HOUSE BILL NO. 6412

September 22, 2022, Introduced by Rep. Paquette and referred to the Committee on Natural Resources and Outdoor Recreation.

"Natural resources and environmental protection act,"

by amending sections 80159, 80162, and 80198b (MCL 324.80159, 324.80162, and 324.80198b), section 80159 as amended by 2004 PA 325, section 80162 as added by 1995 PA 58, and section 80198b as amended by 2007 PA 8.

the people of the state of michigan enact:

Sec. 80159. (1) A person shall not place a beacon, floating swim barrier, or buoy, other than a mooring buoy, in the waters of this state except as authorized by a permit issued by the department pursuant to part 13. The If it will promote safety or navigation, the department may issue a permit for the placing of buoys or beacons to place in the waters of this state any of the following:

(a) Buoys or beacons to mark obstruction obstructions to navigation, to designate bathing areas, to designate vessel anchorages, or for any other purpose. if it will promote safety or navigation.

An application for a permit shall contain information required by the department.

(b) Buoys or floating swim barriers to designate bathing areas.

(2) If buoys, floating swim barriers, or beacons are placed in the waters of this state without a permit, having been issued, the department may order their removal. If, in the judgment of the department, buoys, floating swim barriers, or beacons authorized by the department are found to be improperly placed, the reason for their placement no longer exists, or the buoys or beacons they do not conform to the uniform system of marking established by state regulation, the department may revoke the permit authorizing their placement and may order their removal. Revocation of permits and orders of removal shall be by written notice to the person placing the buoys, floating swim barriers, or beacons or to the person to whom the permit was issued at his or her the person's last known address, directing the removal within a specified time. The person to whom the notice is directed shall remove the buoys, floating swim barriers, or beacons in accordance with the instructions. as instructed. If the person fails to remove the buoys, floating swim barriers, or beacons within the specified time, the department may cause their removal, and the cost and expense of the removal shall be charged against the person authorized to place the buoys or beacons or, where authorization has not been granted, the person placing such buoys or beacons and shall be recoverable through any court of competent jurisdiction.the person is liable for the cost of removal.

Sec. 80162. A person shall not moor do either of the following:

(a) Moor or fasten a vessel to a lawfully placed buoy or beacon, floating swim barrier, or buoy, except a mooring buoys, or willfully buoy.

(b) Willfully move, remove, or damage such a buoy or a lawfully placed beacon, floating swim barrier, or buoy.

Sec. 80198b. (1) The owner or person in charge of a bathing beach maintained primarily for public use shall not knowingly permit a person an individual to bathe or swim from the bathing beach unless buoys or floating swim barriers outlining a safe bathing or swimming area are established in accordance with placed in compliance with section 80159.

(2) A person An individual who is bathing or swimming from a bathing beach maintained primarily for public use shall not bathe or swim in waters that are within 100 feet beyond the buoyed bathing or swimming area as outlined by buoys or floating swim barriers. This subsection does not apply to persons an individual swimming from an adjacent privately owned beaches that are beach that is not open to the general public.

(3) A person who violates this section is responsible for a state civil infraction and may be ordered to pay a civil fine of not more than $500.00.