HB-4604, As Passed House, September 17, 2015
May 14, 2015, Introduced by Reps. Brett Roberts, Kelly, Pagel, Goike, Maturen, Outman, Inman, Vaupel, Canfield, Jacobsen, Sheppard, Courser, Dianda and Franz and referred to the Committee on Agriculture.
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) 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.
(2)
(1) 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 90 days
after the date it is enacted into law.