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-4 - Chapter 4 Recreation (324.70101...324.83109) › 451-1994-III-4-4 - Subchapter 4 the Michigan State Waterways Commission (324.78101...324.79508) › 451-1994-III-4-4-GENERAL - General (324.78101...324.78504) › 451-1994-III-4-4-GENERAL-781 - Part 781 Michigan State Waterways Commission (324.78101...324.78119) › Section 324.78108 - Financing Local Agencies and Public Colleges and Universities to Obtain Federal Participation; Contracts With Army Corps of Engineers.

324.78108 Financing local agencies and public colleges and universities to obtain federal participation; contracts with army corps of engineers.
Sec. 78108.
(1) The department may do 1 or more of the following:
(a) Take actions as may be necessary to provide the finances required of local agencies and public colleges and universities as condition for United States' participation in any project in which the department is empowered to act.
(b) Use any part or all of the appropriation and funds otherwise available to meet the portion of the requirement of local participation as the department considers proper.
(c) Enter into agreements with any public college or university or political subdivision of the state in connection with participation with the United States in any project in which the department is empowered to act and provide adjustments which in the judgment of the department are considered to be in the best interest of the state.
(2) The department may enter into any contract or agreement with the army corps of engineers of the United States, or any other agency or instrumentality of the United States for the dredging of harbors, the erection of breakwaters, piers or any other device for the protection of vessels, and may do any act or enter into any contract or agreement desirable in implementing this part. The department may take such steps as may be necessary to take advantage of any act of congress that may be of assistance in carrying out the purposes of this part.
History:
Add. 1995, Act 58, Imd. Eff. May 24, 1995 ;-- Am. 2003, Act 19, Imd. Eff. June 18, 2003
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-4 - Chapter 4 Recreation (324.70101...324.83109) › 451-1994-III-4-4 - Subchapter 4 the Michigan State Waterways Commission (324.78101...324.79508) › 451-1994-III-4-4-GENERAL - General (324.78101...324.78504) › 451-1994-III-4-4-GENERAL-781 - Part 781 Michigan State Waterways Commission (324.78101...324.78119) › Section 324.78109 - Administration of Part; Advice by Commission.

324.78109 Administration of part; advice by commission.
Sec. 78109.
The commission shall advise the department on the administration of this part.
History:
Add. 1995, Act 58, 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-4 - Chapter 4 Recreation (324.70101...324.83109) › 451-1994-III-4-4 - Subchapter 4 the Michigan State Waterways Commission (324.78101...324.79508) › 451-1994-III-4-4-GENERAL - General (324.78101...324.78504) › 451-1994-III-4-4-GENERAL-781 - Part 781 Michigan State Waterways Commission (324.78101...324.78119) › Section 324.78111 - State Appropriation as Advancement.

324.78111 State appropriation as advancement.
Sec. 78111.
It is the purpose of this part, in providing for harbors and channels, that the appropriation made by the state be considered an advancement, and that the fees, taxes, and other revenues received under this part, to be credited to the waterways account, shall be applied against the advancement, until all advancements have been fully paid. Thereafter, all such fees, taxes, and revenues shall be available for continued expansion and development of harbors and connecting waterways. However, subject to the approval of the state administrative board, the necessary expense of administration of this part, and any expense necessary to the protection of the harbors, and connecting waterways, constructed or established under the provisions of this part, or any improvement to the harbors and connecting waterways necessary for the proper and adequate protecting of vessels, shall be paid from the fees, taxes, and revenues before being credited to the advancements. The state administrative board shall from time to time provide for the transfer of credits to advancements from the waterways account to the general fund, until the advancements have been fully paid.
History:
Add. 1995, Act 58, Imd. Eff. May 24, 1995 ;-- Am. 2004, Act 587, Eff. Dec. 23, 2006
Compiler's Notes:
Enacting section 2 of Act 587 of 2004 provides:"Enacting section 2. This amendatory act does not take effect unless House Joint Resolution Z of the 92nd Legislature becomes a part of the state constitution of 1963 as provided in section 1 of article XII of the state constitution of 1963."
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-4 - Chapter 4 Recreation (324.70101...324.83109) › 451-1994-III-4-4 - Subchapter 4 the Michigan State Waterways Commission (324.78101...324.79508) › 451-1994-III-4-4-GENERAL - General (324.78101...324.78504) › 451-1994-III-4-4-GENERAL-781 - Part 781 Michigan State Waterways Commission (324.78101...324.78119) › Section 324.78112 - State Acceptance of Federal Program for Construction of Harbors of Refuge.

