Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Natural River Zoning (13 Rivers) › Section R. 281.53 - Exempt use

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) Land uses
				exempt from a zoning permit in a designated natural river district include the
				following:
(a) Private, non-commercial
				recreation which does not involve a structure, equipment, or other device, and
				includes camping, boating, fishing, hunting, and other similar
				activities.
(b) Reforestation and
				any other accepted forest management practice that does not involve a structure
				and is landward of the natural vegetation strip.
(c) Agricultural activities, including
				general and specialized farming such as a Christmas tree farm, provided that
				any new activity occur landward of the natural vegetation strip and provided
				such use does not contribute to stream degradation. Construction of a
				residential and farm-related structure and appurtenance is classified as a
				principal use and is subject to zoning permit requirements. Any new aquaculture
				facility or concentrated animal feeding operation, and expansion of any
				existing aquaculture facility or concentrated animal feeding operation, is not
				permitted within the natural river district without a land use variance as
				described in
				R
				281.60. Resumption of a prior agricultural use
				previously located within the natural vegetation strip and discontinued, for
				example, rotation of crop fields, may resume if 1 of the following criteria is
				met:
(i) The cessation of use was within 10
				years of resumption of use.
(ii)
				The cessation of use was due to implementation of a management plan written
				before the effective date of these rules.
(iii) The cessation of use was the result of
				a written agreement with a governmental agency or agencies entered into before
				the effective date of these rules.
(iv) The cessation of use was the result of a
				written agreement with a governmental agency or agencies entered into after the
				effective date of these rules or ordinances implementing this plan, where the
				term of cessation of use specified in the agreement is for 10 years or
				less.
(v) The cessation of use was
				required or imposed by a governmental agency or agencies.
(d) Cutting of low growing vegetation and
				placement of wood chips on uplands in the natural vegetation strip to create a
				single footpath of not more that 4 feet in width leading to a single point on
				the rivers edge. A boardwalk or other artificial walkway is not exempt and
				requires a zoning permit as specified in
				R 281.57.
(e) A sign for identification, direction,
				resource information, exclusion of trespassers, regulation of use and those
				related to permitted uses, subject to the following provisions:
(i) A sign for the sale of a product or
				service is prohibited, unless related to a permitted use, located on the site
				of the permitted use, not located in the natural vegetation strip, and not
				visible from the river.
(ii) An
				illuminated sign is prohibited.
(iii) "No trespassing" sign shall be not
				larger than 1 square foot in area and shall be spaced at least 100 feet apart.
				Other signs may be not larger than 2 square feet in area, except 1 real estate
				sign may be not larger than 4 square feet in area if located outside the
				natural vegetation strip.
(f) Routine maintenance and repair of a legal
				use or structure within the existing foundation and structure, subject to
				R 281.57.
(g) A satellite dish not more than 32 inches
				in diameter and located landward of the natural vegetation strip or attached to
				an existing single-family dwelling, short-term rental facility, or
				appurtenance.
(h) Removal of any
				dead, diseased, or unsafe tree, noxious plant or shrub, within the natural
				vegetation strip.