Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Shorelands Protection and Management › Section R. 281.21 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) As used
				in these rules:
(a) "Act" means Part 323 of
				Act No. 451 of the Public Acts of 1994, as amended, being Section 324.32301 et
				seq. of the Michigan Compiled Laws, and known as shorelands protection and
				management.
(b) "Alteration of
				vegetation" means to change the natural density and composition of plants by
				human activity such as mowing, cutting, clearing, spraying, burning, trimming,
				thinning, and other means.
(c)
				"Erosion hazard line" means the line along the shoreland that is the landward
				edge of the zone of active erosion or the line where the 583.0 feet
				international Great Lakes datum contour on Lake Michigan, the 582.2 feet
				international Great Lakes datum contour on Lake Huron, or the 603.3 feet
				international Great Lakes datum contour on Lake Superior meets the shoreland,
				whichever is furthest landward.
(d)
				"High bluff" means a bluff or dune that is more than 25 feet in height measured
				from the appropriate elevation contour set forth in the definition of erosion
				hazard line.
(e) "Low bluff" means
				a bluff or dune that is 25 feet or less in height measured from the appropriate
				elevation contour set forth in the definition of erosion hazard line.
(f) "Nonconforming structure" means a
				permanent structure which does not conform to the required setback distance at
				the time of designation or which became nonconforming due to erosion or became
				nonconforming due to a change in the required setback distance. Permanent
				structures that are constructed in violation of these rules shall not be
				considered to be nonconforming structures.
(g) "One hundred-year flood" means a flood
				that has a 1% chance of being equaled or exceeded in any given year.
(h) "Parcel" means a continuous area or
				acreage of land that is under the same ownership at the time of
				designation.
(i) "Permanent
				structure" means any 1 of the following structures that is erected, installed,
				or moved on a parcel of property:
(i) A
				residential building.
(ii) A
				commercial building.
(iii) An
				industrial building.
(iv) An
				institutional building.
(v) A
				mobile home.
(vi) Accessory and
				related buildings.
(vii) A swimming
				pool or deck that has a roof or walls.
(viii) Septic systems.
(ix) Tile fields.
(x) Other waste-handling facilities.A
				permanent structure shall be considered small if it has a foundation size of
				3,500 square feet or less and less than 5 individual living units. All other
				permanent structures shall be considered large. "Permanent structure" does not
				include recreational vehicles, travel trailers, swimming pools, or decks
				constructed on pilings if the pool or deck does not have a roof or walls. A
				"Permanent Structure" also does not include separate appurtenant structures
				which have less than 225 square feet, which are used for picnicking or storing
				of recreational or lawn equipment, and which are constructed in a manner that
				facilitates easy removal. The appurtenant structure shall not have a permanent
				foundation and shall not be used as a residential facility.
(j) "Projected recession distance"
				means the distance, in feet, determined by the department under R
				281.22.
(k) "Readily moveable
				structure" means a small permanent structure which is designed, sited, and
				constructed to accomplish relocation at a reasonable cost relative to other
				structures of the same size and construction. Access to and from the site shall
				be of sufficient width and acceptable grade to permit the structure to be
				relocated. New construction and installations shall meet the following criteria
				to be considered readily moveable structures:
(i) The buildings shall be on pilings, a
				basement, or crawl space. Except as noted in paragraph (ii) of this
				subdivision, a slab-on-grade foundation does not meet this criterion.
(ii) Above-grade walls shall be stud wall or
				whole log construction. Above- grade walls that are constructed of masonry,
				including stone walls, concrete poured, or concrete block walls do not meet
				this criterion. Existing permanent structures shall be considered readily
				moveable structures if the cost of relocation landward of the required setback
				distance is not more than 25% of the replacement cost of the structure or if
				the existing structure meets the criteria for new construction in this
				subdivision. A 1- or 2-car garage which is bolted to a slab foundation and
				which does not have plumbing or interior walls is a readily moveable structure
				if it meets the remainder of the requirements specified in this subdivision.
				Septic systems, tile fields, or other waste-handling facilities are not readily
				moveable structures.
(l)
				"Required setback distance" means the least distance a permanent structure can
				be constructed from the erosion hazard line without a special exception. The
				required setback distance is calculated using the following criteria:
(i) For low bluffs, the required setback
				distance shall be at the projected recession distance from the erosion hazard
				line.
(ii) For high bluffs, the
				required setback distance is calculated by adding 1.0 to the product of the
				percentage points of slope over 25% and 0.05 to a maximum of 2.0. The answer is
				multiplied by the projected recession distance in feet. The following table
				shows sample calculations using this formula:
Required Setback
Percent Slope 1.0 (Percent Slope over 25% x 0.05) Multiplier
				  25 1.0+ (0 x 0.05) = 1 30 1.0+ (5 x 0.05) = 1.25 35 1.0+ (10 x 0.05) = 1.5 40
				  1.0+ (15 x 0.05) = 1.75 45 1.0+ (20 x 0.05) = 2.0
The slope of the bluff or dune is measured over a 50-foot
				  distance on the lower portion of the lakeward facing slope of the dune or
				  bluff.
(iii) The required
				setback distance shall not be greater than the projected recession distance
				from the top of the lakeward facing slope of a dune or bluff.
(iv) For bluffs and dunes which have slopes
				of more than 60% and which are more than 100 feet in elevation above the
				appropriate lake elevation set forth in the definition of erosion hazard line,
				the required setback distance shall be established not less than 30 feet
				landward of the lakeward facing slope of the dune or bluff.
(m) "Structure zone" means an area
				within an environmental area where a permit under this part is not required to
				engage in the activities specified in R 281.23(6).
(n) "Setback line" means the line which is
				the required setback distance landward of the erosion hazard line and which is
				the lakeward limit for the construction of permanent structures without a
				special exception.
(o) "Substandard
				parcel" means a lot or parcel of record or a lot or parcel which is described
				in a land contract or deed that is executed and delivered before the
				designation of a high-risk erosion area and which does not have adequate depth
				to provide the required setback distance from the erosion hazard line for a
				permanent structure. "Substandard Parcel" also means those lots which are
				legally created after the designation of a high-risk erosion area and which
				have sufficient depth to meet setback requirements for permanent structures,
				but which subsequently become substandard due to erosion processes or become
				substandard due to a change in the required setback distance.
(p) "Wetland-oriented birds" means any of the
				following:
(i) Waterfowl.
(ii) Shorebirds.
(iii) Gulls.
(iv) Terns.
(v) Herons.
(vi) Rails.
(vii) Bitterns.
(viii) Other birds associated with coastal or
				wetland areas.
(q)
				"Wetland-oriented mammals" means any of the following:
(i) Muskrats.
(ii) Mink.
(iii) Beavers.
(iv) Otter.
(v) Other mammals associated with coastal or
				wetland habitats.
(r)
				"Zone of active erosion" means the area of the shoreland where the disturbance
				or loss of soil and substrate has occurred with sufficient frequency to cause
				unstable slopes or prevent vegetation of the area.