reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-INLAND-WATERS - Inland Waters (324.30101...324.31713) › 451-1994-III-1-INLAND-WATERS-303 - Part 303 Wetlands Protection (324.30301...324.30329) › Section 324.30313b - Minor Permit Revisions.

***** 324.30313b THIS SECTION IS REPEALED BY ACT 98 OF 2013 EFFECTIVE 160 DAYS AFTER THE EFFECTIVE DATE, AS PUBLISHED IN THE FEDERAL REGISTER, OF AN ORDER BY THE ADMINISTRATOR OF THE UNITED STATES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). (See enacting section 2 of Act 98 of 2013.) *****
324.30313b Minor permit revisions.
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.
History:
Add. 2006, Act 431, Imd. Eff. Oct. 5, 2006
Popular Name:
Act 451
Popular Name:
NREPA
Popular Name:
Wetland Protection Act
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-INLAND-WATERS - Inland Waters (324.30101...324.31713) › 451-1994-III-1-INLAND-WATERS-303 - Part 303 Wetlands Protection (324.30301...324.30329) › Section 324.30314 - Information Required to Obtain Compliance With Part; Conditions for Entering on Premises.

***** 324.30314 THIS SECTION IS REPEALED BY ACT 98 OF 2013 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). (See enacting section 2 of Act 98 of 2013.) *****
324.30314 Information required to obtain compliance with part; conditions for entering on 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) The department may enter on, upon, or through the premises on which an activity listed in section 30304 is located or on which information required to be maintained under subsection (1) is located under any of the following circumstances, as applicable:
(a) Upon obtaining a search warrant, an administrative warrant issued by the director of the department, or the consent of the person who owns or controls the premises.
(b) If there is an imminent threat to the public health or environment.
(c) Upon reasonable cause, if the wetland is a water of the United States as that term is used in section 502(7) of the federal water pollution control act, 33 USC 1362.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995 ;-- Am. 2018, Act 631, Eff. Mar. 29, 2019
Popular Name:
Act 451
Popular Name:
NREPA
Popular Name:
Wetland Protection Act
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-INLAND-WATERS - Inland Waters (324.30101...324.31713) › 451-1994-III-1-INLAND-WATERS-303 - Part 303 Wetlands Protection (324.30301...324.30329) › Section 324.30315 - Violation; Order Requiring Compliance; Civil Action.

***** 324.30315 THIS SECTION IS REPEALED BY ACT 98 OF 2013 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). (See enacting section 2 of Act 98 of 2013.) *****
324.30315 Violation; order requiring compliance; civil action.
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, 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).
(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.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
Popular Name:
Wetland Protection Act
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-INLAND-WATERS - Inland Waters (324.30101...324.31713) › 451-1994-III-1-INLAND-WATERS-303 - Part 303 Wetlands Protection (324.30301...324.30329) › Section 324.30318 - Revaluation of Property for Assessment Purposes.

***** 324.30318 THIS SECTION IS REPEALED BY ACT 98 OF 2013 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). (See enacting section 2 of Act 98 of 2013.) *****
324.30318 Revaluation of property for assessment purposes.
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.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
Popular Name:
Wetland Protection Act
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-INLAND-WATERS - Inland Waters (324.30101...324.31713) › 451-1994-III-1-INLAND-WATERS-303 - Part 303 Wetlands Protection (324.30301...324.30329) › Section 324.30319 - Rules; Hearing; Award of Costs; Judicial Review; Proceedings to Protect Wetland Owner's Rights.