324.78112 State acceptance of federal program for construction of harbors of refuge.
Sec. 78112.
In addition to the other matters contained in this part, this part shall constitute prima facie evidence of the acceptance by the state of Michigan of the provisions for state participation in the federal program for construction of certain harbors of refuge within the boundaries of the state of Michigan as provided for in chapter 19, 59 Stat. 10, Public Law 14 of the 79th Congress authorized March 2, 1945, pursuant to House Document No. 446 of the 78th Congress.
History:
Add. 1995, Act 58, 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-4 - Chapter 4 Recreation (324.70101...324.83109) › 451-1994-III-4-4 - Subchapter 4 the Michigan State Waterways Commission (324.78101...324.79508) › 451-1994-III-4-4-GENERAL - General (324.78101...324.78504) › 451-1994-III-4-4-GENERAL-781 - Part 781 Michigan State Waterways Commission (324.78101...324.78119) › Section 324.78113 - Public Boating Access Site Advisory Committee.

324.78113 Public boating access site advisory committee.
Sec. 78113.
(1) Within 30 days after the effective date of this section, the department shall establish a public boating access site advisory committee to advise the department and the legislature on the state's method of acquiring public boating access sites. The advisory committee shall consist of not more than 20 members representing the boating industry, recreational users, riparian owners, local public officials who have public boating access sites within their local unit of government, experts from Michigan institutions of higher education, and other interested parties as appointed by the department. At least 2 members of the advisory committee shall be representatives of the general public. The advisory committee shall review and make recommendations regarding the current method of acquiring and operating public boating access sites. Additionally, the committee shall make recommendations on all of the following:
(a) The protection of the ecological integrity of lakes from degradation.
(b) The protection of the boating public and other lake users, including, but not limited to, riparian owners, from overly intense use of lakes.
(c) The provision of recreational boating opportunities for members of the general public.
(d) Other issues the advisory committee considers relevant.
(2) A meeting of the advisory committee shall be held in compliance with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(3) Within 6 months after the advisory committee is established under subsection (1), the advisory committee shall deliver a report to the department, the commission, and the legislature on administrative and any legislative changes that the state should consider in acquiring and operating public boating access sites.
(4) Not later than 1 year after the advisory committee is established under subsection (1), the advisory committee shall be disbanded.
History:
Add. 1998, Act 210, Imd. Eff. July 1, 1998
Compiler's Notes:
For transfer of public boating access site advisory committee to department of natural resources by type III transfer, see E.R.O. No. 2010-13, compiled at MCL 324.99917.
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-4 - Chapter 4 Recreation (324.70101...324.83109) › 451-1994-III-4-4 - Subchapter 4 the Michigan State Waterways Commission (324.78101...324.79508) › 451-1994-III-4-4-GENERAL - General (324.78101...324.78504) › 451-1994-III-4-4-GENERAL-781 - Part 781 Michigan State Waterways Commission (324.78101...324.78119) › Section 324.78114 - Acquisition of Public Boating Access Site; Placement of Land Option.

324.78114 Acquisition of public boating access site; placement of land option.
Sec. 78114.
(1) Prior to acquiring a public boating access site, the department shall obtain a 90-day option on the land proposed for acquisition. In obtaining this option, the department shall attempt to negotiate an option that may be transferred to a local unit of government. Upon placing the option on the land, the department shall notify the municipality and the county in which the land is located of the option and whether the department plans to hold a public hearing on the proposed purchase and development of the land as a public boating access site. The municipality or county in which the proposed public boating access site is located may hold a public hearing on the proposed purchase and development of the land as a public boating access site. If a municipality or county holds a public hearing under this subsection, the municipality or county shall notify the department, and a representative of the department shall attend the public hearing.
(2) During the 90-day period in which the department holds an option under subsection (1), the municipality or county in which the land is located may do either of the following:
(a) Notify the department that it intends to operate a public boating access site on that land. If the department receives a notice pursuant to this subdivision, the department shall transfer the option, if possible, to the municipality or county so that it may exercise the option and purchase the land. If the municipality exercises the option and purchases the land, the exercise of the option shall be contingent upon the municipality or county and the department entering into a legally enforceable agreement that specifies how the public boating access site will be operated. The agreement shall provide that the public boating access site will be operated in the same manner as a public boating access site that is operated by the department, unless the department agrees to alternative terms. The agreement shall also provide that if the municipality or county violates the agreement, the department may operate the public boating access site in compliance with the agreement.
(b) Identify another suitable location on the lake that the department could acquire for a public boating access site. The public boating access site shall be comparable for development as the one proposed by the department.
History:
Add. 1998, Act 210, Imd. Eff. July 1, 1998
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-4 - Chapter 4 Recreation (324.70101...324.83109) › 451-1994-III-4-4 - Subchapter 4 the Michigan State Waterways Commission (324.78101...324.79508) › 451-1994-III-4-4-GENERAL - General (324.78101...324.78504) › 451-1994-III-4-4-GENERAL-781 - Part 781 Michigan State Waterways Commission (324.78101...324.78119) › Section 324.78116 - Rules.

324.78116 Rules.
Sec. 78116.
The department may promulgate rules to implement this part.
History:
Add. 1998, Act 210, Imd. Eff. July 1, 1998
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-4 - Chapter 4 Recreation (324.70101...324.83109) › 451-1994-III-4-4 - Subchapter 4 the Michigan State Waterways Commission (324.78101...324.79508) › 451-1994-III-4-4-GENERAL - General (324.78101...324.78504) › 451-1994-III-4-4-GENERAL-781 - Part 781 Michigan State Waterways Commission (324.78101...324.78119) › Section 324.78117 - Township Ordinances Regulating Activities at Public Boating Access Site; Scope.

324.78117 Township ordinances regulating activities at public boating access site; scope.
Sec. 78117.
A township may by ordinance regulate activities at a public boating access site owned by the department and located on an inland lake or stream. However, the scope of the ordinance shall not exceed the scope of applicable rules promulgated or orders issued by the department under section 504.
History:
Add. 2006, Act 466, Imd. Eff. Dec. 20, 2006
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-4 - Chapter 4 Recreation (324.70101...324.83109) › 451-1994-III-4-4 - Subchapter 4 the Michigan State Waterways Commission (324.78101...324.79508) › 451-1994-III-4-4-GENERAL - General (324.78101...324.78504) › 451-1994-III-4-4-GENERAL-783 - Part 783 Ferry Docks at the Straits of Mackinac (324.78301...324.78308) › Section 324.78302 - Operation and Maintenance of Docks and Approaches to Docks; Determination; Purpose; Relinquishment of Control.

324.78302 Operation and maintenance of docks and approaches to docks; determination; purpose; relinquishment of control.
Sec. 78302.
The department shall operate and maintain the docks, and approaches to the docks, as the department determines is necessary to serve tourism and boating in the area. The department shall relinquish control of the docks and approaches for use by the state or any of its agencies if for any reason the Mackinac Straits bridge becomes unusable, or in the event of an emergency declared by the governor.
History:
Add. 1995, Act 58, 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-4 - Chapter 4 Recreation (324.70101...324.83109) › 451-1994-III-4-4 - Subchapter 4 the Michigan State Waterways Commission (324.78101...324.79508) › 451-1994-III-4-4-GENERAL - General (324.78101...324.78504) › 451-1994-III-4-4-GENERAL-783 - Part 783 Ferry Docks at the Straits of Mackinac (324.78301...324.78308) › Section 324.78303 - Ferry Docks at Straits of Mackinac; Leases; Concessions; Rules.

324.78303 Ferry docks at Straits of Mackinac; leases; concessions; rules.
Sec. 78303.
Subject to the provisions of this part, the department may grant leases and concessions for the use of the properties transferred by this part. The department shall promulgate rules for the use of these properties by all persons without discrimination. The department shall not grant exclusive use of the docking facilities to any person, but may lease designated areas to particular persons for the operation of commercial enterprises. The department may make arrangements with other state agencies for use of portions of the properties transferred by this part.
History:
Add. 1995, Act 58, 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-4 - Chapter 4 Recreation (324.70101...324.83109) › 451-1994-III-4-4 - Subchapter 4 the Michigan State Waterways Commission (324.78101...324.79508) › 451-1994-III-4-4-GENERAL - General (324.78101...324.78504) › 451-1994-III-4-4-GENERAL-783 - Part 783 Ferry Docks at the Straits of Mackinac (324.78301...324.78308) › Section 324.78304 - Entering Into Lease With Village of Mackinaw City; Duration; Duties of Village.

324.78304 Entering into lease with village of Mackinaw City; duration; duties of village.
Sec. 78304.
The department may enter into a lease for a period not to exceed 25 years with the village of Mackinaw City, whereby the village agrees to operate and maintain the parking facilities located on the property described in section 78301 as the Mackinaw City dock, to construct, operate, and maintain buildings on the Mackinaw City dock, or to perform other functions in relation to the Mackinaw City dock, under such terms and conditions as may be agreed upon by the department and the village of Mackinaw City.
History:
Add. 1995, Act 58, 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-4 - Chapter 4 Recreation (324.70101...324.83109) › 451-1994-III-4-4 - Subchapter 4 the Michigan State Waterways Commission (324.78101...324.79508) › 451-1994-III-4-4-GENERAL - General (324.78101...324.78504) › 451-1994-III-4-4-GENERAL-783 - Part 783 Ferry Docks at the Straits of Mackinac (324.78301...324.78308) › Section 324.78305 - Entering Into Lease With City of St. Ignace; Duration; Duties of City.

324.78305 Entering into lease with city of St. Ignace; duration; duties of city.
Sec. 78305.
The department may enter into a lease for a period not to exceed 25 years with the city of St. Ignace, whereby the city agrees to operate and maintain the parking facilities located on the property described in section 78301 as the St. Ignace docks numbers 1 and 2, to construct, operate, and maintain buildings on the St. Ignace docks numbers 1 and 2, or to perform other functions in relation to the St. Ignace docks numbers 1 and 2, under such terms and conditions as may be agreed upon by the department and the city of St. Ignace.
History:
Add. 1995, Act 58, 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-4 - Chapter 4 Recreation (324.70101...324.83109) › 451-1994-III-4-4 - Subchapter 4 the Michigan State Waterways Commission (324.78101...324.79508) › 451-1994-III-4-4-GENERAL - General (324.78101...324.78504) › 451-1994-III-4-4-GENERAL-783 - Part 783 Ferry Docks at the Straits of Mackinac (324.78301...324.78308) › Section 324.78306 - Land Transferred From Mackinac Island State Park Commission to Department; Small Craft Harbor Facility.

324.78306 Land transferred from Mackinac Island state park commission to department; small craft harbor facility.
Sec. 78306.
(1) The jurisdiction and control of the following described land is transferred from the Mackinac Island state park commission to the department:
A parcel of land beginning at the northwest corner of lot No. 88 of assessors plat No. 2, city of Mackinac Island, county of Mackinac, extending along the south side of Huron street in a westerly direction 530 feet thence to the shoreline of lake Huron in a southerly direction, the distance from Huron street to the shore of lake Huron being approximately 80 feet; thence easterly along the shore of lake Huron to the southwest corner of Lot No. 88 of assessors plat No. 2, city of Mackinac Island, county of Mackinac, and thence northerly approximately 80 feet along the west line of lot No. 88, assessors plat No. 2, city of Mackinac Island, county of Mackinac, to the point of beginning; also the docks, piers, buildings and appurtenances situated thereon or attached thereto, which are now under the jurisdiction of the Mackinac Island state park commission.
(2) The department shall operate the properties transferred by this section as a harbor facility for small craft and shall not permit the operation of any commercial enterprise thereon except the sale of marine fuel and other supplies for small craft by the department.
History:
Add. 1995, Act 58, 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-4 - Chapter 4 Recreation (324.70101...324.83109) › 451-1994-III-4-4 - Subchapter 4 the Michigan State Waterways Commission (324.78101...324.79508) › 451-1994-III-4-4-GENERAL - General (324.78101...324.78504) › 451-1994-III-4-4-GENERAL-783 - Part 783 Ferry Docks at the Straits of Mackinac (324.78301...324.78308) › Section 324.78307 - Disposition of Revenues.

324.78307 Disposition of revenues.
Sec. 78307.
All revenues received by the department under this part shall be deposited in the state treasury to the credit of the state waterways fund and shall be expended as appropriated by the legislature.
History:
Add. 1995, Act 58, 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-4 - Chapter 4 Recreation (324.70101...324.83109) › 451-1994-III-4-4 - Subchapter 4 the Michigan State Waterways Commission (324.78101...324.79508) › 451-1994-III-4-4-GENERAL - General (324.78101...324.78504) › 451-1994-III-4-4-GENERAL-783 - Part 783 Ferry Docks at the Straits of Mackinac (324.78301...324.78308) › Section 324.78308 - Administration of Part; Advice by Commission.

324.78308 Administration of part; advice by commission.
Sec. 78308.
The Michigan state waterways commission created in part 781 shall advise the department on the administration of this part.
History:
Add. 1995, Act 58, 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-4 - Chapter 4 Recreation (324.70101...324.83109) › 451-1994-III-4-4 - Subchapter 4 the Michigan State Waterways Commission (324.78101...324.79508) › 451-1994-III-4-4-GENERAL - General (324.78101...324.78504) › 451-1994-III-4-4-GENERAL-785 - Part 785 Cheboygan Lock and Dam (324.78501...324.78504) › Section 324.78501 - Cheboygan Lock and Dam; Acquisition.

324.78501 Cheboygan lock and dam; acquisition.
Sec. 78501.
The department may purchase and receive from its owners on behalf of the state for a nominal consideration of not to exceed $1.00 and subject to an agreement that the department maintain the property and such terms, conditions, and stipulations as the department may approve, the locks, dams, races, structures, and related properties, facilities, flowage easements, and real estate connected with or a part of the facility now known as the Cheboygan lock and dam, at Cheboygan, Michigan.
History:
Add. 1995, Act 58, 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-4 - Chapter 4 Recreation (324.70101...324.83109) › 451-1994-III-4-4 - Subchapter 4 the Michigan State Waterways Commission (324.78101...324.79508) › 451-1994-III-4-4-GENERAL - General (324.78101...324.78504) › 451-1994-III-4-4-GENERAL-785 - Part 785 Cheboygan Lock and Dam (324.78501...324.78504) › Section 324.78502 - Cheboygan Lock and Dam; Leases; Agreements.

324.78502 Cheboygan lock and dam; leases; agreements.
Sec. 78502.
The department may operate, control, maintain, and lease such property and may establish and revise fees and hours of operation for the facility. The department may enter into agreements with any person with respect to water rights, water levels, controls, lockage fees, and related matters.
History:
Add. 1995, Act 58, 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-4 - Chapter 4 Recreation (324.70101...324.83109) › 451-1994-III-4-4 - Subchapter 4 the Michigan State Waterways Commission (324.78101...324.79508) › 451-1994-III-4-4-GENERAL - General (324.78101...324.78504) › 451-1994-III-4-4-GENERAL-785 - Part 785 Cheboygan Lock and Dam (324.78501...324.78504) › Section 324.78503 - Revenues; Disposition.

324.78503 Revenues; disposition.
Sec. 78503.
Revenues received by the department under this part shall be deposited in the state treasury to the credit of the waterways account of the Michigan conservation and recreation legacy fund provided for in section 2035.
History:
Add. 1995, Act 58, Imd. Eff. May 24, 1995 ;-- Am. 2004, Act 587, Eff. Dec. 23, 2006
Compiler's Notes:
Enacting section 2 of Act 587 of 2004 provides:"Enacting section 2. This amendatory act does not take effect unless House Joint Resolution Z of the 92nd Legislature becomes a part of the state constitution of 1963 as provided in section 1 of article XII of the state constitution of 1963."
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-4 - Chapter 4 Recreation (324.70101...324.83109) › 451-1994-III-4-4 - Subchapter 4 the Michigan State Waterways Commission (324.78101...324.79508) › 451-1994-III-4-4-GENERAL - General (324.78101...324.78504) › 451-1994-III-4-4-GENERAL-785 - Part 785 Cheboygan Lock and Dam (324.78501...324.78504) › Section 324.78504 - Administration of Part; Advice by Commission.

324.78504 Administration of part; advice by commission.
Sec. 78504.
The Michigan state waterways commission created in part 781 shall advise the department on the administration of this part.
History:
Add. 1995, Act 58, 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-4 - Chapter 4 Recreation (324.70101...324.83109) › 451-1994-III-4-4 - Subchapter 4 the Michigan State Waterways Commission (324.78101...324.79508) › 451-1994-III-4-4-HARBOR-DEVELOPMENT - Harbor Development (324.79101...324.79508) › 451-1994-III-4-4-HARBOR-DEVELOPMENT-791 - Part 791 Harbor Development (324.79101...324.79118) › Section 324.79101 - Definitions.

324.79101 Definitions.
Sec. 79101.
As used in this part:
(a) "Commission" means the Michigan state waterways commission created in part 781.
(b) "Harbor" means a portion of a lake or other body of water either naturally or artificially protected in order to be a place of safety for watercraft.
(c) "Harbor facilities" means the structures of a harbor constructed to protect the lake or body of water and the facilities provided within the harbor and on shore for the mooring and servicing of watercraft and the servicing of crews and passengers.
(d) "Marina" means a site which contains harbor facilities.
(e) "Nonrevenue-producing harbor facilities" means any portion of harbor facilities that would not normally produce revenue and includes, but is not limited to, jetties, breakwaters, dredging, and shore protection.
(f) "Revenue-producing harbor facilities" means any portion of harbor facilities that normally produce revenue and includes, but is not limited to, watercraft slips, watercraft launching facilities, watercraft storage, lodging, access roads, watercraft repair facilities, parking lots, mechanical haul-out devices, and facilities for fuel, food, and other services.
(g) "Watercraft" means any contrivance used or designed for navigation on water, including, but not limited to, any vessel, ship, boat, motor vessel, steam vessel, vessel operated by machinery, motorboat, sailboat, barge, scow, tugboat, and rowboat.
History:
Add. 1995, Act 58, 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-4 - Chapter 4 Recreation (324.70101...324.83109) › 451-1994-III-4-4 - Subchapter 4 the Michigan State Waterways Commission (324.78101...324.79508) › 451-1994-III-4-4-HARBOR-DEVELOPMENT - Harbor Development (324.79101...324.79508) › 451-1994-III-4-4-HARBOR-DEVELOPMENT-791 - Part 791 Harbor Development (324.79101...324.79118) › Section 324.79102 - Providing Assistance to Certain Persons.

324.79102 Providing assistance to certain persons.
Sec. 79102.
The department may provide assistance to a person seeking to secure construction, operation, and maintenance of recreational boat slips on the waters of this state as provided in this part.
History:
Add. 1995, Act 58, 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-4 - Chapter 4 Recreation (324.70101...324.83109) › 451-1994-III-4-4 - Subchapter 4 the Michigan State Waterways Commission (324.78101...324.79508) › 451-1994-III-4-4-HARBOR-DEVELOPMENT - Harbor Development (324.79101...324.79508) › 451-1994-III-4-4-HARBOR-DEVELOPMENT-791 - Part 791 Harbor Development (324.79101...324.79118) › Section 324.79103 - Purchase of Real Property for Development of Marinas.

324.79103 Purchase of real property for development of marinas.
Sec. 79103.
The department may purchase real property accessible to, or capable of being made accessible to, the waters of this state for the development of marinas, as provided in this part, only when it can be demonstrated that the demand for recreational boat slips within a specific harbor or within a local unit of government exceeds the available supply.
History:
Add. 1995, Act 58, 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-4 - Chapter 4 Recreation (324.70101...324.83109) › 451-1994-III-4-4 - Subchapter 4 the Michigan State Waterways Commission (324.78101...324.79508) › 451-1994-III-4-4-HARBOR-DEVELOPMENT - Harbor Development (324.79101...324.79508) › 451-1994-III-4-4-HARBOR-DEVELOPMENT-791 - Part 791 Harbor Development (324.79101...324.79118) › Section 324.79104 - Purchase of Property Located Within Local Unit of Government.

324.79104 Purchase of property located within local unit of government.
Sec. 79104.
The department shall not purchase property located within a local unit of government, under this part, if the local unit of government where the property is located imposes property taxes on property containing a shoreline recreational facility that is owned by an adjacent local unit of government.
History:
Add. 1995, Act 58, 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-4 - Chapter 4 Recreation (324.70101...324.83109) › 451-1994-III-4-4 - Subchapter 4 the Michigan State Waterways Commission (324.78101...324.79508) › 451-1994-III-4-4-HARBOR-DEVELOPMENT - Harbor Development (324.79101...324.79508) › 451-1994-III-4-4-HARBOR-DEVELOPMENT-791 - Part 791 Harbor Development (324.79101...324.79118) › Section 324.79105 - Sale of Structures, Real Property, or Rights or Interest in Real Property.

324.79105 Sale of structures, real property, or rights or interest in real property.
Sec. 79105.
The department may sell or remove buildings or other structures on real property acquired by the department under this part, and may sell real property or rights or interest in real property not considered essential for the purposes of this part.
History:
Add. 1995, Act 58, 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-4 - Chapter 4 Recreation (324.70101...324.83109) › 451-1994-III-4-4 - Subchapter 4 the Michigan State Waterways Commission (324.78101...324.79508) › 451-1994-III-4-4-HARBOR-DEVELOPMENT - Harbor Development (324.79101...324.79508) › 451-1994-III-4-4-HARBOR-DEVELOPMENT-791 - Part 791 Harbor Development (324.79101...324.79118) › Section 324.79106 - Construction of Nonrevenue-Producing Harbor Facilities.

324.79106 Construction of nonrevenue-producing harbor facilities.
Sec. 79106.
If, in the judgment of the department, real property acquired under this part requires modification or improvement to make it financially attractive to potential investors in a marina, the department may construct nonrevenue-producing harbor facilities at those sites.
History:
Add. 1995, Act 58, 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-4 - Chapter 4 Recreation (324.70101...324.83109) › 451-1994-III-4-4 - Subchapter 4 the Michigan State Waterways Commission (324.78101...324.79508) › 451-1994-III-4-4-HARBOR-DEVELOPMENT - Harbor Development (324.79101...324.79508) › 451-1994-III-4-4-HARBOR-DEVELOPMENT-791 - Part 791 Harbor Development (324.79101...324.79118) › Section 324.79107 - Leases of Real Property.

324.79107 Leases of real property.
Sec. 79107.
After real property is acquired under this part, the department may enter into leases of the real property or portions of the real property the department determines will aid in the construction of a marina, the provision of summer or winter storage of watercraft, or the provision of services normally found at commercial marinas.
History:
Add. 1995, Act 58, 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-4 - Chapter 4 Recreation (324.70101...324.83109) › 451-1994-III-4-4 - Subchapter 4 the Michigan State Waterways Commission (324.78101...324.79508) › 451-1994-III-4-4-HARBOR-DEVELOPMENT - Harbor Development (324.79101...324.79508) › 451-1994-III-4-4-HARBOR-DEVELOPMENT-791 - Part 791 Harbor Development (324.79101...324.79118) › Section 324.79108 - Solicitation and Evaluation of Proposals.

324.79108 Solicitation and evaluation of proposals.
Sec. 79108.
(1) If the department determines that real property acquired by it under this part is suitable for use as a marina, the department shall publicly solicit proposals for the development of the marina and the lease of the real property. The solicitation of proposals shall include published notices in at least 1 local news publication of general circulation in the area in which the marina will be located and in at least 2 journals related to the marina, watercraft, or harbor industries, which journals have statewide circulation. A reasonable time shall be allowed for bidders to respond, and all proposals shall be publicly opened and read. A proposal received by the department in response to the solicitation may be rejected by the department for any reason or without cause if the department believes such action to be appropriate. The department may waive any defects in any proposals received, at its discretion, but is not required to do so.
(2) In evaluating proposals for the construction of revenue-producing harbor facilities and the operation of a marina, the department shall take into consideration, among other things, the technical qualifications of the applicants; the financial responsibility of the applicants; the ability of the applicants to perform efficiently the services necessary to maintain a sound facility, including the prior experience, if any, of the applicants in operating a marina; the proposed lease payments; the nature and scope of each applicant's plans for the marina; and the timetables for development of the proposed marina.
History:
Add. 1995, Act 58, 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-4 - Chapter 4 Recreation (324.70101...324.83109) › 451-1994-III-4-4 - Subchapter 4 the Michigan State Waterways Commission (324.78101...324.79508) › 451-1994-III-4-4-HARBOR-DEVELOPMENT - Harbor Development (324.79101...324.79508) › 451-1994-III-4-4-HARBOR-DEVELOPMENT-791 - Part 791 Harbor Development (324.79101...324.79118) › Section 324.79109 - Term of Lease; Extension; Rule Establishing Penalty Schedule for Nonpayment of Lease Payments; Notice of Taxation.

