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-LAND-HABITATS - Land Habitats (324.35101...324.36207) › 451-1994-III-1-LAND-HABITATS-353 - Part 353 Sand Dunes Protection and Management (324.35301...324.35326) › Section 324.35303 - Notice to Local Units of Government and Property Owners; Copy of “Atlas of Critical Dune Areas”; Contents of Notice; Supplying Addresses of Property Owners.

324.35303 Notice to local units of government and property owners; copy of “atlas of critical dune areas”; contents of notice; supplying addresses of property owners.
Sec. 35303.
(1) As soon as practicable following July 5, 1989, the department shall notify by mail each local unit of government that has within its jurisdiction critical dune areas, and include a copy of the "atlas of critical dune areas" dated February 1989 and a copy of former Act No. 222 of the Public Acts of 1976 with the notice. By October 1, 1989, the department shall mail a copy of the same notice to each property owner of record who owns property within a critical dune area. The notices shall include the following information:
(a) That designated property within the local unit of government is a critical dune area that is subject to regulation under former Act No. 222 of the Public Acts of 1976.
(b) That a local unit of government may adopt a zoning ordinance that is approved by the department, or, if the local unit of government does not have an approved ordinance, the use of the critical dune area will be regulated by the department under the model zoning plan.
(2) Upon the request of the department, a local unit of government shall supply to the department the address of each property owner of record who owns property within a critical dune area within its jurisdiction in a timely manner that enables the department to provide notice to the property owners as required under subsection (1).
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-LAND-HABITATS - Land Habitats (324.35101...324.36207) › 451-1994-III-1-LAND-HABITATS-353 - Part 353 Sand Dunes Protection and Management (324.35301...324.35326) › Section 324.35305 - Hearing; Judicial Review.

324.35305 Hearing; judicial review.
Sec. 35305.
(1) If an applicant for a permit or a special exception or the owner of the property immediately adjacent to the proposed use is aggrieved by a decision of the department in regard to the issuance or denial of a permit or special exception under this part, the applicant or owner may request a formal hearing on the matter involved. The hearing shall be conducted by the department as a contested case hearing in the manner provided for in the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(2) Following the hearing provided for under subsection (1), a decision of the department in regard to the issuance or denial of a permit or special exception under this part is subject to judicial review as provided for in the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995 ;-- Am. 2012, Act 297, Imd. Eff. Aug. 7, 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-LAND-HABITATS - Land Habitats (324.35101...324.36207) › 451-1994-III-1-LAND-HABITATS-353 - Part 353 Sand Dunes Protection and Management (324.35301...324.35326) › Section 324.35307 - Maps.

324.35307 Maps.
Sec. 35307.
Upon adoption of an approved zoning ordinance, certified copies of the maps showing critical dune areas, and existing development and uses, shall be sent by the local unit of government to the state tax commission and the assessing office, planning commission, and governing board of the local unit of government, if requested by an entity listed in this section.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-LAND-HABITATS - Land Habitats (324.35101...324.36207) › 451-1994-III-1-LAND-HABITATS-353 - Part 353 Sand Dunes Protection and Management (324.35301...324.35326) › Section 324.35308 - Prohibited Uses; Exception.

324.35308 Prohibited uses; exception.
Sec. 35308.
(1) Except as provided in subsection (2), the following uses shall be prohibited in a critical dune area:
(a) A surface drilling operation that is utilized for the purpose of exploring for or producing hydrocarbons or natural brine or for the disposal of the waste or by-products of the operation.
(b) Production facilities regulated under parts 615 and 625.
(2) Uses described in subsection (1) that are lawfully in existence at a site on July 5, 1989 may be continued. The continuance, completion, restoration, reconstruction, extension, or substitution of those existing uses shall be permitted upon reasonable terms prescribed by the department.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-LAND-HABITATS - Land Habitats (324.35101...324.36207) › 451-1994-III-1-LAND-HABITATS-353 - Part 353 Sand Dunes Protection and Management (324.35301...324.35326) › Section 324.35309 - Use Permit and Inspection Fee; Disposition of Fees; Authorization of Separate Fee; Bond.