***** 324.30319 THIS SECTION IS REPEALED BY ACT 98 OF 2013 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). (See enacting section 2 of Act 98 of 2013.) *****
324.30319 Rules; hearing; award of costs; judicial review; proceedings to protect wetland owner's rights.
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, 1969 PA 306, MCL 24.201 to 24.328.
(3) The award of costs in a contested case under this part and the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, is subject to chapter 8 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.321 to 24.328. However, regardless of whether the department's position was substantially justifiable, reasonable expert professional witness fees, as determined by the presiding officer, shall be awarded to a landowner that prevails on the issue of whether the landowner's property is wetland.
(4) A determination, action, or inaction by the department following the hearing is subject to judicial review as provided in the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(5) 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 if necessary to protect the wetland owner's rights.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995 ;-- Am. 2018, Act 631, Eff. Mar. 29, 2019
Popular Name:
Act 451
Popular Name:
NREPA
Popular Name:
Wetland Protection Act
Admin Rule:
R 281.921 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-INLAND-WATERS - Inland Waters (324.30101...324.31713) › 451-1994-III-1-INLAND-WATERS-303 - Part 303 Wetlands Protection (324.30301...324.30329) › Section 324.30320 - Inventories of Wetland; Use; Updating; Maps, Ground Surveys, and Descriptions as Public Documents; Availability and Cost of Aerial Photographs and Satellite Telemetry Data Reproduction to County Register of Deeds.

***** 324.30320 THIS SECTION IS REPEALED BY ACT 98 OF 2013 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). (See enacting section 2 of Act 98 of 2013.) *****
324.30320 Inventories of wetland; use; updating; maps, ground surveys, and descriptions as public documents; availability and cost of aerial photographs and satellite telemetry data reproduction to county register of deeds.
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.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
Popular Name:
Wetland Protection Act
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-INLAND-WATERS - Inland Waters (324.30101...324.31713) › 451-1994-III-1-INLAND-WATERS-303 - Part 303 Wetlands Protection (324.30301...324.30329) › Section 324.30322 - Notice to Owners of Record of Change in Status of Property.

***** 324.30322 THIS SECTION IS REPEALED BY ACT 98 OF 2013 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). (See enacting section 2 of Act 98 of 2013.) *****
324.30322 Notice to owners of record of change in status of property.
Sec. 30322.
As wetland inventories are completed as specified in section 30321, 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.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
Popular Name:
Wetland Protection Act
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-INLAND-WATERS - Inland Waters (324.30101...324.31713) › 451-1994-III-1-INLAND-WATERS-303 - Part 303 Wetlands Protection (324.30301...324.30329) › Section 324.30325 - Repealed. 2013, Act 98, Imd. Eff. July 2, 2013.

324.30325 Repealed. 2013, Act 98, Imd. Eff. July 2, 2013.
Compiler's Notes:
The repealed section pertained to agreement with United States environmental protection agency to expand categories of discharge subject to waiver.
Popular Name:
Act 451
Popular Name:
NREPA
Popular Name:
Wetland Protection Act
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-INLAND-WATERS - Inland Waters (324.30101...324.31713) › 451-1994-III-1-INLAND-WATERS-303 - Part 303 Wetlands Protection (324.30301...324.30329) › Section 324.30327 - Certifications by Department Under Federal Water Pollution Control Act.

***** 324.30327 THIS SECTION IS REPEALED BY ACT 98 OF 2013 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). (See enacting section 2 of Act 98 of 2013.) *****
324.30327 Certifications by department under federal water pollution control act.
Sec. 30327.
The department may provide certifications under section 401 of title IV of the federal water pollution control act, 33 USC 1341.
History:
Add. 2009, Act 120, Eff. Nov. 6, 2009
Compiler's Notes:
Enacting section 1 of Act 120 of 2009 provides:"Enacting section 1. This amendatory act does not take effect unless both of the following requirements are met:"(a) $4,000,000.00 from the cleanup and redevelopment trust fund created in section 3e of 1976 IL 1, MCL 445.573e, and $4,000,000.00 from the community pollution prevention fund created in section 3f of 1976 IL 1, MCL 445.573f, is appropriated by the legislature to the environmental protection fund created in section 503a of the natural resources and environmental protection act, 1994 PA 451, MCL 324.503a."(b) $2,000,000.00 is appropriated by the legislature from the environmental protection fund to support the program under part 303 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.30301 to 324.30329."
Popular Name:
Act 451
Popular Name:
NREPA
Popular Name:
Wetland Protection Act
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-INLAND-WATERS - Inland Waters (324.30101...324.31713) › 451-1994-III-1-INLAND-WATERS-303 - Part 303 Wetlands Protection (324.30301...324.30329) › Section 324.30328 - Applicability to "Navigable Waters" and "Waters of the United States" as Defined Under Federal Law.

