reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-325 - Part 325 Great Lakes Submerged Lands (324.32501...324.32516) › Section 324.32504a - Restoration or Maintenance of Lighthouse; Lease or Agreement for Use of Lands; “Approved Organization” Defined.

324.32504a Restoration or maintenance of lighthouse; lease or agreement for use of lands; “approved organization” defined.
Sec. 32504a.
(1) The department may accept an application under this part from an approved organization, whether or not the approved organization is a riparian landowner, and may enter into a lease or agreement for the use of lands described in section 32502 on which a lighthouse is located, including the use of water over those lands immediately adjacent to the lighthouse.
(2) As used in this section, "approved organization" means a lawful nonprofit entity as approved by the department, a local unit of government, a federal or state agency or department, an educational agency, or a community development organization, that is seeking to secure a lease or agreement under this section for the purpose of restoring or maintaining a lighthouse.
History:
Add. 2002, Act 650, Imd. Eff. Dec. 23, 2002
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-325 - Part 325 Great Lakes Submerged Lands (324.32501...324.32516) › Section 324.32506 - Unpatented Lands and Unpatented Made Lands; Value Determination by Department; Appraisal; Decision of Court.

324.32506 Unpatented lands and unpatented made lands; value determination by department; appraisal; decision of court.
Sec. 32506.
The fair, cash market value of lands approved for sale under this part shall be determined by the department. Consideration paid to the state shall not be less than $50.00. If the applicant is not satisfied with the value determined by the department, within 30 days after the receipt of the determination he or she may submit a petition in writing to the circuit court of the county in which the lands are located, and the court shall appoint an appraiser or appraisers as the court shall determine for an appraisal of the lands. The decision of the court is final.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-325 - Part 325 Great Lakes Submerged Lands (324.32501...324.32516) › Section 324.32507 - Receipts; Disposition; Accounting; Employees.

324.32507 Receipts; disposition; accounting; employees.
Sec. 32507.
(1) All money received by the department from the sale, lease, or other disposition of land and water areas under this part shall be forwarded to the state treasurer and be credited to the land and water management permit fee fund created in section 30113.
(2) The department shall comply with the accounting laws of this state and the requirements with respect to submission of budgets. The department may hire employees, assistants, and services that may be necessary within the appropriation made by the legislature and may delegate this authority as may be necessary to implement this part.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-325 - Part 325 Great Lakes Submerged Lands (324.32501...324.32516) › Section 324.32508 - Lands Conveyed; Taxation.

324.32508 Lands conveyed; taxation.
Sec. 32508.
All lands conveyed or leased under this part are subject to taxation and the general property tax laws and other laws as other real estate used and taxed by the governmental unit or units within which the land is or may be included.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-325 - Part 325 Great Lakes Submerged Lands (324.32501...324.32516) › Section 324.32509 - Rules.

324.32509 Rules.
Sec. 32509.
The department may promulgate rules, in accordance with the requirements of law, consistent with this part, that may be necessary to implement this part.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-325 - Part 325 Great Lakes Submerged Lands (324.32501...324.32516) › Section 324.32510 - Land Filled, Excavated, or Modified Without Approval; Misdemeanor; Penalty; Issuance or Service of Appearance Ticket; “Minor Offense” Defined.

324.32510 Land filled, excavated, or modified without approval; misdemeanor; penalty; issuance or service of appearance ticket; “minor offense” defined.
Sec. 32510.
(1) Except as provided in subsection (2), a person who excavates or fills or in any manner alters or modifies any of the land or waters subject to this part without the approval of the department is guilty of a misdemeanor, punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both. Land altered or modified in violation of this part shall not be sold to any person convicted under this section at less than fair, cash market value.
(2) A person who commits a minor offense is guilty of a misdemeanor, punishable by a fine of not more than $500.00 for each violation. A law enforcement officer may issue and serve an appearance ticket upon a person for a minor offense pursuant to sections 9a to 9g of chapter IV of the code of criminal procedure, Act No. 175 of the Public Acts of 1927, being sections 764.9a to 764.9g of the Michigan Compiled Laws.
(3) As used in this section, "minor offense" means either of the following violations of this part if the department determines that restoration of the affected property is not required:
(a) The failure to obtain a permit under this part.
(b) A violation of a permit issued under this part.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-325 - Part 325 Great Lakes Submerged Lands (324.32501...324.32516) › Section 324.32511 - Certificate of Location of Lakeward Boundary; Application; Riparian Owner; Fee.

324.32511 Certificate of location of lakeward boundary; application; riparian owner; fee.
Sec. 32511.
A riparian owner may apply to the department for a certificate suitable for recording indicating the location of his or her lakeward boundary or indicating that the land involved has accreted to his or her property as a result of natural accretions or placement of a lawful, permanent structure. The application must be accompanied by a fee of $200.00 and proof of upland ownership.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995 ;-- Am. 2018, Act 18, Eff. May 14, 2018
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-325 - Part 325 Great Lakes Submerged Lands (324.32501...324.32516) › Section 324.32512 - Acts Prohibited; Exceptions; Activities Not Subject to Regulation; Applicability of Subsection (2) to Certain Lands.

324.32512 Acts prohibited; exceptions; activities not subject to regulation; applicability of subsection (2) to certain lands.
Sec. 32512.
(1) Except as provided in subsection (2), unless a permit has been granted by the department pursuant to part 13 or authorization has been granted by the legislature, or except as to boat wells and slips facilitating private, noncommercial, recreational boat use, not exceeding 50 feet in length where the spoil is not disposed of below the ordinary high-water mark of the body of water to which it is connected, a person shall not do any of the following:
(a) Construct, dredge, commence, or do any work with respect to an artificial canal, channel, ditch, lagoon, pond, lake, or similar waterway where the purpose is ultimate connection of the waterway with any of the Great Lakes, including Lake St. Clair.
(b) Connect any natural or artificially constructed waterway, canal, channel, ditch, lagoon, pond, lake, or similar waterway with any of the Great Lakes, including Lake St. Clair, for navigation or any other purpose.
(c) Dredge or place spoil or other material on bottomland.
(d) Construct a marina.
(2) Except as provided in subsection (3), the following activities are not subject to regulation under this part:
(a) Leveling of sand, removal of vegetation, grooming of soil, or removal of debris, in an area of unconsolidated material predominantly composed of sand, rock, or pebbles, located between the ordinary high-water mark and the water's edge.
(b) Mowing of vegetation between the ordinary high-water mark and the water's edge.
(3) Subsection (2) does not apply to lands included in the survey of the delta of the St. Clair River, otherwise referred to as the St. Clair flats, located within Clay township, St. Clair county, as provided for in 1899 PA 175.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995 ;-- Am. 2003, Act 14, Imd. Eff. June 5, 2003 ;-- Am. 2012, Act 247, Imd. Eff. July 2, 2012
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-325 - Part 325 Great Lakes Submerged Lands (324.32501...324.32516) › Section 324.32514 - Application for Permit; Copies to Department of Community Health, Local Units, and Adjacent Riparian Owners; Objections; Public Hearing; Notice; Conditional Permit; Additional Conditions.

324.32514 Application for permit; copies to department of community health, local units, and adjacent riparian owners; objections; public hearing; notice; conditional permit; additional conditions.
Sec. 32514.
(1) Upon receipt of the application, the department shall mail copies of the application to the department of community health, the clerks of the county, city, village, and township, and, if one exists, the drain commissioner of the county, in which the project or body of water affected is located, and to the adjacent riparian owners. Along with the application, the department shall include a statement that unless a written objection is filed with the department within 20 days after the mailing of the copies of the application, the department may take action to grant the application. The department may hold a public hearing on the application. If the department holds a public hearing, the department shall provide notice of the public hearing by publication in a newspaper circulated in the county and by mailing copies of the notice to the persons named in this section at least 10 days prior to the date of the public hearing.
(2) Notwithstanding subsection (1), the department may issue a conditional permit before the expiration of the 20-day period if emergency conditions warrant a project to protect property or public health, safety, or welfare. Following the 20-day period and any public hearing that is held, the department shall take into consideration additional information or objections received and may, consistent with this part, place additional conditions on the final permit.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995 ;-- Am. 2013, Act 12, Imd. Eff. Mar. 27, 2013
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-325 - Part 325 Great Lakes Submerged Lands (324.32501...324.32516) › Section 324.32515 - Artificial Waterway; Permit; Issuance; Conditions; Maintenance.

324.32515 Artificial waterway; permit; issuance; conditions; maintenance.
Sec. 32515.
If the department finds that the project will not injure the public trust or interest including fish and game habitat, that the project conforms to the requirements of law for sanitation, and that no material injury to the rights of any riparian owners on any body of water affected will result, the department shall issue a permit authorizing enlargement of the waterway affected. The permit shall provide that the artificial waterway shall be a public waterway, except intake or discharge canals or channels on property owned, controlled, and used by a public utility. The existing and future owners of land fronting on the artificial waterway are liable for maintenance of the waterway in accordance with the conditions of the permit.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995 ;-- Am. 2004, Act 325, Imd. Eff. Sept. 10, 2004
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-325 - Part 325 Great Lakes Submerged Lands (324.32501...324.32516) › Section 324.32515a - Dredging or Placing Dredged Spoils on Bottomland; Permit; Conditions.

324.32515a Dredging or placing dredged spoils on bottomland; permit; conditions.
Sec. 32515a.
A permit under this part to dredge or place dredged spoil on bottomland is subject to all of the following:
(a) The permit shall be valid for a period of 5 years.
(b) During the term of the permit, the department shall not require additional environmental studies or surveys unless an act of God results in significant geological or ecological changes to the permitted area.
(c) The permit shall allow, at the discretion of the applicant, open lake disposal of dredge material that is not contaminated with toxic substances as defined in R 323.1205 of the Michigan administrative code in waters at the 30-meter depth contour or deeper. However, dredge materials shall not be disposed of within a Great Lakes bottomland preserve established under part 761, a permitted submerged log removal area under part 326, or a lake trout or diporeia refuge.
History:
Add. 2013, Act 87, Imd. Eff. June 28, 2013
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-325 - Part 325 Great Lakes Submerged Lands (324.32501...324.32516) › Section 324.32516 - Repealed. 2012, Act 247, Imd. Eff. July 2, 2012.

324.32516 Repealed. 2012, Act 247, Imd. Eff. July 2, 2012.
Compiler's Notes:
The repealed section pertained to identification of Great Lakes and Lake St. Clair shoreline where removal of vegetation is allowed.
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-326 - Part 326 Great Lakes Submerged Logs Recovery (324.32601...324.32615) › Section 324.32601 - Definitions.

324.32601 Definitions.
Sec. 32601.
As used in this part:
(a) "Bottomlands" means land in the Great Lakes, and bays and harbors of the Great Lakes, lying below and lakeward of the ordinary high-water mark as described in section 32502.
(b) "Department" means the department of environmental quality.
(c) "Fair market value" means the price based upon the unique historical and physical properties, including, but not limited to, species, growth rates, volume, and condition of the submerged logs as calculated at dockside following delivery to shore.
(d) "Fund" means the submerged log recovery fund created in section 32610.
(e) "Great Lakes" means Lake Superior, Lake Michigan, Lake Huron, and Lake Erie, and includes Lake St. Clair.
(f) "Ordinary high-water mark" means the elevations described in section 32502. When the soil, configuration of the surface, or vegetation has been altered by human activity, the ordinary high-water mark is located where it would have been if this alteration had not occurred.
(g) "Patented lands" means any bottomlands lying within a specific government grant area, including a private claim patent or federal patent.
(h) "Riparian owner" means a person who owns frontage bordering bottomlands.
(i) "Riparian rights" means those rights that are associated with the ownership of frontage bordering bottomlands, subject to the public trust.
(j) "Submerged log" means a portion of the trunk of a felled tree that has not been further processed for any end use and is located on, in, over, or under bottomlands. Submerged log does not include a portion of a tree that is located in the Great Lakes or on, in, over, or under bottomlands that poses a navigational or safety hazard or is of no or little commercial value.
(k) "Unpatented lands" means all bottomlands except patented lands.
History:
Add. 2000, Act 278, Imd. Eff. July 10, 2000
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-326 - Part 326 Great Lakes Submerged Logs Recovery (324.32601...324.32615) › Section 324.32602 - Submerged Logs; Reservation of Ownership Rights.