324.35309 Use permit and inspection fee; disposition of fees; authorization of separate fee; bond.
Sec. 35309.
(1) A local unit of government, or the department if the local unit of government does not have an approved zoning ordinance, may establish a use permit and inspection fee.
(2) The department shall forward all fees it collects under this section to the state treasurer for deposit in the land and water management permit fee fund created in part 301.
(3) Fees collected by a local unit of government shall be credited to the treasury of the local unit of government to be used to defray the cost of administering uses under a zoning ordinance.
(4) In addition to fees provided for in this section, a soil conservation district may charge a separate fee to cover the actual expense of providing services under this part and for providing technical assistance and advice to individuals who seek assistance in matters pertaining to compliance under this part.
(5) A local unit of government, or the department if the local unit of government does not have an approved zoning ordinance, may require the holder of a permit issued by a local unit of government or the department to file with the local unit of government or the department a bond executed by an approved surety in this state in an amount necessary to assure faithful conformance with the permit.
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-LAND-HABITATS - Land Habitats (324.35101...324.36207) › 451-1994-III-1-LAND-HABITATS-353 - Part 353 Sand Dunes Protection and Management (324.35301...324.35326) › Section 324.35311 - Review of “Atlas of Critical Dune Areas”; Appointment and Duties of Review Team.

324.35311 Review of “atlas of critical dune areas”; appointment and duties of review team.
Sec. 35311.
Beginning with the effective date of the 2012 act that amended this section and once every 10 years thereafter, the department may appoint a team of qualified ecologists, who may be employed by the department or may be persons with whom the department enters into contracts, to review "the atlas of critical dune areas" dated February 1989. The review team shall evaluate the accuracy of the designations of critical dune areas within the atlas and shall recommend to the legislature any changes to the atlas or underlying criteria revisions to the atlas that would provide more precise protection to the targeted resource.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995 ;-- Am. 2012, Act 297, Imd. Eff. Aug. 7, 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-LAND-HABITATS - Land Habitats (324.35101...324.36207) › 451-1994-III-1-LAND-HABITATS-353 - Part 353 Sand Dunes Protection and Management (324.35301...324.35326) › Section 324.35312 - Zoning Ordinance; Provisions; Regulation of Additional Lands.

324.35312 Zoning ordinance; provisions; regulation of additional lands.
Sec. 35312.
(1) A local unit of government that has 1 or more critical dune areas within its jurisdiction may formulate a zoning ordinance pursuant to the Michigan zoning enabling act, 2006 PA 110, MCL 125.3101 to 125.3702.
(2) A zoning ordinance shall consist of all of the provisions of the model zoning plan or comparable provisions that provide substantially equivalent protection of critical dune areas as the model zoning plan but shall not be more restrictive than the model zoning plan or the standard of review for permits or variances prescribed in the model zoning plan.
(3) A local unit of government may by an affirmative vote of its governing body following a public hearing regulate additional lands as critical dune areas under this part as considered appropriate by the planning commission if the lands are determined by the local unit of government to be essential to the hydrology, ecology, topography, or integrity of a critical dune area. A local unit of government shall provide within its zoning ordinance for the protection of lands that are within 250 feet of a critical dune area, if those lands are determined by the local unit of government to be essential to the hydrology, ecology, topography, or integrity of a critical dune area.
(4) If a local unit of government does not have an approved zoning ordinance, the department may regulate additional lands described in subsection (3). However, the lands added by the department shall not extend more than 250 feet from the landward boundary of a critical dune area, unless, following a public hearing, an affirmative vote of the governing body of the local unit of government authorizes a further extension. If the director determines that the mapping of a critical dune area designated in the "atlas of critical dune areas" dated February 1989 was inaccurate, the department may regulate additional lands. However, the lands added by the department shall not extend more than 250 feet from the landward boundary of a critical dune area.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995 ;-- Am. 2012, Act 297, Imd. Eff. Aug. 7, 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-LAND-HABITATS - Land Habitats (324.35101...324.36207) › 451-1994-III-1-LAND-HABITATS-353 - Part 353 Sand Dunes Protection and Management (324.35301...324.35326) › Section 324.35313 - Zoning Ordinance; Requirements for Applications for Permits for Use of Critical Dune Area.

324.35313 Zoning ordinance; requirements for applications for permits for use of critical dune area.
Sec. 35313.
(1) A zoning ordinance shall require that all applications for permits for the use of a critical dune area include in writing all of the following:
(a) That the county enforcing agency designated pursuant to part 91 finds that the project is in compliance with part 91 and any applicable soil erosion and sedimentation control ordinance that is in effect in the local unit of government.
(b) That a proposed sewage treatment or disposal system on the site has been approved by the county health department or the department.
(c) Assurances that the cutting and removing of trees and other vegetation will be performed according to the "forestry management guidelines for Michigan" prepared by the society of American foresters in 1987 as revised in 2010 and may include a program to provide mitigation for the removal of trees or vegetation by providing assurances that the applicant will plant on the site more trees and other vegetation than were removed by the proposed use.
(d) A site plan that contains data required by the planning commission concerning the physical development of the site and extent of disruption of the site by the proposed development.
(2) A local unit of government or the department shall not require an environmental site assessment or environmental impact statement as part of a permit application except for a special use project.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995 ;-- Am. 2012, Act 297, Imd. Eff. Aug. 7, 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-LAND-HABITATS - Land Habitats (324.35101...324.36207) › 451-1994-III-1-LAND-HABITATS-353 - Part 353 Sand Dunes Protection and Management (324.35301...324.35326) › Section 324.35314 - Zoning Ordinance; Provisions; Review of Subdivision Development.

324.35314 Zoning ordinance; provisions; review of subdivision development.
Sec. 35314.
(1) A zoning ordinance shall provide for all of the following:
(a) Lot size, width, density, and front and side setbacks.
(b) Storm water drainage that provides for disposal of drainage water without serious erosion.
(c) Methods for controlling erosion from wind and water.
(d) Restabilization.
(2) Each zoning ordinance shall provide that a use that proposes a subdivision development shall be reviewed by the local unit of government to assure compliance with all of the model zoning plan.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-LAND-HABITATS - Land Habitats (324.35101...324.36207) › 451-1994-III-1-LAND-HABITATS-353 - Part 353 Sand Dunes Protection and Management (324.35301...324.35326) › Section 324.35315 - Zoning Ordinance; Prohibited Uses in Critical Dune Area.

324.35315 Zoning ordinance; prohibited uses in critical dune area.
Sec. 35315.
A zoning ordinance shall not permit either of the following uses in a critical dune area:
(a) The disposal of sewage on-site unless the standards of applicable sanitary codes are met or exceeded.
(b) A use that does not comply with the minimum setback requirements required by rules that are promulgated under part 323.
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-LAND-HABITATS - Land Habitats (324.35101...324.36207) › 451-1994-III-1-LAND-HABITATS-353 - Part 353 Sand Dunes Protection and Management (324.35301...324.35326) › Section 324.35318 - Request for Revaluation to Determine Fair Market Value.

324.35318 Request for revaluation to determine fair market value.
Sec. 35318.
If a permit for a proposed use within a critical dune area is denied, the landowner may request a revaluation of the affected property for assessment purposes to determine its fair market value under the restriction.
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-LAND-HABITATS - Land Habitats (324.35101...324.36207) › 451-1994-III-1-LAND-HABITATS-353 - Part 353 Sand Dunes Protection and Management (324.35301...324.35326) › Section 324.35319 - Environmental Assessment; Contents.

324.35319 Environmental assessment; contents.
Sec. 35319.
The zoning ordinance shall provide that if an environmental assessment is required under section 35313, that assessment shall include the following information concerning the site of the proposed use:
(a) The name and address of the applicant.
(b) A description of the applicant's proprietary interest in the site.
(c) The name, address, and professional qualifications of the person preparing the environmental assessment and his or her opinion as to whether the proposed development of the site is consistent with protecting features of environmental sensitivity and archaeological or historical significance that may be located on the site.
(d) The description and purpose of the proposed use.
(e) The location of existing utilities and drainageways.
(f) The general location and approximate dimensions of proposed structures.
(g) Major proposed change of land forms such as new lakes, terracing, or excavating.
(h) Sketches showing the scale, character, and relationship of structures, streets or driveways, and open space.
(i) Approximate location and type of proposed drainage, water, and sewage facilities.
(j) Legal description of property.
(k) A physical description of the site, including its dominant characteristics, its vegetative character, its present use, and other relevant information.
(l) A natural hazards review consisting of a list of natural hazards such as periodic flooding, poor soil bearing conditions, and any other hazards peculiar to the site.
(m) An erosion review showing how erosion control will be achieved and illustrating plans or programs that may be required by any existing soil erosion and sedimentation ordinance.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995 ;-- Am. 2012, Act 297, Imd. Eff. Aug. 7, 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-LAND-HABITATS - Land Habitats (324.35101...324.36207) › 451-1994-III-1-LAND-HABITATS-353 - Part 353 Sand Dunes Protection and Management (324.35301...324.35326) › Section 324.35321 - Review of Site Plan; Duties of Planning Commission.

324.35321 Review of site plan; duties of planning commission.
Sec. 35321.
A zoning ordinance shall provide that, in reviewing a site plan required under section 35313(1)(d), the planning commission shall do both of the following:
(a) Determine whether the requirements of the zoning ordinance have been met and whether the plan is consistent with existing laws.
(b) Recommend alterations of a proposed development to minimize adverse effects anticipated if the development is approved and to assure compliance with all applicable state and local requirements.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995 ;-- Am. 2012, Act 297, Imd. Eff. Aug. 7, 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-LAND-HABITATS - Land Habitats (324.35101...324.36207) › 451-1994-III-1-LAND-HABITATS-353 - Part 353 Sand Dunes Protection and Management (324.35301...324.35326) › Section 324.35322 - Special Use Project Application, Plan, and Proposed Decision; Review; Action.

324.35322 Special use project application, plan, and proposed decision; review; action.
Sec. 35322.
Prior to issuing a permit allowing a special use project within a critical dune area, a local unit of government shall submit the special use project application and plan and the proposed decision of the local unit of government to the department. The department shall have 30 days to review the plan and may affirm, modify, or reverse the proposed decision of the local unit of government.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995 ;-- Am. 2012, Act 297, Imd. Eff. Aug. 7, 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-LAND-HABITATS - Land Habitats (324.35101...324.36207) › 451-1994-III-1-LAND-HABITATS-353 - Part 353 Sand Dunes Protection and Management (324.35301...324.35326) › Section 324.35323 - Destruction of Structure or Use; Exemption; Replacement.

324.35323 Destruction of structure or use; exemption; replacement.
Sec. 35323.
A structure or use located in a critical dune area that is destroyed by fire, other than arson for which the owner is found to be responsible, or an act of nature, except for erosion, is exempt from the operation of this part or a zoning ordinance under this part for the purpose of rebuilding or replacing the structure or use, if the structure or use was lawful at the time it was constructed or commenced. A replacement structure and its use may differ from that which was destroyed if it does not exceed in size or scope that which was destroyed.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995 ;-- Am. 2012, Act 297, Imd. Eff. Aug. 7, 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-LAND-HABITATS - Land Habitats (324.35101...324.36207) › 451-1994-III-1-LAND-HABITATS-353 - Part 353 Sand Dunes Protection and Management (324.35301...324.35326) › Section 324.35324 - Management of Federally Owned and State Owned Land.

324.35324 Management of federally owned and state owned land.
Sec. 35324.
Federally owned land, to the extent allowable by law, and state owned land within critical dune areas shall be managed by the federal or state government, respectively, in a manner that is consistent with the model zoning plan.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-LAND-HABITATS - Land Habitats (324.35101...324.36207) › 451-1994-III-1-LAND-HABITATS-353 - Part 353 Sand Dunes Protection and Management (324.35301...324.35326) › Section 324.35325 - Purchase of Lands or Interests in Lands; Purpose.

324.35325 Purchase of lands or interests in lands; purpose.
Sec. 35325.
The department or local units of government may purchase lands or interests in lands from a willing seller in critical dune areas for the purpose of maintaining or improving the critical dune areas and the environment of the critical dune areas in conformance with the zoning ordinance, or the model zoning plan if the local unit of government does not have an approved zoning ordinance. Interests that may be purchased may include easements designed to provide for the preservation of critical dune areas and to limit or eliminate development in critical dune areas.
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-LAND-HABITATS - Land Habitats (324.35101...324.36207) › 451-1994-III-1-LAND-HABITATS-353 - Part 353 Sand Dunes Protection and Management (324.35301...324.35326) › Section 324.35326 - Repealed. 2012, Act 297, Imd. Eff. Aug. 7, 2012

324.35326 Repealed. 2012, Act 297, Imd. Eff. Aug. 7, 2012
Compiler's Notes:
The repealed section pertained to appropriation to department.
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-LAND-HABITATS - Land Habitats (324.35101...324.36207) › 451-1994-III-1-LAND-HABITATS-355 - Part 355 Biological Diversity Conservation (324.35501...324.35506) › Section 324.35501 - Definitions.

324.35501 Definitions.
Sec. 35501.
As used in this part:
(a) "Biological diversity" means the full range of variety and variability within and among living organisms and the natural associations in which they occur. Biological diversity includes ecosystem diversity, species diversity, and genetic diversity.
(b) "Committee" means the joint legislative working committee on biological diversity created pursuant to section 35504.
(c) "Conserve", "conserving", and "conservation" mean measures for maintaining natural biological diversity and measures for restoring natural biological diversity through management efforts, in order to protect, restore, and enhance as much of the variety of native species and communities as possible in quantities and distributions that provide for the continued existence and normal functioning of native species and communities, including the viability of populations throughout the natural geographic distributions of native species and communities.
(d) "Ecosystem" means an assemblage of species, together with the species' physical environment, considered as a unit.
(e) "Ecosystem diversity" means the distinctive assemblages of species and ecological processes that occur in different physical settings of the biosphere.
(f) "Genetic diversity" means the differences in genetic composition within and among populations of a given species.
(g) "Habitat" means the area or type of environment in which an organism or biological population normally lives or occurs.
(h) "Reporting department" means a state department or agency that is required by the committee under this part to file 1 or more reports.
(i) "Species diversity" means the richness and variety of native species.
(j) "State strategy" means the recommended state strategy prepared by the committee.
(k) "Sustained yield" means the achievement and maintenance in perpetuity of regular periodic output of the various renewable resources without impairment of the productivity of the land.
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-LAND-HABITATS - Land Habitats (324.35101...324.36207) › 451-1994-III-1-LAND-HABITATS-355 - Part 355 Biological Diversity Conservation (324.35501...324.35506) › Section 324.35502 - Legislative Findings.

324.35502 Legislative findings.
Sec. 35502.
The legislature finds that:
(a) The earth's biological diversity is an important natural resource. Decreasing biological diversity is a concern.
(b) Most losses of biological diversity are unintended consequences of human activity.
(c) Humans depend on biological resources, including plants, animals, and microorganisms, for food, medicine, shelter, and other important products.
(d) Biological diversity is valuable as a source of intellectual and scientific knowledge, recreation, and aesthetic pleasure.
(e) Conserving biological diversity has economic implications.
(f) Reduced biological diversity may have potentially serious consequences for human welfare as resources for research and agricultural, medicinal, and industrial development are diminished.
(g) Reduced biological diversity may also potentially impact ecosystems and critical ecosystem processes that moderate climate, govern nutrient cycles and soil conservation and production, control pests and diseases, and degrade wastes and pollutants.
(h) Reduced biological diversity may diminish the raw materials available for scientific and technical advancement, including the development of improved varieties of cultivated plants and domesticated animals.
(i) Maintaining biological diversity through habitat protection and management is often less costly and more effective than efforts to save species once they become endangered.
(j) Because biological resources will be most important for future needs, study by the legislature regarding maintaining the diversity of living organisms in their natural habitats and the costs and benefits of doing so is prudent.
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-LAND-HABITATS - Land Habitats (324.35101...324.36207) › 451-1994-III-1-LAND-HABITATS-355 - Part 355 Biological Diversity Conservation (324.35501...324.35506) › Section 324.35503 - State Goal.

324.35503 State goal.
Sec. 35503.
(1) It is the goal of this state to encourage the lasting conservation of biological diversity.
(2) This part does not require a state department or agency to alter its regulatory functions.
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-LAND-HABITATS - Land Habitats (324.35101...324.36207) › 451-1994-III-1-LAND-HABITATS-357 - Part 357 Natural Beauty Roads (324.35701...324.35706) › Section 324.35701 - Definitions.

324.35701 Definitions.
Sec. 35701.
As used in this part:
(a) "Board" means board of county road commissioners.
(b) "City street" means city major street or city local street as described in section 9 of Act No. 51 of the Public Acts of 1951, being section 247.659 of the Michigan Compiled Laws.
(c) "County local road" means county local road as described in section 4 of Act No. 51 of the Public Acts of 1951, being section 247.654 of the Michigan Compiled Laws.
(d) "Native vegetation" means original or indigenous plants of this state including trees, shrubs, vines, wild flowers, aquatic plants, or ground cover.
(e) "Natural" means in a state provided by nature, without human-made changes, wild, or uncultivated.
(f) "Street" means city street or village street.
(g) "Village street" means village major street or village local street as described in section 9 of Act No. 51 of the Public Acts of 1951.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
Natural Beauty Roads
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-LAND-HABITATS - Land Habitats (324.35101...324.36207) › 451-1994-III-1-LAND-HABITATS-357 - Part 357 Natural Beauty Roads (324.35701...324.35706) › Section 324.35702 - Petition for Designation; Hearing; Notice; Resolution.

324.35702 Petition for designation; hearing; notice; resolution.
Sec. 35702.
(1) Twenty-five or more freeholders of a township may apply by petition to the board for the county in which that township is located for designation of a county local road or portion of a county local road as a natural beauty road. Twenty-five or more freeholders of a city may petition the legislative body of the city for designation of a city street or a portion of a city street as a natural beauty street. Twenty-five or more freeholders of a village may petition the legislative body of the village for designation of a village street or a portion of a village street as a natural beauty street.
(2) Within 6 months after a petition is received, the board or the legislative body of the city or village shall hold a public hearing to consider designating the road or street described in the petition as a natural beauty road or natural beauty street, respectively. The hearing shall be held at a suitable place within the township in which the proposed natural beauty road is located or the city or village in which the proposed natural beauty street is located. At the hearing, a party or interested person may support or object to the proposed designation. The board, the legislative body of the city, or the legislative body of the village shall give notice of the hearing by publication at least once each week for 2 successive weeks in a newspaper of general circulation in the county, city, or village, respectively, and by posting 5 notices within the limits of the portion of the road or street to be designated, in public and conspicuous places. The posting shall be done and at least 1 publication in the newspaper shall be made not less than 10 days before the hearing.
(3) Within 30 days after the hearing, if the board, the legislative body of the city, or the legislative body of the village considers the designation desirable, it shall file with the county clerk, city clerk, or village clerk, respectively, a true copy of its resolution designating the portion of the county local road as a natural beauty road, the portion of the city street as a natural beauty street, or the portion of the village street as a natural beauty street, respectively.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
Natural Beauty Roads
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-LAND-HABITATS - Land Habitats (324.35101...324.36207) › 451-1994-III-1-LAND-HABITATS-357 - Part 357 Natural Beauty Roads (324.35701...324.35706) › Section 324.35703 - Designation; Petition Requesting Withdrawal; Revocation of Designation; Determination; Publication of Notice; Reversion to Former Status.

324.35703 Designation; petition requesting withdrawal; revocation of designation; determination; publication of notice; reversion to former status.
Sec. 35703.
(1) Not more than 45 days after a board designates a road as a natural beauty road or the legislative body of a city or village designates a street as a natural beauty street, the property owners of record of 51% or more of the lineal footage along the natural beauty road or natural beauty street may submit a petition to the board or the legislative body of the city or village, respectively, requesting that the designation be withdrawn. If the petition is valid, the designation as a natural beauty road or natural beauty street shall be withdrawn.
(2) A board or the legislative body of a city or village may revoke a designation of a natural beauty road or natural beauty street after holding a public hearing in accordance with the procedure described in section 35702(2). Not more than 30 days after a hearing, if the board, the legislative body of the city, or the legislative body of the village by majority vote determines that the revocation is necessary, it shall file with the county clerk, city clerk, or village clerk, respectively, a notice of its determination and publish the notice in a newspaper of general circulation in the county, city, or village, respectively, once each week for 2 successive weeks. After publication of the notice, the road or street previously designated shall revert to its former status.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
Natural Beauty Roads
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-LAND-HABITATS - Land Habitats (324.35101...324.36207) › 451-1994-III-1-LAND-HABITATS-357 - Part 357 Natural Beauty Roads (324.35701...324.35706) › Section 324.35705 - Citizen's Advisory Committee; Establishment; Purpose.

324.35705 Citizen's advisory committee; establishment; purpose.
Sec. 35705.
The department may establish a citizen's advisory committee to assist in the formulation of proposals for guidelines and procedures.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Compiler's Notes:
For transfer of citizens advisory committee for natural beauty roads to department of natural resources by type III transfer, see. E.R.O. No. 2009-12, compiled at MCL 324.99916.
Popular Name:
Act 451
Popular Name:
Natural Beauty Roads
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-LAND-HABITATS - Land Habitats (324.35101...324.36207) › 451-1994-III-1-LAND-HABITATS-357 - Part 357 Natural Beauty Roads (324.35701...324.35706) › Section 324.35706 - Violation of Guideline or Procedure; Complaint; Civil Action; Default in Payment of Civil Fine or Costs.

324.35706 Violation of guideline or procedure; complaint; civil action; default in payment of civil fine or costs.
Sec. 35706.
(1) If there is a violation of a guideline or procedure adopted by a board, the legislative body of a city, or the legislative body of a village pursuant to section 35704, a complaint, signed by 5 or more freeholders of the township, city, or village, respectively, or by freeholders representing 10% or more of the lineal frontage along a natural beauty road or natural beauty street, may be filed with the county prosecutor, city attorney, or village attorney, respectively, or with the attorney general. The county prosecutor, the city attorney, the village attorney, or the attorney general, on behalf of the board, the legislative body of the city, the legislative body of the village, or the department, may commence a civil action seeking either of the following:
(a) A temporary or permanent injunction to enjoin the violation of the guideline or procedure.
(b) A civil fine of not more than $400.00 for the violation of the guideline or procedure.
(2) A default in the payment of a civil fine or costs ordered under this part or an installment of the fine or costs may be remedied by any means authorized under the revised judicature act of 1961, Act No. 236 of the Public Acts of 1961, being sections 600.101 to 600.9947 of the Michigan Compiled Laws.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
Natural Beauty Roads
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-LAND-HABITATS - Land Habitats (324.35101...324.36207) › 451-1994-III-1-LAND-HABITATS-358 - Part 358 Adopt-a-Shoreline Program (324.35801...324.35804) › Section 324.35802 - Adopt-a-Shoreline Program; Duties of Department.

324.35802 Adopt-a-shoreline program; duties of department.
Sec. 35802.
In implementing this part and the adopt-a-shoreline program, the department shall do all of the following:
(a) Create a recognition program that acknowledges the efforts of volunteer groups and the members of the groups that participate in the adopt-a-shoreline program.
(b) Provide safety information and assistance to the participating volunteer groups.
(c) Provide volunteer groups with natural resource information and educational materials.
History:
Add. 1996, Act 89, Imd. Eff. Feb. 27, 1996
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-LAND-HABITATS - Land Habitats (324.35101...324.36207) › 451-1994-III-1-LAND-HABITATS-358 - Part 358 Adopt-a-Shoreline Program (324.35801...324.35804) › Section 324.35803 - Cleanup Effort Conducted on State Land; Part or Agreement Construed.

324.35803 Cleanup effort conducted on state land; part or agreement construed.
Sec. 35803.
This part or an agreement under this part shall not be construed to prohibit a cleanup effort from being conducted on any state land.
History:
Add. 1996, Act 89, Imd. Eff. Feb. 27, 1996 ;-- Am. 2018, Act 79, Eff. June 17, 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-LAND-HABITATS - Land Habitats (324.35101...324.36207) › 451-1994-III-1-LAND-HABITATS-358 - Part 358 Adopt-a-Shoreline Program (324.35801...324.35804) › Section 324.35804 - Repealed. 2018, Act 79, Eff. June 17, 2018.

324.35804 Repealed. 2018, Act 79, Eff. June 17, 2018.
Compiler's Notes:
The repealed section pertained to report on implementation and progress of adopt-a-shoreline 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-LAND-HABITATS - Land Habitats (324.35101...324.36207) › 451-1994-III-1-LAND-HABITATS-359 - Part 359 Adopt-a-River Program (324.35901...324.35904) › Section 324.35902 - Adopt-a-River Program; Duties of Department.

324.35902 Adopt-a-river program; duties of department.
Sec. 35902.
In implementing this part and the adopt-a-river program, the department shall do all of the following:
(a) Create a recognition program that acknowledges the efforts of volunteer groups and the members of the groups that participate in the adopt-a-river program.
(b) Provide safety information and assistance to the volunteer groups.
(c) Provide volunteer groups with natural resource information and educational materials.
History:
Add. 1996, Act 88, Imd. Eff. Feb. 27, 1996
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-LAND-HABITATS - Land Habitats (324.35101...324.36207) › 451-1994-III-1-LAND-HABITATS-359 - Part 359 Adopt-a-River Program (324.35901...324.35904) › Section 324.35903 - Cleanup Effort Conducted on State Land; Part or Agreement Construed.

324.35903 Cleanup effort conducted on state land; part or agreement construed.
Sec. 35903.
This part or an agreement under this part shall not be construed to prohibit a cleanup effort from being conducted on any state land.
History:
Add. 1996, Act 88, Imd. Eff. Feb. 27, 1996 ;-- Am. 2018, Act 78, Eff. June 17, 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-LAND-HABITATS - Land Habitats (324.35101...324.36207) › 451-1994-III-1-LAND-HABITATS-359 - Part 359 Adopt-a-River Program (324.35901...324.35904) › Section 324.35904 - Repealed. 2018, Act 78, Eff. June 17, 2018.

324.35904 Repealed. 2018, Act 78, Eff. June 17, 2018.
Compiler's Notes:
The repealed section pertained to report on implementation and progress of adopt-a-river program.
Popular Name:
Act 451
Popular Name:
NREPA