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Michigan

Michigan Compiled Laws Annotated. Chapter 324. Natural Resources and Environmental Protection Act. Natural Resources and Environmental Protection Act. Article III. Natural Resources Management. Chapter 1. Habitat Protection. Inland Waters. Part 303. Wetland Protection

Statute Details
Printable Version
Citation: M.C.L.A. 324.30301 - 30329

Citation: MI ST 324.30301 - 30329


Last Checked by Web Center Staff: 01/2014

Summary:   These sections describe prohibited acts as well as permissible uses of land designated as wetlands. Municipal and wetland ordinances are also described.


Statute in Full:

324.30301. Definitions

324.30302. Legislative findings

324.30303. Agreement to contract for studies; identification of areas for cranberry production activities

324.30303b. Pilot program; assistance with permit applications, project impacts, and use of best management practices

324.30303d. Pilot program; assistance in development of wetland mitigation banks

324.30304. Prohibited acts

324.30304b. Permits for activities or uses in waters regulated by army corps of engineers under 33 USC § 1344; state programmatic general permits issued by corps; permits issued by department

324.30305. Permissible uses

324.30305b. Construction of cranberry beds; status as water dependent activity; demonstration of unavailability of feasible and prudent alternatives, presumptions

324.30306. Permits; applications

324.30306b. Preapplication meetings; written request; review of proposed project or permit application; place; fee; withdrawal; rescheduling; written agreements; duration of effect

324.30307. Permits; hearings; action on applications; local government ordinances; notice

324.30308. Wetland ordinances; inventory maps; hearings on use applications

324.30309. Wetland use permits for wetlands less than 2 acres in size, municipalities; disapproval; written findings

324.30310. Municipal ordinances; denial of wetland use permits; request for revaluation of fair market value, judicial review; right to institute civil proceedings

324.30311. Permits; criteria for approval

324.30311a. Guidelines, bulletins, interpretive statements, or forms with instructions; effect

324.30311b. Permits; duration; time limitations for activities under permits; conditions, generally

324.30311d. Permits; conditions, compensatory wetland mitigation

324.30312. Minor project category activities, establishment, duration; approval of projects involving minor project category activities; laws governing minor projects; issuance of permits, conditions and procedure; coordination of general permit and minor project categories

324.30312b. State general permits equivalent to nationwide permits; state general permit or minor project categories equivalent to nationwide permits

324.30312d. Program for facilitation of voluntary wetland restoration and enhancement projects

324.30313. Revocation or modification of general permits

324.30313b. Minor revisions to permits; prerequisites for making; time for approval or denial of request; fee; minor revision defined

324.30314. Information required to be furnished; entry upon premises

324.30315. Violations; order for compliance; civil actions

324.30316. Civil actions by attorney general; fines and penalties

324.30317. Fees and civil fines, disposition; expenditures, purposes, reports

324.30318. Revaluation of property

324.30319. Rules; hearings; judicial review

324.30320. Inventories of wetlands; maps, surveys

324.30321. Preliminary inventory of wetlands; hearings; wetland assessment, requirements; written assessment reports, contents; request for reassessment; fees

324.30322. Notice to property owners of change in status

324.30323. Taking without compensation

324.30325. Agreement with environmental protection agency relating to categories of discharges subject to waiver under 33 USC § 1344

324.30327. Certifications by department under 33 USC § 1341

324.30329. Wetland advisory council

 

 

324.30301. Definitions

Sec. 30301. (1) As used in this part:

(a) “Department” means the department of environmental quality.

(b) “Director” means the director of the department.

(c) “Exceptional wetland” means wetland that provides physical or biological functions essential to the natural resources of the state and that may be lost or degraded if not preserved through an approved site protection and management plan for the purposes of providing compensatory wetland mitigation.

(d) “Fill material” means soil, rocks, sand, waste of any kind, or any other material that displaces soil or water or reduces water retention potential.

(e) “Landscape level wetland assessment” means the use of aerial photographs, maps, and other remotely sensed information to predict and evaluate wetland characteristics and functions in the context of all of the following:

(i) The wetland's landscape position and hydrologic characteristics.

(ii) The surrounding landscape.

(iii) The historic extent and condition of the wetland.

(f) “Minor drainage” includes ditching and tiling for the removal of excess soil moisture incidental to the planting, cultivating, protecting, or harvesting of crops or improving the productivity of land in established use for agriculture, horticulture, silviculture, or lumbering.

(g) “Nationwide permit” means a nationwide permit issued by the United States army corps of engineers under 72 FR 11091 to 11198 (March 12, 2007), including all general conditions, regional conditions, and conditions imposed by this state pursuant to a water quality certification under section 401 of title IV of the federal water pollution control act, 33 USC 1341, or a coastal zone management consistency determination under section 307 of the coastal zone management act of 1972, 16 USC 1456.

(h) “Ordinary high-water mark” means the ordinary high-water mark as specified in section 32502. [FN1]

(i) “Person” means an individual, sole proprietorship, partnership, corporation, association, municipality, this state, an instrumentality or agency of this state, the federal government, an instrumentality or agency of the federal government, or other legal entity.

(j) “Rapid wetland assessment” means a method for generally assessing the functions, values, and condition of individual wetlands based on existing data and field indicators.

(k) “Rare and imperiled wetland” means any of the following:

(i) Great Lakes marsh.

(ii) Southern wet meadow.

(iii) Inland salt marsh.

(iv) Intermittent wetland or boggy seepage wetland.

(v) Coastal plain marsh.

(vi) Interdunal wetland.

(vii) Lakeplain wet prairie.

(viii) Lakeplain wet-mesic prairie.

(ix) Northern wet-mesic prairie.

(x) Wet-mesic prairie.

(xi) Wet prairie.

(xii) Prairie fen.

(xiii) Northern fen.

(xiv) Patterned fen.

(xv) Poor fen.

(xvi) Muskeg.

(xvii) Rich conifer swamp.

(xviii) Relict conifer swamp.

(xix) Hardwood-conifer swamp.

(xx) Northern swamp.

(xxi) Southern swamp.

(xxii) Southern floodplain forest.

(xxiii) Inundated shrub swamp.

(l) “Water dependent” means requiring access or proximity to or siting within an aquatic site to fulfill its basic purpose.

(m) “Wetland” means land characterized by the presence of water at a frequency and duration sufficient to support, and that under normal circumstances does support, wetland vegetation or aquatic life, and is commonly referred to as a bog, swamp, or marsh, and which is any of the following:

(i) Contiguous to the Great Lakes or Lake St. Clair, an inland lake or pond, or a river or stream.

(ii) Not contiguous to the Great Lakes, an inland lake or pond, or a river or stream; and more than 5 acres in size.

(iii) Not contiguous to the Great Lakes, an inland lake or pond, or a river or stream; and 5 acres or less in size if the department determines that protection of the area is essential to the preservation of the natural resources of the state from pollution, impairment, or destruction and the department has so notified the owner.

(2) The department and local units of government shall apply the technical wetland delineation standards set forth in the United States army corps of engineers January 1987 wetland delineation manual, technical report Y-87-1, and appropriate regional United States army corps of engineers supplements, in identifying wetland boundaries under this part, including, but not limited to, section 30307.[FN2]

Credits
P.A.1994, No. 451, § 30301, added by P.A.1995, No. 59, § 1, Imd. Eff. May 24, 1995. Amended by P.A.2003, No. 14, Imd. Eff. June 5, 2003; P.A.2009, No. 120, Eff. Nov. 6, 2009; P.A.2012, No. 247, Imd. Eff. July 2, 2012.

Footnotes

[FN1]  M.C.L.A. § 324.32502.
[FN1] M.C.L.A. § 324.30307.

 

324.30302. Legislative findings

Sec. 30302. (1) The legislature finds that:

     (a) Wetland conservation is a matter of state concern since a wetland of 1 county may be affected by acts on a river, lake, stream, or wetland of other counties.

     (b) A loss of a wetland may deprive the people of the state of some or all of the following benefits to be derived from the wetland:

          (i) Flood and storm control by the hydrologic absorption and storage capacity of the wetland.

          (ii) Wildlife habitat by providing breeding, nesting, and feeding grounds and cover for many forms of wildlife, waterfowl, including migratory waterfowl, and rare, threatened, or endangered wildlife species.

          (iii) Protection of subsurface water resources and provision of valuable watersheds and recharging ground water supplies.

          (iv) Pollution treatment by serving as a biological and chemical oxidation basin.

          (v) Erosion control by serving as a sedimentation area and filtering basin, absorbing silt and organic matter.

          (vi) Sources of nutrients in water food cycles and nursery grounds and sanctuaries for fish.

     (c) Wetlands are valuable as an agricultural resource for the production of food and fiber, including certain crops which may only be grown on sites developed from wetland.

     (d) That the extraction and processing of nonfuel minerals may necessitate the use of wetland, if it is determined pursuant to section 30311 [FN1] that the proposed activity is dependent upon being located in the wetland and that a prudent and feasible alternative does not exist.

(2) In the administration of this part, the department shall consider the criteria provided in subsection (1).

CREDIT(S)

P.A.1994, No. 451, § 30302, added by P.A.1995, No. 59, § 1, Imd. Eff. May 24, 1995.
[FN1] M.C.L.A. § 324.30311.


324.30303. Contract agreements for studies

Sec. 30303. (1) The department may enter into an agreement to make contracts with the federal government, other state agencies, local units of government, private agencies, or persons for the purposes of making studies for the efficient preservation, management, protection, and use of wetland resources. A study shall be available as a public record for distribution at cost as provided in section 4 of the freedom of information act, 1976 PA 442, MCL 15.234.

(2) Within 180 days after the effective date of the 2009 amendatory act that added this subsection, the commission of agriculture in consultation with the department of environmental quality shall identify at least 2,500 acres of land suitable for cranberry production activities. Priority shall be given to upland sites, sites that have been drained for agricultural use and are no longer wetland, and sites that have been drained for agricultural use and continue to be wetland. The department and the department of agriculture shall make available to the public a map of the areas identified as provided in this section. The map is for informational purposes and does not constitute a regulatory determination for purposes of this part.

(3) After 2,000 acres of sites identified under subsection (2) have been developed for cranberry production activities, at least an additional 2,500 acres shall be identified as provided in subsection (2).

CREDIT(S)

P.A.1994, No. 451, § 30303, added by P.A.1995, No. 59, § 1, Imd. Eff. May 24, 1995. Amended by P.A.2009, No. 120, Eff. Nov. 6, 2009.

APPLICATION

<For appropriation requirements upon which effectiveness of act is contingent, see P.A.2009, No. 120, § 1, Historical and Statutory Notes following M.C.L.A. § 324.1301.>

 

324.30303b. Pilot program; assistance with permit applications, project impacts, and use of best management practices-Repealed 2012

Former Text

Sec. 30303b. (1) The department shall implement a pilot program to facilitate the role of local units of government, conservation districts, nonprofit organizations, and wetland professionals in assisting persons seeking such assistance with completing permit applications, avoiding and minimizing impacts from a proposed project, using best management practices in a proposed project, and otherwise complying with this part. The goals of the pilot program include increasing the efficiency of the permitting process through better utilization of all available resources, including department staff, while protecting the wetland of this state. The pilot program shall not affect the department's authority to make regulatory decisions in any way.

(2) Within 60 days after the effective date of the amendatory act that added this section, the director shall designate at least 3 entities to participate in the pilot program, with the goal of selecting at least 1 local unit of government, 1 conservation district, and 1 nonprofit organization. A proposed designation under this subsection shall be posted on the department's website for public review and comment for at least 21 days before the designation is made.

(3) By April 1, 2012, the department and entities participating in the program under subsection (2) shall report to the council on program results and recommendations for further refining the program.

(4) This section is repealed effective October 1, 2012.

CREDIT(S)

P.A.1994, No. 451, § 30303b, added by P.A.2009, No. 120, Eff. Nov. 6, 2009.

APPLICATION

<For appropriation requirements upon which effectiveness of act is contingent, see P.A.2009, No. 120, § 1, Historical and Statutory Notes following M.C.L.A. § 324.1301.>

 

324.30303d. Pilot program; assistance in development of wetland mitigation banks- Repealed 2012

Former Text

Sec. 30303d. (1) The department shall implement a pilot program for assisting local units of government and partnering individuals or entities in the development of wetland mitigation banks. This assistance shall include, but not be limited to, supplying maps of potential wetland restoration areas for site selection, reviewing potential sites for mitigation banks, and, if the mitigation bank sponsor is a county with a population of 500,000 or more, expediting review of conceptual design plans.

(2) Within 180 days after the effective date of the amendatory act that added this section, the director shall designate 2 counties with a population of 500,000 or more. Those counties, or municipalities and partnering individuals or entities in those counties, are eligible to participate in the pilot program. A proposed designation under this subsection shall be posted on the department's website for at least 21 days before the designation is made, for public review and comment.

(3) By April 1, 2012, the department and entities participating in the program under subsection (2) shall report to the council on program results and recommendations for further refining the program.

(4) This section is repealed effective October 1, 2012.

CREDIT(S)

P.A.1994, No. 451, § 30303d, added by P.A.2009, No. 120, Imd. Eff. Oct. 15, 2009 (subject to the contingencies provided in P.A.2009, No. 120, § 1).

APPLICATION

<For appropriation requirements upon which effectiveness of act is contingent, see P.A.2009, No. 120, § 1, Historical and Statutory Notes following M.C.L.A. § 324.1301.>

 

324.30304. Prohibited acts

Sec. 30304. Except as otherwise provided in this part or by a permit issued by the department under sections 30306 to 30314 [FN1] and pursuant to part 13, [FN2] a person shall not do any of the following:

     (a) Deposit or permit the placing of fill material in a wetland.

     (b) Dredge, remove, or permit the removal of soil or minerals from a wetland.

     (c) Construct, operate, or maintain any use or development in a wetland.

     (d) Drain surface water from a wetland.

CREDIT(S)

P.A.1994, No. 451, § 30304, added by P.A.1995, No. 59, § 1, Imd. Eff. May 24, 1995. Amended by P.A.2004, No. 325, Imd. Eff. Sept. 10, 2004.

[FN1] M.C.L.A. §§ 324.30306 to 324.30314.
[FN2] M.C.L.A. § 324.1301 et seq.

 

324.30304b. Permits for activities or uses in waters regulated by army corps of engineers under 33 USC § 1344; state programmatic general permits issued by corps; permits issued by department

Sec. 30304b. (1) The department shall pursue an agreement with the United States army corps of engineers for the corps to issue state programmatic general permits under section 404(e) of title IV of the federal water pollution control act, 33 USC 1344, for activities regulated under this part in waters over which the corps retains jurisdiction under section 404(g)(1) of title IV of the federal water pollution control act, 33 USC 1344.

(2) This subsection applies beginning January 1, 2011. This subsection applies to an application for a permit under this part only if the application is for an activity or use in waters over which the corps retains jurisdiction under section 404(g)(1) of title IV of the federal water pollution control act, 33 USC 1344, and if the corps has not issued a state programmatic general permit for the activity or use. In such a case, if requested by the applicant in the application, all of the following apply:

(a) The department shall approve or deny the application for a permit under this part not more than 30 days after the corps grants or denies an application for a permit for the project under section 404(a) of title IV of the federal water pollution control act, 33 USC 1344, or by the end of the processing period otherwise provided for in section 1301, [FN1] whichever is later. If a project proposed in a permit application processed under this subsection also requires authorization under 1 or more of parts 31, 301, 315, 323, 325, or 353, [FN2] the requirements of this subdivision also apply to the department's decision under that part or parts.

(b) Subject to subsection (3), if the corps grants a permit for the project, the department shall grant a permit under this part without conditions or limitations other than those imposed by the corps unless any of the following apply:

(i) The wetland is a rare and imperiled wetland.

(ii) The wetland is regionally significant for the protection of fisheries, wildlife, or migratory birds.

(iii) The site is described in section 30309(a), (e), or (g). [FN3]

(iv) The proposed project involves a use or activity not regulated under section 404(a) of title IV of the federal water pollution control act, 33 USC 1344.

(3) The department shall inform the applicant in writing of the basis for a finding that the requirements of subsection (2)(b)(i), (ii), (iii), or (iv) are met and the specific reasons why denial of the permit or the imposition of additional conditions or limitations on the permit is consistent with this part and rules promulgated under this part.

(4) Subsections (2)(b) and (3) apply only to the department's decision under this part notwithstanding that the project proposed in the application also requires authorization under 1 or more of parts 31, 301, 315, 323, 325, and 353.

CREDIT(S)

P.A.1994, No. 451, § 30304b, added by P.A.2009, No. 120, Eff. Nov. 6, 2009.

[FN1] M.C.L.A. § 324.1301.
[FN2] M.C.L.A. §§ 324.3101 et seq., 324.30101 et seq., 324.31501 et seq., 324.32301 et seq., 324.32501 et seq., or 324.35301 et seq.
[FN3] M.C.L.A. § 324.30309.

APPLICATION

<For appropriation requirements upon which effectiveness of act is contingent, see P.A.2009, No. 120, § 1, Historical and Statutory Notes following M.C.L.A. § 324.1301.>

 

324.30305. Permissible uses

Sec. 30305. (1) Activities that require a permit under part 325[FN1] or part 301[FN2] or a discharge that is authorized by a discharge permit under section 3112 or 3113[FN3] 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.

(c) Hiking.

(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 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.[FN4]

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

(h) 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.

(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) 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 ensure that any adverse effect on the wetland will be minimized.

(k) Maintenance of public streets, highways, or roads 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.

(l) Maintenanceor repairof utility lines and associated support structures that meets all of the following requirements:

(i) Is done in a manner that minimizes any adverse effect on the wetland.

(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) 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 that minimizes any adverse effect on the wetland. 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) 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 as part of commercial sand, gravel, or mineral mining, if the area was not a wetland before excavation. This exemption 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, lagoon, or storm water facility in compliance with the requirements of state or federal water pollution control laws.

(c) A diked area associated with a landfill if the landfill 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) Except as provided in subsection (7), the following activities are not subject to regulation under this part:

(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) Subsection (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.[FN5]

(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.

(c) Serves agricultural production.

(d) Was constructed before January 1, 1973 or was constructed in compliance with this part or former 1979 PA 203.

Credits
P.A.1994, No. 451, § 30305, added by P.A.1995, No. 59, § 1, Imd. Eff. May 24, 1995. Amended by P.A.1996, No. 550, § 1, Imd. Eff. Jan. 15, 1997; P.A.2003, No. 14, Imd. Eff. June 5, 2003; P.A.2012, No. 247, Imd. Eff. July 2, 2012; P.A.2013, No. 98, Imd. Eff. July 2, 2013.

Footnotes

[FN1] M.C.L.A. § 324.32501 et seq.

[FN2] M.C.L.A. § 324.30101 et seq.

[FN3] M.C.L.A. § 324.3112 or 324.3113.

[FN4] M.C.L.A. § 281.701 et seq. (repealed).

[FN5] P.A.1899, No. 175, was superseded by P.A.1909, No. 215, which was in turn repealed by P.A.1913, No. 326. See, now, M.C.L.A. § 324.33901 et seq.

 

 

324.30305b. Construction of cranberry beds; status as water dependent activity; demonstration of unavailability of feasible and prudent alternatives, presumptions

Sec. 30305b. (1) The department shall consider construction of cranberry beds, including associated dikes and water control structures associated with dikes, such as headgates, weirs, and drop inlet structures, to be a water dependent activity.


(2) The following activities associated with cranberry operations are not considered to be water dependent:


(a) The construction of roads, ditches, reservoirs, and pump houses that are used during the cultivation of cranberries.


(b) The construction of secondary support facilities for shipping, storage, packaging, parking, and similar purposes.


(3) The demonstration by an applicant under section 30311 [FN1] that there is no feasible and prudent alternative to the construction of cranberry beds, including dikes and water control structures associated with dikes, is not subject to either of the following presumptions:


(a) That feasible and prudent alternatives that do not involve a wetland are available.


(b) That a feasible and prudent alternative that does not affect a wetland will have less adverse effects on the aquatic ecosystem.


CREDIT(S)

P.A.1994, No. 451, § 30305b, added by P.A.2009, No. 120, Eff. Nov. 6, 2009.


[FN1] M.C.L.A. § 324.30311.
APPLICATION

<For appropriation requirements upon which effectiveness of act is contingent, see P.A.2009, No. 120, § 1, Historical and Statutory Notes following M.C.L.A. § 324.1301.>

 

324.30306. Permits; applications

Sec. 30306. (1) Except as provided in section 30307(6),[FN1] to obtain a permit for a use or development listed in section 30304,[FN2] 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.

(c) A description of the wetland.

(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,[FN3] a fee of $50.00.

(b) For activities included in a minor project category established under section 30312(1), a fee of $100.00.

(c) For a major project, including any of the following, a 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) 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 fee required under this part or the following:

(a) Section 3104.[FN4]

(b) Part 301.[FN5]

(c) Part 323.[FN6]

(d) Part 325.[FN7]

(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 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.

Credits
P.A.1994, No. 451, § 30306, added by P.A.1995, No. 59, § 1, Imd. Eff. May 24, 1995. Amended by P.A.1998, No. 228, Imd. Eff. July 3, 1998; P.A.2003, No. 14, Imd. Eff. June 5, 2003; P.A.2009, No. 120, Eff. Nov. 6, 2009; P.A.2012, No. 247, Imd. Eff. July 2, 2012; P.A.2013, No. 98, Imd. Eff. July 2, 2013.

Editors' Notes
REPEAL
<P.A.2013, No. 98, § 2, provides for repeal of this section 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).>

 

Footnotes

[FN1] M.C.L.A. § 324.30307.

[FN2] M.C.L.A. § 324.30304.

[FN3] M.C.L.A. § 324.30312.

[FN4] M.C.L.A. § 324.3104.

[FN5] M.C.L.A. § 324.30101 et seq.

[FN6] M.C.L.A. § 324.32301 et seq.

[FN7] M.C.L.A. § 324.32501 et seq.

 


324.30306b. Preapplication meetings; written request; review of proposed project or permit application; place; fee; withdrawal; rescheduling; written agreements; duration of effect

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.

(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.

Credits
P.A.1994, No. 451, § 30306b, added by P.A.2006, No. 435, Imd. Eff. Oct. 5, 2006. Amended by P.A.2009, No. 120, Eff. Nov. 6, 2009; P.A.2010, No. 180, Imd. Eff. Sept. 30, 2010; P.A.2013, No. 98, Imd. Eff. July 2, 2013.

Editors' Notes
REPEAL
<P.A.2013, No. 98, § 2, provides for repeal of this section 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).>

  

324.30307. Permits; hearings; action on applications; local government ordinances; notice

Sec. 30307. (1) Within 60 days after receipt of the completed application and fee, the department may hold a hearing. If a hearing is held, it shall be held in the county where the wetland to which the permit is to apply is located. Notice of the hearing shall be made in the same manner as for the promulgation of rules under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. The department may approve or disapprove a permit application without a public hearing unless a person requests a hearing in writing within 20 days after the mailing of notification of the permit application as required by subsection (3) or unless the department determines that the permit application is of significant impact so as to warrant a public hearing.

(2) The action taken by the department on a permit application under this part and part 13 [FN1] may be appealed pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. A property owner may, after exhaustion of administrative remedies, bring appropriate legal action in a court of competent jurisdiction.

(3) A person who desires notification of pending permit applications may make a written request to the department accompanied by an annual fee of $25. 00, which shall be credited to the general fund of the state. The department shall prepare a biweekly list of the applications made during the previous 2 weeks and shall promptly mail copies of the list for the remainder of the calendar year to the persons who requested notice. The biweekly list shall state the name and address of each applicant, the location of the wetland in the proposed use or development, including the size of both the proposed use or development and of the wetland affected, and a summary statement of the purpose of the use or development.

(4) A local unit of government may regulate wetland within its boundaries, by ordinance, only as provided under this part. This subsection is supplemental to the existing authority of a local unit of government. An ordinance adopted by a local unit of government pursuant to this subsection shall comply with all of the following:

     (a) The ordinance shall not provide a different definition of wetland than is provided in this part, except that a wetland ordinance may regulate wetland of less than 5 acres in size.

     (b) If the ordinance regulates wetland that is smaller than 2 acres in size, the ordinance shall comply with section 30309. [FN2]

     (c) The ordinance shall comply with sections 30308 and 30310. [FN3]

     (d) The ordinance shall not require a permit for uses that are authorized without a permit under section 30305, [FN4] and shall otherwise comply with this part.

(5) Each local unit of government that adopts an ordinance regulating wetlands under subsection (4) shall notify the department.

(6) A local unit of government that adopts an ordinance regulating wetlands shall use an application form supplied by the department, and each person applying for a permit shall make application directly to the local unit of government. Upon receipt, the local unit of government shall forward a copy of each application along with any state fees that may have been submitted under section 30306 [FN5] to the department. The department shall begin reviewing the application as provided in this part. The local unit of government shall review the application pursuant to its ordinance and shall modify, approve, or deny the application within 90 days after receipt. If a local unit of government does not approve or disapprove the permit application within the time period provided by this subsection, the permit application shall be considered approved, and the local unit of government shall be considered to have made the determinations as listed in section 30311. [FN6] The denial of a permit shall be accompanied by a written statement of all reasons for denial. The failure to supply complete information with a permit application may be reason for denial of a permit. If requested, the department shall inform a person whether or not a local unit of government has an ordinance regulating wetlands. If the department receives an application with respect to a wetland located in a local unit of government that has an ordinance regulating wetlands, the department immediately shall forward the application to the local unit of government, which shall modify, deny, or approve the application under this subsection. The local unit of government shall notify the department of its decision. The department shall proceed as provided in this part.

(7) If a local unit of government does not have an ordinance regulating wetlands, the department shall promptly send a copy of the permit application to the local unit of government where the wetland is located. The local unit of government may review the application; may hold a hearing on the application; may recommend approval, modification, or denial of the application to the department or may notify the department that the local unit of government declines to make a recommendation. The recommendation of the local unit of government, if any, shall be made and returned to the department at any time within 45 days after the local unit of government's receipt of the permit application.

(8) In addition to the requirements of subsection (7), the department shall notify the local unit of government that the department has issued a permit under this part within the jurisdiction of that local unit of government within 15 days of issuance of the permit. The department shall enclose a copy of the permit with the notice.

CREDIT(S)

P.A.1994, No. 451, § 30307, added by P.A.1995, No. 59, § 1, Imd. Eff. May 24, 1995. Amended by P.A.1995, No. 103, § 1, Imd. Eff. June 23, 1995; P.A.1998, No. 228, Imd. Eff. July 3, 1998; P.A.2004, No. 325, Imd. Eff. Sept. 10, 2004; P.A.2006, No. 430, Imd. Eff. Oct. 5, 2006.

[FN1] M.C.L.A. § 324.1301 et seq.
[FN2] M.C.L.A. § 324.30309.
[FN3] M.C.L.A. §§ 324.30308 and 324.30310.
[FN4] M.C.L.A. § 324.30305.
[FN5] M.C.L.A. § 324.30306.
[FN6] M.C.L.A. § 324.30311.

 

324.30308. Wetland ordinances; inventory maps; hearings on use applications

Sec. 30308. (1) Prior to the effective date of an ordinance authorized under section 30307(4), [FN1] a local unit of government that wishes to adopt such an ordinance shall complete and make available to the public at a reasonable cost an inventory of all wetland within the local unit of government, except that a local unit of government located in a county that has a population of less than 100,000 is not required to include public lands on its map. A local unit of government shall make a draft of the inventory map available to the public, shall provide for public notice and comment opportunity prior to finalizing the inventory map, and shall respond in writing to written comments received by the local unit of government regarding the contents of the inventory. A local unit of government that has a wetland ordinance on December 18, 1992 has until June 18, 1994 to complete an inventory map and to otherwise comply with this part, or the local unit of government shall not continue to enforce that ordinance. Upon completion of an inventory map or upon a subsequent amendment of an inventory map, the local unit of government shall notify each record owner of property on the property tax roll of the local unit of government that the inventory maps exist or have been amended, where the maps may be reviewed, that the owner's property may be designated as a wetland on the inventory map, and that the local unit of government has an ordinance regulating wetland. The notice shall also inform the property owner that the inventory map does not necessarily include all of the wetlands within the local unit of government that may be subject to the wetland ordinance. The notice may be given by including the required information with the annual notice of the property owner's property tax assessment. A wetland inventory map does not create any legally enforceable presumptions regarding whether property that is or is not included on the inventory map is or is not a wetland.

(2) A local unit of government that adopts a wetland ordinance shall process wetland use applications in a manner that ensures that the same entity makes decisions on site plans, plats, and related matters, and wetland determinations, and that the applicant is not required to submit to a hearing on the application before more than 1 local unit of government decision making body. This requirement does not apply to either of the following:

     (a) A preliminary review by a planning department, planning consultant, or planning commission, prior to submittal to the decision making body if required by an ordinance.

     (b) An appeal process that is provided for appeal to the legislative body or other body designated to hear appeals.

CREDIT(S)

P.A.1994, No. 451, § 30308, added by P.A.1995, No. 59, § 1, Imd. Eff. May 24, 1995.

[FN1] M.C.L.A. § 324.30307.

 

324.30309. Wetland use permits for wetlands less than 2 acres in size, municipalities; disapproval; written findings

Sec. 30309. A local unit of government that has adopted an ordinance under section 30307(4) [FN1] that regulates wetland within its jurisdiction that is less than 2 acres in size shall comply with this section. Upon application for a wetland use permit in a wetland that is less than 2 acres in size, the local unit of government shall approve the permit unless the local unit of government determines that the wetland is essential to the preservation of the natural resources of the local unit of government and provides these findings, in writing, to the permit applicant stating the reasons for this determination. In making this determination, the local unit of government must find that 1 or more of the following exist at the particular site:

     (a) The site supports state or federal endangered or threatened plants, fish, or wildlife appearing on a list specified in section 36505. [FN2]

     (b) The site represents what is identified as a locally rare or unique ecosystem.

     (c) The site supports plants or animals of an identified local importance.

     (d) The site provides groundwater recharge documented by a public agency.

     (e) The site provides flood and storm control by the hydrologic absorption and storage capacity of the wetland.

     (f) The site provides wildlife habitat by providing breeding, nesting, or feeding grounds or cover for forms of wildlife, waterfowl, including migratory waterfowl, and rare, threatened, or endangered wildlife species.

     (g) The site provides protection of subsurface water resources and provision of valuable watersheds and recharging groundwater supplies.

     (h) The site provides pollution treatment by serving as a biological and chemical oxidation basin.

     (i) The site provides erosion control by serving as a sedimentation area and filtering basin, absorbing silt and organic matter.

     (j) The site provides sources of nutrients in water food cycles and nursery grounds and sanctuaries for fish.

CREDIT(S)

P.A.1994, No. 451, § 30309, added by P.A.1995, No. 59, § 1, Imd. Eff. May 24, 1995.

[FN1] M.C.L.A. § 324.30307.
[FN2] M.C.L.A. § 324.36505.

 

324.30310. Municipal ordinances; denial of wetland use permits; request for revaluation of fair market value, judicial review; right to institute civil proceedings

Sec. 30310. (1) A local unit of government that adopts an ordinance authorized under section 30307(4) [FN1] shall include in the ordinance a provision that allows a landowner to request a revaluation of the affected property for assessment purposes to determine its fair market value under the use restriction if a permit is denied by a local unit of government for a proposed wetland use. A landowner who is aggrieved by a determination, action, or inaction under this subsection may protest and appeal that determination, action, or inaction pursuant to the general property tax act, Act No. 206 of the Public Acts of 1893, being sections 211.1 to 211.157 of the Michigan Compiled Laws.

(2) If a permit applicant is aggrieved by a determination, action, or inaction by the local unit of government regarding the issuance of a permit, that person may seek judicial review in the same manner as provided in the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.201 to 24.328 of the Michigan Compiled Laws.

(3) This section does not limit the right of a wetland owner to institute proceedings in any circuit of the circuit court of the state against any person when necessary to protect the wetland owner's rights.

CREDIT(S)

P.A.1994, No. 451, § 30310, added by P.A.1995, No. 59, § 1, Imd. Eff. May 24, 1995.

[FN1] M.C.L.A. § 324.30307(4).

 

324.30311. Permits; criteria for approval

Sec. 30311. (1) A permit for an activity listed in section 30304[FN1] 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.

(c) The extent and permanence of the beneficial or detrimental 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, 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.

(c) The activity is undertaken for the construction or 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) 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.

Credits
P.A.1994, No. 451, § 30311, added by P.A.1995, No. 59, § 1, Imd. Eff. May 24, 1995. Amended by P.A.2009, No. 120, Eff. Nov. 6, 2009; P.A.2013, No. 98, Imd. Eff. July 2, 2013.

Editors' Notes
REPEAL
<P.A.2013, No. 98, § 2, provides for repeal of this section 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).>

 

 

324.30311a. Guidelines, bulletins, interpretive statements, or forms with instructions; effect

Sec. 30311a. 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.

Credits
P.A.1994, No. 451, § 30311a, added by P.A.2009, No. 120, Eff. Nov. 6, 2009. Amended by P.A.2013, No. 98, Imd. Eff. July 2, 2013.

Editors' Notes
REPEAL
<P.A.2013, No. 98, § 2, provides for repeal of this section 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).>

 

 

324.30311b. Permits; duration; time limitations for activities under permits; conditions, generally

Sec. 30311b. (1) A permit issued under this part shall not be valid for more than 5 years.

(2) The department may establish a reasonable time when the construction, development, or use authorized under any permit issued under this part is to be completed or terminated.

(3) The department may impose on any permit or authorization under a general permit under this part conditions designed to do any of the following:

(a) Remove or reduce an impairment to wetland benefits, as set forth in section 30302, [FN1] that would otherwise result from the project.

(b) Improve the water quality that would otherwise result from the project.

(c) Remove or reduce the effect of a discharge of fill material.

(4) The department may impose a condition on an authorization under a general permit under subsection (3) only after consultation with the applicant or applicant's agent.

CREDIT(S)

P.A.1994, No. 451, § 30311b, added by P.A.2009, No. 120, Eff. Nov. 6, 2009.

[FN1] M.C.L.A. § 324.30302.

APPLICATION

<For appropriation requirements upon which effectiveness of act is contingent, see P.A.2009, No. 120, § 1, Historical and Statutory Notes following M.C.L.A. § 324.1301.>

 

324.30311d. Permits; conditions, compensatory wetland mitigation

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.

(c) The creation of new wetlands, if the permit applicant 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,[FN1] 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.

(c) Allow a reduction of mitigation ratios when approved 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 at 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.[FN2] 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.

(c) Allow wetland preservation to be used in areas where 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[FN3] that provides grants and loans to eligible municipalities for the purposes of establishing mitigation banks.

Credits
P.A.1994, No. 451, § 30311d, added by P.A.2009, No. 120, Eff. Nov. 6, 2009. Amended by P.A.2013, No. 98, Imd. Eff. July 2, 2013.

Editors' Notes
REPEAL
<P.A.2013, No. 98, § 2, provides for repeal of this section 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).>

Footnotes

[FN1] P.A.2013, No. 98, Imd. Eff. July 2, 2013.

[FN2] P.A.2013, No. 98, Imd. Eff. July 2, 2013.

[FN3] M.C.L.A. § 324.5201 et seq.

 

 

324.30312. Minor project category activities, establishment, duration; approval of projects involving minor project category activities; laws governing minor projects; issuance of permits, conditions and procedure; coordination of general permit and minor project categories

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[FN1] for an activity within a minor project category without holding a public hearing or providing notice pursuant to section 30307(1) or (3).[FN2] 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[FN3] 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[FN4] 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.

(c) Activities that convert the wetland to a nonwetland are 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.

Credits
P.A.1994, No. 451, § 30312, added by P.A.1995, No. 59, § 1, Imd. Eff. May 24, 1995. Amended by P.A.2003, No. 14, Imd. Eff. June 5, 2003; P.A.2009, No. 120, Eff. Nov. 6, 2009; P.A.2012, No. 247, Imd. Eff. July 2, 2012; P.A.2013, No. 98, Imd. Eff. July 2, 2013.

Editors' Notes
REPEAL
<P.A.2013, No. 98, § 2, provides for repeal of this section 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).>

Footnotes
[FN1] M.C.L.A. § 324.30306.

[FN2] M.C.L.A. § 324.30307.

[FN3] M.C.L.A. § 324.30311.

[FN4] M.C.L.A. §§ 324.30101 et seq. and 324.32501 et seq.

 

 

324.30312b. State general permits equivalent to nationwide permits; state general permit or minor project categories equivalent to nationwide permits-Repealed 2012

Former Text

Sec. 30312b. (1) The department shall propose new or maintain existing general permits under this part equivalent to the following nationwide permits, to the extent applicable to wetland, without further limitations:

(a) Maintenance.

(b) Scientific measuring devices.

(c) Survey activities.

(d) Oil spill cleanup.

(e) Moist soil management.

(f) Cleanup of hazardous and toxic waste.

(g) Storm water management facilities.

(h) Pipeline safety program designated time sensitive inspections and repairs.

(2) The department shall propose new or maintain existing general permits or minor project categories equivalent to the following nationwide permits, to the extent that the nationwide permits are applicable to wetland, subject to additional limitations based on best management practices and necessary to ensure that adverse environmental effects are minimal or based on other statutes, which limitations may be established by the department after providing notice and an opportunity for public comment:

(a) Outfall structures and associated intake structures.

(b) Minor discharges.

(c) Utility line activities.

(d) Expansion of existing cranberry production activities.

(3) The department shall propose new or maintain existing general permits or minor project categories for the following:

(a) Temporary recreational structures.

(b) Linear transportation projects.

(c) Aquatic habitat restoration, establishment, and enhancement activities, including reversion of temporary wetland restorations.

(d) Residential developments.

(e) Completed enforcement actions.

(f) Temporary construction, access, and dewatering.

(g) Cranberry production activities.

(h) Agricultural activities.

(i) Reshaping existing drainage ditches.

(j) Recreational facilities.

(4) This section is repealed effective October 1, 2012.

CREDIT(S)

P.A.1994, No. 451, § 30312b, added by P.A.2009, No. 120, Eff. Nov. 6, 2009.

APPLICATION

<For appropriation requirements upon which effectiveness of act is contingent, see P.A.2009, No. 120, § 1, Historical and Statutory Notes following M.C.L.A. § 324.1301.>

REPEAL

<This section is repealed effective October 1, 2012, pursuant to its terms.>

 

324.30312d. Program for facilitation of voluntary wetland restoration and enhancement projects

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.

Credits
P.A.1994, No. 451, § 30312d, added by P.A.2009, No. 120, Eff. Nov. 6, 2009. Amended by P.A.2013, No. 98, Imd. Eff. July 2, 2013.

Editors' Notes
REPEAL
<P.A.2013, No. 98, § 2, provides for repeal of this section 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).>

 

 

324.30313. Revocation or modification of general permits

Sec. 30313. (1) A general permit may be revoked or modified if, after opportunity for a public hearing or a contested case hearing under the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.201 to 24.328 of the Michigan Compiled Laws, the department determines that the activities authorized by the general permit have an adverse impact on the environment or the activities would be more appropriately authorized by an individual permit.

(2) A permit may be terminated or modified for cause, including:

     (a) A violation of a condition of the permit.  

     (b) Obtaining a permit by misrepresentation or failure to fully disclose relevant facts.

     (c) A change in a condition that requires a temporary or permanent change in the activity.

CREDIT(S)

P.A.1994, No. 451, § 30313, added by P.A.1995, No. 59, § 1, Imd. Eff. May 24, 1995.

 

324.30313b. Minor revisions to permits; prerequisites for making; time for approval or denial of request; fee; minor revision defined

Sec. 30313b. (1) The department may make minor revisions in a permit issued under this part if all of the following apply:

     (a) The project is in compliance with the permit and this part.

     (b) The minor revisions are requested by the permittee in writing.

     (c) The request is accompanied by a fee of $250.00.

     (d) If the request is for a transfer of the permit, the request is accompanied by a written agreement between the current and new owners or operators containing a specific date for transfer of responsibility, coverage, and liability under the permit.

(2) The department shall approve or deny the request within 20 business days. However, if the only minor revision requested is a transfer under subsection (4)(a), the department shall approve or deny the request within 10 business days. If the department fails to approve or deny the request within the time required by this subsection, the department shall refund the fee.

(3) If the department determines that none of the changes requested are minor revisions, the department shall retain the fee but the permittee may apply the fee toward a new permit for a project at that site.

(4) As used in this section, “minor revision” means either of the following with respect to a permit issued under this part:

     (a) A transfer.

     (b) A revision that does not increase the overall impact of a project on wetlands and that is within the scope of the project as described in the original permit.

CREDIT(S)

P.A.1994, No. 451, § 30313b, added by P.A.2006, No. 431, Imd. Eff. Oct. 5, 2006.

 

324.30314. Information required to be furnished; entry upon premises

Sec. 30314. (1) The department shall require the holder of a permit to provide information the department reasonably requires to obtain compliance with this part.

(2) Upon reasonable cause or obtaining a search warrant, the department may enter on, upon, or through the premises on which an activity listed in section 30304 [FN1] is located or on which information required to be maintained under subsection (1) is located.

CREDIT(S)

P.A.1994, No. 451, § 30314, added by P.A.1995, No. 59, § 1, Imd. Eff. May 24, 1995.

[FN1] M.C.L.A. § 324.30304.

 

324.30315. Violations; order for compliance; civil actions

Sec. 30315. (1) If, on the basis of information available to the department, the department finds that a person is in violation of this part or a condition set forth in a permit issued under section 30311 or 30312, [FN1] the department shall issue an order requiring the person to comply with the prohibitions or conditions or the department shall request the attorney general to bring a civil action under section 30316(1). [FN2]

(2) An order issued under subsection (1) shall state with reasonable specificity the nature of the violation and shall specify a time for compliance, not to exceed 30 days, which the department determines is reasonable, taking into account the seriousness of the violation and good faith efforts to comply with applicable requirements.

CREDIT(S)

P.A.1994, No. 451, § 30315, added by P.A.1995, No. 59, § 1, Imd. Eff. May 24, 1995.

[FN1] M.C.L.A. § 324.30311 or 324.30312.
[FN2] M.C.L.A. § 324.30316(1).

 

324.30316. Civil actions by attorney general; fines and penalties

Sec. 30316. (1) The attorney general may commence a civil action for appropriate relief, including injunctive relief upon request of the department under section 30315(1). [FN1] An action under this subsection may be brought in the circuit court for the county of Ingham or for a county in which the defendant is located, resides, or is doing business. The court has jurisdiction to restrain the violation and to require compliance with this part. In addition to any other relief granted under this section, the court may impose a civil fine of not more than $10,000.00 per day of violation. A person who violates an order of the court is subject to a civil fine not to exceed $10,000.00 for each day of violation.

(2) A person who violates this part is guilty of a misdemeanor, punishable by a fine of not more than $2,500.00.

(3) A person who willfully or recklessly violates a condition or limitation in a permit issued by the department under this part, or a corporate officer who has knowledge of or is responsible for a violation, is guilty of a misdemeanor, punishable by a fine of not less than $2,500.00 nor more than $25,000.00 per day of violation, or by imprisonment for not more than 1 year, or both. A person who violates this section a second or subsequent time is guilty of a felony, punishable by a fine of not more than $50,000.00 for each day of violation, or by imprisonment for not more than 2 years, or both.

(4) In addition to the penalties provided under subsections (1), (2), and (3), the court may order a person who violates this part to restore as nearly as possible the wetland that was affected by the violation to its original condition immediately before the violation. The restoration may include the removal of fill material deposited in the wetland or the replacement of soil, sand, or minerals.

CREDIT(S)

P.A.1994, No. 451, § 30316, added by P.A.1995, No. 59, § 1, Imd. Eff. May 24, 1995.

[FN1] M.C.L.A. § 324.30315.

 

324.30317. Fees and civil fines, disposition; expenditures, purposes, reports

Sec. 30317. (1) The civil fines collected under this part shall be forwarded to the state treasurer for deposit in the general fund of the state. The fees collected under this part shall be deposited in the land and water management permit fee fund created in section 30113. [FN1]

(2) Subsection (1) does not apply to fines or fees collected under an ordinance adopted under section 30307(4). [FN2]

(3) Subject to section 30113, the department shall expend money from the land and water management permit fee fund, upon appropriation, to support guidance for property owners and applicants, permit processing, compliance inspections, and enforcement activities under this part. Not more than 90 days after the end of each state fiscal year, the department shall prepare a report describing how money from the land and water management permit fee fund was expended during that fiscal year and shall submit the report to the standing committees of the house of representatives and the senate that primarily address issues pertaining to the protection of natural resources and the environment, and the appropriations committees in the house of representatives and the senate. Other than civil fines and costs, the disposition of which is governed by section 8379 of the revised judicature act of 1961, 1961 PA 236, MCL 600.8379, or criminal fines, funds collected by a local unit of government under an ordinance authorized under section 30307(4) shall be deposited in the general fund of the local unit of government.

CREDIT(S)

P.A.1994, No. 451, § 30317, added by P.A.1995, No. 59, § 1, Imd. Eff. May 24, 1995. Amended by P.A.1996, No. 530, § 1, Imd. Eff. Jan. 13, 1997; P.A.1998, No. 228, Imd. Eff. July 3, 1998; P.A.2009, No. 120, Eff. Nov. 6, 2009.

[FN1] M.C.L.A. § 324.30113.
[FN2] M.C.L.A. § 324.30307.

APPLICATION

<For appropriation requirements upon which effectiveness of act is contingent, see P.A.2009, No. 120, § 1, Historical and Statutory Notes following M.C.L.A. § 324.1301.>

 

 


324.30318. Revaluation of property

Sec. 30318. If a permit is denied for a proposed wetland activity, the landowner may request a revaluation of the affected property for assessment purposes to determine its fair market value under the use restriction.

CREDIT(S)

P.A.1994, No. 451, § 30318, added by P.A.1995, No. 59, § 1, Imd. Eff. May 24, 1995.

 

324.30319. Rules; hearings; judicial review

Sec. 30319. (1) The department shall promulgate and enforce rules to implement this part.

(2) If a person is aggrieved by any action or inaction of the department, the person may request a formal hearing on the matter involved. The hearing shall be conducted by the department pursuant to the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.201 to 24.328 of the Michigan Compiled Laws.

(3) A determination, action, or inaction by the department following the hearing is subject to judicial review as provided in Act No. 306 of the Public Acts of 1969.

(4) This section does not limit the right of a wetland owner to institute proceedings in any circuit of the circuit court of the state against any person when necessary to protect the wetland owner's rights.

CREDIT(S)

P.A.1994, No. 451, § 30319, added by P.A.1995, No. 59, § 1, Imd. Eff. May 24, 1995.

 

324.30320. Inventories of wetlands; maps, surveys

Sec. 30320. (1) As inventories of wetland are completed, the inventories shall be used as 1 of the criteria by the department in issuing permits. The inventories shall be periodically updated. The maps, ground surveys, and descriptions of wetlands included in the inventories shall be submitted to the respective county register of deeds and shall become a public document available to review by any member of the public.

(2) Aerial photographs and satellite telemetry data reproductions shall be made available to the respective county register of deeds for cost as determined by the department.

CREDIT(S)

P.A.1994, No. 451, § 30320, added by P.A.1995, No. 59, § 1, Imd. Eff. May 24, 1995.

 

324.30321. Preliminary inventory of wetlands; hearings; wetland assessment, requirements; written assessment reports, contents; request for reassessment; fees

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 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 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.

     (c) Contain a legal description of the parcel and, if only a 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.

     (c) If the assessment report determines that the area assessed 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, [FN1] with respect to floodplains and floodways.

          (ii ) Part 91. [FN2]

          (iii ) Part 301. [FN3]

          (iv ) Part 323. [FN4]

          (v ) Part 325. [FN5]

          (vi ) Part 353. [FN6]

(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).

(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.

(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.

CREDIT(S)

P.A.1994, No. 451, § 30321, added by P.A.1995, No. 59, § 1, Imd. Eff. May 24, 1995. Amended by P.A.1996, No. 530, § 1, Imd. Eff. Jan. 13, 1997.

[FN1] M.C.L.A. § 324.3101 et seq.
[FN2] M.C.L.A. § 324.9101 et seq.
[FN3] M.C.L.A. § 324.30101 et seq.
[FN4] M.C.L.A. § 324.32301 et seq.
[FN5] M.C.L.A. § 324.32501 et seq.
[FN6] M.C.L.A. § 324.35301 et seq.

 

324.30322. Notice to property owners of change in status

Sec. 30322. As wetland inventories are completed as specified in section 30321, [FN1] owners of record as identified by the current property tax roll shall be notified of the possible change in the status of their property. Notification shall be printed on the next property tax bill mailed to property owners in the county. It shall contain information specifying that a wetland inventory has been completed and is on file with the agricultural extension office, register of deeds, and county clerk, and that property owners may be subject to regulation under this part.

CREDIT(S)

P.A.1994, No. 451, § 30322, added by P.A.1995, No. 59, § 1, Imd. Eff. May 24, 1995.

[FN1] M.C.L.A. § 324.30321.

 

324.30323. Taking without compensation

Sec. 30323. (1) This part shall not be construed to abrogate rights or authority otherwise provided by law.

(2) For the purposes of determining if there has been a taking of property without just compensation under state law, an owner of property who has sought and been denied a permit from the state or from a local unit of government that adopts an ordinance pursuant to section 30307(4), [FN1] who has been made subject to modifications or conditions in the permit under this part, or who has been made subject to the action or inaction of the department pursuant to this part or the action or inaction of a local unit of government that adopts an ordinance pursuant to section 30307(4) may file an action in a court of competent jurisdiction.

(3) If the court determines that an action of the department or a local unit of government pursuant to this part or an ordinance authorized pursuant to section 30307(4) constitutes a taking of the property of a person, then the court shall order the department or the local unit of government, at the department's or the local unit of government's option, as applicable, to do 1 or more of the following:

     (a) Compensate the property owner for the full amount of the lost value.

     (b) Purchase the property in the public interest as determined before its value was affected by this part or the local ordinance authorized under section 30307(4) or the action or inaction of the department pursuant to this part or the local unit of government pursuant to its ordinance.

     (c) Modify its action or inaction with respect to the property so as to minimize the detrimental affect to the property's value.

(4) For the purposes of this section, the value of the property may not exceed that share of the state equalized valuation of the total parcel that the area in dispute occupies of the total parcel of land, multiplied by 2, as determined by an inspection of the most recent assessment roll of the township or city in which the parcel is located.

CREDIT(S)

P.A.1994, No. 451, § 30323, added by P.A.1995, No. 59, § 1, Imd. Eff. May 24, 1995.

[FN1] M.C.L.A. § 324.30307(4).

 

324.30325. Agreement with environmental protection agency relating to categories of discharges subject to waiver under 33 USC § 1344

Sec. 30325. The department shall pursue an agreement with the United States environmental protection agency to expand the categories of discharges subject to the waiver from the requirements of section 404(j) of title IV of the federal water pollution control act, 33 USC 1344, pursuant to section 404(k) of title IV of the federal water pollution control act, 33 USC 1344.

CREDIT(S)

P.A.1994, No. 451, § 30325, added by P.A.2009, No. 120, Eff. Nov. 6, 2009.

APPLICATION

<For appropriation requirements upon which effectiveness of act is contingent, see P.A.2009, No. 120, § 1, Historical and Statutory Notes following M.C.L.A. § 324.1301.>

 

324.30327. Certifications by department under 33 USC § 1341

Sec. 30327. The department may provide certifications under section 401 of title IV of the federal water pollution control act, 33 USC 1341.

CREDIT(S)

P.A.1994, No. 451, § 30327, added by P.A.2009, No. 120, Eff. Nov. 6, 2009.

<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).>

 

 

324.30329. Wetland advisory council

Sec. 30329. (1) The wetland advisory council is created within the department. The council shall consist of the following:

(a) The director of the department or his or her designee. The director of the department shall invite a representative of the United States army corps of engineers, a representative of the United States environmental protection agency, and a representative of the United States department of agriculture natural resource conservation service to also serve as members of the council.

(b) The director of the department of natural resources or his or her designee.

(c) The director of the department of agriculture or his or her designee.

(d) The following members appointed by the senate majority leader:

(i) One individual representing a statewide association of home builders.

(ii) One individual representing a statewide conservation organization.

(iii) One individual representing a statewide association of local units of government.

(iv) One individual representing a statewide association of manufacturers.

(e) The following members appointed by the speaker of the house of representatives:

(i) One individual representing a statewide environmental protection organization.

(ii) One individual representing the largest general statewide farm organization.

(iii) One individual representing a statewide association of realtors.

(iv) One drain commissioner representing an association of county drain commissioners.

(f) The following members appointed by the governor:

(i) One individual representing a watershed organization.

(ii) One individual representing natural gas or electric utilities.

(iii) One individual representing a conservation district.

(iv) One individual representing a statewide association of businesses.

(v) One individual representing the general public.

(vi) A university professor with expertise in wetland science.

(vii) A wetland professional who regularly submits applications for permits and obtains permits from the department.

(2) The appointments to the council under subsection (1) shall be made not later than 30 days after the effective date of the amendatory act that added this section.

(3) An appointed member of the council shall serve for a term of 3 years. If a vacancy occurs on the council, the vacancy shall be filled for the unexpired term in the same manner as the original appointment. The appointing officer may remove a member of the council for incompetence, dereliction of duty, malfeasance, misfeasance, or nonfeasance in office, or any other good cause.

(4) The first meeting of the council shall be called by the director of the department. At the first meeting, the council shall elect from among its members a chairperson and any other officers that it considers necessary or appropriate. After the first meeting, the council shall meet at least quarterly, or more frequently at the call of the chairperson or if requested by 2 or more members.

(5) A majority of the members of the council constitute a quorum for the transaction of business at a meeting of the council. A majority of the members present and serving are required for official action of the council.

(6) The business that the council may perform shall be conducted at a public meeting of the council held in compliance with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275. A writing prepared, owned, used, in the possession of, or retained by the council in the performance of an official function is subject to the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

(7) Members of the council shall serve without compensation. However, a member of the council representing the department of natural resources, the department of agriculture, or the department shall serve without additional compensation.

(8) By October 1, 2010, the council shall submit a report to the governor, the department, and the standing committees and appropriations subcommittees of the legislature with primary responsibility over issues pertaining to natural resources and the environment. The report shall evaluate and make recommendations on all of the following:

(a) Improving the overall efficiency of the program under this part, including all of the following aspects of the permit application, review, and decision-making process:

(i) The quality of applications submitted.

(ii) The effect of mandatory decision-making time frames on meeting the purposes of this part, and, if appropriate, the time frames that should apply to decision-making under this part.

(b) The point in the department's process of decision-making on a permit application at which the possibility of mitigation should be considered.

(c) Actions necessary to adopt and implement measures determined by the United States environmental protection agency to support consistency with the requirements of section 404 of title IV of the federal water pollution control act, 33 USC 1344, as set forth in “Final Report Results of the U.S. Environmental Protection Agency Region 5 Review of Michigan Department of Environmental Quality's Section 404 Program”, dated May 2008.

(9) By August 15, 2012, the council shall submit a report to the governor, the department, and the standing committees and appropriations subcommittees of the legislature with primary responsibility over issues pertaining to natural resources and the environment. The report shall evaluate and make recommendations on all of the following:

(a) Improving coordination and reducing duplication of effort with the United States army corps of engineers.

(b) Potential long-term changes in program structure, including all of the following:

(i) Scientific methods to achieve more consistent and accurate determinations of wetland functions and values for reviewing applications for permits, watershed planning, conservation plans, and other purposes. These methods include rapid wetland assessment and landscape level wetland assessment.

(ii) The appropriate role of local units of government and conservation districts in the administration of this part.

(iii) A certification process for wetland professionals. The council shall consider information reported under section 30303b in evaluating and making recommendations under this subparagraph.

(iv) The definition of wetland and wetland delineation methods, including the role of hydric soils as a factor in wetland delineation. In making recommendations under this subparagraph, the council shall evaluate differences in the state and federal wetland programs.

(c) The appropriate means and level of program funding under this part.

(d) Minor project categories and general permits under section 30312b(1) to (3). [FN1]

(e) The appropriateness of the provisions of section 30304b [FN2] as a means of reducing regulatory burdens from dual federal and state regulation.

(f) The promotion of the development of wetland mitigation banks.

(g) Ways for the public and interested parties to advise the department on a continuing basis concerning the administration and enforcement of this part.

(h) Appropriate regulation of the siting, construction, and operation of cranberry production activities, in light of the benefit of cranberry production activities to the economy, the regulatory approach of other states, and other factors.

(i) The feasible and prudent alternative standard under section 30311 [FN3] and consistent application of the standard.

(j) Methods to assist both of the following in successfully obtaining permits under this part in a timely manner:

(i) Individuals proposing a use or activity for their personal homesite.

(ii) Nonprofit organizations.

(10) This section is repealed effective April 1, 2013.

CREDIT(S)

P.A.1994, No. 451, § 30329, added by P.A.2009, No. 120, Eff. Nov. 6, 2009.

[FN1] M.C.L.A. § 324.30312b.
[FN2] M.C.L.A. § 324.30304b.
[FN3] M.C.L.A. § 324.30311.

APPLICATION

<For appropriation requirements upon which effectiveness of act is contingent, see P.A.2009, No. 120, § 1, Historical and Statutory Notes following M.C.L.A. § 324.1301.>

 



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