***** 324.30328 THIS SECTION IS REPEALED BY ACT 98 OF 2013 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). (See enacting section 2 of Act 98 of 2013.) *****
324.30328 Applicability to "navigable waters" and "waters of the United States" as defined under federal law.
Sec. 30328.
For the purposes of this part, the powers, duties, functions, and responsibilities exercised by the department because of federal approval of Michigan's permit program under section 404(g) and (h) of the federal water pollution control act, 33 USC 1344, apply only to "navigable waters" and "waters of the United States" as defined under section 502(7) of the federal water pollution control act, 33 USC 1362, and further refined by federally promulgated rules and court decisions that have the full effect and force of federal law. Determining whether additional regulation is necessary to protect Michigan waters beyond the scope of federal law is the responsibility of the Michigan legislature based on its determination of what is in the best interest of the citizens of this state.
History:
Add. 2013, Act 98, Imd. Eff. July 2, 2013
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-INLAND-WATERS - Inland Waters (324.30101...324.31713) › 451-1994-III-1-INLAND-WATERS-303 - Part 303 Wetlands Protection (324.30301...324.30329) › Section 324.30329 - Repealed. 2009, Act 120, Eff. Apr. 1, 2013.

324.30329 Repealed. 2009, Act 120, Eff. Apr. 1, 2013.
Compiler's Notes:
The repealed section pertained to the wetland advisory council.
Popular Name:
Act 451
Popular Name:
NREPA
Popular Name:
Wetland Protection Act
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-INLAND-WATERS - Inland Waters (324.30101...324.31713) › 451-1994-III-1-INLAND-WATERS-305 - Part 305 Natural Rivers (324.30501...324.30515) › Section 324.30501 - Definitions.

324.30501 Definitions.
Sec. 30501.
As used in this part:
(a) "Free flowing" means existing or flowing in natural condition without impoundment, diversion, straightening, riprapping, or other modification.
(b) "Natural river" means a river that has been designated by the department for inclusion in the wild, scenic, and recreational rivers system.
(c) "River" means a flowing body of water or a portion or tributary of a flowing body of water, including streams, creeks, or impoundments and small lakes thereon.
(d) "System" means all of those rivers or portions of rivers designated under this part.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-INLAND-WATERS - Inland Waters (324.30101...324.31713) › 451-1994-III-1-INLAND-WATERS-305 - Part 305 Natural Rivers (324.30501...324.30515) › Section 324.30502 - Natural River; Designation; Purpose; Long-Range Plans; Publicity; Cooperation.

324.30502 Natural river; designation; purpose; long-range plans; publicity; cooperation.
Sec. 30502.
The department, in the interest of the people of the state and future generations, may designate a river or portion of a river as a natural river area for the purpose of preserving and enhancing its values for water conservation, its free flowing condition, and its fish, wildlife, boating, scenic, aesthetic, floodplain, ecologic, historic, and recreational values and uses. The area shall include adjoining or related lands as appropriate to the purposes of the designation. The department shall prepare and adopt a long-range comprehensive plan for a designated natural river area that sets forth the purposes of the designation, proposed uses of lands and waters, and management measures designed to accomplish the purposes. State land within the designated area shall be administered and managed in accordance with the plan, and state management of fisheries, streams, waters, wildlife, and boating shall take cognizance of the plan. The department shall publicize and inform private and public landowners or agencies as to the plan and its purposes, so as to encourage their cooperation in the management and use of their land in a manner consistent with the plan and the purposes of the designation. The department shall cooperate with federal agencies administering any federal program concerning natural river areas, and with any watershed council established under part 311, when such cooperation furthers the interest of the state.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-INLAND-WATERS - Inland Waters (324.30101...324.31713) › 451-1994-III-1-INLAND-WATERS-305 - Part 305 Natural Rivers (324.30501...324.30515) › Section 324.30503 - Qualifications for Designation; Categories of Rivers.

324.30503 Qualifications for designation; categories of rivers.
Sec. 30503.
A river qualifying for designation as a natural river area shall possess 1 or more of the natural or outstanding existing values cited in section 30502 and shall be permanently managed for the preservation or enhancement of such values. Categories of natural rivers shall be defined and established by the department, based on the characteristics of the waters and the adjoining lands and their uses, both as existing and as proposed, including such categories as wild, scenic, and recreational. The categories shall be specified in the designation and the long-range comprehensive plan.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-INLAND-WATERS - Inland Waters (324.30101...324.31713) › 451-1994-III-1-INLAND-WATERS-305 - Part 305 Natural Rivers (324.30501...324.30515) › Section 324.30504 - Land Acquisition; Purpose; Interest Acquired; Consent.

324.30504 Land acquisition; purpose; interest acquired; consent.
Sec. 30504.
The department may acquire lands or interests in lands adjacent to a designated natural river for the purpose of maintaining or improving the river and its environment in conformance with the purposes of the designation and the plan. Interests that may be acquired include, but are not limited to, easements designed to provide for preservation and to limit development, without providing public access and use. Lands or interests in lands shall be acquired under this part only with the consent of the owner.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-INLAND-WATERS - Inland Waters (324.30101...324.31713) › 451-1994-III-1-INLAND-WATERS-305 - Part 305 Natural Rivers (324.30501...324.30515) › Section 324.30505 - Federal Financial Assistance Programs; Leases; Expenditures; Purposes.

324.30505 Federal financial assistance programs; leases; expenditures; purposes.
Sec. 30505.
(1) The department may administer federal financial assistance programs for natural river areas.
(2) The department may enter into a lease or agreement with any person or political subdivision to administer all or part of their lands in a natural river area.
(3) The department may expend funds for works designed to preserve and enhance the values and uses of a natural river area and for construction, management, maintenance, and administration of facilities in a natural river area conforming to the purposes of the designation, if the funds are appropriated by the legislature.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-INLAND-WATERS - Inland Waters (324.30101...324.31713) › 451-1994-III-1-INLAND-WATERS-305 - Part 305 Natural Rivers (324.30501...324.30515) › Section 324.30506 - Public Hearings; Notice.

324.30506 Public hearings; notice.
Sec. 30506.
Before designating a river as a natural river area, the department shall conduct public hearings in the county seat of any county in which a portion of the designated natural river area is located. Notices of the hearings shall be advertised at least twice, not less than 30 days before the hearing, in a newspaper having general circulation in each such county and in at least 1 newspaper having general circulation in the state and 1 newspaper published in the Upper Peninsula.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-INLAND-WATERS - Inland Waters (324.30101...324.31713) › 451-1994-III-1-INLAND-WATERS-305 - Part 305 Natural Rivers (324.30501...324.30515) › Section 324.30507 - Land Uses; Zoning; Local Ordinances; State Rule.

324.30507 Land uses; zoning; local ordinances; state rule.
Sec. 30507.
After designation of a river or portion of a river as a natural river area and following the preparation of the long-range comprehensive plan, the department may determine that the uses of land along the river, except within the limits of an incorporated municipality, shall be controlled by zoning contributing to accomplishment of the purposes of this part and the natural river plan. County and township governments are encouraged to establish these zoning controls and additional controls as may be appropriate, including, but not limited to, building and subdivision controls. The department may provide advisory, planning, and cooperative assistance in the drafting of ordinances to establish these controls. If the local unit does not, within 1 year after notice from the department, have in full force and effect a zoning ordinance or interim zoning ordinance established under authority of the acts cited in section 30510, the department, on its own motion, may promulgate a zoning rule in accordance with section 30512. A zoning rule may also be promulgated if the department finds that an adopted or existing zoning ordinance fails to meet adequately guidelines consistent with this part as provided by the department and transmitted to the local units concerned, does not take full cognizance of the purposes and objectives of this part, or is not in accord with the purposes of designation of the river as established by the department.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-INLAND-WATERS - Inland Waters (324.30101...324.31713) › 451-1994-III-1-INLAND-WATERS-305 - Part 305 Natural Rivers (324.30501...324.30515) › Section 324.30508 - Zoning Ordinance or Rule; Purpose.

324.30508 Zoning ordinance or rule; purpose.
Sec. 30508.
A zoning ordinance adopted by a local unit of government or a zoning rule promulgated by the department shall provide for the protection of the river and its related land resources consistent with the preservation and enhancement of their values and the objectives set forth in section 30502. The ordinance or rule shall protect the interest of the people of the state as a whole. It shall take cognizance of the characteristics of the land and water concerned, surrounding development, and existing uses and provide for conservation of soil, water, stream bed and banks, floodplains, and adjoining uplands.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-INLAND-WATERS - Inland Waters (324.30101...324.31713) › 451-1994-III-1-INLAND-WATERS-305 - Part 305 Natural Rivers (324.30501...324.30515) › Section 324.30509 - Zoning Ordinance or Rule; Establishment of Districts; Powers; Distance.

324.30509 Zoning ordinance or rule; establishment of districts; powers; distance.
Sec. 30509.
The ordinance or rule shall establish zoning districts within which such uses of land as for agriculture, forestry, recreation, residence, industry, commerce, and additional uses may be encouraged, regulated, or prohibited. It may limit or prohibit the placement of structures of any class or designate their location with relation to the water's edge, to property or subdivision lines, and to flood flows and may limit the subdivision of lands for platting purposes. It may control the location and design of highways and roads and of public utility transmission and distribution lines, except on lands or other interests in real property owned by the utility on January 1, 1971. It may prohibit or limit the cutting of trees or other vegetation, but such limits shall not apply for a distance of more than 100 feet from the river's edge. It may specifically prohibit or limit mining and drilling for oil and gas, but such limits shall not apply for a distance of more than 300 feet from the river's edge. It may contain other provisions necessary to accomplish the objectives of this part. A zoning rule promulgated by the department shall not control lands more than 400 feet from the river's edge.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-INLAND-WATERS - Inland Waters (324.30101...324.31713) › 451-1994-III-1-INLAND-WATERS-305 - Part 305 Natural Rivers (324.30501...324.30515) › Section 324.30510 - Local Zoning Ordinance; Conformance With Applicable Law; Construction.

324.30510 Local zoning ordinance; conformance with applicable law; construction.
Sec. 30510.
A local unit of government, in establishing a zoning ordinance, in addition to the authority and requirements of this part, shall conform to the township zoning act, 1943 PA 184, MCL 125.271 to 125.310, or the county zoning act, 1943 PA 183, MCL 125.201 to 125.240, including, but not limited to, the variance provisions of those acts. Any conflict shall be resolved in favor of the provisions of this part. The powers granted under this part shall be liberally construed in favor of the local unit or the department exercising them, in such manner as to promote the orderly preservation or enhancement of the values of the rivers and related land resources and their use in accordance with a long-range comprehensive general plan to ensure the greatest benefit to the state as a whole.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995 ;-- Am. 2000, Act 17, Imd. Eff. Mar. 8, 2000
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-INLAND-WATERS - Inland Waters (324.30101...324.31713) › 451-1994-III-1-INLAND-WATERS-305 - Part 305 Natural Rivers (324.30501...324.30515) › Section 324.30511 - Districts; Valuation for Tax Purposes.

324.30511 Districts; valuation for tax purposes.
Sec. 30511.
Upon adoption of a zoning ordinance or rule, certified copies of the maps showing districts shall be filed with the local tax assessing officer and the state tax commission. In establishing true cash value of property within the districts zoned, the assessing officer shall take cognizance of the effect of limits on use established by the ordinance or rule.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-INLAND-WATERS - Inland Waters (324.30101...324.31713) › 451-1994-III-1-INLAND-WATERS-305 - Part 305 Natural Rivers (324.30501...324.30515) › Section 324.30512 - Rules; Enforcement; Promulgation; Variance; Existing Use.

324.30512 Rules; enforcement; promulgation; variance; existing use.
Sec. 30512.
(1) The department shall prescribe administrative procedures and rules and provide personnel as it considers necessary for the enforcement of a zoning ordinance or rule enacted in accordance with this part. A circuit court, upon petition and a showing by the department that there exists a violation of a rule properly promulgated under this part, shall issue any necessary order to the defendant to correct the violation or to restrain the defendant from further violation of the rule.
(2) The department shall promulgate a zoning rule to implement this part. The rule shall include procedures for receiving and acting upon applications from local units of government or landowners for change of boundaries or change in permitted uses in accordance with chapter 4 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.271 to 24.287. An aggrieved party may seek judicial review under chapter 6 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.301 to 24.306.
(3) A variance from a zoning rule promulgated by the department to implement this part may be applied for and granted pursuant to section 4 of the uniform condemnation procedures act, 1980 PA 87, MCL 213.54, and the variance provisions of the zoning rule.
(4) The lawful use of any building or structure and of any land or premise as existing and lawful at the time of enactment of a zoning ordinance or rule or of an amendment of a zoning ordinance or rule may be continued although the use does not conform with the ordinance, rule, or amendment. The ordinance or rule shall provide for the completion, restoration, reconstruction, extension, or substitution of nonconforming uses upon reasonable terms as set forth in the zoning ordinance or rule.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995 ;-- Am. 2000, Act 17, Imd. Eff. Mar. 8, 2000
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-INLAND-WATERS - Inland Waters (324.30101...324.31713) › 451-1994-III-1-INLAND-WATERS-305 - Part 305 Natural Rivers (324.30501...324.30515) › Section 324.30513 - National Wild and Scenic River System; Administration.

324.30513 National wild and scenic river system; administration.
Sec. 30513.
This part does not preclude a component of the system from becoming a part of the national wild and scenic river system under the wild and scenic rivers act, Public Law 90-542, 16 U.S.C. 1271 to 1287. The department may enter into written cooperative agreements for joint federal-state administration of rivers that may be designated under the wild and scenic rivers act.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-INLAND-WATERS - Inland Waters (324.30101...324.31713) › 451-1994-III-1-INLAND-WATERS-305 - Part 305 Natural Rivers (324.30501...324.30515) › Section 324.30514 - Area Plans; Approval; Rules.

324.30514 Area plans; approval; rules.
Sec. 30514.
The department shall approve preliminary and final plans for site or route location, construction, or enlargement of utility transmission lines, publicly provided recreation facilities, access sites, highways, roads, bridges, or other structures and for publicly developed water management projects, within a designated natural river area, except within the limits of a city or incorporated village. The department may require any measure necessary to control damaging erosion or flow alteration during or in consequence of construction. The department shall promulgate rules concerning the approvals and requirements provided for in this section.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-INLAND-WATERS - Inland Waters (324.30101...324.31713) › 451-1994-III-1-INLAND-WATERS-305 - Part 305 Natural Rivers (324.30501...324.30515) › Section 324.30515 - Construction of Part.

324.30515 Construction of part.
Sec. 30515.
This part does not prohibit a reasonable and lawful use of any other natural resource that benefits the general welfare of the people of this state and that is not inconsistent with the purpose of this part.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-INLAND-WATERS - Inland Waters (324.30101...324.31713) › 451-1994-III-1-INLAND-WATERS-307 - Part 307 Inland Lake Levels (324.30701...324.30723) › Section 324.30701 - Definitions.

324.30701 Definitions.
Sec. 30701.
As used in this part:
(a) "Commissioner" means the county drain commissioner or the county road commission in counties not having a drain commissioner, and, if more than 1 county is involved, each of the drain commissioners or drain commissioner and road commission in counties having no drain commissioner.
(b) "County board" means the county board of commissioners, and if more than 1 county is involved, the boards of commissioners of each of those counties.
(c) "Court" means a circuit court, and if more than 1 judicial circuit is involved, the circuit court designated by the county board or otherwise authorized by law to preside over an action.
(d) "Dam" means an artificial barrier, structure, or facility, and appurtenant works, used to regulate or maintain the level of an inland lake.
(e) "Delegated authority" means the county drain commissioner or any other person designated by the county board to perform duties required under this part.
(f) "Inland lake" means a natural or artificial lake, pond, impoundment, or a part of 1 of those bodies of water. Inland lake does not include the Great Lakes or Lake St. Clair.
(g) "Interested person" means the department and a person who has a record interest in the title to, right of ingress to, or reversionary right to land that would be affected by a permanent change in the natural or normal level of an inland lake.
(h) "Normal level" means the level or levels of the water of an inland lake that provide the most benefit to the public; that best protect the public health, safety, and welfare; that best preserve the natural resources of the state; and that best preserve and protect the value of property around the lake. A normal level shall be measured and described as an elevation based on national geodetic vertical datum.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Compiler's Notes:
For transfer of authority, powers, duties, functions, and responsibilities of the Land and Water Management Division, with the exception of the farmland and open space preservation program, natural rivers program, and Michigan information resource inventory system, to the Director of the Michigan Department of Environmental Quality, see E.R.O. No. 1995-16, compiled at MCL 324.99901 of the Michigan Compiled Laws.
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-INLAND-WATERS - Inland Waters (324.30101...324.31713) › 451-1994-III-1-INLAND-WATERS-307 - Part 307 Inland Lake Levels (324.30701...324.30723) › Section 324.30702 - Determination of Normal Inland Lake Level; Motion or Petition to Initiate Action; Delegation of Powers and Duties by County Board; Maintenance.

324.30702 Determination of normal inland lake level; motion or petition to initiate action; delegation of powers and duties by county board; maintenance.
Sec. 30702.
(1) The county board of a county in which an inland lake is located may upon the board's own motion, or shall within 45 days following receipt of a petition to the board of 2/3 of the owners of lands abutting the inland lake, initiate action to take the necessary steps to cause to be determined the normal level of the inland lake.
(2) Unless required to act by resolution as provided in this part, the county board may delegate powers and duties under this part to that county's commissioner, road commission, or other delegated authority.
(3) If a court-determined normal level is established pursuant to this part, the delegated authority of the county or counties in which the lake is located shall maintain that normal level.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Compiler's Notes:
For transfer of authority, powers, duties, functions, and responsibilities of the Land and Water Management Division, with the exception of the farmland and open space preservation program, natural rivers program, and Michigan information resource inventory system, to the Director of the Michigan Department of Environmental Quality, see E.R.O. No. 1995-16, compiled at MCL 324.99901 of the Michigan Compiled Laws.
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-INLAND-WATERS - Inland Waters (324.30101...324.31713) › 451-1994-III-1-INLAND-WATERS-307 - Part 307 Inland Lake Levels (324.30701...324.30723) › Section 324.30703 - Preliminary Study; Costs; Contents of Study.

324.30703 Preliminary study; costs; contents of study.
Sec. 30703.
(1) Before proceeding on a motion made or a petition filed under section 30702, the county board may require that a preliminary study be conducted by a licensed professional engineer. The county board, by resolution, may require a cash payment from the petitioners sufficient to cover the actual preliminary study costs or of $10,000.00, whichever is less.
(2) A preliminary study shall include all of the following:
(a) The feasibility of a project to establish and maintain a normal level of the inland lake.
(b) The expediency of the normal level project.
(c) Feasible and prudent alternative methods and designs for controlling the normal level.
(d) The estimated costs of construction and maintenance of the normal level project.
(e) A method of financing initial costs.
(f) The necessity of a special assessment district and the tentative boundaries if a district is necessary.
(g) Other information that the county board resolves is necessary.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA