) A permit for an activity listed in section

30304 shall not be approved unless the department determines that

the issuance of a permit is in the public interest, that the permit

is necessary to realize the benefits derived from the activity, and

that the activity is otherwise lawful.

(2) In determining whether the activity is in the public

interest, the benefit which reasonably may be expected to accrue

from the proposal shall be balanced against the reasonably

foreseeable detriments of the activity. The decision shall reflect

the national and state concern for the protection of natural

resources from pollution, impairment, and destruction. The

following general criteria shall be considered:

(a) The relative extent of the public and private need for the

proposed activity.

(b) The availability of feasible and prudent alternative

locations and methods to accomplish the expected benefits from the

activity.

effects that the proposed activity may have on the public and

private uses to which the area is suited, including the benefits

the wetland provides.

(d) The probable effects of each proposal in relation to the

cumulative effects created by other existing and anticipated

activities in the watershed.

(e) The probable effects on recognized historic, cultural,

scenic, ecological, or recreational values and on the public health

or fish or wildlife.

(f) The size of the wetland being considered.

(g) The amount of remaining wetland in the general area.

(h) Proximity to any waterway.

(i) Economic value, both public and private, of the proposed

land change to the general area.

(3) In considering a permit application, the department shall

give serious consideration to findings of necessity for the

proposed activity which have been made by other state agencies.

(4) A permit shall not be issued unless it is shown that an

unacceptable disruption will not result to the aquatic resources.

In determining whether a disruption to the aquatic resources is

unacceptable, the criteria set forth in section 30302 and

subsection (2) shall be considered. A permit shall not be issued

unless the applicant also shows either of the following:

(a) The proposed activity is primarily dependent upon being

located in the wetland.

(b) A feasible and prudent alternative does not exist.

(5) If it is otherwise a feasible and prudent alternative, an

~~area~~ a property not presently owned by the applicant which could

reasonably be obtained, utilized, expanded, or managed in order to

fulfill the basic purpose of the proposed activity may be

considered. If all of the following requirements are met, there is

a rebuttable presumption that alternatives located on property not

presently owned by the applicant are not feasible and prudent:

(a) The activity is described in section 30304(a) or (b).

(b) The activity will affect not more than 2 acres of wetland.

expansion of a single-family home and attendant features, the

construction or expansion of a barn or other farm building, or the

expansion of a small business facility.

(d) The activity is not covered by a general permit.

(6) Consideration of feasible and prudent alternatives

regarding the size of a proposed structure shall be based on the

footprint of the structure and not the square footage of the

structure.

(7) The choice of and extent of the proposed activity within a

proposed structure shall not be considered in determining feasible

and prudent alternatives.

(8) ~~(6)~~ An alternative that entails higher costs, as described

in R 281.922a(11) of the Michigan administrative code, is not

feasible and prudent if those higher costs are unreasonable. In

determining whether such costs are unreasonable, the department

shall consider both of the following:

(a) The relation of the increased cost to the overall scope

and cost of the project.

(b) Whether the projected cost is substantially greater than

the costs normally associated with the particular type of project.

Sec. 30311a. ~~(1)~~ A guideline, bulletin, interpretive

statement, or form with instructions under this part shall not be

given the force and effect of law. A guideline, bulletin,

interpretive statement, or form with instructions under this part

is not legally binding on the public or the regulated community and

shall not be cited by the department for compliance and enforcement

purposes.

~~(2) Within 1 year after the effective date of the 2009~~

~~amendatory act that added this subsection, the department shall~~

~~adopt a new guidance document for the evaluation of feasible and~~

~~prudent alternatives. The guidance document shall be consistent~~

~~with findings and recommendations of the United States~~

~~environmental protection agency's region 5 review of the program~~

~~under this part. The department shall develop the guidance document~~

~~in consultation with interested parties, including the council.~~

~~(3) Before the guidance document under subsection (2) takes~~

~~effect, the department shall not deny an application for a permit~~

~~required under section 30304 because of the availability of a~~

~~feasible and prudent alternative based solely on consideration of~~

~~statewide alternatives, higher cost, or reduced profit unless both~~

~~of the following apply:~~

~~(a) The proposed denial has been reviewed by a department~~

~~deputy director.~~

~~(b) The department has requested information from the Michigan~~

~~economic development corporation and applicable regional and local~~

~~economic development authorities relative to the project and~~

~~considered the information received.~~

~~(4) Before the guidance document under subsection (2) takes~~

~~effect, the processing period specified under section 1301 for a~~

~~permit required under section 30304 is extended if department staff~~

~~have proposed denying the permit for reasons set forth in~~

~~subsection (7). Notwithstanding section 1307(1), the extension~~

~~shall be for not more than 45 days.~~

~~(5) The department shall not file a request for rule-making~~

~~under section 39 of the administrative procedures act, 1969 PA 306,~~

~~MCL 24.239, for rules addressing the evaluation of feasible and~~

~~prudent alternatives before October 1, 2012.~~

Sec. 30311d. (1) The department may impose as a condition on

any permit, other than a general permit, under this part a

requirement for compensatory wetland mitigation. The department may

approve 1 or more of the following methods of compensatory wetland

mitigation:

(a) The acquisition of approved credits from a wetland

mitigation bank. The department shall not require a permit

applicant to provide compensatory wetland mitigation under

subdivision (b), (c), or (d) if the applicant prefers and qualifies

to use approved credits from the wetland mitigation bank to provide

required compensatory wetland mitigation under this subdivision.

(b) The restoration of previously existing wetland. The

restoration of previously existing wetland is preferred over the

creation of new wetland where none previously existed.

demonstrates that ecological conditions necessary for establishment

of a self-sustaining wetland ecosystem exist or will be created.

(d) The preservation of exceptional wetlands.

(2) If compensatory wetland mitigation under subsection

(1)(b), (c), or (d) is required, a permit applicant shall submit a

mitigation plan to the department for approval. In approving a

compensatory mitigation plan, the department shall consider how the

location and type of wetland mitigation supports the sustainability

or improvement of aquatic resources in the watershed where the

activity is permitted. The permit applicant shall provide for

permanent protection of the wetland mitigation site. The department

may accept a conservation easement to protect wetland mitigation

and associated upland.

(3) If a permittee carries out compensatory wetland mitigation

under subsection (1)(b), (c), or (d) in cooperation with public

agencies, private organizations, or other parties, the permittee

remains responsible for the compensatory wetland mitigation to the

extent otherwise provided by law.

(4) The department may require financial assurance to ensure

that compensatory wetland mitigation is accomplished as specified.

To ensure that wetland benefits are replaced by compensatory

wetland mitigation, the department may release financial assurance

only after the permit applicant or mitigation bank sponsor has

completed monitoring of the mitigation site and demonstrated

compliance with performance standards in accordance with a schedule

in the permit or mitigation banking agreement.

(5) If compensatory wetland mitigation is required, in setting

the mitigation ratio the department shall consider the method of

compensatory mitigation, the likelihood of success, differences

between the functions lost at the impacted site and the functions

expected to be produced by the compensatory mitigation project,

temporary losses of aquatic resource functions, the difficulty of

restoring or establishing the desired aquatic resource type and

functions, and the distance between the affected aquatic resource

and the mitigation site.

(6) For agricultural activities, a permit applicant may

provide for protection and restoration of the impacted site under a

conservation easement with the department as part of mitigation

requirements. A permit applicant may make a payment into the

stewardship fund, if established under subsection (7), as part of

mitigation requirements, as an alternative to providing financial

assurances required under subsection (4).

(7) The department may establish a stewardship fund in the

state treasury. The state treasurer may receive money or other

assets from any source for deposit into the fund. The state

treasurer shall direct the investment of the fund. The state

treasurer shall credit to the fund interest and earnings from fund

investments. Money in the fund at the close of the fiscal year

shall remain in the fund and shall not lapse to the general fund.

The department shall be the administrator of the fund for auditing

purposes. The department shall expend money from the fund, upon

appropriation, only to develop mitigation for impacted sites or as

an alternative to financial assurance required under subsection

(4).

(8) By 1 year after the effective date of the amendatory act

that added this subsection, the department shall submit to the

office of regulatory reform for informal review revised

administrative rules on mitigation that do all of the following:

(a) Reduce the preference for on-site mitigation.

(b) Allow flexibility in mitigation ratios for uses of

wetlands.

credits from a wetland mitigation bank are used.

(d) Allow consideration of additional ecologically beneficial

features.

(e) Allow any excess mitigation for any project to be credited

to another project as a later date.

(9) The department shall submit revised administrative rules

that encourage the development of wetland mitigation banks to the

office of regulatory reform for informal review within 1 year after

the effective date of the amendatory act that added this

subsection. The rules shall do all of the following:

(a) Enlarge mitigation bank service areas. However, a service

area shall be located within the same watershed or ecoregion as the

permitted project or activity, ensure no net loss of the wetland

resources, and protect the predominant wetland functions of the

service area. The department shall consider enlarging the size of

ecoregions for mitigation bank service areas.

(b) Allow earlier release of credits if the benefits of a

mitigation bank have been properly established and the credits are

revocable or covered by a financial assurance.

wetland restoration opportunities do not exist, if an unacceptable

disruption of the aquatic resources will not result.

(10) The department shall establish a wetland mitigation bank

funding program under part 52 that provides grants and loans to

eligible municipalities for the purposes of establishing mitigation

banks.

Sec. 30312. (1) After providing notice and an opportunity for

a public hearing, the department shall establish minor project

categories of activities 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 department may act upon an application received pursuant to

section 30306 for an activity within a minor project category

without holding a public hearing or providing notice pursuant to

section 30307(1) or (3). A minor project category shall not be

valid for more than 5 years, but may be reestablished. All other

provisions of this part, except provisions applicable only to

general permits, are applicable to a minor project.

(2) The department, after notice and opportunity for a public

hearing, shall issue general permits on a statewide basis or within

a local unit of government for a category of activities if the

department determines that the activities are similar in nature,

will cause only minimal adverse environmental effects when

performed separately, and will have only minimal cumulative adverse

effects on the environment. A general permit shall be based on the

requirements of this part and the rules promulgated under this

part, and shall set forth the requirements and standards that shall

apply to an activity authorized by the general permit. A general

permit shall not be valid for more than 5 years, but may be

reissued.

(3) Before authorizing a specific project to proceed under a

general permit, the department may provide notice pursuant to

section 30307(3) but shall not hold a public hearing and shall not

typically require a site inspection. The department shall issue an

authorization under a general permit if the conditions of the

general permit and the requirements of section 30311 are met.

However, in determining whether to issue an authorization under a

general permit, the department shall not consider off-site

alternatives to be feasible and prudent alternatives.

(4) If the department determines that activity in a proposed

project, although within a minor project category or a general

permit, is likely to cause more than minimal adverse effects on

aquatic resources, including high-value aquatic habitats, the

department may require that the application be processed under

section 30307.

(5) The department shall coordinate general permit and minor

project categories under this part and parts 301 and 325 and may

develop and maintain new general permit and minor project

categories consistent with nationwide permits, as appropriate. The

department may alter the scope of the activities covered under

general permit and minor project categories corresponding to

nationwide permits if any adverse environmental effects will be

minimal.

(6) The department shall develop by October 1, 2013 and

maintain a general permit for alteration of wetland for blueberry

farming that includes minimal drainage and earth moving if all of

the following requirements are met:

(a) The wetland will be restored when farming activities in

the wetland cease.

(b) The farmed wetland is placed under conservation easement

protection until the wetland is restored when farming activities

cease.

prohibited.

(d) Roads, ditches, reservoirs, pump houses, and secondary

support facilities for shipping, storage, packaging, parking, and

similar purposes are prohibited unless authorized under section

30305.

(7) By December 31, 2013, the department shall propose new

general permits or minor project categories for conversion of

wetland to blueberry farming or other agriculture that includes

more than minimal drainage or earth moving.

Sec. 30312d. (1) The department shall develop a program to

facilitate ecologically responsible voluntary wetland restoration

and enhancement projects in coordination with state, federal,

tribal, and nongovernmental groups specializing in wetland

restoration and conservation. The program shall include, but not be

limited to, enhancing coordination, consistency, and operational

procedures and improving and streamlining the permitting process,

to facilitate a net gain in wetland quantity, quality, or both.

(2) The department shall develop a blueberry production

assistance program to provide wetland delineation and

preapplication services and assistance with avoidance and

minimization. The department shall coordinate this program with the

department of agriculture and rural development. The department

shall also provide education and outreach on wetland regulations

and agricultural activities and assist interested parties with the

development of wetland mitigation banks for the purpose of

providing required compensatory mitigation for agricultural

impacts.

Sec. 30321. (1) The department shall make or cause to be made

a preliminary inventory of all wetland in this state on a county by

county basis and file the inventory with the agricultural extension

office, register of deeds, and county clerk.

(2) At least 2 hearings shall be held in each state planning

and development region created by Executive Directive No. 1973-1.

The hearing shall be held by the department after publication and

due notice so that interested parties may comment on the inventory.

After the hearings, the department shall issue a final inventory,

which shall be sent to and kept by the agricultural extension

office, register of deeds, and county clerk. Legislators shall

receive an inventory of a county or regional classification for

their districts including both preliminary and final inventories

unless the legislators request not to receive the materials.

(3) ~~Before an inventory is made of a county, a~~ A person who

owns or leases a parcel of property ~~located in that county~~ may

request that the department of environmental quality assess whether

the parcel of property or a portion of the parcel is wetland. The

request shall satisfy all of the following requirements:

(a) Be made on a form provided by the department.

(b) Be signed by the person who owns or leases the property.

portion of the parcel is to be assessed, a description of the

portion to be assessed.

(d) Include a map showing the location of the parcel.

(e) Grant the department or its agent permission to enter on

the parcel for the purpose of conducting the assessment.

(4) The department shall assess the parcel within a reasonable

time after the request is made. The department may enter upon the

parcel to conduct the assessment. Upon completion of the

assessment, the department shall provide the person with a written

assessment report. The assessment report shall do all of the

following:

(a) Identify in detail the location of any wetland in the area

assessed.

(b) If wetland is present in the area assessed, describe the

types of activities that require a permit under this part.

or part of the area assessed is not wetland, state that the

department lacks jurisdiction under this part as to the area that

the report determines is not wetland and that this determination is

binding on the department for 3 years from the date of the

assessment.

(d) Contain the date of the assessment.

(e) Advise that the person may request the department to

reassess the parcel or any part of the parcel that the person

believes was erroneously determined to be wetland if the request is

accompanied by evidence pertaining to wetland vegetation, soils, or

hydrology that is different from or in addition to the information

relied upon by the department.

(f) Advise that the assessment report does not constitute a

determination of wetland that may be regulated under local

ordinance or wetland areas that may be regulated under federal law

and advise how a determination of wetland areas regulated under

federal law may be obtained.

(g) List regulatory programs that may limit land use

activities on the parcel, advise that the list is not exhaustive,

and advise that the assessment report does not constitute a

determination of jurisdiction under those programs. The regulatory

programs listed shall be those under the following parts:

(i) Part 31, with respect to floodplains and floodways.

(ii) Part 91.

(iii) Part 301.

(iv) Part 323.

(v) Part 325.

(vi) Part 353.

(5) A wetland is not contiguous to the Great Lakes or Lake St.

Clair, an inland lake or pond, or a river or stream if the

department determines that there is no direct physical contact and

no surface water or interflowing groundwater connection to such a

body of water. A person may request that, as part of an assessment,

the department make a determination whether a wetland is not

contiguous. The department shall make the determination in writing

within 30 days after an on-site evaluation.

(6) The department shall not consider an agricultural drain,

as defined in section 30305, in determining whether a wetland is

contiguous to the Great Lakes or Lake St. Clair, an inland lake or

pond, or a river or stream.

(7) A drainage structure such as a culvert, ditch, or channel,

in and of itself, is not a wetland. A temporary obstruction of

drainage, in and of itself, is not a wetland until the presence of

water is of sufficient frequency and duration to be identified as

wetland pursuant to section 30301(2).

(8) ~~(5)~~ A person may request the department to reassess any

area assessed under subsections (3) and (4) that the person

believes the department erroneously determined to be wetland. The

requirements of subsections (3) and (4) apply to the request,

assessment, and assessment report. However, the request shall be

accompanied by evidence pertaining to wetland vegetation, soils, or

hydrology that is different from or in addition to the information

relied upon by the department. The assessment report shall not

contain the information required by subsection (4)(e).

(9) ~~(6)~~ If an assessment report determines that the area

assessed or part of the area assessed is not a wetland regulated by

the department under this part, then the area determined by the

assessment report not to be a wetland is not a wetland regulated by

the department under this part for a period of 3 years after the

date of the assessment.

(10) ~~(7)~~ The department may charge a fee for an assessment

requested under subsection (3) based upon the cost to the

department of conducting an assessment.

(11) There shall be no fee for an assessment under the

blueberry production assistance program.

(12) The department shall, upon request of the applicant and

without charge, provide to the applicant a copy of any delineation

forms completed by the department associated with a permit

application.

Sec. 30328. For the purposes of this part, the powers, duties,

functions, and responsibilities exercised by the department because

of federal approval of Michigan's permit program under section

404(g) and (h) of the federal water pollution control act, 33 USC

1344, apply only to "navigable waters" and "waters of the United

States" as defined under section 502(7) of the federal water

pollution control act, 33 USC 1362, and further refined by

federally promulgated rules and court decisions that have the full

effect and force of federal law. Determining whether additional

regulation is necessary to protect Michigan waters beyond the scope

of federal law is the responsibility of the Michigan legislature

based on its determination of what is in the best interest of the

citizens of this state.

Sec. 32513. (1) To obtain a permit for any work or connection

specified in section 32512, a person shall file an application with

the department on a form provided by the department. The

application shall include all of the following:

(a) The name and address of the applicant.

(b) The legal description of the lands included in the

project.

(d) A map or diagram showing the proposal on an adequate scale

with contours and cross-section profiles of any waterway to be

constructed.

(e) Other information required by the department.

(2) Except as provided in subsections (3) and (4), until

October 1, 2015, an application for a permit under this section

shall be accompanied by the following fee, as applicable:

(a) For a project in a category of activities for which a

general permit is issued under section 32512a, a fee of

~~$100.00.~~$50.00.

(b) For activities included in a minor project category

established under section 32512a(1), a fee of ~~$50.00.~~$100.00.

(i) $50.00 for an expansion of 1-10 slips to an existing

permitted marina.

(ii) $100.00 for a new marina with 1-10 proposed marina slips.

(iii) $250.00 for an expansion of 11-50 slips to an existing

permitted marina, plus $10.00 for each slip over 50.

(iv) $500.00 for a new marina with 11-50 proposed marina slips,

plus $10.00 for each slip over 50.

(v) $1,500.00 if an existing permitted marina proposes

maintenance dredging of 10,000 cubic yards or more, unless the

dredge material has been determined through testing to be 90% or

more sand, or the addition of seawalls, bulkheads, or revetments of

500 feet or more.

(d) For major projects other than a project described in

subdivision (c)(v), involving any of the following, a fee of

$2,000.00:

(i) Dredging of 10,000 cubic yards or more, unless the dredge

material has been determined through testing to be 90% or more

sand.

(ii) Filling of 10,000 cubic yards or more.

(iii) Seawalls, bulkheads, or revetment of 500 feet or more.

(iv) Filling or draining of 1 acre or more of coastal wetland.

(v) New dredging or upland boat basin excavation in areas of

suspected contamination.

(vi) New breakwater or channel jetty.

(vii) Shore protection, such as groins and underwater

stabilizers, that extend 150 feet or more on Great Lakes

bottomlands.

(viii) New commercial dock or wharf of 300 feet or more in

length.

(e) For all other projects not listed in subdivisions (a) to

(d), $500.00.

(3) A project that requires review and approval under this

part and 1 or more of the following is subject to only the single

highest permit fee required under this part or the following:

(a) Section 3104.

(b) ~~(a)~~ Part 301.

(d) ~~(c)~~ Part 323.

~~(d) Section 3104.~~

(e) Section 117 of the land division act, 1967 PA 288, MCL

560.117.

Senate Bill No. 163 (H-3) as amended June 12, 2013

(4) If work has been done in violation of a permit requirement

under this part and restoration is not ordered by the department,

the department may accept an application for a permit if the

application is accompanied by a fee equal to 2 times the permit fee

otherwise required under this section.

(5) The department shall forward all fees collected under this

section to the state treasurer for deposit into the land and water

management permit fee fund created in section 30113.

Enacting section 1. Section 30325 of the natural resources and

environmental protection act, 1994 PA 451, MCL 324.30325, is

repealed.

[Enacting section 2. Part 303 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.30301 to 324.30327, is repealed effective 160 days after the effective date, as published in the federal register, of an order by the administrator of the United States environmental protection agency under 40 CFR 233.53(c)(8)(vi) withdrawing approval of the state program under 33 USC 1344(g) and (h).]