324.32602 Submerged logs; reservation of ownership rights.
Sec. 32602.
This state reserves to itself title and ownership of all submerged logs lying on or over, embedded in, or buried under unpatented lands.
History:
Add. 2000, Act 278, Imd. Eff. July 10, 2000
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-326 - Part 326 Great Lakes Submerged Logs Recovery (324.32601...324.32615) › Section 324.32603 - Removal of Submerged Logs From Bottomlands, Patented Lands, or Underwater Preserves; Permit.

324.32603 Removal of submerged logs from bottomlands, patented lands, or underwater preserves; permit.
Sec. 32603.
(1) A person shall not remove submerged logs from bottomlands except as authorized by a permit issued by the department pursuant to part 13.
(2) The department may issue a permit under this part to a person for the removal of submerged logs from patented lands if permission is received from the lawful owner of the patented lands.
(3) A person shall not recover, alter, or destroy abandoned property as defined in part 761 while engaging in submerged log removal operations under a submerged log removal permit issued under this part.
(4) For submerged log recovery in underwater preserves established under part 761, the department shall place reasonable conditions on submerged log removal permits to prevent damage to abandoned watercraft or other features of archaeological, historical, recreational, or environmental significance and to minimize conflicts between recreational activities within the preserve and the submerged log recovery operation.
History:
Add. 2000, Act 278, Imd. Eff. July 10, 2000 ;-- Am. 2011, Act 218, Imd. Eff. Nov. 10, 2011
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-326 - Part 326 Great Lakes Submerged Logs Recovery (324.32601...324.32615) › Section 324.32604 - Application for Submerged Log Removal Permit; Submission; Form; Information; Time Period for Submission; Disposition of Fees.

324.32604 Application for submerged log removal permit; submission; form; information; time period for submission; disposition of fees.
Sec. 32604.
(1) Applications for submerged log removal permits shall be submitted before February 1 of each calendar year.
(2) An application for a submerged log removal permit shall be submitted in writing on a form provided by the department and shall include all of the following:
(a) A description of the proposed bottomland log removal area with boundaries delineated by the use of current technology such as a digital global positioning system or other technology approved by the department. The proposed bottomland log removal area shall be a contiguous area of not more than 320 acres. The area proposed shall be square or rectangular in shape, and the length shall not exceed the width by more than a factor of 6.
(b) A description of the methods to be used to raise the submerged logs, the time of year during which submerged logs will be raised, and the procedures to be used for transferring logs to the shore.
(c) Identification of any adverse environmental impacts associated with the proposed submerged log removal method.
(d) Identification of the steps proposed to mitigate any adverse environmental impacts caused by the proposed submerged log removal operation.
(e) Other information that the department considers necessary in evaluating a submerged log removal permit application.
(f) A $500.00 application fee.
(3) An application for a submerged log removal permit is not complete until all information requested on the application form and any other information requested by the department are received. Within 30 days of its receipt of an application, the department shall notify the applicant in writing if the application is deficient. The applicant shall submit the requested information to the department within 30 days after the date the notice is provided. If the applicant fails to respond within the 30-day period, the department shall deny the submerged log removal permit unless the applicant requests and the department approves an extension of time based upon the applicant's reasonable justification for the extension.
(4) Application fees received under this section shall be forwarded to the state treasurer for deposit into the fund.
History:
Add. 2000, Act 278, Imd. Eff. July 10, 2000 ;-- Am. 2011, Act 218, Imd. Eff. Nov. 10, 2011
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-326 - Part 326 Great Lakes Submerged Logs Recovery (324.32601...324.32615) › Section 324.32605 - Receipt of Completed Application; Review by Department; Issuance of Permit; Conditions.

324.32605 Receipt of completed application; review by department; issuance of permit; conditions.
Sec. 32605.
Upon receiving a complete application for a submerged log removal permit, the department shall do both of the following:
(a) Place the application on public notice for a 20-day period for review and comment.
(b) Submit a copy to the department of natural resources and the department of state for their review and comment.
History:
Add. 2000, Act 278, Imd. Eff. July 10, 2000
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-326 - Part 326 Great Lakes Submerged Logs Recovery (324.32601...324.32615) › Section 324.32606 - Department Review of Application; Issuance; Limitation; Time Period for Making Decision; Conditions; Notification of Approval or Denial; Disposition of Fees.

324.32606 Department review of application; issuance; limitation; time period for making decision; conditions; notification of approval or denial; disposition of fees.
Sec. 32606.
(1) The department shall review each complete application received for a submerged log removal permit and shall not issue a permit unless the department determines both of the following:
(a) That any adverse impacts, including, but not limited to, impacts to the environment, natural resources, riparian rights, and the public trust are minimal and will be mitigated to the extent practicable.
(b) That the proposed activity will not unreasonably affect the public health, safety, and welfare.
(2) The department may determine that certain areas within a proposed bottomland log removal area described in an application for a submerged log removal permit shall not be authorized for submerged log removal based upon adverse impacts, including, but not limited to, adverse impacts to the environment, natural resources, riparian rights, and the public trust.
(3) The department shall make a decision on whether or not to issue a submerged log removal permit under this part within 90 days after the close of the review and comment period under section 32605 or, if a public hearing is held under section 32608, within 90 days after the date of that public hearing.
(4) If the department issues a submerged log removal permit, the department shall condition the permit on compliance with both of the following:
(a) The permittee has provided the department with a $3,000.00 log recovery fee.
(b) The permittee has provided the department a bond as required in section 32607(7).
(5) The department shall notify the applicant in writing within 10 days after the date the department approves or denies a submerged log removal permit under this section.
(6) The department shall forward log recovery fees received under this subsection to the state treasurer for deposit into the Great Lakes fund created in section 32611.
History:
Add. 2000, Act 278, Imd. Eff. July 10, 2000 ;-- Am. 2011, Act 218, Imd. Eff. Nov. 10, 2011
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-326 - Part 326 Great Lakes Submerged Logs Recovery (324.32601...324.32615) › Section 324.32608 - Application for Submerged Log Removal Permit; Hearing.

324.32608 Application for submerged log removal permit; hearing.
Sec. 32608.
(1) The department may hold a public hearing on an application for a submerged log removal permit if the department desires additional information before making a decision on the permit application, or upon request, if such request is made within the public notice period.
(2) An applicant for a submerged log removal permit or a riparian owner who is aggrieved by an action or inaction of the department under this part may request a formal hearing on the matter, pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, within 60 days of the notice of the department's decision.
History:
Add. 2000, Act 278, Imd. Eff. July 10, 2000
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-326 - Part 326 Great Lakes Submerged Logs Recovery (324.32601...324.32615) › Section 324.32609 - Sawlog Stumpage Value; Reservation of Payments; "Sawlog Stumpage Value" Defined; Report and Payments Due; Disposition of Payments; Overdue Payment.

324.32609 Sawlog stumpage value; reservation of payments; "sawlog stumpage value" defined; report and payments due; disposition of payments; overdue payment.
Sec. 32609.
(1) The state reserves a payment of 15% of the sawlog stumpage value of each submerged log that is removed from unpatented lands. As used in this subsection, "sawlog stumpage value" means the price received from recovered submerged logs.
(2) The holder of a submerged log removal permit under this part shall provide the department with a detailed report and all payments due under this section within 30 days after the close of each calendar quarter. The report shall include an accurate scaling at dockside of all submerged logs removed, by species. The permittee shall provide for an independent agent, approved by the department in writing, to conduct the scaling and species determination.
(3) All payments received under this section shall be forwarded to the state treasurer for deposit into the fund.
(4) After a permittee is notified in writing that a payment under this section is overdue, the department may order suspension of the submerged log removal permit until the payment is submitted in full. The permittee shall not resume submerged log removal operations until the department provides written authorization for the operations to resume.
History:
Add. 2000, Act 278, Imd. Eff. July 10, 2000 ;-- Am. 2011, Act 218, Imd. Eff. Nov. 10, 2011
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-326 - Part 326 Great Lakes Submerged Logs Recovery (324.32601...324.32615) › Section 324.32610 - Submerged Log Recovery Fund.

324.32610 Submerged log recovery fund.
Sec. 32610.
(1) The submerged log recovery fund is created within the state treasury.
(2) The state treasurer may receive money or other assets from any source for deposit into the fund. The state treasurer shall direct the investment of the fund. The state treasurer shall credit to the fund interest and earnings from fund investments.
(3) Money in the fund at the close of the fiscal year shall remain in the fund and shall not lapse to the general fund.
(4) Subject to subsection (5), money from the fund shall be used, upon appropriation, for the administrative costs of the department, the department of natural resources, and the department of state in implementing this part.
(5) On December 1, 2001 and on December 1 of each following year, the state treasurer shall transfer the balance of the fund as follows:
(a) Fifty percent to the Great Lakes fund created in section 32611.
(b) Fifty percent to the forest development fund established under section 50507.
History:
Add. 2000, Act 277, Imd. Eff. July 10, 2000
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-326 - Part 326 Great Lakes Submerged Logs Recovery (324.32601...324.32615) › Section 324.32611 - Great Lakes Fund.

324.32611 Great Lakes fund.
Sec. 32611.
(1) The Great Lakes fund is created within the state treasury.
(2) The state treasurer may receive money or other assets from any source for deposit into the Great Lakes fund. The state treasurer shall direct the investment of the Great Lakes fund. The state treasurer shall credit to the Great Lakes fund interest and earnings from Great Lakes fund investments.
(3) Money in the Great Lakes fund at the close of the fiscal year shall remain in the Great Lakes fund and shall not lapse to the general fund.
(4) The department shall expend money from the Great Lakes fund, upon appropriation, only for environmental projects related to the Great Lakes and areas contiguous to the Great Lakes including, but not limited to, the prevention and management of nonnative species, coastal wetland restoration, contaminated sediment cleanup, and underwater preserve management, and for the administration of this part.
History:
Add. 2000, Act 277, Imd. Eff. July 10, 2000 ;-- Am. 2011, Act 218, Imd. Eff. Nov. 10, 2011
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-326 - Part 326 Great Lakes Submerged Logs Recovery (324.32601...324.32615) › Section 324.32612 - Violation; Civil Action; Remedies; Civil Fine.

324.32612 Violation; civil action; remedies; civil fine.
Sec. 32612.
(1) The department may bring a civil action against a person in the circuit court of the county in which a violation occurs or in Ingham county circuit court to do 1 or more of the following:
(a) Enforce compliance with this part and the rules promulgated under this part.
(b) Restrain a violation of this part or the rules promulgated under this part.
(c) Enjoin the further performance of, or order the removal of, any project that is undertaken contrary to this part or the rules promulgated under this part.
(d) Enforce a permit issued under this part.
(e) Order the restoration of an area affected by a violation of this part or the rules promulgated under this part to its prior condition.
(2) In an action brought under this section, the circuit court, in addition to any other relief granted, may assess a civil fine of not more than $5,000.00 per day for each day of violation of this part or the rules promulgated under this part.
(3) Any civil fine or remedy assessed, sought, or agreed to by the department shall be appropriate to the violation.
(4) Civil fines recovered under this section shall be forwarded to the state treasurer for deposit into the fund.
History:
Add. 2000, Act 278, Imd. Eff. July 10, 2000
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-326 - Part 326 Great Lakes Submerged Logs Recovery (324.32601...324.32615) › Section 324.32613 - Violation as Misdemeanor; Penalties.

324.32613 Violation as misdemeanor; penalties.
Sec. 32613.
(1) A person who does any of the following is guilty of a misdemeanor punishable by a fine of not more than $10,000.00 per day for each day of violation:
(a) Violates this part or a rule promulgated under this part.
(b) Violates a permit issued under this part.
(c) Makes a false statement, representation, or certification in an application for or with regard to a permit or in a notice or report required by a permit.
(d) Renders inaccurate any monitoring device or method required to be maintained by a permit.
(2) In addition to any other penalty provided in this section, a court shall order a person convicted under this section to return to the state any logs removed from bottomlands in violation of this part or the rules promulgated under this part, or to compensate the state for the full market value of the logs. If the person convicted under this section had been issued a permit under this part, the permit is void as of the date of conviction.
History:
Add. 2000, Act 278, Imd. Eff. July 10, 2000
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-326 - Part 326 Great Lakes Submerged Logs Recovery (324.32601...324.32615) › Section 324.32614 - Repealed. 2018, Act 237, Eff. Sept. 25, 2018.

324.32614 Repealed. 2018, Act 237, Eff. Sept. 25, 2018.
Compiler's Notes:
The repealed section pertained to an annual report on great lakes submerged logs recovery 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 III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-326 - Part 326 Great Lakes Submerged Logs Recovery (324.32601...324.32615) › Section 324.32615 - Rules.

324.32615 Rules.
Sec. 32615.
The department may promulgate rules to implement this part.
History:
Add. 2000, Act 278, Imd. Eff. July 10, 2000
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-327 - Part 327 Great Lakes Preservation (324.32701...324.32730) › Section 324.32703 - Diversion of Waters Prohibited.

324.32703 Diversion of waters prohibited.
Sec. 32703.
Subject to section 32704, a diversion of the waters of the state out of the Great Lakes basin is prohibited.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995 ;-- Am. 2006, Act 33, Imd. Eff. Feb. 28, 2006 ;-- Am. 2008, Act 180, Imd. Eff. July 9, 2008
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-327 - Part 327 Great Lakes Preservation (324.32701...324.32730) › Section 324.32703a - Diversion; Authorization; Conditions.

324.32703a Diversion; authorization; conditions.
Sec. 32703a.
(1) If the prohibition in section 32703 is determined to be invalid, the waters of the state shall not be diverted unless authorized by law.
(2) When considering whether to grant legislative approval for a diversion, the legislature shall consider sections 51 and 52 of article IV of the state constitution of 1963 and whether the project serves a public purpose, whether the project will result in no material harm to the waters of the state, the public trust, or related purposes, and whether the project would result in any improvement to the waters of the state or the water dependent natural resources of the state.
History:
Add. 2006, Act 33, Imd. Eff. Feb. 28, 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-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-327 - Part 327 Great Lakes Preservation (324.32701...324.32730) › Section 324.32704 - Applicability of MCL 324.32703.

324.32704 Applicability of MCL 324.32703.
Sec. 32704.
Section 32703 does not apply to a diversion of the waters of the Great Lakes out of the drainage basin of the Great Lakes existing on September 30, 1985.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-327 - Part 327 Great Lakes Preservation (324.32701...324.32730) › Section 324.32704a - Diversion; Proposal; Comment Period; Notification; Waiver.

324.32704a Diversion; proposal; comment period; notification; waiver.
Sec. 32704a.
The governor shall establish a public comment period with regard to a proposal subject to 42 USC 1962d-20 to divert waters of the Great Lakes basin outside of the Great Lakes basin and shall notify the standing committees of the legislature with jurisdiction over issues primarily pertaining to natural resources and the environment of his or her receipt of the proposal. The governor may waive the comment period under this section if he or she determines that it is necessary to take immediate action to provide humanitarian relief or firefighting capabilities.
History:
Add. 2006, Act 33, Imd. Eff. Feb. 28, 2006
Popular Name:
Act 451
Popular Name:
NREPA