HB-4604, As Passed House, January 13, 2016HB-4604, As Passed Senate, December 16, 2015

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4604

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 9115a (MCL 324.9115a), as added by 2005 PA 56.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 9115a. (1) Notwithstanding any other provision of this

part, a person is not required to obtain a permit from a county or

municipal enforcing agency for earth changes associated with the

following agricultural practices if the earth change activities do

not result in or contribute to soil erosion or sedimentation of the

waters of the state or a discharge of sediment off-site:

     (a) The construction, maintenance, or removal of fences and

fence lines.

     (b) The removal of tree or shrub stumps or roots.

     (c) The installation of drainage tile, irrigation, or

electrical lines.

     (d) The construction or maintenance of 1 or more ponds that

meet all of the following:

     (i) The earth change associated with the construction or

maintenance is less than 5 acres.

     (ii) The earth change associated with the construction or

maintenance does not result in a discharge of storm water into the

waters of the state.

     (iii) The earth change associated with the construction or

maintenance is not part of a larger plan of development. As used in

this subparagraph, "larger plan of development" means a contiguous

area where multiple separate and distinct construction activities

are occurring under a single plan as identified in documentation or

physical demarcation indicating where construction activities may

occur.

     (2) (1) A Notwithstanding any other provision of this part, a

residential property owner who causes the following activities to

be conducted on individual residential property owned and occupied

by him or her is not required to obtain a permit under this part if

the earth change activities do not result in or contribute to soil

erosion or sedimentation of 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, if no additional grading or earth change

occurs for use of the post holes.

     (d) Removal of tree stumps, shrub stumps, or roots resulting

in an earth change not to exceed 100 square feet.

     (e) All of the following activities, if soil erosion and

sedimentation controls are implemented, the earth change is

stabilized within 24 hours of the initial earth disturbance, and

soil erosion or sedimentation to adjacent properties or the waters

of the state has not or will not reasonably occur:

     (i) Planting of trees, shrubs, or other similar plants.

     (ii) Seeding or reseeding of lawns of 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.

     (iv) The temporary stockpiling of soil, sand, or gravel not

greater than a total of 10 cubic yards on the property if the

stockpiling occurs at least 100 feet from the waters of the state.

     (v) Seawall maintenance that does not exceed 100 square feet.

(3) (2) Exemptions provided in this section shall not be

construed as exemptions from enforcement procedures under this part

or the rules promulgated under this part if the exempted activities

cause or result in a violation of this part or the rules

promulgated under this part.

     Enacting section 1. This amendatory act takes effect 30 days

after the date it is enacted into law.