324.79109 Term of lease; extension; rule establishing penalty schedule for nonpayment of lease payments; notice of taxation.
Sec. 79109.
(1) A lease entered into by the department under this part shall be for an initial term of not more than 25 years. A lease may be extended for a period not to exceed 5 years, at the discretion of the department, if the lessee has complied with the provisions of the lease and has made appropriate efforts to upgrade and maintain the real property.
(2) The department shall establish, by rule, a penalty schedule for nonpayment of lease payments. The department shall provide in a lease entered into under this part that, if a lessee is in default on a payment for more than 60 days, or if a lessee defaults on a payment or delays making a payment for more than 30 days on more than 2 occasions in a single year, the department may declare the lease agreement breached and seek its remedies at law or in accordance with the lease agreement.
(3) The department shall provide notice in any lease entered into under this part that the lessee may be subject to taxation under Act No. 189 of the Public Acts of 1953, being sections 211.181 to 211.182 of the Michigan Compiled Laws.
History:
Add. 1995, Act 58, 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-4 - Chapter 4 Recreation (324.70101...324.83109) › 451-1994-III-4-4 - Subchapter 4 the Michigan State Waterways Commission (324.78101...324.79508) › 451-1994-III-4-4-HARBOR-DEVELOPMENT - Harbor Development (324.79101...324.79508) › 451-1994-III-4-4-HARBOR-DEVELOPMENT-791 - Part 791 Harbor Development (324.79101...324.79118) › Section 324.79110 - Sale, Transfer, or Assignment of Lease; Transfer by Bequest or Descent of Lessee.

324.79110 Sale, transfer, or assignment of lease; transfer by bequest or descent of lessee.
Sec. 79110.
A lease entered into by the department under this part or an interest in a lease entered into by the department under this part shall not be sold, transferred, or assigned unless the sale, transfer, or assignment is first approved by the department, after receipt of a written application containing the same information as to the purchaser, transferee, or assignee as is required of an original applicant. This section does not restrict the transfer by bequest or descent of the lessee.
History:
Add. 1995, Act 58, 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-4 - Chapter 4 Recreation (324.70101...324.83109) › 451-1994-III-4-4 - Subchapter 4 the Michigan State Waterways Commission (324.78101...324.79508) › 451-1994-III-4-4-HARBOR-DEVELOPMENT - Harbor Development (324.79101...324.79508) › 451-1994-III-4-4-HARBOR-DEVELOPMENT-791 - Part 791 Harbor Development (324.79101...324.79118) › Section 324.79111 - Consideration for Issuance of Lease; Reduction of Initial Financial Burden.

324.79111 Consideration for issuance of lease; reduction of initial financial burden.
Sec. 79111.
A lease entered into by the department under this part shall not be issued without consideration. However, the department may establish annual lease payments, which reduce the initial financial burden on the lessee as much as is reasonably possible, with subsequent payments to be appropriately increased to assure payment of the total lease obligation prior to the termination of the lease.
History:
Add. 1995, Act 58, 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-4 - Chapter 4 Recreation (324.70101...324.83109) › 451-1994-III-4-4 - Subchapter 4 the Michigan State Waterways Commission (324.78101...324.79508) › 451-1994-III-4-4-HARBOR-DEVELOPMENT - Harbor Development (324.79101...324.79508) › 451-1994-III-4-4-HARBOR-DEVELOPMENT-791 - Part 791 Harbor Development (324.79101...324.79118) › Section 324.79112 - Lease Agreements With 1 or More Local Units of Government; Apportionment of Revenue.

324.79112 Lease agreements with 1 or more local units of government; apportionment of revenue.
Sec. 79112.
The department may enter into lease agreements for purposes of this part with 1 or more local units of government or public colleges or universities acting jointly with the department as a lessor. Revenue from each lease shall be apportioned according to the proportional share of the investments made by the department and the local unit or units of government or public colleges or universities in the construction of nonrevenue-producing harbor facilities and in consideration of the relative land investments of the entities.
History:
Add. 1995, Act 58, Imd. Eff. May 24, 1995 ;-- Am. 2003, Act 19, Imd. Eff. June 18, 2003
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-4 - Chapter 4 Recreation (324.70101...324.83109) › 451-1994-III-4-4 - Subchapter 4 the Michigan State Waterways Commission (324.78101...324.79508) › 451-1994-III-4-4-HARBOR-DEVELOPMENT - Harbor Development (324.79101...324.79508) › 451-1994-III-4-4-HARBOR-DEVELOPMENT-791 - Part 791 Harbor Development (324.79101...324.79118) › Section 324.79113 - Minimum Standards for Construction and Operation of Harbor Facilities by Lessee.

324.79113 Minimum standards for construction and operation of harbor facilities by lessee.
Sec. 79113.
The department may establish minimum standards applicable to the construction and operation of harbor facilities by a lessee including, but not limited to, restrooms and showers, the number of slips available to transient and seasonal watercraft rentals, construction material, parking lots, engineering and architectural plans and designs, watercraft launching facilities, and watercraft storage and repair facilities.
History:
Add. 1995, Act 58, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA