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 II - Pollution Control (324.3101...324.21563) › 451-1994-II-2 - Chapter 2 Nonpoint Source Pollution Control (324.8201...324.9510) › 451-1994-II-2-89 - Part 89 Littering (324.8901...324.8907) › Section 324.8905a - Violation as State Civil Infraction; Civil Fine; Default Remedies; Exception.

324.8905a Violation as state civil infraction; civil fine; default remedies; exception.
Sec. 8905a.
(1) A person who violates this part, if the amount of the litter is less than 1 cubic foot in volume, is responsible for a state civil infraction and is subject to a civil fine of not more than $800.00.
(2) A person who violates this part, if the amount of the litter is 1 cubic foot or more but less than 3 cubic feet in volume, is responsible for a state civil infraction and is subject to a civil fine of not more than $1,500.00.
(3) Except as provided in subsection (4), a person who violates this part, if the amount of the litter is 3 cubic feet or more in volume, is responsible for a state civil infraction and is subject to a civil fine of not more than $2,500.00. A person found to have committed a violation described in this subsection in a subsequent proceeding is subject to a civil fine of not more than $5,000.00.
(4) A person who violates this part, if the litter is described in section 8901(a)(ii) to (v), is responsible for a state civil infraction and is subject to a civil fine of not less than $500.00 or more than $2,500.00. A person found to have committed a violation described in this subsection in a subsequent proceeding is subject to a civil fine of not less than $1,000.00 or more than $5,000.00. However, the court shall not order the payment of a fine unless the vehicle has been disposed of under section 252g of the Michigan vehicle code, 1949 PA 300, MCL 257.252g, the abandoned vessel has been disposed of under section 80130k, the ORV that is considered abandoned has been disposed of under section 80130k as made applicable in section 81151, or the snowmobile that is considered abandoned has been disposed of under section 80130k as made applicable in section 82161.
(5) A default in the payment of a civil fine or costs ordered under this part or an installment of the fine or costs may be remedied by any means authorized under the revised judicature act of 1961, 1961 PA 236, MCL 600.101 to 600.9947.
(6) This section does not apply to a violation of section 8903 or 8905.
History:
Add. 1998, Act 15, Imd. Eff. Mar. 9, 1998 ;-- Am. 2004, Act 494, Imd. Eff. Dec. 29, 2004 ;-- Am. 2014, Act 549, Eff. Apr. 16, 2015
Compiler's Notes:
Former MCL 324.8905a, which pertained to violations as civil infractions, was repealed by Act 111 of 1995, Eff. Dec. 31, 1997.
Popular Name:
Act 451
Popular Name:
Littering
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 II - Pollution Control (324.3101...324.21563) › 451-1994-II-2 - Chapter 2 Nonpoint Source Pollution Control (324.8201...324.9510) › 451-1994-II-2-89 - Part 89 Littering (324.8901...324.8907) › Section 324.8905b - Additional Penalties or Sanctions; Community Service.

324.8905b Additional penalties or sanctions; community service.
Sec. 8905b.
(1) In addition to any other penalty or sanction provided in this part for a criminal or civil action brought under this part, the court may require the defendant to pay either or both of the following:
(a) The cost of removing all litter which is the subject of the violation and the cost of damages to any land, water, wildlife, vegetation, or other natural resource or to any facility damaged by the violation of this part. Money collected under this subdivision shall be distributed to the governmental entity bringing the enforcement action.
(b) The reasonable expense of impoundment under section 8905c. Money collected under this subdivision shall be distributed to the governmental entity that impounded the vehicle involved in the violation of this part.
(2) In addition to any other penalty or sanction provided for in this part, the court shall impose, under the supervision of the court, community service in the form of litter gathering labor, including, but not limited to, litter connected with the particular violation.
History:
Add. 1998, Act 15, Imd. Eff. Mar. 9, 1998
Compiler's Notes:
Former MCL 324.8905b, which pertained to payment of additional costs and expenses, was repealed by Act 111 of 1995, Eff. Dec. 31, 1997.
Popular Name:
Act 451
Popular Name:
Littering
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 II - Pollution Control (324.3101...324.21563) › 451-1994-II-2 - Chapter 2 Nonpoint Source Pollution Control (324.8201...324.9510) › 451-1994-II-2-89 - Part 89 Littering (324.8901...324.8907) › Section 324.8906 - Posting Notices; Publication; Receptacles for Litter.

324.8906 Posting notices; publication; receptacles for litter.
Sec. 8906.
All public authorities having supervision of public property of this state or any political subdivision of this state may post notice signs and otherwise publicize the requirements of this part. All public authorities having supervision of public property in this state may establish and maintain receptacles for the deposit of litter on the property and publicize the location of those receptacles.
History:
1994, Act 451, Eff. Mar. 30, 1995
Popular Name:
Act 451
Popular Name:
Littering
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 II - Pollution Control (324.3101...324.21563) › 451-1994-II-2 - Chapter 2 Nonpoint Source Pollution Control (324.8201...324.9510) › 451-1994-II-2-89 - Part 89 Littering (324.8901...324.8907) › Section 324.8907 - Powers of Municipalities Not Limited.

324.8907 Powers of municipalities not limited.
Sec. 8907.
This part does not affect or in any way limit the powers of municipalities to enact and enforce ordinances for the control and elimination of litter.
History:
1994, Act 451, Eff. Mar. 30, 1995
Popular Name:
Act 451
Popular Name:
Littering
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 II - Pollution Control (324.3101...324.21563) › 451-1994-II-2 - Chapter 2 Nonpoint Source Pollution Control (324.8201...324.9510) › 451-1994-II-2-SOIL-CONSERVATION-EROSION-AND-SEDIMENTATION-CONTRO - Part Soil Conservation, Erosion, and Sedimentation Control (324.9101...324.9313) › 451-1994-II-2-SOIL-CONSERVATION-EROSION-AND-SEDIMENTATION-CONTRO - Part 91 Soil Erosion and Sedimentation Control (324.9101...324.9123a) › Section 324.9102, 324.9103 - Repealed. 2000, Act 504, Imd. Eff. Jan. 11, 2001.

324.9102, 324.9103 Repealed. 2000, Act 504, Imd. Eff. Jan. 11, 2001.
Compiler's Notes:
The repealed sections pertained to definitions and soil erosion and sedimentation control program.
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 II - Pollution Control (324.3101...324.21563) › 451-1994-II-2 - Chapter 2 Nonpoint Source Pollution Control (324.8201...324.9510) › 451-1994-II-2-SOIL-CONSERVATION-EROSION-AND-SEDIMENTATION-CONTRO - Part Soil Conservation, Erosion, and Sedimentation Control (324.9101...324.9313) › 451-1994-II-2-SOIL-CONSERVATION-EROSION-AND-SEDIMENTATION-CONTRO - Part 91 Soil Erosion and Sedimentation Control (324.9101...324.9123a) › Section 324.9104 - Rules; Availability of Information.

324.9104 Rules; availability of information.
Sec. 9104.
(1) The department, with the assistance of the department of agriculture, shall promulgate rules for a unified soil erosion and sedimentation control program, including provisions for the review and approval of site plans, land use plans, or permits relating to soil erosion control and sedimentation control. The department shall notify and make copies of proposed rules available to county enforcing agencies, municipal enforcing agencies, and authorized public agencies for review and comment before promulgation.
(2) The department shall make available to county enforcing agencies, municipal enforcing agencies, and authorized public agencies educational information on soil erosion and sedimentation control techniques and the benefits of implementing soil erosion and sedimentation control measures. County enforcing agencies and municipal enforcing agencies shall distribute this information to persons receiving permits under a county program or a local ordinance and to other interested persons.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995 ;-- Am. 2000, Act 504, Imd. Eff. Jan. 11, 2001
Popular Name:
Act 451
Popular Name:
NREPA
Admin Rule:
R 323.1701 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 II - Pollution Control (324.3101...324.21563) › 451-1994-II-2 - Chapter 2 Nonpoint Source Pollution Control (324.8201...324.9510) › 451-1994-II-2-SOIL-CONSERVATION-EROSION-AND-SEDIMENTATION-CONTRO - Part Soil Conservation, Erosion, and Sedimentation Control (324.9101...324.9313) › 451-1994-II-2-SOIL-CONSERVATION-EROSION-AND-SEDIMENTATION-CONTRO - Part 91 Soil Erosion and Sedimentation Control (324.9101...324.9123a) › Section 324.9107 - Notice of Violation.

324.9107 Notice of violation.
Sec. 9107.
If a local unit of government has notice that a violation of this part has occurred within the boundaries of that local unit of government, including but not limited to a violation attributable to an earth change by an authorized public agency, the local unit of government shall notify the appropriate county enforcing agency and municipal enforcing agency and the department of the violation.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995 ;-- Am. 2000, Act 504, Imd. Eff. Jan. 11, 2001
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 II - Pollution Control (324.3101...324.21563) › 451-1994-II-2 - Chapter 2 Nonpoint Source Pollution Control (324.8201...324.9510) › 451-1994-II-2-SOIL-CONSERVATION-EROSION-AND-SEDIMENTATION-CONTRO - Part Soil Conservation, Erosion, and Sedimentation Control (324.9101...324.9313) › 451-1994-II-2-SOIL-CONSERVATION-EROSION-AND-SEDIMENTATION-CONTRO - Part 91 Soil Erosion and Sedimentation Control (324.9101...324.9123a) › Section 324.9108 - Permit; Deposit as Condition for Issuance.

324.9108 Permit; deposit as condition for issuance.
Sec. 9108.
As a condition for the issuance of a permit, the county enforcing agency or municipal enforcing agency may require the applicant to deposit with the clerk of the county or municipality in the form of cash, a certified check, or an irrevocable bank letter of credit, whichever the applicant selects, or a surety bond acceptable to the legislative body of the county or municipality or to the county enforcing agency or municipal enforcing agency, in an amount sufficient to assure the installation and completion of such protective or corrective measures as may be required by the county enforcing agency or municipal enforcing agency.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995 ;-- Am. 2000, Act 504, Imd. Eff. Jan. 11, 2001
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 II - Pollution Control (324.3101...324.21563) › 451-1994-II-2 - Chapter 2 Nonpoint Source Pollution Control (324.8201...324.9510) › 451-1994-II-2-SOIL-CONSERVATION-EROSION-AND-SEDIMENTATION-CONTRO - Part Soil Conservation, Erosion, and Sedimentation Control (324.9101...324.9313) › 451-1994-II-2-SOIL-CONSERVATION-EROSION-AND-SEDIMENTATION-CONTRO - Part 91 Soil Erosion and Sedimentation Control (324.9101...324.9123a) › Section 324.9109 - Agreement Between Public Agency or County or Municipal Enforcing Agency and Conservation District; Purpose; Reviews and Evaluations of Agency's Programs or Procedures; Agreement Between Person Engaged in Agricultural Practices and Conservation District; Notification; Enforcement.

324.9109 Agreement between public agency or county or municipal enforcing agency and conservation district; purpose; reviews and evaluations of agency's programs or procedures; agreement between person engaged in agricultural practices and conservation district; notification; enforcement.
Sec. 9109.
(1) An authorized public agency, county enforcing agency, or municipal enforcing agency may enter into an agreement with a conservation district for assistance and advice in overseeing and reviewing compliance with soil erosion and sedimentation control procedures and in reviewing existing or proposed earth changes, earth change plans, or site plans with regard to technical matters pertaining to soil erosion and sedimentation control. In addition to or in the absence of such agreements, conservation districts may perform periodic reviews and evaluations of the authorized public agency's, county enforcing agency's, or municipal enforcing agency's programs or procedures pursuant to standards and specifications developed in cooperation with the respective districts and as approved by the department. These reviews and evaluations shall be submitted to the department for appropriate action.
(2) A person engaged in agricultural practices may enter into an agreement with the appropriate conservation district to pursue agricultural practices in accordance with and subject to this part, the rules promulgated under this part, and any applicable local ordinance. If a person enters into an agreement with a conservation district, the conservation district shall notify the county enforcing agency or municipal enforcing agency or the department in writing of the agreement. Upon entering into the agreement under this subsection, a person is not subject to permits required under this part, but is required to develop project specific soil erosion and sedimentation control plans and is subject to the remedies provided for in this part for violations of this part.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995 ;-- Am. 2000, Act 504, Imd. Eff. Jan. 11, 2001
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 II - Pollution Control (324.3101...324.21563) › 451-1994-II-2 - Chapter 2 Nonpoint Source Pollution Control (324.8201...324.9510) › 451-1994-II-2-SOIL-CONSERVATION-EROSION-AND-SEDIMENTATION-CONTRO - Part Soil Conservation, Erosion, and Sedimentation Control (324.9101...324.9313) › 451-1994-II-2-SOIL-CONSERVATION-EROSION-AND-SEDIMENTATION-CONTRO - Part 91 Soil Erosion and Sedimentation Control (324.9101...324.9123a) › Section 324.9111 - Repealed. 2000, Act 504, Imd. Eff. Jan. 11, 2001.

324.9111 Repealed. 2000, Act 504, Imd. Eff. Jan. 11, 2001.
Compiler's Notes:
The repealed section pertained to statements and certificates relating to plats.
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 II - Pollution Control (324.3101...324.21563) › 451-1994-II-2 - Chapter 2 Nonpoint Source Pollution Control (324.8201...324.9510) › 451-1994-II-2-SOIL-CONSERVATION-EROSION-AND-SEDIMENTATION-CONTRO - Part Soil Conservation, Erosion, and Sedimentation Control (324.9101...324.9313) › 451-1994-II-2-SOIL-CONSERVATION-EROSION-AND-SEDIMENTATION-CONTRO - Part 91 Soil Erosion and Sedimentation Control (324.9101...324.9123a) › Section 324.9113 - Injunction; Inspection and Investigation.

324.9113 Injunction; inspection and investigation.
Sec. 9113.
(1) Notwithstanding the existence or pursuit of any other remedy, the department or a county enforcing agency or municipal enforcing agency may maintain an action in its own name in a court of competent jurisdiction for an injunction or other process against a person to restrain or prevent violations of this part.
(2) At any reasonable time, an agent appointed by the department, a county enforcing agency, or a municipal enforcing agency may enter upon any private or public property for the purpose of inspecting and investigating conditions or practices that may be in violation of this part. However, an investigation or inspection under this subsection shall comply with the United States constitution and the state constitution of 1963.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995 ;-- Am. 2000, Act 504, Imd. Eff. Jan. 11, 2001 ;-- Am. 2005, Act 55, Imd. Eff. June 30, 2005
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 II - Pollution Control (324.3101...324.21563) › 451-1994-II-2 - Chapter 2 Nonpoint Source Pollution Control (324.8201...324.9510) › 451-1994-II-2-SOIL-CONSERVATION-EROSION-AND-SEDIMENTATION-CONTRO - Part Soil Conservation, Erosion, and Sedimentation Control (324.9101...324.9313) › 451-1994-II-2-SOIL-CONSERVATION-EROSION-AND-SEDIMENTATION-CONTRO - Part 91 Soil Erosion and Sedimentation Control (324.9101...324.9123a) › Section 324.9114 - Additional Rules.

324.9114 Additional rules.
Sec. 9114.
In order to carry out their functions under this part, the department and the department of agriculture may promulgate rules in addition to those otherwise authorized in this part.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
Admin Rule:
R 323.1701 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 II - Pollution Control (324.3101...324.21563) › 451-1994-II-2 - Chapter 2 Nonpoint Source Pollution Control (324.8201...324.9510) › 451-1994-II-2-SOIL-CONSERVATION-EROSION-AND-SEDIMENTATION-CONTRO - Part Soil Conservation, Erosion, and Sedimentation Control (324.9101...324.9313) › 451-1994-II-2-SOIL-CONSERVATION-EROSION-AND-SEDIMENTATION-CONTRO - Part 91 Soil Erosion and Sedimentation Control (324.9101...324.9123a) › Section 324.9115 - Logging, Mining, or Land Plowing or Tilling; Permit Exemption; "Mining" Defined.

324.9115 Logging, mining, or land plowing or tilling; permit exemption; "mining" defined.
Sec. 9115.
(1) Subject to subsection (2), a person engaged in the logging industry, the mining industry, or the plowing or tilling of land for the purpose of crop production or the harvesting of crops is not required to obtain a permit under this part. However, all earth changes associated with the activities listed in this section shall conform to the same standards as if they required a permit under this part. The exemption from obtaining a permit under this subsection does not include either of the following:
(a) Access roads to and from the site where active mining or logging is taking place.
(b) Ancillary activities associated with logging and mining.
(2) This part does not apply to a metallic mineral mining activity that is regulated under a mining and reclamation plan under part 631 or 634 or a mining, reclamation, and environmental protection plan under part 632, if the plan contains soil erosion and sedimentation control provisions and is approved by the department.
(3) A person is not required to obtain a permit from a county enforcing agency or a municipal enforcing agency for earth changes associated with well locations, surface facilities, flowlines, or access roads relating to oil or gas exploration and development activities regulated under part 615 or mineral well exploration and development activities regulated under part 625, if the application for a permit to drill and operate contains a soil erosion and sedimentation control plan that is approved by the department under part 615 or 625. However, those earth changes shall conform to the same standards as required for a permit under this part. This subsection does not apply to a multisource commercial hazardous waste disposal well as defined in section 62506a.
(4) As used in this section, "mining" does not include the removal of clay, gravel, sand, peat, or topsoil.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995 ;-- Am. 2000, Act 504, Imd. Eff. Jan. 11, 2001 ;-- Am. 2011, Act 214, Imd. Eff. Nov. 8, 2011 ;-- Am. 2017, Act 40, Eff. Aug. 21, 2017
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 II - Pollution Control (324.3101...324.21563) › 451-1994-II-2 - Chapter 2 Nonpoint Source Pollution Control (324.8201...324.9510) › 451-1994-II-2-SOIL-CONSERVATION-EROSION-AND-SEDIMENTATION-CONTRO - Part Soil Conservation, Erosion, and Sedimentation Control (324.9101...324.9313) › 451-1994-II-2-SOIL-CONSERVATION-EROSION-AND-SEDIMENTATION-CONTRO - Part 91 Soil Erosion and Sedimentation Control (324.9101...324.9123a) › Section 324.9116 - Reduction of Soil Erosion or Sedimentation by Owner.

324.9116 Reduction of soil erosion or sedimentation by owner.
Sec. 9116.
A person who owns land on which an earth change has been made that may result in or contribute to soil erosion or sedimentation of the waters of the state shall implement and maintain soil erosion and sedimentation control measures that will effectively reduce soil erosion or sedimentation from the land on which the earth change has been made.
History:
Add. 1995, Act 60, 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 II - Pollution Control (324.3101...324.21563) › 451-1994-II-2 - Chapter 2 Nonpoint Source Pollution Control (324.8201...324.9510) › 451-1994-II-2-SOIL-CONSERVATION-EROSION-AND-SEDIMENTATION-CONTRO - Part Soil Conservation, Erosion, and Sedimentation Control (324.9101...324.9313) › 451-1994-II-2-SOIL-CONSERVATION-EROSION-AND-SEDIMENTATION-CONTRO - Part 91 Soil Erosion and Sedimentation Control (324.9101...324.9123a) › Section 324.9117 - Notice of Determination.

324.9117 Notice of determination.
Sec. 9117.
If the county enforcing agency or municipal enforcing agency that is responsible for enforcing this part and the rules promulgated under this part determines that soil erosion or sedimentation of adjacent properties or the waters of the state has or will reasonably occur from land in violation of this part or the rules promulgated under this part or an applicable local ordinance, the county enforcing agency or municipal enforcing agency may seek to enforce a violation of this part by notifying the person who owns the land, by mail, with return receipt requested, of its determination. The notice shall contain a description of the violation and what must be done to remedy the violation and shall specify a time to comply with this part and the rules promulgated under this part or an applicable local ordinance.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995 ;-- Am. 2000, Act 504, Imd. Eff. Jan. 11, 2001
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 II - Pollution Control (324.3101...324.21563) › 451-1994-II-2 - Chapter 2 Nonpoint Source Pollution Control (324.8201...324.9510) › 451-1994-II-2-SOIL-CONSERVATION-EROSION-AND-SEDIMENTATION-CONTRO - Part Soil Conservation, Erosion, and Sedimentation Control (324.9101...324.9313) › 451-1994-II-2-SOIL-CONSERVATION-EROSION-AND-SEDIMENTATION-CONTRO - Part 91 Soil Erosion and Sedimentation Control (324.9101...324.9123a) › Section 324.9118 - Compliance; Time.

324.9118 Compliance; time.
Sec. 9118.
Within 5 days after a notice of violation has been issued under section 9117, a person who owns land subject to this part and the rules promulgated under this part shall implement and maintain soil erosion and sedimentation control measures in conformance with this part, the rules promulgated under this part, or an applicable local ordinance.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995 ;-- Am. 2000, Act 504, Imd. Eff. Jan. 11, 2001
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 II - Pollution Control (324.3101...324.21563) › 451-1994-II-2 - Chapter 2 Nonpoint Source Pollution Control (324.8201...324.9510) › 451-1994-II-2-SOIL-CONSERVATION-EROSION-AND-SEDIMENTATION-CONTRO - Part Soil Conservation, Erosion, and Sedimentation Control (324.9101...324.9313) › 451-1994-II-2-SOIL-CONSERVATION-EROSION-AND-SEDIMENTATION-CONTRO - Part 91 Soil Erosion and Sedimentation Control (324.9101...324.9123a) › Section 324.9119 - Entry Upon Land; Construction, Implementation, and Maintenance of Soil Erosion and Sedimentation Control Measures; Cost.

324.9119 Entry upon land; construction, implementation, and maintenance of soil erosion and sedimentation control measures; cost.
Sec. 9119.
Except as otherwise provided in this section, not sooner than 5 days after notice of violation of this part has been mailed under section 9117, if the condition of the land, in the opinion of the county enforcing agency or municipal enforcing agency, may result in or contribute to soil erosion or sedimentation of adjacent properties or to the waters of the state, and if soil erosion and sedimentation control measures in conformance with this part and the rules promulgated under this part or an applicable local ordinance are not in place, the county enforcing agency or municipal enforcing agency, or a designee of either of these agencies, may enter upon the land and construct, implement, and maintain soil erosion and sedimentation control measures in conformance with this part and the rules promulgated under this part or an applicable local ordinance. However, the enforcing agency shall not expend more than $10,000.00 for the cost of the work, materials, labor, and administration without prior written notice in the notice provided in section 9117 for the person who owns the land that the expenditure of more than $10,000.00 may be made. If more than $10,000.00 is to be expended under this section, then the work shall not begin until at least 10 days after the notice of violation has been mailed.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995 ;-- Am. 2000, Act 504, Imd. Eff. Jan. 11, 2001
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 II - Pollution Control (324.3101...324.21563) › 451-1994-II-2 - Chapter 2 Nonpoint Source Pollution Control (324.8201...324.9510) › 451-1994-II-2-SOIL-CONSERVATION-EROSION-AND-SEDIMENTATION-CONTRO - Part Soil Conservation, Erosion, and Sedimentation Control (324.9101...324.9313) › 451-1994-II-2-SOIL-CONSERVATION-EROSION-AND-SEDIMENTATION-CONTRO - Part 91 Soil Erosion and Sedimentation Control (324.9101...324.9123a) › Section 324.9120 - Reimbursement of County or Municipal Enforcing Agency; Lien for Expenses; Priority; Collection and Treatment of Lien.

324.9120 Reimbursement of county or municipal enforcing agency; lien for expenses; priority; collection and treatment of lien.
Sec. 9120.
(1) All expenses incurred by a county enforcing agency or a municipal enforcing agency under section 9119 to construct, implement, and maintain soil erosion and sedimentation control measures to bring land into conformance with this part and the rules promulgated under this part or an applicable local ordinance shall be reimbursed to the county enforcing agency or municipal enforcing agency by the person who owns the land.
(2) The county enforcing agency or municipal enforcing agency shall have a lien for the expenses incurred under section 9119 of bringing the land into conformance with this part and the rules promulgated under this part or an applicable local ordinance. However, with respect to single-family or multifamily residential property, the lien for such expenses shall have priority over all liens and encumbrances filed or recorded after the date of such expenditure. With respect to all other property, the lien for such expenses shall be collected and treated in the same manner as provided for property tax liens under the general property tax act, 1893 PA 206, MCL 211.1 to 211.157.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995 ;-- Am. 2000, Act 504, Imd. Eff. Jan. 11, 2001
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 II - Pollution Control (324.3101...324.21563) › 451-1994-II-2 - Chapter 2 Nonpoint Source Pollution Control (324.8201...324.9510) › 451-1994-II-2-SOIL-CONSERVATION-EROSION-AND-SEDIMENTATION-CONTRO - Part Soil Conservation, Erosion, and Sedimentation Control (324.9101...324.9313) › 451-1994-II-2-SOIL-CONSERVATION-EROSION-AND-SEDIMENTATION-CONTRO - Part 91 Soil Erosion and Sedimentation Control (324.9101...324.9123a) › Section 324.9122 - Severability.

324.9122 Severability.
Sec. 9122.
If any provision of this part is declared by a court to be invalid, the invalid provision shall not affect the remaining provisions of the part that can be given effect without the invalid provision. The validity of the part as a whole or in part shall not be affected, other than the provision invalidated.
History:
Add. 1995, Act 60, 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 II - Pollution Control (324.3101...324.21563) › 451-1994-II-2 - Chapter 2 Nonpoint Source Pollution Control (324.8201...324.9510) › 451-1994-II-2-SOIL-CONSERVATION-EROSION-AND-SEDIMENTATION-CONTRO - Part Soil Conservation, Erosion, and Sedimentation Control (324.9101...324.9313) › 451-1994-II-2-SOIL-CONSERVATION-EROSION-AND-SEDIMENTATION-CONTRO - Part 91 Soil Erosion and Sedimentation Control (324.9101...324.9123a) › Section 324.9123 - Training Program; Certificate; Fees.

324.9123 Training program; certificate; fees.
Sec. 9123.
(1) Beginning 3 years after the effective date of the 2000 amendments to this section, each individual who is responsible for administering this part and the rules promulgated under this part or a local ordinance and who has decision-making authority for soil erosion and sedimentation control plan development or review, inspections, permit issuance, or enforcement shall be trained by the department. The department shall issue a certificate of training to individuals under this section if they do both of the following:
(a) Complete a soil erosion and sedimentation control training program sponsored by the department.
(b) Pass an examination on the subject matter covered in the training program under subdivision (a).
(2) A certificate of training under subsection (1) is valid for 5 years. For recertifications, the department may offer a refresher course or other update in lieu of the requirements of subsection (1)(a) and (b).
(3) The department may charge fees for administering the training program and the examination under this section that are not greater than the department's cost of administering the training program and the examination. All fees collected under this section shall be deposited into the soil erosion and sedimentation control training fund created in section 9123a.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995 ;-- Am. 2000, Act 504, Imd. Eff. Jan. 11, 2001
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 II - Pollution Control (324.3101...324.21563) › 451-1994-II-2 - Chapter 2 Nonpoint Source Pollution Control (324.8201...324.9510) › 451-1994-II-2-SOIL-CONSERVATION-EROSION-AND-SEDIMENTATION-CONTRO - Part Soil Conservation, Erosion, and Sedimentation Control (324.9101...324.9313) › 451-1994-II-2-SOIL-CONSERVATION-EROSION-AND-SEDIMENTATION-CONTRO - Part 91 Soil Erosion and Sedimentation Control (324.9101...324.9123a) › Section 324.9123a - Soil Erosion and Sedimentation Control Training Fund; Creation; Disposition of Funds; Lapse; Expenditures.

324.9123a Soil erosion and sedimentation control training fund; creation; disposition of funds; lapse; expenditures.
Sec. 9123a.
(1) The soil erosion and sedimentation control training fund is created within the state treasury.
(2) The state treasurer may receive money or other assets from any source for deposit into the soil erosion and sedimentation control training fund. The state treasurer shall direct the investment of the soil erosion and sedimentation control training fund. The state treasurer shall credit to the soil erosion and sedimentation control training fund interest and earnings from fund investments.
(3) Money in the soil erosion and sedimentation control training fund at the close of the fiscal year shall remain in the fund and shall not lapse to the general fund.
(4) The department shall expend money from the fund, upon appropriation, only to administer the soil erosion and sedimentation control training program and examination under section 9123.
History:
Add. 2000, Act 504, Imd. Eff. Jan. 11, 2001
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 II - Pollution Control (324.3101...324.21563) › 451-1994-II-2 - Chapter 2 Nonpoint Source Pollution Control (324.8201...324.9510) › 451-1994-II-2-SOIL-CONSERVATION-EROSION-AND-SEDIMENTATION-CONTRO - Part Soil Conservation, Erosion, and Sedimentation Control (324.9101...324.9313) › 451-1994-II-2-SOIL-CONSERVATION-EROSION-AND-SEDIMENTATION-CONTRO - Part 93 Soil Conservation Districts (324.9301...324.9313) › Section 324.9302 - Declaration of Policy.

324.9302 Declaration of policy.
Sec. 9302.
It is the policy of the legislature to provide for the conservation of the natural resources of the state, including soil, water, farmland, forestland, and other natural resources, and to provide for the control and prevention of soil erosion, and thereby to conserve the natural resources of this state, control floods, prevent impairment of dams and reservoirs, assist in maintaining the navigability of rivers and harbors, preserve wildlife, protect the tax base, protect public lands, and protect and promote the health, safety, and general welfare of the people of this state.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995 ;-- Am. 1998, Act 463, Imd. Eff. Jan. 4, 1999 ;-- Am. 2013, Act 45, Imd. Eff. June 6, 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 II - Pollution Control (324.3101...324.21563) › 451-1994-II-2 - Chapter 2 Nonpoint Source Pollution Control (324.8201...324.9510) › 451-1994-II-2-SOIL-CONSERVATION-EROSION-AND-SEDIMENTATION-CONTRO - Part Soil Conservation, Erosion, and Sedimentation Control (324.9101...324.9313) › 451-1994-II-2-SOIL-CONSERVATION-EROSION-AND-SEDIMENTATION-CONTRO - Part 93 Soil Conservation Districts (324.9301...324.9313) › Section 324.9303 - Conducting Business at Public Meeting; Notice; Availability of Writings to Public.

324.9303 Conducting business at public meeting; notice; availability of writings to public.
Sec. 9303.
(1) The business that a conservation district board may perform shall be conducted at a public meeting of the board held in compliance with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275. Public notice of the time, date, and place of the meeting shall be given in the manner required by the open meetings act, 1976 PA 267, MCL 15.261 to 15.275, in addition to any other notice prescribed in this part.
(2) A writing prepared, owned, used, in the possession of, or retained by a conservation district board in the performance of an official function shall be made available to the public in compliance with the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995 ;-- Am. 1998, Act 463, Imd. Eff. Jan. 4, 1999
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 II - Pollution Control (324.3101...324.21563) › 451-1994-II-2 - Chapter 2 Nonpoint Source Pollution Control (324.8201...324.9510) › 451-1994-II-2-SOIL-CONSERVATION-EROSION-AND-SEDIMENTATION-CONTRO - Part Soil Conservation, Erosion, and Sedimentation Control (324.9101...324.9313) › 451-1994-II-2-SOIL-CONSERVATION-EROSION-AND-SEDIMENTATION-CONTRO - Part 93 Soil Conservation Districts (324.9301...324.9313) › Section 324.9304 - Additional Duties and Powers of Department.

324.9304 Additional duties and powers of department.
Sec. 9304.
In addition to the other duties and powers conferred upon the department under this part, the department has the following duties and powers:
(a) To offer such assistance as may be appropriate to the directors of conservation districts in implementing any of their responsibilities under this part and as otherwise provided by law.
(b) To keep the directors of each of the districts informed of the activities and experience of all other districts and to facilitate cooperation and sharing of advice and experience between the districts.
(c) To approve and coordinate the programs of all conservation districts.
(d) To secure the cooperation and assistance of the United States and any of its agencies, and the state and any of its agencies, in the work of the districts, and to formulate policies and procedures as the department considers necessary for the extension of aid in any form from federal or state agencies to the districts.
(e) To disseminate information throughout the state concerning the activities and programs of the conservation districts and to encourage the formation of districts in areas where their organization is desirable.
(f) To review district budgets and financial information, including audit reports.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995 ;-- Am. 1998, Act 463, Imd. Eff. Jan. 4, 1999 ;-- Am. 2013, Act 45, Imd. Eff. June 6, 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 II - Pollution Control (324.3101...324.21563) › 451-1994-II-2 - Chapter 2 Nonpoint Source Pollution Control (324.8201...324.9510) › 451-1994-II-2-SOIL-CONSERVATION-EROSION-AND-SEDIMENTATION-CONTRO - Part Soil Conservation, Erosion, and Sedimentation Control (324.9101...324.9313) › 451-1994-II-2-SOIL-CONSERVATION-EROSION-AND-SEDIMENTATION-CONTRO - Part 93 Soil Conservation Districts (324.9301...324.9313) › Section 324.9304a - Conservation Species Advisory Panel; Creation; Membership; Establishment of Conservation Species List.

324.9304a Conservation species advisory panel; creation; membership; establishment of conservation species list.
Sec. 9304a.
(1) The conservation species advisory panel is created within the department. The conservation species advisory panel shall consist of the following members selected by the director of the department and approved by the commission of agriculture:
(a) Two representatives of the department as follows:
(i) One individual from the pesticide and plant management division or its successor agency.
(ii) One individual from the environmental division or its successor agency.
(b) One individual representing the department of natural resources.
(c) One individual representing the natural resource conservation service.
(d) Two representatives from Michigan state university as follows:
(i) One individual from the department of horticulture or its successor department.
(ii) One individual from the department of forestry or its successor department.
(e) One individual representing conservation districts.
(f) One individual from a statewide organization representing nursery and landscaping interests in the state.
(g) One individual from a statewide organization representing seedling growers' interests in the state.
(2) By December 1 of each year, the conservation species advisory panel shall establish a list of conservation species for the following calendar year that may be propagated, planted, harvested, sold, or rescued as part of a plant rescue operation. However, conservation species on this list that are propagated, planted, or rescued during that calendar year may be sold, removed, or reestablished in subsequent years even if the species is removed from the list in a subsequent year.
History:
Add. 1998, Act 463, Imd. Eff. Jan. 4, 1999
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 II - Pollution Control (324.3101...324.21563) › 451-1994-II-2 - Chapter 2 Nonpoint Source Pollution Control (324.8201...324.9510) › 451-1994-II-2-SOIL-CONSERVATION-EROSION-AND-SEDIMENTATION-CONTRO - Part Soil Conservation, Erosion, and Sedimentation Control (324.9101...324.9313) › 451-1994-II-2-SOIL-CONSERVATION-EROSION-AND-SEDIMENTATION-CONTRO - Part 93 Soil Conservation Districts (324.9301...324.9313) › Section 324.9305 - Boundaries; Petition to Change District's Name.

324.9305 Boundaries; petition to change district's name.
Sec. 9305.
(1) Boundaries of conservation districts shall include cities, townships, and incorporated villages.
(2) A conservation district's board may petition the department to change the district's name. The petition form shall be provided by the department. The department shall give due consideration to the petition and, if the request is determined to be needed and practical, shall approve the change in name and request the secretary of state to enter the new name in the secretary of state's official records of the district.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995 ;-- Am. 1998, Act 463, Imd. Eff. Jan. 4, 1999
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 II - Pollution Control (324.3101...324.21563) › 451-1994-II-2 - Chapter 2 Nonpoint Source Pollution Control (324.8201...324.9510) › 451-1994-II-2-SOIL-CONSERVATION-EROSION-AND-SEDIMENTATION-CONTRO - Part Soil Conservation, Erosion, and Sedimentation Control (324.9101...324.9313) › 451-1994-II-2-SOIL-CONSERVATION-EROSION-AND-SEDIMENTATION-CONTRO - Part 93 Soil Conservation Districts (324.9301...324.9313) › Section 324.9306 - Repealed. 1998, Act 463, Imd. Eff. Jan. 4, 1999.

324.9306 Repealed. 1998, Act 463, Imd. Eff. Jan. 4, 1999.
Compiler's Notes:
The repealed section pertained to election of district directors.
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 II - Pollution Control (324.3101...324.21563) › 451-1994-II-2 - Chapter 2 Nonpoint Source Pollution Control (324.8201...324.9510) › 451-1994-II-2-SOIL-CONSERVATION-EROSION-AND-SEDIMENTATION-CONTRO - Part Soil Conservation, Erosion, and Sedimentation Control (324.9101...324.9313) › 451-1994-II-2-SOIL-CONSERVATION-EROSION-AND-SEDIMENTATION-CONTRO - Part 93 Soil Conservation Districts (324.9301...324.9313) › Section 324.9309 - Cooperation Between Districts.

324.9309 Cooperation between districts.
Sec. 9309.
The directors of any 2 or more districts organized under this part may cooperate with one another in the exercise of any or all powers conferred in this part.
History:
Add. 1995, Act 60, 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 II - Pollution Control (324.3101...324.21563) › 451-1994-II-2 - Chapter 2 Nonpoint Source Pollution Control (324.8201...324.9510) › 451-1994-II-2-SOIL-CONSERVATION-EROSION-AND-SEDIMENTATION-CONTRO - Part Soil Conservation, Erosion, and Sedimentation Control (324.9101...324.9313) › 451-1994-II-2-SOIL-CONSERVATION-EROSION-AND-SEDIMENTATION-CONTRO - Part 93 Soil Conservation Districts (324.9301...324.9313) › Section 324.9310 - Cooperation of State Agencies; Agreements.

324.9310 Cooperation of state agencies; agreements.
Sec. 9310.
(1) Agencies of this state that have jurisdiction over, or are charged with the administration of, any state owned lands, and agencies of any county or other governmental subdivision of the state that have jurisdiction over, or are charged with the administration of, any county owned or other publicly owned lands, lying within the boundaries of any conservation district, shall cooperate to the fullest extent with the district in the effectuation of programs and operations undertaken by the district under this part. Agents of the district shall be given free access to enter and perform work upon such publicly owned lands.
(2) A conservation district may cooperate with and enter into agreements with a county, township, municipality, or other subdivision of state government in implementing soil, water, forestland, and related land-use projects. A county, township, municipality, or other subdivision of state government through its governing body may cooperate with and enter into agreement with a conservation district in carrying out this part and may assist a district by providing it with such materials, equipment, money, personnel, and other services.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995 ;-- Am. 1998, Act 463, Imd. Eff. Jan. 4, 1999 ;-- Am. 2013, Act 45, Imd. Eff. June 6, 2013
Popular Name:
Act 451
Popular Name:
NREPA