S00930'13 (H-3) TMV SB-0163, As Passed Senate, June 13, 2013

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 163

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 1307, 1311, 30103, 30104, 30105, 30305, 30306,

30306b, 30311, 30311a, 30311d, 30312, 30312d, 30321, and 32513 (MCL

324.1307, 324.1311, 324.30103, 324.30104, 324.30105, 324.30305,

324.30306, 324.30306b, 324.30311, 324.30311a, 324.30311d,

324.30312, 324.30312d, 324.30321, and 324.32513), section 1307 as

amended by 2012 PA 164, section 1311 as amended by 2011 PA 246,

section 30103 as amended by 2009 PA 139, section 30104 as amended

by 2013 PA 13, sections 30105 and 30311 as amended and sections

30311a, 30311d, and 30312d as added by 2009 PA 120, sections 30305,

30306, and 30312 as amended by 2012 PA 247, section 30306b as

amended by 2010 PA 180, section 30321 as amended by 1996 PA 530,2

S00930'13 (H-3) TMV and section 32513 as amended by 2013 PA 11, and by adding sections

30101a and 30328; and to repeal acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1307. (1) By the processing deadline, the department 1

shall approve or deny an application for a permit. If requested by 2

the permit applicant, the department shall extend the processing 3

period for a permit by not more than 120 days, as specified by the 4

applicant. If requested by the permit applicant, the department may 5

extend the processing period beyond the additional 120 days. 6

However, a processing period shall not be extended under this 7

subsection to a date later than 1 year after the application period 8

ends. 9

(2) THE APPROVAL OR DENIAL OF AN APPLICATION FOR A PERMIT 10

SHALL BE IN WRITING AND SHALL BE BASED UPON EVIDENCE THAT WOULD 11

MEET THE STANDARDS IN SECTION 75 OF THE ADMINISTRATIVE PROCEDURES 12

ACT OF 1969, 1969 PA 306, MCL 24.275. 13

(3) (2) Approval of an application for a permit may be granted 14

with conditions or modifications necessary to achieve compliance 15

with the part or parts of this act under which the permit is 16

issued. 17

(4) (3) A denial of an application for a permit shall 18

DOCUMENT, AND ANY REVIEW UPHOLDING THE DECISION SHALL DETERMINE , to 19

the extent practical, specify all of the reasons for the denial, 20

including both ALL of the following: 21

(a) The THAT THE DECISION IS BASED ON SPECIFIC provisions of 22

this act or rules promulgated under this act

. providing the basis 23

for the denial. 243

S00930'13 (H-3) TMV (B) THAT THE DECISION IS BASED UPON SUFFICIENT FACTS OR DATA, 1

WHICH ARE RECORDED IN THE FILE. 2

(C) (b) To the extent applicable, the scientific information 3

providing the basis for the denial. ALL OF THE FOLLOWING: 4

( i ) THAT THE DECISION IS THE PRODUCT OF RELIABLE SCIENTIFIC 5

PRINCIPLES AND METHODS. 6

( ii ) THAT THE DECISION HAS APPLIED THE PRINCIPLES AND METHODS 7

RELIABLY TO THE FACTS. 8

(5) (4) Except for permits described in subsection (5) (6) , if 9

the department fails to satisfy the requirements of subsection (1) 10

with respect to an application for a permit, the department shall 11

pay the applicant an amount equal to 15% of the greater of the 12

following, as applicable: 13

(a) The amount of the application fee for that permit. 14

(b) If an assessment or other fee is charged on an annual or 15

other periodic basis by the department to a person holding the 16

permit for which the application was submitted, the amount of the 17

first periodic charge of that assessment or other fee for that 18

permit. 19

(6) (5) If the department fails to satisfy the requirements of 20

subsection (1) with respect to a permit required by section 11509, 21

11512, 30304, or 32603, the application shall be considered to be 22

approved and the department shall be considered to have made any 23

determination required for approval. 24

(7) (6) The failure of the department to satisfy the 25

requirements of subsection (1) or the fact that the department is 26

required to make a payment under subsection (4) (5) or is 274

S00930'13 (H-3) TMV considered to have approved a permit under subsection (5) (6) shall 1

not be used by the department as the basis for discriminating 2

against the applicant. If the department is required to make a 3

payment under subsection (4) (5) , the application shall be 4

processed in sequence with other applications for the same type of 5

permit, based on the date on which the processing period began, 6

unless the director determines on an application-by-application 7

basis that the public interest is best served by processing in a 8

different order. 9

(8) (7) If the department fails to satisfy the requirements of 10

subsection (1) with respect to 10% or more of the applications for 11

a particular type of permit received during a quarter of the state 12

fiscal year, the department shall immediately devote resources from 13

that program to eliminate any backlog and satisfy the requirements 14

of subsection (1) with respect to new applications for that type of 15

permit within the next fiscal quarter. 16

(9) (8) If the department fails to satisfy the requirements of 17

subsection (1), the director shall notify the appropriations 18

committees of the senate and house of representatives of the 19

failure. The notification shall be in writing and shall include 20

both of the following: 21

(a) An explanation of the reason for the failure. 22

(b) A statement of the amount the department was required to 23

pay the applicant under subsection (4) (5) or a statement that the 24

department was required to consider the application to be approved 25

under subsection (5) (6) , as applicable. 26

Sec. 1311. By December 1 each year, the director shall submit 275

S00930'13 (H-3) TMV a report to the standing committees and appropriations 1

subcommittees of the senate and house of representatives with 2

primary responsibility for issues under the jurisdiction of that 3

department. The department shall post the current report on its 4

website. The report shall include all of the following information 5

for each type of permit for the preceding fiscal year: 6

(a) The number of applications for permits the department 7

received. 8

(b) The number of applications approved, the number of 9

applications approved by the processing deadline, the number of 10

applications approved after the processing deadline, and the 11

average time for the department to determine administrative 12

completeness and to approve or disapprove applications. 13

(c) The number of applications denied, the number of 14

applications denied by the processing deadline, and the number of 15

applications denied after the processing deadline. 16

(d) The number of applications approved or denied after the 17

processing deadline that, based on the director's determination of 18

the public interest, were not processed in sequence as otherwise 19

required by section 1307(6). 1307(7). 20

(e) The number of applications that were not administratively 21

complete when received. 22

(f) The amount of money refunded and discounts granted under 23

section 1307. 24

(g) The number of applications processed as provided in 25

section 1309. 26

(h) If a department failed to satisfy the requirements of 276

S00930'13 (H-3) TMV section 1307(1) with respect to 10% or more of the applications for 1

a particular type of permit received during a quarter of the state 2

fiscal year, the type of permit and percentage of applications for 3

which the requirements were not met, how the department attempted 4

to eliminate any backlog and satisfy the requirements of section 5

1307(1) with respect to new applications for that type of permit 6

within the next fiscal quarter, and whether the department was 7

successful. 8

SEC. 30101A. FOR THE PURPOSES OF THIS PART, THE POWERS, 9

DUTIES, FUNCTIONS, AND RESPONSIBILITIES EXERCISED BY THE DEPARTMENT 10

BECAUSE OF FEDERAL APPROVAL OF MICHIGAN'S PERMIT PROGRAM UNDER 11

SECTION 404(G) AND (H) OF THE FEDERAL WATER POLLUTION CONTROL ACT, 12

33 USC 1344, APPLY ONLY TO "NAVIGABLE WATERS" AND "WATERS OF THE 13

UNITED STATES" AS DEFINED UNDER SECTION 502(7) OF THE FEDERAL WATER 14

POLLUTION CONTROL ACT, 33 USC 1362, AND FURTHER REFINED BY 15

FEDERALLY PROMULGATED RULES AND COURT DECISIONS THAT HAVE THE FULL 16

EFFECT AND FORCE OF FEDERAL LAW. DETERMINING WHETHER ADDITIONAL 17

REGULATION IS NECESSARY TO PROTECT MICHIGAN WATERS BEYOND THE SCOPE 18

OF FEDERAL LAW IS THE RESPONSIBILITY OF THE MICHIGAN LEGISLATURE 19

BASED ON ITS DETERMINATION OF WHAT IS IN THE BEST INTEREST OF THE 20

CITIZENS OF THIS STATE. 21

Sec. 30103. (1) A permit is not required under this part for 22

any of the following: 23

(a) Any fill or structure existing before April 1, 1966, in 24

waters covered by former 1965 PA 291, and any fill or structures 25

existing before January 9, 1973, in waters covered for the first 26

time by former 1972 PA 346. 277

S00930'13 (H-3) TMV (b) A seasonal structure placed on bottomland to facilitate 1

private noncommercial recreational use of the water if it does not 2

unreasonably interfere with the use of the water by others entitled 3

to use the water or interfere with water flow. 4

(c) Reasonable sanding of beaches to the existing water's edge 5

by a riparian owner. 6

(d) Construction or maintenance of a private agricultural 7

MAINTENANCE OF AN AGRICULTURAL drain

, regardless of outlet

, . IF 8

ALL OF THE FOLLOWING REQUIREMENTS ARE MET: 9

( i ) THE MAINTENANCE INCLUDES ONLY ACTIVITIES THAT MAINTAIN THE 10

LOCATION, DEPTH, AND BOTTOM WIDTH OF THE DRAIN AS CONSTRUCTED OR 11

MODIFIED AT ANY TIME BEFORE JULY 1, 2014. 12

( ii ) THE MAINTENANCE IS PERFORMED BY THE LANDOWNER OR PURSUANT 13

TO THE DRAIN CODE OF 1956, 1956 PA 40, MCL 280.1 TO 280.630. 14

(e) A waste collection or treatment facility that is ordered 15

to be constructed or is approved for construction by the department 16

UNDER STATE OR FEDERAL WATER POLLUTION CONTROL LAW, IF CONSTRUCTED 17

IN UPLAND

. 18

(f) Construction and maintenance of minor drainage structures 19

and facilities which are identified by rule promulgated by the 20

department pursuant to section 30110. Before such a rule is 21

promulgated, the rule shall be approved by the majority of a 22

committee consisting of the director of the department, the 23

director of the department of agriculture AND RURAL DEVELOPMENT

, 24

and the director of the state transportation department or their 25

designated representatives. The rules shall be reviewed at least 26

annually. 278

S00930'13 (H-3) TMV (g) Maintenance and improvement of all drains OF A DRAIN THAT 1

EITHER WAS legally established or AND constructed prior to BEFORE 2

January 1, 1973, pursuant to the drain code of 1956, 1956 PA 40, 3

MCL 280.1 to 280.630, except those legally established drains 4

constituting mainstream portions of certain natural watercourses 5

identified in rules promulgated by the department under section 6

30110 , OR WAS CONSTRUCTED OR MODIFIED UNDER A PERMIT ISSUED 7

PURSUANT TO THIS PART

. AS USED IN THIS SUBDIVISION, "MAINTENANCE OF 8

A DRAIN" MEANS THE PHYSICAL PRESERVATION OF THE LOCATION, DEPTH, 9

AND BOTTOM WIDTH OF A DRAIN AND APPURTENANT STRUCTURES TO RESTORE 10

THE FUNCTION AND APPROXIMATE CAPACITY OF THE DRAIN AS CONSTRUCTED 11

OR MODIFIED AT ANY TIME BEFORE JULY 1, 2014, AND INCLUDES, BUT IS 12

NOT LIMITED TO, THE FOLLOWING ACTIVITIES IF PERFORMED WITH BEST 13

MANAGEMENT PRACTICES: 14

( i ) EXCAVATION OF ACCUMULATED SEDIMENTS BACK TO ORIGINAL 15

CONTOURS. 16

( ii ) RESHAPING OF THE SIDE SLOPES. 17

( iii ) BANK STABILIZATION WHERE REASONABLY NECESSARY TO PREVENT 18

EROSION. MATERIALS USED FOR STABILIZATION MUST BE COMPATIBLE WITH 19

EXISTING BANK OR BED MATERIALS. 20

( iv ) ARMORING, LINING, OR PIPING IF A PREVIOUSLY ARMORED, 21

LINED, OR PIPED SECTION IS BEING REPAIRED AND ALL WORK OCCURS 22

WITHIN THE FOOTPRINT OF THE PREVIOUS WORK. 23

( v ) REPLACEMENT OF EXISTING CONTROL STRUCTURES, IF THE 24

ORIGINAL FUNCTION OF THE DRAIN IS NOT CHANGED AND THE ORIGINAL 25

APPROXIMATE CAPACITY OF THE DRAIN IS NOT INCREASED. 26

( vi ) REPAIR OF STABILIZATION STRUCTURES. 279

S00930'13 (H-3) TMV ( vii ) CULVERT REPLACEMENT, INCLUDING CULVERT EXTENSIONS OF NOT 1

MORE THAN 24 ADDITIONAL FEET PER CULVERT. 2

( viii ) EMERGENCY RECONSTRUCTION OF RECENTLY DAMAGED PARTS OF THE 3

DRAIN. EMERGENCY RECONSTRUCTION MUST OCCUR WITHIN A REASONABLE 4

PERIOD OF TIME AFTER DAMAGE OCCURS IN ORDER TO QUALIFY FOR THIS 5

EXEMPTION. 6

(h) Projects constructed under the watershed protection and 7

flood prevention act, chapter 656, 68 Stat. 666, 16 USC 1001 to 8

1008 and 1010. 9

(i) Construction and maintenance of privately owned cooling or 10

storage ponds used in connection with a public utility except at 11

the interface with public waters. 12

(j) Maintenance of a structure constructed under a permit 13

issued pursuant to this part and identified by rule promulgated 14

under section 30110, if the maintenance is in place and in kind 15

with no design or materials modification. 16

(k) A water withdrawal. 17

( l ) Annual installation of a seasonal dock or docks, pilings, 18

mooring buoys, or other mooring structures previously authorized by 19

and in accordance with a permit issued under this part. 20

(M) CONTROLLED ACCESS OF LIVESTOCK TO STREAMS FOR WATERING OR 21

CROSSING IF CONSTRUCTED IN ACCORDANCE WITH APPLICABLE PRACTICE 22

STANDARDS SET BY THE UNITED STATES DEPARTMENT OF AGRICULTURE, 23

NATURAL RESOURCES CONSERVATION SERVICE. 24

(N) TEMPORARY DRAWDOWNS OF IMPOUNDMENTS AT HYDROELECTRIC 25

PROJECTS LICENSED BY THE FEDERAL ENERGY REGULATORY COMMISSION 26

(FERC) AND SUBJECT TO FERC'S AUTHORITY IF BOTH OF THE FOLLOWING 2710

S00930'13 (H-3) TMV APPLY: 1

( i ) THE FERC LICENSEE HAS CONSULTED THIS STATE DURING THE 2

DRAWDOWN PLAN DEVELOPMENT AND THIS STATE'S CONCERNS HAVE BEEN 3

ADDRESSED IN THE DRAWDOWN PLAN AS FERC CONSIDERS APPROPRIATE. 4

( ii ) ADVERSE ENVIRONMENTAL IMPACTS, INCLUDING STREAM FLOW, 5

AQUATIC RESOURCES, AND TIMING, HAVE BEEN AVOIDED AND MINIMIZED TO 6

THE EXTENT PRACTICAL. 7

(2) As used in this section, "water withdrawal" means the 8

removal of water from its source for any purpose. 9

(3) AS USED IN THIS PART, "AGRICULTURAL DRAIN" MEANS A HUMAN10

MADE CONVEYANCE OF WATER THAT MEETS ALL OF THE FOLLOWING 11

REQUIREMENTS: 12

(A) DOES NOT HAVE CONTINUOUS FLOW. 13

(B) FLOWS PRIMARILY AS A RESULT OF PRECIPITATION-INDUCED 14

SURFACE RUNOFF OR GROUNDWATER DRAINED THROUGH SUBSURFACE DRAINAGE 15

SYSTEMS. 16

(C) SERVES AGRICULTURAL PRODUCTION. 17

(D) WAS CONSTRUCTED BEFORE JANUARY 1, 1973 OR WAS CONSTRUCTED 18

IN COMPLIANCE WITH THIS PART OR FORMER 1979 PA 203. 19

Sec. 30104. (1) A person shall not undertake a project subject 20

to this part except as authorized by a permit issued by the 21

department pursuant to part 13. An application for a permit shall 22

include any information that may be required by the department. If 23

a project includes activities at multiple locations, 1 application 24

may be filed for the combined activities. 25

(2) Except as provided in subsections (3) and (4), until 26

October 1, 2015, an application for a permit shall be accompanied 2711

S00930'13 (H-3) TMV by a AN APPLICATION fee based on an administrative cost in 1

accordance with the following schedule: 2

(a) For activities included in a minor project category, or a 3

seasonal drawdown or the associated reflooding, or both, of a dam 4

or impoundment for the purpose of weed control, a fee of $50.00. 5

However, for a permit for a seasonal drawdown or associated 6

reflooding, or both, of a dam or impoundment for the purpose of 7

weed control that is issued for the first time after October 9, 8

1995, an initial fee of $500.00 with subsequent permits for the 9

same purpose being assessed a $50.00 fee. 10

(B) FOR ACTIVITIES INCLUDED IN A MINOR PROJECT CATEGORY 11

ESTABLISHED UNDER SECTION 30105(7), A FEE OF $100.00. 12

(C) (b) For authorization under ACTIVITIES INCLUDED IN a 13

general permit CATEGORY ESTABLISHED UNDER SECTION 30105(8) , a FEE 14

OF $50.00

. fee. 15

(D) (c) For construction or expansion of a marina, a fee of: AS 16

FOLLOWS: 17

( i ) $50.00 for an expansion of 1-10 slips to an existing 18

permitted marina. 19

( ii ) $100.00 for a new marina with 1-10 proposed marina slips. 20

( iii ) $250.00 for an expansion of 11-50 slips to an existing 21

permitted marina, plus $10.00 for each slip over 50. 22

( iv ) $500.00 for a new marina with 11-50 proposed marina slips, 23

plus $10.00 for each slip over 50. 24

( v ) $1,500.00 if an existing permitted marina proposes 25

maintenance dredging of 10,000 cubic yards or more, unless the 26

dredge material has been determined through testing to be 90% or 2712

S00930'13 (H-3) TMV more sand, or the addition of seawalls, bulkheads, or revetments of 1

500 feet or more. 2

(E) (d) For major projects other than a project described in 3

subdivision (c)( v ), (D)( v ), involving any of the following, a fee of 4

$2,000.00: 5

( i ) Dredging of 10,000 cubic yards or more, unless the dredge 6

material has been determined through testing to be 90% or more 7

sand. 8

( ii ) Filling of 10,000 cubic yards or more. 9

( iii ) Seawalls, bulkheads, or revetments of 500 feet or more. 10

( iv ) Filling or draining of 1 acre or more of wetland 11

contiguous to a lake or stream. 12

( v ) New dredging or upland boat basin excavation in areas of 13

suspected contamination. 14

( vi ) Shore projections, such as groins and underwater 15

stabilizers, that extend 150 feet or more into a lake or stream. 16

( vii ) New commercial docks or wharves of 300 feet or more in 17

length. 18

( viii ) Stream enclosures 100 feet or more in length. 19

( ix ) Stream relocations 500 feet or more in length. 20

( x ) New golf courses. 21

( xi ) Subdivisions. 22

( xii ) Condominiums. 23

(F) (e) For the removal of submerged logs from bottomland of 24

an inland lake, a $500.00 fee. 25

(G) (f) For all other projects not listed in subdivisions (a) 26

through (e), (F), a fee of $500.00. 2713

S00930'13 (H-3) TMV (3) A project that requires review and approval under this 1

part and 1 or more of the following acts or parts of acts is 2

subject to only the single highest permit fee required under this 3

part or the following acts or parts of acts: 4

(A) SECTION 3104. 5

(B) (a) Part 303. 6

(C) (b) Part 323. 7

(D) (c) Part 325. 8

(d) Section 3104. 9

(e) Section 117 of the land division act, 1967 PA 288, MCL 10

560.117. 11

(4) If work has been done in violation of a permit requirement 12

under this part and restoration is not ordered by the department, 13

the department may accept an application for a permit if the 14

application is accompanied by a fee equal to 2 times the permit fee 15

required under this section. 16

(5) IF THE DEPARTMENT DENIES AN APPLICATION FOR A PERMIT UNDER 17

THIS PART, THE DEPARTMENT SHALL PROMPTLY REFUND THE APPLICATION FEE 18

PAID UNDER THIS SECTION. 19

Sec. 30105. (1) The department shall post on its website all 20

of the following under this part: 21

(a) A list of pending applications. 22

(b) Public notices. 23

(c) Public hearing schedules. 24

(2) The department may hold a public hearing on pending 25

applications. 26

(3) Except as otherwise provided in this section, upon 2714

S00930'13 (H-3) TMV receiving an application, the department shall submit copies for 1

review to the director of the department of community health or the 2

local health department designated by the director of the 3

department of community health, to the city, village, or township 4

and the county where the project is to be located, to the local 5

conservation district, to the watershed council established under 6

part 311, if any, to the local port commission, if any, and to the 7

persons required to be included in the application pursuant to 8

section 30104(1). Each copy of the application shall be accompanied 9

by a statement that unless a written request is filed with the 10

department within 20 days after the submission for review, the 11

department may grant the application without a public hearing where 12

the project is located. The department may hold a public hearing 13

upon the written request of the applicant or a riparian owner or a 14

person or governmental unit OR OTHER PERSON that is entitled to 15

receive a copy of the application pursuant to this subsection. 16

(4) After completion of a project for which an application is 17

approved, the department may cause a final inspection to be made 18

and certify to the applicant that the applicant has complied with 19

the department's permit requirements. 20

(5) At least 10 days' notice of a hearing to be held under 21

this section shall be given by publication in a newspaper 22

circulated in the county where the project is to be located, to the 23

person requesting the hearing, and to the persons and governmental 24

units AND OTHER PERSONS that are entitled to receive a copy of the 25

application pursuant to subsection (3). 26

(6) In an emergency, the department may issue a conditional 2715

S00930'13 (H-3) TMV permit before the expiration of the 20-day period referred to in 1

subsection (3). 2

(7) After providing notice and an opportunity for a public 3

hearing, the department shall establish minor project categories of 4

activities and projects that are similar in nature, have minimal 5

adverse environmental effects when performed separately, and will 6

have only minimal cumulative adverse effects on the environment. 7

The department may act upon an application received pursuant to 8

section 30104 for an activity or project within a minor project 9

category without providing notices pursuant to subsection (3). All 10

other provisions of this part, except provisions applicable only to 11

general permits, are applicable to a minor project. 12

(8) The department, after notice and an opportunity for a 13

public hearing, shall issue general permits on a statewide basis or 14

within a local unit of government for projects that are similar in 15

nature, that will cause only minimal adverse environmental effects 16

when performed separately, and that will only have minimal 17

cumulative adverse effects on the environment. Before authorizing a 18

specific project to proceed under a general permit, the department 19

may provide notice pursuant to subsection (3) but shall not hold a 20

public hearing and shall not typically require a site inspection. A 21

general permit issued under this subsection shall not be valid for 22

more than 5 years. Among the activities the department may consider 23

for general permit eligibility under this subsection are the 24

following: 25

(a) The removal of qualifying small dams. 26

(b) The maintenance or repair of an existing pipeline, if the 2716

S00930'13 (H-3) TMV pipeline is maintained or repaired in a manner to ensure that any 1

adverse effects on the INLAND lake or stream will be minimized. 2

(9) The department may issue, deny, or impose conditions on 3

project activities authorized under a minor project category or a 4

general permit if the conditions are designed to remove an 5

impairment to the INLAND lake or stream, to mitigate the effects of 6

the project, or to otherwise improve water quality. The department 7

may also establish a reasonable time when the proposed project is 8

to be completed or terminated. 9

(10) If the department determines that activity in a proposed 10

project, although within a minor project category or a general 11

permit, is likely to cause more than minimal adverse environmental 12

effects, the department may require that the application be 13

processed according to subsection (3) and reviewed for compliance 14

with section 30106. 15

(11) THE DEPARTMENT SHALL DEVELOP BY DECEMBER 31, 2013 AND 16

MAINTAIN A GENERAL PERMIT FOR ACTIVITIES IN DRAINS LEGALLY 17

ESTABLISHED PURSUANT TO THE DRAIN CODE OF 1956, 1956 PA 40, MCL 18

280.1 TO 280.630. THE GENERAL PERMIT IS SUBJECT TO ALL OF THE 19

FOLLOWING: 20

(A) THE GENERAL PERMIT SHALL COVER INSTALLATION AND 21

REPLACEMENT OF CULVERTS, CLEAR SPAN BRIDGES, AND END SECTIONS; 22

CULVERT EXTENSIONS; DRAIN REALIGNMENTS; INSTALLATION OF BANK 23

STABILIZATION STRUCTURES AND GRADE STABILIZATION STRUCTURES; SPOIL 24

PLACEMENT; AND OTHER COMMON DRAIN ACTIVITIES THAT USE BEST 25

MANAGEMENT PRACTICES. 26

(B) A DRAIN COMMISSIONER OR DRAINAGE BOARD MAY SUBMIT AN 2717

S00930'13 (H-3) TMV APPLICATION FOR AN AUTHORIZATION UNDER THE GENERAL PERMIT ON A 1

COUNTYWIDE BASIS. THE DEPARTMENT OF AGRICULTURE AND RURAL 2

DEVELOPMENT MAY SUBMIT AN APPLICATION FOR AN AUTHORIZATION UNDER 3

THE GENERAL PERMIT ON BEHALF OF AN INTERCOUNTY DRAINAGE BOARD ON A 4

DRAINAGE-DISTRICT-WIDE BASIS. 5

(C) THE DEPARTMENT SHALL GRANT OR DENY AN AUTHORIZATION UNDER 6

THE GENERAL PERMIT BY MARCH 1 IF THE DRAIN COMMISSIONER OR DRAINAGE 7

BOARD APPLIES FOR THE AUTHORIZATION BY THE PRECEDING JANUARY 20. AN 8

AUTHORIZATION UNDER THE GENERAL PERMIT IS VALID UNTIL MARCH 30 OF 9

THE YEAR AFTER THE YEAR IN WHICH THE AUTHORIZATION IS GRANTED. 10

(D) BY DECEMBER 31 OF EACH YEAR, THE DRAIN COMMISSIONER OR 11

DRAINAGE BOARD SHALL SUBMIT A REPORT TO THE DEPARTMENT THAT 12

INCLUDES THE NAMES OF THE DRAINS ON WHICH ACTIVITIES WERE PERFORMED 13

UNDER THE GENERAL PERMIT DURING THAT CALENDAR YEAR, THE LOCATIONS 14

AND NATURE OF THE ACTIVITIES, AND PLANS AND OTHER DOCUMENTATION 15

DEMONSTRATING THAT THOSE ACTIVITIES MET THE GENERAL PERMIT 16

REQUIREMENTS. 17

(E) A DRAIN COMMISSIONER OR DRAINAGE BOARD IS NOT ELIGIBLE TO 18

BE GRANTED A NEW AUTHORIZATION UNDER THE GENERAL PERMIT IF 19

SIGNIFICANT VIOLATIONS OF THE GENERAL PERMIT UNDER A PREVIOUS 20

AUTHORIZATION GRANTED TO THAT DRAIN COMMISSIONER OR DRAINAGE BOARD 21

HAVE NOT BEEN CORRECTED. 22

(12) (11) As used in this section, "qualifying small dam" 23

means a dam that meets all of the following conditions: 24

(a) The height of the dam is less than 2 feet. 25

(b) The impoundment from the dam covers less than 2 acres. 26

(c) The dam does not serve as the first dam upstream from the 2718

S00930'13 (H-3) TMV Great Lakes or their connecting waterways. 1

(d) The dam is not serving as a sea lamprey barrier. 2

(e) There are no threatened or endangered species that have 3

been identified in the area that will be affected by the project. 4

(f) There are no known areas of contaminated sediments in the 5

area that will be affected by the project. 6

(g) The department has received written permission for the 7

removal of the dam from all riparian property owners adjacent to 8

the dam's impoundment. 9

Sec. 30305. (1) Activities that require a permit under part 10

325 or part 301 or a discharge that is authorized by a discharge 11

permit under section 3112 or 3113 do not require a permit under 12

this part. 13

(2) The following uses are allowed in a wetland without a 14

permit subject to other laws of this state and the owner's 15

regulation: 16

(a) Fishing, trapping, or hunting. 17

(b) Swimming or boating. 18

(c) Hiking. 19

(d) Grazing of animals , INCLUDING FENCING AND POST PLACEMENT 20

IF THE FENCE IS DESIGNED TO CONTROL LIVESTOCK, DOES NOT EXCEED 11 21

FEET IN HEIGHT, AND UTILIZES AN AMOUNT OF MATERIAL THAT DOES NOT 22

EXCEED THAT OF A WOVEN WIRE FENCE UTILIZING 6-INCH VERTICAL SPACING 23

AND POSTS

. 24

(e) Farming, horticulture, silviculture, lumbering, and 25

ranching activities, including plowing, irrigation, irrigation 26

ditching, seeding, cultivating, minor drainage, harvesting for the 2719

S00930'13 (H-3) TMV production of food, fiber, and forest products, or upland soil and 1

water conservation practices. ALL OF THE FOLLOWING APPLY FOR THE 2

PURPOSES OF THIS SUBDIVISION: 3

( i ) BEGINNING OCTOBER 1, 2013, TO BE ALLOWED IN A WETLAND 4

WITHOUT A PERMIT, THESE ACTIVITIES SHALL BE PART OF AN ESTABLISHED 5

ONGOING FARMING, RANCHING, HORTICULTURAL, OR SILVICULTURAL 6

OPERATION. FARMING AND SILVICULTURAL ACTIVITIES ON AREAS LYING 7

FALLOW AS PART OF A CONVENTIONAL ROTATIONAL CYCLE ARE PART OF AN 8

ESTABLISHED ONGOING OPERATION, UNLESS MODIFICATIONS TO THE 9

HYDROLOGICAL REGIME OR MECHANIZED LAND CLEARING ARE NECESSARY TO 10

RESUME OPERATION. ACTIVITIES THAT BRING INTO FARMING, RANCHING, 11

HORTICULTURAL, OR SILVICULTURAL USE AN AREA NOT IN ANY OF THESE 12

USES, OR THAT CONVERT AN AREA FROM A FORESTED OR SILVICULTURAL USE 13

TO A FARMING, RANCHING, OR HORTICULTURAL USE, ARE NOT PART OF AN 14

ESTABLISHED ONGOING OPERATION. 15

( ii ) MINOR DRAINAGE DOES NOT INCLUDE DRAINAGE ASSOCIATED WITH 16

THE IMMEDIATE OR GRADUAL CONVERSION OF A WETLAND TO A NONWETLAND, 17

OR CONVERSION FROM 1 WETLAND USE TO ANOTHER. MINOR DRAINAGE DOES 18

NOT INCLUDE THE CONSTRUCTION OF A CANAL, DITCH, DIKE, OR OTHER 19

WATERWAY OR STRUCTURE THAT DRAINS OR OTHERWISE SIGNIFICANTLY 20

MODIFIES A STREAM, LAKE, OR WETLAND. 21

( iii ) Wetland altered under this subdivision shall not be used 22

for a purpose other than a purpose described in this subsection 23

SECTION without a permit from the department. 24

(f) Maintenance or operation of serviceable structures in 25

existence on October 1, 1980 or constructed pursuant to this part 26

or former 1979 PA 203. 2720

S00930'13 (H-3) TMV (g) Construction or maintenance of farm or stock ponds. 1

(h) Maintenance , operation, or improvement which includes 2

straightening, widening, or deepening of the following which is 3

necessary for the production or harvesting of agricultural 4

products: 5

( i ) An existing private agricultural drain. 6

( ii ) That portion of a drain legally established pursuant to 7

the drain code of 1956, 1956 PA 40, MCL 280.1 to 280.630, which has 8

been constructed or improved for drainage purposes. 9

( iii ) A drain constructed pursuant to other provisions of this 10

part or former 1979 PA 203. OF AN AGRICULTURAL DRAIN, REGARDLESS OF 11

OUTLET, IF ALL OF THE FOLLOWING REQUIREMENTS ARE MET: 12

( i ) THE MAINTENANCE INCLUDES ONLY ACTIVITIES THAT MAINTAIN THE 13

LOCATION, DEPTH, AND BOTTOM WIDTH OF THE DRAIN AS CONSTRUCTED OR 14

MODIFIED AT ANY TIME BEFORE JULY 1, 2014. 15

( ii ) THE MAINTENANCE IS PERFORMED BY THE LANDOWNER OR PURSUANT 16

TO THE DRAIN CODE OF 1956, 1956 PA 40, MCL 280.1 TO 280.630. 17

( iii ) THE MAINTENANCE DOES NOT INCLUDE ANY MODIFICATION THAT 18

RESULTS IN ADDITIONAL WETLAND DRAINAGE OR CONVERSION OF A WETLAND 19

TO A USE TO WHICH IT WAS NOT PREVIOUSLY SUBJECT. 20

(I) MAINTENANCE OF A DRAIN THAT WAS LEGALLY ESTABLISHED AND 21

CONSTRUCTED PURSUANT TO THE DRAIN CODE OF 1956, 1956 PA 40, MCL 22

280.1 TO 280.630, IF THE DRAIN WAS CONSTRUCTED BEFORE JANUARY 1, 23

1973 OR UNDER A PERMIT ISSUED PURSUANT TO THIS PART. AS USED IN 24

THIS SUBDIVISION, "MAINTENANCE OF A DRAIN" MEANS THE PHYSICAL 25

PRESERVATION OF THE LOCATION, DEPTH, AND BOTTOM WIDTH OF A DRAIN 26

AND APPURTENANT STRUCTURES TO RESTORE THE FUNCTION AND APPROXIMATE 2721

S00930'13 (H-3) TMV CAPACITY OF THE DRAIN AS CONSTRUCTED OR MODIFIED AT ANY TIME BEFORE 1

JULY 1, 2014, INCLUDING THE PLACEMENT OF SPOILS REMOVED FROM THE 2

DRAIN IN LOCATIONS ALONG THAT DRAIN WHERE SPOILS HAVE BEEN 3

PREVIOUSLY PLACED. MAINTENANCE OF A DRAIN UNDER THIS SUBDIVISION 4

DOES NOT INCLUDE ANY MODIFICATION THAT RESULTS IN ADDITIONAL 5

WETLAND DRAINAGE OR CONVERSION OF A WETLAND TO A USE TO WHICH IT 6

WAS NOT PREVIOUSLY SUBJECT. 7

(J) (i) Construction or maintenance of farm roads, forest 8

roads, or temporary roads for moving mining or forestry equipment, 9

if the roads are constructed and maintained in a manner to assure 10

ENSURE that any adverse effect on the wetland will be otherwise 11

minimized. 12

(j) Drainage necessary for the production and harvesting of 13

agricultural products if the wetland is owned by a person who is 14

engaged in commercial farming and the land is to be used for the 15

production and harvesting of agricultural products. Except as 16

otherwise provided in this part, wetland improved under this 17

subdivision after October 1, 1980 shall not be used for nonfarming 18

purposes without a permit from the department. This subdivision 19

does not apply to a wetland that is contiguous to a lake or stream, 20

or to a tributary of a lake or stream, or to a wetland that the 21

department has determined by clear and convincing evidence to be a 22

wetland that is necessary to be preserved for the public interest, 23

in which case a permit is required. 24

(k) Maintenance or improvement of public streets, highways, or 25

roads , within the right-of-way and in such a manner as to assure 26

that MEETS ALL OF THE FOLLOWING REQUIREMENTS: 2722

S00930'13 (H-3) TMV ( i ) DOES NOT INCLUDE ANY MODIFICATION THAT CHANGES THE ORIGINAL 1

LOCATION OR FOOTPRINT. 2

( ii ) IS DONE IN A MANNER THAT MINIMIZES any adverse effect on 3

the wetland

. will be otherwise minimized. Maintenance or 4

improvement does not include adding extra lanes, increasing the 5

right-of-way, or deviating from the existing location of the 6

street, highway, or road. 7

( l ) Maintenance

, OR repair , or operation of gas or oil 8

pipelines and construction of gas or oil pipelines having a 9

diameter of 6 inches or less, if the pipelines are constructed, 10

maintained, or repaired OF UTILITY LINES AND ASSOCIATED SUPPORT 11

STRUCTURES THAT MEETS ALL OF THE FOLLOWING REQUIREMENTS: 12

( i ) IS DONE in a manner to assure that MINIMIZES any adverse 13

effect on the wetland

. will be otherwise minimized. 14

( ii ) DOES NOT INCLUDE ANY MODIFICATION TO THE CHARACTER, SCOPE, 15

OR SIZE OF THE ORIGINALLY CONSTRUCTED DESIGN. 16

( iii ) DOES NOT CONVERT A WETLAND AREA TO A USE TO WHICH IT WAS 17

NOT PREVIOUSLY SUBJECT. 18

FOR THE PURPOSES OF THIS SUBDIVISION AND SUBDIVISION (M), "UTILITY 19

LINE" MEANS ANY PIPE OR PIPELINE USED FOR THE TRANSPORTATION OF ANY 20

GASEOUS, LIQUID, LIQUESCENT, OR SLURRY SUBSTANCE, FOR ANY PURPOSE, 21

AND ANY CABLE, LINE, OR WIRE FOR THE TRANSMISSION FOR ANY PURPOSE 22

OF ELECTRICAL ENERGY, TELEPHONE OR TELEGRAPH MESSAGES, OR RADIO OR 23

TELEVISION COMMUNICATION. 24

(m) Maintenance, repair, or operation of electric transmission 25

and distribution power lines and construction of distribution power 26

lines, if the distribution power lines are constructed, maintained, 2723

S00930'13 (H-3) TMV or repaired INSTALLATION OF UTILITY LINES HAVING A DIAMETER OF 6 1

INCHES OR LESS USING DIRECTIONAL DRILLING OR BORING, OR KNIFING-IN, 2

AND THE PLACEMENT OF POLES WITH MINIMAL (LESS THAN 1 CUBIC YARD) 3

STRUCTURE SUPPORT, IF THE UTILITY LINES AND POLES ARE INSTALLED in 4

a manner to assure that MINIMIZES any adverse effect on the 5

wetland

. will be otherwise minimized. DIRECTIONAL DRILLING OR 6

BORING UNDER THIS SUBDIVISION SHALL MEET ALL OF THE FOLLOWING 7

REQUIREMENTS: 8

( i ) THE TOP OF THE UTILITY LINE IS AT LEAST 4 FEET BELOW THE 9

SOIL SURFACE OF THE WETLAND. HOWEVER, IF THE PRESENCE OF ROCK 10

PREVENTS THE PLACEMENT OF THE UTILITY LINE AT THE DEPTH OTHERWISE 11

REQUIRED BY THIS SUBPARAGRAPH, THE BOTTOM OF THE UTILITY LINE IS 12

NOT PLACED HIGHER THAN THE TOP OF THE ROCK. 13

( ii ) THE ENTRY AND EXIT HOLES ARE LOCATED A SUFFICIENT DISTANCE 14

FROM THE WETLAND TO ENSURE THAT DISTURBANCE OF THE WETLAND DOES NOT 15

OCCUR. 16

( iii ) THE OPERATION DOES NOT RESULT IN THE ERUPTION OR RELEASE 17

OF ANY DRILLING FLUIDS UP THROUGH THE GROUND AND INTO THE WETLAND 18

AND THERE IS AN ADEQUATE PLAN TO RESPOND TO ANY RELEASE OF DRILLING 19

MUD OR OTHER FILL MATERIAL. 20

(n) Operation or maintenance, including reconstruction of 21

recently damaged parts, of serviceable dikes and levees in 22

existence on October 1, 1980 or constructed pursuant to this part 23

or former 1979 PA 203. 24

(o) Construction of iron and copper mining tailings basins and 25

water storage areas. PLACEMENT OF BIOLOGICAL RESIDUALS FROM 26

ACTIVITIES, INCLUDING THE CUTTING OF WOODY VEGETATION OR THE IN- 2724

S00930'13 (H-3) TMV PLACE GRINDING OF TREE STUMPS, PERFORMED UNDER THIS SECTION WITHIN 1

A WETLAND, IF ALL THE BIOLOGICAL RESIDUALS ORIGINATE WITHIN THAT 2

WETLAND. 3

(3) An activity in a wetland that was effectively drained for 4

farming before October 1, 1980 and that on and after October 1, 5

1980 has continued to be effectively drained as part of an ongoing 6

farming operation is not subject to regulation under this part. 7

(4) A wetland that is incidentally created as a result of 1 or 8

more of the following activities is not subject to regulation under 9

this part: 10

(a) Excavation for mineral or AS PART OF COMMERCIAL sand

, 11

GRAVEL, OR MINERAL mining, if the area was not a wetland before 12

excavation. This exemption does not include a wetland on or 13

adjacent to a water body of 1 acre or more in size. FROM REGULATION 14

APPLIES UNTIL THE PROPERTY ON WHICH THE WETLAND IS LOCATED MEETS 15

BOTH OF THE FOLLOWING REQUIREMENTS: 16

( i ) IS NO LONGER USED FOR EXCAVATION AS PART OF COMMERCIAL 17

SAND, GRAVEL, OR MINERAL MINING. 18

( ii ) IS BEING USED FOR ANOTHER PURPOSE UNRELATED TO EXCAVATION 19

AS PART OF COMMERCIAL SAND, GRAVEL, OR MINERAL MINING. 20

(b) Construction and operation of a water treatment pond

, or 21

lagoon , OR STORM WATER FACILITY in compliance with the requirements 22

of state or federal water pollution control regulations. LAWS. 23

(c) A diked area associated with a landfill if the landfill 24

complies with the terms of the landfill construction permit and if 25

the diked area was not a wetland before diking. 26

(D) CONSTRUCTION OF DRAINS IN UPLAND FOR THE SOLE PURPOSE OF 2725

S00930'13 (H-3) TMV REMOVING EXCESS SOIL MOISTURE FROM UPLAND AREAS THAT ARE PRIMARILY 1

IN AGRICULTURAL USE. 2

(E) CONSTRUCTION OF ROADSIDE DITCHES IN UPLAND FOR THE SOLE 3

PURPOSE OF REMOVING EXCESS SOIL MOISTURE FROM UPLAND. 4

(F) AN AGRICULTURAL SOIL AND WATER CONSERVATION PRACTICE 5

DESIGNED, CONSTRUCTED, AND MAINTAINED FOR THE PURPOSE OF ENHANCING 6

WATER QUALITY. 7

(5) AN AREA THAT BECOMES CONTIGUOUS TO A WATER BODY CREATED AS 8

A RESULT OF COMMERCIAL EXCAVATION FOR SAND, GRAVEL, OR MINERAL 9

MINING IS NOT SUBJECT TO REGULATION UNDER THIS PART SOLELY BECAUSE 10

IT IS CONTIGUOUS TO THE CREATED WATER BODY. THIS EXEMPTION FROM 11

REGULATION APPLIES UNTIL THE PROPERTY ON WHICH THE WETLAND IS 12

LOCATED MEETS BOTH OF THE FOLLOWING REQUIREMENTS: 13

(A) IS NO LONGER USED FOR EXCAVATION AS PART OF COMMERCIAL 14

SAND, GRAVEL, OR MINERAL MINING. 15

(B) IS BEING USED FOR ANOTHER PURPOSE UNRELATED TO EXCAVATION 16

AS PART OF COMMERCIAL SAND, GRAVEL, OR MINERAL MINING. 17

(6) (5) Except as provided in subsection (6), (7), the 18

following activities are not subject to regulation under this part : 19

by the state: 20

(a) Leveling of sand, removal of vegetation, grooming of soil, 21

or removal of debris, in an area of unconsolidated material 22

predominantly composed of sand, rock, or pebbles, located between 23

the ordinary high-water mark and the water's edge. 24

(b) Mowing of vegetation between the ordinary high-water mark 25

and the water's edge. 26

(7) (6) Subsection (5) (6) does not apply to lands included in 2726

S00930'13 (H-3) TMV the survey of the delta of the St. Clair River, otherwise referred 1

to as the St. Clair flats, located within Clay township, St. Clair 2

county, as provided for in 1899 PA 175. 3

(8) AS USED IN THIS PART, "AGRICULTURAL DRAIN" MEANS A HUMAN4

MADE CONVEYANCE OF WATER THAT MEETS ALL OF THE FOLLOWING 5

REQUIREMENTS: 6

(A) DOES NOT HAVE CONTINUOUS FLOW. 7

(B) FLOWS PRIMARILY AS A RESULT OF PRECIPITATION-INDUCED 8

SURFACE RUNOFF OR GROUNDWATER DRAINED THROUGH SUBSURFACE DRAINAGE 9

SYSTEMS. 10

(C) SERVES AGRICULTURAL PRODUCTION. 11

(D) WAS CONSTRUCTED BEFORE JANUARY 1, 1973 OR WAS CONSTRUCTED 12

IN COMPLIANCE WITH THIS PART OR FORMER 1979 PA 203. 13

Sec. 30306. (1) Except as provided in section 30307(6), to 14

obtain a permit for a use or development listed in section 30304, a 15

person shall file an application with the department on a form 16

provided by the department. The application shall include all of 17

the following: 18

(a) The person's name and address. 19

(b) The location of the wetland. 20

(c) A description of the wetland

. on which the use or 21

development is to be made. 22

(d) A statement and appropriate drawings describing the 23

proposed use or development. 24

(e) The wetland owner's name and address. 25

(f) An environmental assessment of the proposed use or 26

development if requested by the department. The assessment shall 2727

S00930'13 (H-3) TMV include the effects upon wetland benefits and the effects upon the 1

water quality, flow, and levels, and the wildlife, fish, and 2

vegetation within a contiguous lake, river, or stream. 3

(2) For the purposes of subsection (1), a proposed use or 4

development of a wetland shall be covered by a single permit 5

application under this part if the scope, extent, and purpose of a 6

use or development are made known at the time of the application 7

for the permit. 8

(3) Except as provided in subsections (4) and (5), an 9

application for a permit submitted under subsection (1) shall be 10

accompanied by the following APPLICATION fee, as applicable: 11

(a) For a project in a category of activities for which a 12

general permit is issued under section 30312, a fee of 13

$100.00. $50.00. 14

(B) FOR ACTIVITIES INCLUDED IN A MINOR PROJECT CATEGORY 15

ESTABLISHED UNDER SECTION 30312(1), A FEE OF $100.00. 16

(C) (b) For a major project, including any of the following, a 17

fee of $2,000.00: 18

( i ) Filling or draining of 1 acre or more of coastal or inland 19

wetland. 20

( ii ) 10,000 cubic yards or more of wetland fill. 21

( iii ) A new golf course affecting wetland. 22

( iv ) A subdivision affecting wetland. 23

( v ) A condominium affecting wetland. 24

(D) (c) For all other projects, a fee of $500.00. 25

(4) A project that requires review and approval under this 26

part and 1 or more of the following is subject to only the single 2728

S00930'13 (H-3) TMV highest permit fee required under this part or the following: 1

(a) Section 3104. 2

(b) Part 301. 3

(c) Part 323. 4

(d) Part 325. 5

(e) Section 117 of the land division act, 1967 PA 288, MCL 6

560.117. 7

(5) If work has been done in violation of a permit requirement 8

under this part and restoration is not ordered by the department, 9

the department may accept an application for a permit if the 10

application is accompanied by a fee equal to twice the permit 11

APPLICATION fee otherwise required under this section. 12

(6) If the department determines that a permit is not required 13

under this part OR DENIES AN APPLICATION FOR A PERMIT UNDER THIS 14

PART , the department shall promptly refund the APPLICATION fee paid 15

under this section. 16

(7) THE DEPARTMENT MAY ISSUE A CONDITIONAL PERMIT BEFORE THE 17

EXPIRATION OF THE 20-DAY PERIOD REFERRED TO IN SECTION 30307 IF 18

EMERGENCY CONDITIONS WARRANT A PROJECT TO PROTECT PROPERTY OR THE 19

PUBLIC HEALTH, SAFETY, OR WELFARE. 20

Sec. 30306b. (1) If a preapplication meeting is requested in 21

writing by the landowner or another person who is authorized in 22

writing by the landowner, the department shall meet with the person 23

or his or her representatives to review a proposed project or a 24

proposed permit application in its entirety. The preapplication 25

meeting shall take place at the department's district office for 26

the district that includes the project site or at the project site 2729

S00930'13 (H-3) TMV itself, as specified in the request. 1

(2) Except as provided in this subsection, the request shall 2

be accompanied by a fee. The fee for a preapplication meeting at 3

the district office is $150.00. The fee for a preapplication 4

meeting at the project site is $250.00 for the first acre or 5

portion of an acre of project area, plus $50.00 for each acre or 6

portion of an acre in excess of the first acre, but not to exceed a 7

fee of $1,000.00. However, both of the following apply: 8

(a) If the location of the project is a single family 9

residential lot that is less than 1 acre in size, there is no fee 10

for a preapplication meeting at the district office, and the fee 11

for a preapplication meeting at the project site is $100.00. 12

(b) There is no fee for a preapplication meeting for cranberry 13

AND BLUEBERRY production activities, whether at the district office 14

or project site. This subdivision does not apply on or after 15

October 1, 2012. 16

(3) If the person withdraws the request at least 24 hours 17

before the preapplication meeting, the department may agree with 18

the person to reschedule the meeting or shall promptly refund the 19

fee and need not meet as provided in this section. Otherwise, if, 20

after agreeing to the time and place for a preapplication meeting, 21

the person REQUESTING THE MEETING is not represented at the 22

meeting, the person shall forfeit the fee for the meeting. If, 23

after agreeing to the time and place for a preapplication meeting, 24

the department is not represented at the meeting, the department 25

shall refund the fee and send a representative to a rescheduled 26

meeting to be held within 10 days after the first scheduled meeting 2730

S00930'13 (H-3) TMV date. 1

(4) Any written agreement provided by the department as a 2

result of the preapplication meeting regarding the need to obtain a 3

permit is binding on the department for 2 years after the date of 4

the agreement. 5

(5) This section is repealed effective October 1, 2015. 6

Sec. 30311. (1) A permit for an activity listed in section 7

30304 shall not be approved unless the department determines that 8

the issuance of a permit is in the public interest, that the permit 9

is necessary to realize the benefits derived from the activity, and 10

that the activity is otherwise lawful. 11

(2) In determining whether the activity is in the public 12

interest, the benefit which reasonably may be expected to accrue 13

from the proposal shall be balanced against the reasonably 14

foreseeable detriments of the activity. The decision shall reflect 15

the national and state concern for the protection of natural 16

resources from pollution, impairment, and destruction. The 17

following general criteria shall be considered: 18

(a) The relative extent of the public and private need for the 19

proposed activity. 20

(b) The availability of feasible and prudent alternative 21

locations and methods to accomplish the expected benefits from the 22

activity. 23

(c) The extent and permanence of the beneficial or detrimental 24

effects that the proposed activity may have on the public and 25

private uses to which the area is suited, including the benefits 26

the wetland provides. 2731

S00930'13 (H-3) TMV (d) The probable effects of each proposal in relation to the 1

cumulative effects created by other existing and anticipated 2

activities in the watershed. 3

(e) The probable effects on recognized historic, cultural, 4

scenic, ecological, or recreational values and on the public health 5

or fish or wildlife. 6

(f) The size of the wetland being considered. 7

(g) The amount of remaining wetland in the general area. 8

(h) Proximity to any waterway. 9

(i) Economic value, both public and private, of the proposed 10

land change to the general area. 11

(3) In considering a permit application, the department shall 12

give serious consideration to findings of necessity for the 13

proposed activity which have been made by other state agencies. 14

(4) A permit shall not be issued unless it is shown that an 15

unacceptable disruption will not result to the aquatic resources. 16

In determining whether a disruption to the aquatic resources is 17

unacceptable, the criteria set forth in section 30302 and 18

subsection (2) shall be considered. A permit shall not be issued 19

unless the applicant also shows either of the following: 20

(a) The proposed activity is primarily dependent upon being 21

located in the wetland. 22

(b) A feasible and prudent alternative does not exist. 23

(5) If it is otherwise a feasible and prudent alternative, an 24

area A PROPERTY not presently owned by the applicant which could 25

reasonably be obtained, utilized, expanded, or managed in order to 26

fulfill the basic purpose of the proposed activity may be 2732

S00930'13 (H-3) TMV considered. IF ALL OF THE FOLLOWING REQUIREMENTS ARE MET, THERE IS 1

A REBUTTABLE PRESUMPTION THAT ALTERNATIVES LOCATED ON PROPERTY NOT 2

PRESENTLY OWNED BY THE APPLICANT ARE NOT FEASIBLE AND PRUDENT: 3

(A) THE ACTIVITY IS DESCRIBED IN SECTION 30304(A) OR (B). 4

(B) THE ACTIVITY WILL AFFECT NOT MORE THAN 2 ACRES OF WETLAND. 5

(C) THE ACTIVITY IS UNDERTAKEN FOR THE CONSTRUCTION OR 6

EXPANSION OF A SINGLE-FAMILY HOME AND ATTENDANT FEATURES, THE 7

CONSTRUCTION OR EXPANSION OF A BARN OR OTHER FARM BUILDING, OR THE 8

EXPANSION OF A SMALL BUSINESS FACILITY. 9

(D) THE ACTIVITY IS NOT COVERED BY A GENERAL PERMIT. 10

(6) CONSIDERATION OF FEASIBLE AND PRUDENT ALTERNATIVES 11

REGARDING THE SIZE OF A PROPOSED STRUCTURE SHALL BE BASED ON THE 12

FOOTPRINT OF THE STRUCTURE AND NOT THE SQUARE FOOTAGE OF THE 13

STRUCTURE. 14

(7) THE CHOICE OF AND EXTENT OF THE PROPOSED ACTIVITY WITHIN A 15

PROPOSED STRUCTURE SHALL NOT BE CONSIDERED IN DETERMINING FEASIBLE 16

AND PRUDENT ALTERNATIVES. 17

(8) (6) An alternative that entails higher costs, as described 18

in R 281.922a(11) of the Michigan administrative code, is not 19

feasible and prudent if those higher costs are unreasonable. In 20

determining whether such costs are unreasonable, the department 21

shall consider both of the following: 22

(a) The relation of the increased cost to the overall scope 23

and cost of the project. 24

(b) Whether the projected cost is substantially greater than 25

the costs normally associated with the particular type of project. 26

Sec. 30311a. (1) A guideline, bulletin, interpretive 2733

S00930'13 (H-3) TMV statement, or form with instructions under this part shall not be 1

given the force and effect of law. A guideline, bulletin, 2

interpretive statement, or form with instructions under this part 3

is not legally binding on the public or the regulated community and 4

shall not be cited by the department for compliance and enforcement 5

purposes. 6

(2) Within 1 year after the effective date of the 2009 7

amendatory act that added this subsection, the department shall 8

adopt a new guidance document for the evaluation of feasible and 9

prudent alternatives. The guidance document shall be consistent 10

with findings and recommendations of the United States 11

environmental protection agency's region 5 review of the program 12

under this part. The department shall develop the guidance document 13

in consultation with interested parties, including the council. 14

(3) Before the guidance document under subsection (2) takes 15

effect, the department shall not deny an application for a permit 16

required under section 30304 because of the availability of a 17

feasible and prudent alternative based solely on consideration of 18

statewide alternatives, higher cost, or reduced profit unless both 19

of the following apply: 20

(a) The proposed denial has been reviewed by a department 21

deputy director. 22

(b) The department has requested information from the Michigan 23

economic development corporation and applicable regional and local 24

economic development authorities relative to the project and 25

considered the information received. 26

(4) Before the guidance document under subsection (2) takes 2734

S00930'13 (H-3) TMV effect, the processing period specified under section 1301 for a 1

permit required under section 30304 is extended if department staff 2

have proposed denying the permit for reasons set forth in 3

subsection (7). Notwithstanding section 1307(1), the extension 4

shall be for not more than 45 days. 5

(5) The department shall not file a request for rule-making 6

under section 39 of the administrative procedures act, 1969 PA 306, 7

MCL 24.239, for rules addressing the evaluation of feasible and 8

prudent alternatives before October 1, 2012. 9

Sec. 30311d. (1) The department may impose as a condition on 10

any permit, other than a general permit, under this part a 11

requirement for compensatory wetland mitigation. The department may 12

approve 1 or more of the following methods of compensatory wetland 13

mitigation: 14

(a) The acquisition of approved credits from a wetland 15

mitigation bank. The department shall not require a permit 16

applicant to provide compensatory wetland mitigation under 17

subdivision (b), (c), or (d) if the applicant prefers and qualifies 18

to use approved credits from the wetland mitigation bank to provide 19

required compensatory wetland mitigation under this subdivision. 20

(b) The restoration of previously existing wetland. The 21

restoration of previously existing wetland is preferred over the 22

creation of new wetland where none previously existed. 23

(c) The creation of new wetlands, if the permit applicant 24

demonstrates that ecological conditions necessary for establishment 25

of a self-sustaining wetland ecosystem exist or will be created. 26

(d) The preservation of exceptional wetlands. 2735

S00930'13 (H-3) TMV (2) If compensatory wetland mitigation under subsection 1

(1)(b), (c), or (d) is required, a permit applicant shall submit a 2

mitigation plan to the department for approval. In approving a 3

compensatory mitigation plan, the department shall consider how the 4

location and type of wetland mitigation supports the sustainability 5

or improvement of aquatic resources in the watershed where the 6

activity is permitted. The permit applicant shall provide for 7

permanent protection of the wetland mitigation site. The department 8

may accept a conservation easement to protect wetland mitigation 9

and associated upland. 10

(3) If a permittee carries out compensatory wetland mitigation 11

under subsection (1)(b), (c), or (d) in cooperation with public 12

agencies, private organizations, or other parties, the permittee 13

remains responsible for the compensatory wetland mitigation to the 14

extent otherwise provided by law. 15

(4) The department may require financial assurance to ensure 16

that compensatory wetland mitigation is accomplished as specified. 17

To ensure that wetland benefits are replaced by compensatory 18

wetland mitigation, the department may release financial assurance 19

only after the permit applicant or mitigation bank sponsor has 20

completed monitoring of the mitigation site and demonstrated 21

compliance with performance standards in accordance with a schedule 22

in the permit or mitigation banking agreement. 23

(5) IF COMPENSATORY WETLAND MITIGATION IS REQUIRED, IN SETTING 24

THE MITIGATION RATIO THE DEPARTMENT SHALL CONSIDER THE METHOD OF 25

COMPENSATORY MITIGATION, THE LIKELIHOOD OF SUCCESS, DIFFERENCES 26

BETWEEN THE FUNCTIONS LOST AT THE IMPACTED SITE AND THE FUNCTIONS 2736

S00930'13 (H-3) TMV EXPECTED TO BE PRODUCED BY THE COMPENSATORY MITIGATION PROJECT, 1

TEMPORARY LOSSES OF AQUATIC RESOURCE FUNCTIONS, THE DIFFICULTY OF 2

RESTORING OR ESTABLISHING THE DESIRED AQUATIC RESOURCE TYPE AND 3

FUNCTIONS, AND THE DISTANCE BETWEEN THE AFFECTED AQUATIC RESOURCE 4

AND THE MITIGATION SITE. 5

(6) FOR AGRICULTURAL ACTIVITIES, A PERMIT APPLICANT MAY 6

PROVIDE FOR PROTECTION AND RESTORATION OF THE IMPACTED SITE UNDER A 7

CONSERVATION EASEMENT WITH THE DEPARTMENT AS PART OF MITIGATION 8

REQUIREMENTS. A PERMIT APPLICANT MAY MAKE A PAYMENT INTO THE 9

STEWARDSHIP FUND, IF ESTABLISHED UNDER SUBSECTION (7), AS PART OF 10

MITIGATION REQUIREMENTS, AS AN ALTERNATIVE TO PROVIDING FINANCIAL 11

ASSURANCES REQUIRED UNDER SUBSECTION (4). 12

(7) THE DEPARTMENT MAY ESTABLISH A STEWARDSHIP FUND IN THE 13

STATE TREASURY. THE STATE TREASURER MAY RECEIVE MONEY OR OTHER 14

ASSETS FROM ANY SOURCE FOR DEPOSIT INTO THE FUND. THE STATE 15

TREASURER SHALL DIRECT THE INVESTMENT OF THE FUND. THE STATE 16

TREASURER SHALL CREDIT TO THE FUND INTEREST AND EARNINGS FROM FUND 17

INVESTMENTS. MONEY IN THE FUND AT THE CLOSE OF THE FISCAL YEAR 18

SHALL REMAIN IN THE FUND AND SHALL NOT LAPSE TO THE GENERAL FUND. 19

THE DEPARTMENT SHALL BE THE ADMINISTRATOR OF THE FUND FOR AUDITING 20

PURPOSES. THE DEPARTMENT SHALL EXPEND MONEY FROM THE FUND, UPON 21

APPROPRIATION, ONLY TO DEVELOP MITIGATION FOR IMPACTED SITES OR AS 22

AN ALTERNATIVE TO FINANCIAL ASSURANCE REQUIRED UNDER SUBSECTION 23

(4). 24

(8) BY 1 YEAR AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT 25

THAT ADDED THIS SUBSECTION, THE DEPARTMENT SHALL SUBMIT TO THE 26

OFFICE OF REGULATORY REFORM FOR INFORMAL REVIEW REVISED 2737

S00930'13 (H-3) TMV ADMINISTRATIVE RULES ON MITIGATION THAT DO ALL OF THE FOLLOWING: 1

(A) REDUCE THE PREFERENCE FOR ON-SITE MITIGATION. 2

(B) ALLOW FLEXIBILITY IN MITIGATION RATIOS FOR USES OF 3

WETLANDS. 4

(C) ALLOW A REDUCTION OF MITIGATION RATIOS WHEN APPROVED 5

CREDITS FROM A WETLAND MITIGATION BANK ARE USED. 6

(D) ALLOW CONSIDERATION OF ADDITIONAL ECOLOGICALLY BENEFICIAL 7

FEATURES. 8

(E) ALLOW ANY EXCESS MITIGATION FOR ANY PROJECT TO BE CREDITED 9

TO ANOTHER PROJECT AS A LATER DATE. 10

(9) THE DEPARTMENT SHALL SUBMIT REVISED ADMINISTRATIVE RULES 11

THAT ENCOURAGE THE DEVELOPMENT OF WETLAND MITIGATION BANKS TO THE 12

OFFICE OF REGULATORY REFORM FOR INFORMAL REVIEW WITHIN 1 YEAR AFTER 13

THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS 14

SUBSECTION. THE RULES SHALL DO ALL OF THE FOLLOWING: 15

(A) ENLARGE MITIGATION BANK SERVICE AREAS. HOWEVER, A SERVICE 16

AREA SHALL BE LOCATED WITHIN THE SAME WATERSHED OR ECOREGION AS THE 17

PERMITTED PROJECT OR ACTIVITY, ENSURE NO NET LOSS OF THE WETLAND 18

RESOURCES, AND PROTECT THE PREDOMINANT WETLAND FUNCTIONS OF THE 19

SERVICE AREA. THE DEPARTMENT SHALL CONSIDER ENLARGING THE SIZE OF 20

ECOREGIONS FOR MITIGATION BANK SERVICE AREAS. 21

(B) ALLOW EARLIER RELEASE OF CREDITS IF THE BENEFITS OF A 22

MITIGATION BANK HAVE BEEN PROPERLY ESTABLISHED AND THE CREDITS ARE 23

REVOCABLE OR COVERED BY A FINANCIAL ASSURANCE. 24

(C) ALLOW WETLAND PRESERVATION TO BE USED IN AREAS WHERE 25

WETLAND RESTORATION OPPORTUNITIES DO NOT EXIST, IF AN UNACCEPTABLE 26

DISRUPTION OF THE AQUATIC RESOURCES WILL NOT RESULT. 2738

S00930'13 (H-3) TMV (10) THE DEPARTMENT SHALL ESTABLISH A WETLAND MITIGATION BANK 1

FUNDING PROGRAM UNDER PART 52 THAT PROVIDES GRANTS AND LOANS TO 2

ELIGIBLE MUNICIPALITIES FOR THE PURPOSES OF ESTABLISHING MITIGATION 3

BANKS. 4

Sec. 30312. (1) After providing notice and an opportunity for 5

a public hearing, the department shall establish minor project 6

categories of activities that are similar in nature, have minimal 7

adverse environmental effects when performed separately, and will 8

have only minimal cumulative adverse effects on the environment. 9

The department may act upon an application received pursuant to 10

section 30306 for an activity within a minor project category 11

without holding a public hearing or providing notice pursuant to 12

section 30307(1) or (3). A minor project category shall not be 13

valid for more than 5 years, but may be reestablished. All other 14

provisions of this part, except provisions applicable only to 15

general permits, are applicable to a minor project. 16

(2) The department, after notice and opportunity for a public 17

hearing, shall issue general permits on a statewide basis or within 18

a local unit of government for a category of activities if the 19

department determines that the activities are similar in nature, 20

will cause only minimal adverse environmental effects when 21

performed separately, and will have only minimal cumulative adverse 22

effects on the environment. A general permit shall be based on the 23

requirements of this part and the rules promulgated under this 24

part, and shall set forth the requirements and standards that shall 25

apply to an activity authorized by the general permit. A general 26

permit shall not be valid for more than 5 years, but may be 2739

S00930'13 (H-3) TMV reissued. 1

(3) Before authorizing a specific project to proceed under a 2

general permit, the department may provide notice pursuant to 3

section 30307(3) but shall not hold a public hearing and shall not 4

typically require a site inspection. The department shall issue an 5

authorization under a general permit if the conditions of the 6

general permit and the requirements of section 30311 are met. 7

However, in determining whether to issue an authorization under a 8

general permit, the department shall not consider off-site 9

alternatives to be feasible and prudent alternatives. 10

(4) If the department determines that activity in a proposed 11

project, although within a minor project category or a general 12

permit, is likely to cause more than minimal adverse effects on 13

aquatic resources, including high-value aquatic habitats, the 14

department may require that the application be processed under 15

section 30307. 16

(5) The department shall coordinate general permit and minor 17

project categories under this part and parts 301 and 325 AND MAY 18

DEVELOP AND MAINTAIN NEW GENERAL PERMIT AND MINOR PROJECT 19

CATEGORIES consistent with nationwide permits, as appropriate. THE 20

DEPARTMENT MAY ALTER THE SCOPE OF THE ACTIVITIES COVERED UNDER 21

GENERAL PERMIT AND MINOR PROJECT CATEGORIES CORRESPONDING TO 22

NATIONWIDE PERMITS IF ANY ADVERSE ENVIRONMENTAL EFFECTS WILL BE 23

MINIMAL. 24

(6) THE DEPARTMENT SHALL DEVELOP BY OCTOBER 1, 2013 AND 25

MAINTAIN A GENERAL PERMIT FOR ALTERATION OF WETLAND FOR BLUEBERRY 26

FARMING THAT INCLUDES MINIMAL DRAINAGE AND EARTH MOVING IF ALL OF 2740

S00930'13 (H-3) TMV THE FOLLOWING REQUIREMENTS ARE MET: 1

(A) THE WETLAND WILL BE RESTORED WHEN FARMING ACTIVITIES IN 2

THE WETLAND CEASE. 3

(B) THE FARMED WETLAND IS PLACED UNDER CONSERVATION EASEMENT 4

PROTECTION UNTIL THE WETLAND IS RESTORED WHEN FARMING ACTIVITIES 5

CEASE. 6

(C) ACTIVITIES THAT CONVERT THE WETLAND TO A NONWETLAND ARE 7

PROHIBITED. 8

(D) ROADS, DITCHES, RESERVOIRS, PUMP HOUSES, AND SECONDARY 9

SUPPORT FACILITIES FOR SHIPPING, STORAGE, PACKAGING, PARKING, AND 10

SIMILAR PURPOSES ARE PROHIBITED UNLESS AUTHORIZED UNDER SECTION 11

30305. 12

(7) BY DECEMBER 31, 2013, THE DEPARTMENT SHALL PROPOSE NEW 13

GENERAL PERMITS OR MINOR PROJECT CATEGORIES FOR CONVERSION OF 14

WETLAND TO BLUEBERRY FARMING OR OTHER AGRICULTURE THAT INCLUDES 15

MORE THAN MINIMAL DRAINAGE OR EARTH MOVING. 16

Sec. 30312d. (1) The department shall develop a program to 17

facilitate ecologically responsible voluntary wetland restoration 18

and enhancement projects in coordination with state, federal, 19

tribal, and nongovernmental groups specializing in wetland 20

restoration and conservation. The program shall include, but not be 21

limited to, enhancing coordination, consistency, and operational 22

procedures and improving and streamlining the permitting process, 23

to facilitate a net gain in wetland quantity, quality, or both. 24

(2) THE DEPARTMENT SHALL DEVELOP A BLUEBERRY PRODUCTION 25

ASSISTANCE PROGRAM TO PROVIDE WETLAND DELINEATION AND 26

PREAPPLICATION SERVICES AND ASSISTANCE WITH AVOIDANCE AND 2741

S00930'13 (H-3) TMV MINIMIZATION. THE DEPARTMENT SHALL COORDINATE THIS PROGRAM WITH THE 1

DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT. THE DEPARTMENT 2

SHALL ALSO PROVIDE EDUCATION AND OUTREACH ON WETLAND REGULATIONS 3

AND AGRICULTURAL ACTIVITIES AND ASSIST INTERESTED PARTIES WITH THE 4

DEVELOPMENT OF WETLAND MITIGATION BANKS FOR THE PURPOSE OF 5

PROVIDING REQUIRED COMPENSATORY MITIGATION FOR AGRICULTURAL 6

IMPACTS. 7

Sec. 30321. (1) The department shall make or cause to be made 8

a preliminary inventory of all wetland in this state on a county by 9

county basis and file the inventory with the agricultural extension 10

office, register of deeds, and county clerk. 11

(2) At least 2 hearings shall be held in each state planning 12

and development region created by Executive Directive No. 1973-1. 13

The hearing shall be held by the department after publication and 14

due notice so that interested parties may comment on the inventory. 15

After the hearings, the department shall issue a final inventory

, 16

which shall be sent TO and kept by the agricultural extension 17

office, register of deeds, and county clerk. Legislators shall 18

receive an inventory of a county or regional classification for 19

their districts including both preliminary and final inventories 20

unless the legislators request not to receive the materials. 21

(3) Before an inventory is made of a county, a A person who 22

owns or leases a parcel of property located in that county may 23

request that the department of environmental quality assess whether 24

the parcel of property or a portion of the parcel is wetland. The 25

request shall satisfy all of the following requirements: 26

(a) Be made on a form provided by the department. 2742

S00930'13 (H-3) TMV (b) Be signed by the person who owns or leases the property. 1

(c) Contain a legal description of the parcel and, if only a 2

portion of the parcel is to be assessed, a description of the 3

portion to be assessed. 4

(d) Include a map showing the location of the parcel. 5

(e) Grant the department or its agent permission to enter on 6

the parcel for the purpose of conducting the assessment. 7

(4) The department shall assess the parcel within a reasonable 8

time after the request is made. The department may enter upon the 9

parcel to conduct the assessment. Upon completion of the 10

assessment, the department shall provide the person with a written 11

assessment report. The assessment report shall do all of the 12

following: 13

(a) Identify in detail the location of any wetland in the area 14

assessed. 15

(b) If wetland is present in the area assessed, describe the 16

types of activities that require a permit under this part. 17

(c) If the assessment report determines that the area assessed 18

or part of the area assessed is not wetland, state that the 19

department lacks jurisdiction under this part as to the area that 20

the report determines is not wetland and that this determination is 21

binding on the department for 3 years from the date of the 22

assessment. 23

(d) Contain the date of the assessment. 24

(e) Advise that the person may request the department to 25

reassess the parcel or any part of the parcel that the person 26

believes was erroneously determined to be wetland if the request is 2743

S00930'13 (H-3) TMV accompanied by evidence pertaining to wetland vegetation, soils, or 1

hydrology that is different from or in addition to the information 2

relied upon by the department. 3

(f) Advise that the assessment report does not constitute a 4

determination of wetland that may be regulated under local 5

ordinance or wetland areas that may be regulated under federal law 6

and advise how a determination of wetland areas regulated under 7

federal law may be obtained. 8

(g) List regulatory programs that may limit land use 9

activities on the parcel, advise that the list is not exhaustive, 10

and advise that the assessment report does not constitute a 11

determination of jurisdiction under those programs. The regulatory 12

programs listed shall be those under the following parts: 13

( i ) Part 31, with respect to floodplains and floodways. 14

( ii ) Part 91. 15

( iii ) Part 301. 16

( iv ) Part 323. 17

( v ) Part 325. 18

( vi ) Part 353. 19

(5) A WETLAND IS NOT CONTIGUOUS TO THE GREAT LAKES OR LAKE ST. 20

CLAIR, AN INLAND LAKE OR POND, OR A RIVER OR STREAM IF THE 21

DEPARTMENT DETERMINES THAT THERE IS NO DIRECT PHYSICAL CONTACT AND 22

NO SURFACE WATER OR INTERFLOWING GROUNDWATER CONNECTION TO SUCH A 23

BODY OF WATER. A PERSON MAY REQUEST THAT, AS PART OF AN ASSESSMENT, 24

THE DEPARTMENT MAKE A DETERMINATION WHETHER A WETLAND IS NOT 25

CONTIGUOUS. THE DEPARTMENT SHALL MAKE THE DETERMINATION IN WRITING 26

WITHIN 30 DAYS AFTER AN ON-SITE EVALUATION. 2744

S00930'13 (H-3) TMV (6) THE DEPARTMENT SHALL NOT CONSIDER AN AGRICULTURAL DRAIN, 1

AS DEFINED IN SECTION 30305, IN DETERMINING WHETHER A WETLAND IS 2

CONTIGUOUS TO THE GREAT LAKES OR LAKE ST. CLAIR, AN INLAND LAKE OR 3

POND, OR A RIVER OR STREAM. 4

(7) A DRAINAGE STRUCTURE SUCH AS A CULVERT, DITCH, OR CHANNEL, 5

IN AND OF ITSELF, IS NOT A WETLAND. A TEMPORARY OBSTRUCTION OF 6

DRAINAGE, IN AND OF ITSELF, IS NOT A WETLAND UNTIL THE PRESENCE OF 7

WATER IS OF SUFFICIENT FREQUENCY AND DURATION TO BE IDENTIFIED AS 8

WETLAND PURSUANT TO SECTION 30301(2). 9

(8) (5) A person may request the department to reassess any 10

area assessed under subsections (3) and (4) that the person 11

believes the department erroneously determined to be wetland. The 12

requirements of subsections (3) and (4) apply to the request, 13

assessment, and assessment report. However, the request shall be 14

accompanied by evidence pertaining to wetland vegetation, soils, or 15

hydrology that is different from or in addition to the information 16

relied upon by the department. The assessment report shall not 17

contain the information required by subsection (4)(e). 18

(9) (6) If an assessment report determines that the area 19

assessed or part of the area assessed is not a wetland regulated by 20

the department under this part, then the area determined by the 21

assessment report not to be a wetland is not a wetland regulated by 22

the department under this part for a period of 3 years after the 23

date of the assessment. 24

(10) (7) The department may charge a fee for an assessment 25

requested under subsection (3) based upon the cost to the 26

department of conducting an assessment. 2745

S00930'13 (H-3) TMV (11) THERE SHALL BE NO FEE FOR AN ASSESSMENT UNDER THE 1

BLUEBERRY PRODUCTION ASSISTANCE PROGRAM. 2

(12) THE DEPARTMENT SHALL, UPON REQUEST OF THE APPLICANT AND 3

WITHOUT CHARGE, PROVIDE TO THE APPLICANT A COPY OF ANY DELINEATION 4

FORMS COMPLETED BY THE DEPARTMENT ASSOCIATED WITH A PERMIT 5

APPLICATION. 6

SEC. 30328. FOR THE PURPOSES OF THIS PART, THE POWERS, DUTIES, 7

FUNCTIONS, AND RESPONSIBILITIES EXERCISED BY THE DEPARTMENT BECAUSE 8

OF FEDERAL APPROVAL OF MICHIGAN'S PERMIT PROGRAM UNDER SECTION 9

404(G) AND (H) OF THE FEDERAL WATER POLLUTION CONTROL ACT, 33 USC 10

1344, APPLY ONLY TO "NAVIGABLE WATERS" AND "WATERS OF THE UNITED 11

STATES" AS DEFINED UNDER SECTION 502(7) OF THE FEDERAL WATER 12

POLLUTION CONTROL ACT, 33 USC 1362, AND FURTHER REFINED BY 13

FEDERALLY PROMULGATED RULES AND COURT DECISIONS THAT HAVE THE FULL 14

EFFECT AND FORCE OF FEDERAL LAW. DETERMINING WHETHER ADDITIONAL 15

REGULATION IS NECESSARY TO PROTECT MICHIGAN WATERS BEYOND THE SCOPE 16

OF FEDERAL LAW IS THE RESPONSIBILITY OF THE MICHIGAN LEGISLATURE 17

BASED ON ITS DETERMINATION OF WHAT IS IN THE BEST INTEREST OF THE 18

CITIZENS OF THIS STATE. 19

Sec. 32513. (1) To obtain a permit for any work or connection 20

specified in section 32512, a person shall file an application with 21

the department on a form provided by the department. The 22

application shall include all of the following: 23

(a) The name and address of the applicant. 24

(b) The legal description of the lands included in the 25

project. 26

(c) A summary statement of the purpose of the project. 2746

S00930'13 (H-3) TMV (d) A map or diagram showing the proposal on an adequate scale 1

with contours and cross-section profiles of any waterway to be 2

constructed. 3

(e) Other information required by the department. 4

(2) Except as provided in subsections (3) and (4), until 5

October 1, 2015, an application for a permit under this section 6

shall be accompanied by the following fee, as applicable: 7

(a) For a project in a category of activities for which a 8

general permit is issued under section 32512a, a fee of 9

$100.00. $50.00. 10

(b) For activities included in a minor project category 11

ESTABLISHED UNDER SECTION 32512A(1) , a fee of $50.00. $100.00. 12

(c) For construction or expansion of a marina, a fee of: 13

( i ) $50.00 for an expansion of 1-10 slips to an existing 14

permitted marina. 15

( ii ) $100.00 for a new marina with 1-10 proposed marina slips. 16

( iii ) $250.00 for an expansion of 11-50 slips to an existing 17

permitted marina, plus $10.00 for each slip over 50. 18

( iv ) $500.00 for a new marina with 11-50 proposed marina slips, 19

plus $10.00 for each slip over 50. 20

( v ) $1,500.00 if an existing permitted marina proposes 21

maintenance dredging of 10,000 cubic yards or more, unless the 22

dredge material has been determined through testing to be 90% or 23

more sand, or the addition of seawalls, bulkheads, or revetments of 24

500 feet or more. 25

(d) For major projects other than a project described in 26

subdivision (c)( v ), involving any of the following, a fee of 2747

S00930'13 (H-3) TMV $2,000.00: 1

( i ) Dredging of 10,000 cubic yards or more, unless the dredge 2

material has been determined through testing to be 90% or more 3

sand. 4

( ii ) Filling of 10,000 cubic yards or more. 5

( iii ) Seawalls, bulkheads, or revetment of 500 feet or more. 6

( iv ) Filling or draining of 1 acre or more of coastal wetland. 7

( v ) New dredging or upland boat basin excavation in areas of 8

suspected contamination. 9

( vi ) New breakwater or channel jetty. 10

( vii ) Shore protection, such as groins and underwater 11

stabilizers, that extend 150 feet or more on Great Lakes 12

bottomlands. 13

( viii ) New commercial dock or wharf of 300 feet or more in 14

length. 15

(e) For all other projects not listed in subdivisions (a) to 16

(d), $500.00. 17

(3) A project that requires review and approval under this 18

part and 1 or more of the following is subject to only the single 19

highest permit fee required under this part or the following: 20

(A) SECTION 3104. 21

(B) (a) Part 301. 22

(C) (b) Part 303. 23

(D) (c) Part 323. 24

(d) Section 3104. 25

(e) Section 117 of the land division act, 1967 PA 288, MCL 26

560.117. 2748

S00930'13 (H-3) Final Page TMV Senate Bill No. 163 (H-3) as amended June 12, 2013

(4) If work has been done in violation of a permit requirement 1

under this part and restoration is not ordered by the department, 2

the department may accept an application for a permit if the 3

application is accompanied by a fee equal to 2 times the permit fee 4

otherwise required under this section. 5

(5) The department shall forward all fees collected under this 6

section to the state treasurer for deposit into the land and water 7

management permit fee fund created in section 30113. 8

Enacting section 1. Section 30325 of the natural resources and 9

environmental protection act, 1994 PA 451, MCL 324.30325, is 10

repealed. 11

[ 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). ]