November 7, 2018, Introduced by Rep. Cole and referred to the Committee on Natural Resources.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 3104 (MCL 324.3104), as amended by 2015 PA 82.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3104. (1) The department is designated the state agency
to cooperate and negotiate with other governments, governmental
units, and governmental agencies in matters concerning the water
resources of the state, including, but not limited to, flood
control, beach erosion control, water quality control planning,
development, and management, and the control of aquatic nuisance
species. The department shall have control over the alterations of
natural or present watercourses of all rivers and streams in this
state
to assure ensure that the channels and the portions of the
floodplains that are the floodways are not inhabited and are kept
free and clear of interference or obstruction that will cause any
undue restriction of the capacity of the floodway. The department
may take steps as may be necessary to take advantage of any act of
congress that may be of assistance in carrying out the purposes of
this part, including the water resources planning act, 42 USC 1962
to 1962d-3, and the federal water pollution control act, 33 USC
1251
to 1387.1388.
(2) To address discharges of aquatic nuisance species from
oceangoing vessels that damage water quality, aquatic habitat, or
fish or wildlife, the department shall facilitate the formation of
a Great Lakes aquatic nuisance species coalition. The Great Lakes
aquatic nuisance species coalition shall be formed through an
agreement entered into with other states in the Great Lakes basin
to implement on a basin-wide basis water pollution laws that
prohibit the discharge of aquatic nuisance species into the Great
Lakes
from oceangoing vessels. The department shall seek to enter
into
an agreement that will become effective not later than January
1,
2007. The department shall consult with the department of
natural
resources prior to entering into this agreement. Upon
entering into the agreement, the department shall notify the
Canadian Great Lakes provinces of the terms of the agreement. The
department shall seek funding from the Great Lakes protection fund
authorized under part 331 to implement the Great Lakes aquatic
nuisance species coalition.
(3) The department shall report to the governor and to the
legislature at least annually on any plans or projects being
implemented or considered for implementation. The report shall
include requests for any legislation needed to implement any
proposed projects or agreements made necessary as a result of a
plan or project, together with any requests for appropriations. The
department may make recommendations to the governor on the
designation of areawide water quality planning regions and
organizations relative to the governor's responsibilities under the
federal
water pollution control act, 33 USC 1251 to 1387.1388.
(4) A person shall not alter a floodplain except as authorized
by a floodplain permit issued by the department pursuant to part
13.
An application for a floodplain permit shall must include
information
that may be required by the department to assess the
proposed alteration's impact on the floodplain. If an alteration
includes activities at multiple locations in a floodplain, 1
application may be filed for combined activities.
(5)
Except as otherwise provided in subsections (6), (7), and
(9),
this section, until October 1, 2019, 2024, an
application for
a
floodplain permit shall must
be accompanied by a fee of $500.00.
Until
October 1, 2019, 2024, if the department determines that
engineering computations are required to assess the impact of a
proposed floodplain alteration on flood stage or discharge
characteristics, the department shall assess the applicant an
additional $1,500.00 to cover the department's cost of review.
(6) After providing notice and an opportunity for a public
hearing, the department shall establish minor project categories of
activities within floodplains and floodplain projects that are
similar in nature, have minimal potential for causing harmful
interference when performed separately, and will have only minimal
cumulative adverse effects on the environment. All other provisions
of this part, except provisions applicable only to floodplain
general permits, are applicable to a minor project. A minor project
category shall not be valid for more than 5 years, but may be re-
established.
Until October 1, 2019, 2024, an
application for a
floodplain
permit for a minor project category shall must be
accompanied
by a fee of $100.00. Minor project categories shall be
established
by rule and shall include activities and projects that
are
similar in nature and have minimal potential for causing
harmful
interference.
(7) 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 floodplain projects that are
similar in nature, have minimal potential for causing harmful
interference when performed separately, and will have only minimal
cumulative adverse effects on the environment. A general permit
category shall not be valid for more than 5 years, but may be re-
established. Until October 1, 2024, an application for a floodplain
permit for a general permit category must be accompanied by a fee
of $50.00.
(8) By December 31, 2024, the department shall propose new
minor project and general project categories as authorized under
subsections (6) and (7).
(9) The department may issue, deny, or impose conditions on
project activities authorized under a floodplain permit for a minor
project category or a general permit category if the conditions are
designed to remove an impairment to a river and its floodplain, or
to mitigate the effects of the project. 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 floodplain minor project category or a
floodplain general permit category, is likely to cause more than
minimal adverse environmental effects, the department may require
that the application be processed according to subsection (5).
(11) (7)
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
for that work if the application is accompanied by a fee equal to 2
times
the permit fee otherwise required under subsection (5) or
(6).this section.
(12) (8)
The department shall forward fees
collected under
this section to the state treasurer for deposit in the land and
water management permit fee fund created in section 30113.
(13) (9)
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) Part 301.
(b) Part 303.
(c) Part 323.
(d) Part 325.
(e) Section 117 of the land division act, 1967 PA 288, MCL
560.117.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.