reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Natural Resources › Executive Division › Mackinac Island State Park Commission - General Rules › Part 2 - REGULATIONS › Section R. 318.146 - Miscellaneous unlawful acts

Current through Vol. 24-12, July 15, 2024
Rule 46. On lands under the jurisdiction of the commission,
					 it is unlawful for a person to do any of the following:
(a) Use the lands for commercial operations
				  without proper permission. In considering whether to grant permission, the
				  commission shall consider all of the following factors:
(i) The interference with the safety, health,
				  and welfare of the public.
(ii) The
				  need for the service.
(iii) Whether
				  the service is a duplication of available services.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Natural River Zoning (13 Rivers) › Section R. 281.52 - Purpose; intent; scope

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) It is
				the purpose of these rules to do the following:
(a) To promote the public health, safety, and
				general welfare, to prevent economic and ecological damages due to misuse,
				unwise development patterns, overcrowding, and overuse within the natural river
				district, and to preserve the values of the natural river district for the
				benefit of present and future generations.
(b) To protect, preserve, and enhance the
				natural river district values for the free flowing conditions, water
				conservation, fish, aquatic, and wildlife resources, ecological, water quality,
				floodplain, scenic and aesthetic qualities, boating, historical, and
				recreational values and uses of a designated natural river district and
				adjoining land.
(c) To provide for
				residential and other permitted development that will complement the natural
				characteristics of the natural river system.
(d) To achieve the goals and objectives of
				the departments natural river plan.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Natural River Zoning (13 Rivers) › Section R. 281.54 - Principal use; application procedure

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1) An
				application for a principal use shall be submitted and processed pursuant to
				all the following:
(a) An application for a
				principal use shall be completed by the applicant on a form provided by the
				department and submitted to the zoning administrator. A completed application
				shall contain all of the following:
(i) A
				completed application form signed by the applicant or the applicant's
				representative.
(ii) A site plan
				that meets the requirements of
				R 281.56.
(iii) Evidence of ownership or a legal
				interest in the property affected by the application for a principal use, or
				authorization from the property owner to apply for a principal use.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Natural River Zoning (13 Rivers) › Section R. 281.55 - Special use; application procedure

Current through Vol. 24-12, July 15, 2024
Rule 5.
(1) A
				special use includes the following:
(a) A
				campground, with associated noncommercial structures, impervious pads, and
				utility hookups, with all of the following provisions:
(i) Campground shall be constructed and
				maintained in accordance with all applicable state and local
				regulations.
(ii) A commercial
				structure associated with the campground is prohibited in the natural river
				district.
(iii) A structure shall
				be at least 200 feet from the high-water mark.
(iv) Not more than 4 campsites per
				acre.
(v) A 100-foot wide natural
				vegetation strip along the river shall be maintained.
(vi) A campsite that accommodates a wheeled
				motorized vehicle shall be at least 200 feet from the high-water
				mark.
(vii) A walk-in campsite
				shall be landward of the 100-foot natural vegetation strip.
(viii) A dock may be constructed at the rate
				of 1 dock not larger than 48 square feet for each 200 feet of river frontage,
				accessed by a single footpath not more than 4 feet wide.
(ix) Wheeled motorized vehicle access to the
				river is prohibited.
(x) Launch or
				retrieval of commercial watercraft at any campground by other than a registered
				camper is prohibited.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Natural River Zoning (13 Rivers) › Section R. 281.56 - Zoning permit; site plan; certificate of zoning compliance

Current through Vol. 24-12, July 15, 2024
Rule 6.
(1) A
				building or other structure shall not be erected, moved, added to, or
				structurally altered, and a land use shall not be commenced, without a zoning
				permit issued by the zoning administrator. A permit shall not be required for
				an exempt structure, use, or activity as specified in
				R
				281.53.
(2) An application for a zoning permit shall
				include a site plan for the entire area proposed for development. The zoning
				administrator, in the case of a principal use or minor variance application, or
				the zoning review board, in the case of a special use or variance application,
				may require adjustments in the site plan as a condition for approval to ensure
				that the proposed development meets all standards contained in these rules.
				Except as otherwise waived by the zoning administrator, in the case of a
				principal use or minor variance application, or waived by the zoning review
				board, in the case of a special use or variance permit application, a site plan
				shall show and include all of the following, either existing or proposed:
(a) A site plan drawn to scale, with the
				scale indicated.
(b) Property
				dimensions, including river frontage.
(c) Size, shape, use, and location of
				existing and proposed buildings or improvements, including distances to
				adjacent property boundaries and the river's edge.
(d) Existing vegetation, including the
				location and type.
(e) Adjacent
				streets and highways.
(f) Parking
				areas.
(g) Cross-section drawing
				showing height of buildings above water level and bluff heights.
(h) Entrances to public streets.
(i) Description of the building design,
				including proposed construction materials.
(j) Drainage facilities.
(k) Location and description of the method to
				dispose of sanitary waste.
(l)
				Proposed landscaping.
(m) Location
				of footpaths.
(n) Signs proposed,
				including the size, location, and material.
(o) North arrow.
(p) Date of drawing.
(q) Detailed site location map.
(r) Any additional information required by
				the zoning administrator or zoning review board to carry out the
				administrator's or board's duties. Additional information may include all of
				the following:
(i) Soil types.
(ii) Topography.
(iii) Building elevations.
(iv) Site photographs.
(v) Anticipated traffic volume.
(vi) Traffic patterns.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Natural River Zoning (13 Rivers) › Section R. 281.57 - Home occupation and home-based occupation; land alteration; lot; dwelling; building setback; impervious surface; drinking water supply well; height of structure; dock; river access stairway; boardwalk; natural vegetation strip; standards

Current through Vol. 24-12, July 15, 2024
Rule 7.
(1) A home
				occupation or home-based occupation in a designated natural river area shall
				conform to all of the following:
(a) The use
				of the dwelling unit or related structure for a home occupation or home-based
				occupation shall be clearly incidental and subordinate to its use as a
				single-family residential dwelling.
(b) Equipment or a process shall not be used
				in a home occupation or home-based occupation if it creates excessive noise,
				vibration, fumes, odors, or electrical interference that is detectable to the
				normal senses off the premises.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Natural River Zoning (13 Rivers) › Section R. 281.59 - Nonconforming lot, use, structure

Current through Vol. 24-12, July 15, 2024
Rule 9.
(1) It is
				recognized that there exists, within the natural river district, lots,
				structures, and uses of land and structures which were lawful before these
				rules were promulgated or amended and which would be prohibited, regulated, or
				restricted pursuant to these rules. It is the intent of these rules to permit
				legal nonconforming uses, structures, or lots to continue until they are
				brought into conformity and, in certain instances, to permit the limited
				expansion of certain legal nonconforming uses and structures.
(2) If the combination of 2 or more
				contiguous nonconforming vacant lots owned by the same person results in an
				increase in conformance with the dimensional requirements of these rules, the
				lots shall be combined for use unless the lots are within a plat established
				before the effective date of these rules wherein more than 75% of the platted
				lots contain a single-family dwelling.
(3) The zoning administrator shall approve an
				application for a zoning permit for a principal use on a legal nonconforming
				lot of record subject to both of the following:
(a) The principal use complies with these
				rules, except the minimum lot width and area requirements.
(b) If the non-conforming lot is vacant, the
				applicant or owner of the subject lot does not own other contiguous vacant
				properties which if combined with the nonconforming lot would result in
				increasing the conformity of the lot.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Natural River Zoning (13 Rivers) › Section R. 281.60 - Variance and variance hearings

Current through Vol. 24-12, July 15, 2024
Rule 10.
(1) A
				dimensional variance from any standard established in these rules may be
				granted by the zoning review board after a public hearing or, by the zoning
				administrator as provided in these rules, to allow a modification from a
				standard that establishes an area, yard, height, floor space, frontage,
				setback, or similar numerical restriction, but only after evidence establishes
				that a practical difficulty exists in complying with these rules. A variance
				shall be granted only when it is consistent with the general purposes and
				intent of these rules. Work authorized by the variance shall not commence until
				a permit is issued by the zoning administrator.
(2) The zoning review board or zoning
				administrator shall consider the following factors to determine if a practical
				difficulty exists in order to comply with these rules as specified in subrule
				(1) of this rule:
(a) A condition exists on
				the property that prevents the development standards from being met.
(b) The practical difficulty cannot be
				overcome by some reasonable method other than a variance.
(c) If the practical difficulty cannot be
				overcome by some reasonable method other than a variance, the variance shall
				meet the standards to the greatest extent possible.
(d) The variance will not cause a substantial
				change in the character of the area.
(e) In view of the manner in which the
				practical difficulty arose, the interests of justice will be served by allowing
				the variance.
(f) The practical
				difficulty is due to circumstances which are unique to the subject property and
				not self created.
(g) The variance
				shall not result in an adverse effect on the environment.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Natural River Zoning (13 Rivers) › Section R. 281.61 - Zoning administrator; zoning review board; appointment; duties

Current through Vol. 24-12, July 15, 2024
Rule 11.
(1) The
				zoning administrator shall do all of the following:
(a) Provide necessary forms and applications
				and receive and process forms and applications.
(b) Issue a certificate of zoning
				compliance.
(c) Conduct site
				inspection to ensure compliance with these rules.
(d) Pursue resolution of a violation of these
				rules.
(e) Issue any authorized
				permit and certificate of zoning compliance.
(f) Identify and record information relative
				to any nonconformity.
(g) Maintain
				files of applications, permits, and other relevant documents.
(h) Schedule meetings and hearings for, and
				provide assistance to, the zoning review board.
(i) Act upon a minor variance as permitted by
				R
				281.60.
(j) Act upon a request for expansion or
				reconstruction of a non-conforming structure as permitted by
				R
				281.59.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Natural River Zoning (13 Rivers) › Section R. 281.62 - Boundaries and permitted use; precedence of local zoning ordinance over rules; local government reporting

Current through Vol. 24-12, July 15, 2024
Rule 12.
(1) The
				department may make amendments and supplements to boundaries and to permitted
				uses requested by a local unit of government or by a landowner following an
				administrative hearing held pursuant to the administrative procedures act, 1969
				PA 306, MCL 24.271 to 24.287, if implementation of the amendment, or supplement
				does not contravene the purposes of these rules pursuant to
				R
				281.52.
(2) A copy of any amendment or supplement to
				boundary shall be sent to all of the following affected entities:
(a) County register of deeds.
(b) Township and county clerks.
(c) Local building code department.
(d) Local soil erosion and sedimentation
				control enforcement agency.
(e)
				Conservation district.
(f) County
				drain commissioner.
(g) Zoning
				review board members.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Natural River Zoning (13 Rivers) › Section R. 281.63 - Interpretation of boundaries; filing of zoning map

Current through Vol. 24-12, July 15, 2024
Rule 13.
(1) If
				uncertainty exists with respect to the boundaries of the district as shown on
				the zoning map and as described in these rules, the zoning administrator shall
				interpret the district boundaries.
(2) If a district boundary of a designated
				stream begins or ends at a culvert, bridge, dam or other structure, the
				district boundary shall include the structure and any right-of-way associated
				with the structure.
(3) The
				department shall record a certified copy of the natural river zoning map with
				all of the following affected entities:
(a)
				State tax commission.
(b) Local tax
				assessing officer.
(c) Township and
				county clerks.
(d) County drain
				commissioner.
(e) Local building
				code department.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Natural River Zoning (13 Rivers) › Section R. 281.64 - Compliance; violation; remedy

Current through Vol. 24-12, July 15, 2024
Rule 14.
(1) A
				structure or land shall not be used or occupied, and a structure or part
				thereof shall not be erected, constructed, reconstructed, moved, or altered,
				unless the structure or land is in compliance with these rules. The department
				shall not waive any right or remedy against any person who violates these rules
				if the violation was committed in reliance on an authorization erroneously
				given in violation of any provision of these rules. Any authorized permit,
				variance, or action that is contrary to these rules is invalid from the date of
				the authorization.
(2) A permit or
				variance shall not be issued by the department for any structure or use on a
				parcel of land upon which an unresolved violation of any of these rules
				exist.
(3) In addition to any other
				remedy, the department may initiate appropriate action or proceeding to
				prevent, correct, or abate any rule violation or any threatened
				violation.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Natural River Zoning (13 Rivers) › Section R. 281.65 - Appeal

Current through Vol. 24-12, July 15, 2024
Rule 15. An aggrieved party may appeal the decision of the
				  zoning administrator or zoning review board and shall be granted an
				  administrative hearing if a petition is filed with the department within 60
				  days after notice of decision. The administrative hearing shall be conducted
				  pursuant to the administrative procedures act, 1969 PA 306, MCL 24.271 to
				  24.287.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Natural River Zoning (13 Rivers) › Section R. 281.66 - Severability

Current through Vol. 24-12, July 15, 2024
Rule 16. If the provisions of these rules are declared by a
				  court to be unconstitutional or invalid, such ruling shall not affect the
				  validity of the remaining provisions of these rules and the provisions of these
				  rules shall be severable.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Natural River Zoning (13 Rivers) › Section R. 281.71 - Jordan River system principal use; natural vegetation strip

Current through Vol. 24-12, July 15, 2024
Rule 21.
(1) A
				principal use is allowed by right, but requires the issuance of a zoning permit
				by the zoning administrator. A principal use includes all of the following:
(a) A single-family dwelling or short-term
				rental facility, including accessory buildings and appurtenances, with the
				following provisions:
(i) The minimum building
				setback shall be not less than 200 feet from the ordinary high-water mark on
				the mainstream and not less than 100 feet on all designated tributaries, except
				as described in
				R 281.57.
(ii) Building shall not take place on land
				that is subject to flooding or in any wetland area.
(iii) The natural contour of the face and
				crest of a bluff shall not be altered.
(iv) The land between the crest of a bluff
				and the minimum building setback line shall not be altered except for minor
				landscaping activities.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Natural River Zoning (13 Rivers) › Section R. 281.80 - Betsie river system boundaries

Current through Vol. 24-12, July 15, 2024
Rule 30. The boundaries of the Betsie river natural river
				  district shall be as described in these rules and as depicted on the certified
				  Betsie river natural river zoning map with an effective date of June 11, 1977.
				  The Betsie river natural river zoning district comprises an area described as
				  follows:
(a) The Betsie river from
				Grass lake dam in section 2, T25N, R13W to its mouth at Betsie lake in section
				35, T26N, R16W.
(b) The Little
				Betsie river from its source in section 24, T25N, R13W, in Benzie county to its
				confluence with the Betsie river.
(c) Dair creek from its source in section 15,
				T25N, R14W, in Benzie county to its confluence with the Betsie river.
(d) All lakes, ponds, impoundments, or other
				surface water bodies not traditionally considered rivers, streams, or creeks if
				they are a contiguous part of the stream segments listed in subdivisions (a) to
				(c) of this rule.
(e) The lands
				lying within 400 feet of the river's edge described in subdivisions (a) to (d)
				of this rule.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Natural River Zoning (13 Rivers) › Section R. 281.81 - Betsie river system principal uses; natural vegetation strip

Current through Vol. 24-12, July 15, 2024
Rule 51.
(1) A
				principal use is allowed by right, but requires the issuance of a zoning permit
				by the zoning administrator. A principal use includes all of the following:
(a) A single-family dwelling or short-term
				rental facility with the following provisions:
(i) The minimum building setback shall be not
				less than 200 feet from the ordinary high-water mark on the mainstream and 100
				feet on the Little Betsie river and Dair creek, except as described in
				R 281.57.
(ii) On the mainstream, the setback may be
				decreased 5 feet for every 1 foot of rise in bank height above 5 feet above the
				ordinary high-water mark, to a minimum of 150 feet from the ordinary high-water
				mark.
(iii) A dwelling shall be set
				back not less than 25 feet from the top of a bluff on the noncutting edge of a
				stream and not less than 50 feet from the top of a bluff on the cutting edge of
				a stream.
(iv) Building shall not
				take place on land that is subject to flooding or in any wetland
				area.
(v) The natural contour of
				the face and crest of the bluff shall not be altered.
(vi) The land between the crest of the bluff
				and the minimum building setback line shall not be altered except for minor
				landscaping activities.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Natural River Zoning (13 Rivers) › Section R. 281.91 - White river system principal uses; natural vegetation strip

Current through Vol. 24-12, July 15, 2024
Rule 41.
(1) A
				principal use is allowed by right, but requires the issuance of a zoning permit
				by the zoning administrator. A principal use includes all of the following:
(a) A single-family dwelling or short-term
				rental facility with all the following provisions:
(i) The minimum building setback shall be not
				less than 150 feet from the ordinary high-water mark on the mainstream from
				8-mile road in the northwest corner of section 28, T15N, R12W to Lutes bridge
				(Baldwin road), T14N, R13W and from Podunk bridge between sections 9 and 10,
				T13N, R15W to US 31 in Muskegon county except as described in
				R 281.57.
(ii) The setback may be decreased 5 feet for
				every 1 foot of rise in bank height above 7 feet above the ordinary high-water
				mark, to a minimum of 100 feet from the ordinary high-water mark.
(iii) The minimum building setback shall be
				not less than 100 feet from the ordinary high-water mark on the mainstream from
				Lutes bridge (Baldwin road) to Podunk bridge and on all designated
				tributaries.
(iv) The setback may
				be decreased 5 feet for every 1 foot of rise in bank height above 7 feet above
				the ordinary high-water mark, to a minimum of 75 feet from the ordinary
				high-water mark.
(v) A dwelling
				shall be set back not less than 25 feet from the top of a bluff on the
				noncutting edge of a stream and not less than 50 feet from the top of a bluff
				on the cutting edge of a stream.
(vi) Building shall not take place on land
				that is subject to flooding or in any wetland area.
(vii) The natural contour of the face and
				crest of the bluff shall not be altered.
(viii) The land between the crest of the
				bluff and the minimum building setback line shall not be altered except for
				minor landscaping activities.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Natural River Zoning (13 Rivers) › Section R. 281.100 - Huron River system boundaries

Current through Vol. 24-12, July 15, 2024
Rule 50. The boundaries of the Huron river natural river
				  district shall be as described in these rules and as depicted on the certified
				  Huron river natural river zoning map with an effective date of June 2,
				  1980. The Huron
				  river natural river zoning district comprises an area that is described as
				  follows:
(a) The mainstream of the
				Huron river from Kent lake dam in section 1, T1N, R6E to the west line of
				section 32, T
				1N, R5E excluding
				Strawberry, Gallagher, Loon, which is also known as Long or Little Gallagher,
				and the 2 Whitewood lakes; and from John Flook dam in section 1, T1S, R4E to
				the Scio-Ann Arbor township line in Washtenaw county, excluding the
				incorporated village of Dexter.
(b)
				Davis creek, which is also called the Southeast Branch of the Huron river,
				Livingston county, Green oak township, from the outfall of Sandy Bottom lake in
				section 27, T1N, R6E to its confluence with the Huron river.
(c) Arms creek, from the confluence of the 2
				Branches in section 10, T1S, R5E to its confluence with the Huron
				river.
(d) Mill creek, from Parker
				road in section 13, T2S, R4E to the incorporated village limits of
				Dexter.
(e) Unless specifically
				exempted in this subdivision, all lakes, ponds, impoundments or other surface
				water bodies not traditionally considered rivers, streams or creeks if they are
				a contiguous part of the stream segments listed in subdivisions (a) to (d) of
				this rule.
(f) The lands lying
				within 400 feet of the river's edge as described in subdivisions (a) to (e) of
				this rule.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Natural River Zoning (13 Rivers) › Section R. 281.101 - Huron River system principal uses; natural vegetation strip

Current through Vol. 24-12, July 15, 2024
Rule 51.
(1) A
				principal use is allowed by right, but requires the issuance of a zoning permit
				by the zoning administrator. A principal use includes all of the following:
(a) A single-family dwelling or short-term
				rental facility with all the following provisions:
(i) The minimum building setback shall be not
				less than 125 feet from the ordinary high-water mark on the mainstream except
				as described in
				R 281.57.
(ii) The setback may be decreased 10 feet for
				every 10 foot of rise in bank height to a minimum of 75 feet from the ordinary
				high-water mark.
(iii) The minimum
				building setback on all designated tributaries shall be not less than 50 feet
				from the ordinary high-water mark.
(iv) A dwelling shall be set back not less
				than 25 feet from the top of a bluff on the noncutting edge of a stream and not
				less than 50 feet from the top of a bluff on the cutting edge of a
				stream.
(v) Building shall not take
				place on land that is subject to flooding or in any wetland area.
(vi) The natural contour of the face and
				crest of the bluff shall not be altered.
(vii) The land between the crest of the bluff
				and the minimum building setback line shall not be altered except for minor
				landscaping activities.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Natural River Zoning (13 Rivers) › Section R. 281.102 - Purpose; intent; scope

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) The
				director may, on his or her own motion, implement the intent of Natural Rivers
				Part 305 of 1994 PA 451, and in the absence of local zoning to protect the Pine
				river, a designated natural river, promulgates these rules for the following
				purposes:
(a) To promote the public health,
				safety, and general welfare; to prevent economic and ecological damage due to
				misuse, unwise development patterns, overcrowding, and overuse within the
				natural river district; and to preserve the values of the natural river
				district for the benefit of present and future generations.
(b) To protect the free-flowing condition,
				fish, aquatic and wildlife resources, water quality, scenic and aesthetic
				qualities, and historical and recreational values of the Pine river and
				adjoining land.
(c) To prevent
				flood damage due to interference with the natural floodplain characteristics by
				excluding developments which are vulnerable to flood damage and which may
				reduce the capacity of the floodway of the river to withstand flooding
				conditions.
(d) To provide for uses
				that complement the natural characteristics of the natural river
				system.
(e) To protect individuals
				from investing funds in structures that are proposed for location on lands that
				are unsuited for such development because of high groundwater, erosion, or
				vulnerability to flood damage.
(f)
				To achieve the goals and objectives of the Pine River natural river
				plan.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Natural River Zoning (13 Rivers) › Section R. 281.103 - Construction of language; severability

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) All of
				the following rules of construction apply to these rules:
(a) A "building" or "structure" includes any
				part thereof.
(b) The phrase "used
				for" includes "arranged for," "designed for," "intended for," "maintained for,"
				or "occupied for."
(c) The word
				"person" includes an individual, a corporation, a partnership, an incorporated
				association, or any other similar entity.
(d) The terms "lot" and "parcel" have the
				same meaning.
(e) Terms not defined
				in these rules shall have the meanings customarily assigned to them.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Natural River Zoning (13 Rivers) › Section R. 281.104 - Lot size and area; subdivision of land; home and home-based occupations; native vegetation buffer; signs; docks; height of structures; river access stairways; dams; impervious surfaces

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1) Unless
				otherwise provided in these rules, a lot created after the effective date of
				these rules shall meet all of the following standards on at least 1 side of the
				stream that is accessible by a public road or legal easement:
(a) Have at least 200 feet of river frontage
				(unless a riverfront "common area" subject to a conservation easement is
				established, or the parent parcel does not have river frontage, in which case
				this dimension shall be measured at the point of the parcel closest to the
				river) and be at least 200 feet wide at the minimum building setback
				line.
(b) Contain at least 1/2 acre
				of existing contiguous upland buildable area (non-wetland, non-floodplain)
				landward of the minimum building setback line.
(c) Contain at least 80,000 square feet of
				area within the Natural River District (any "common area" created or any
				bottomlands shall not be used in any calculations related to minimum parcel
				area). If the parent parcel does not have river frontage, and the front line of
				any newly created parcel is greater than 150 feet from the river's edge at all
				points, this rule does not apply, and the minimum parcel width will be measured
				at the front lot line.
(d) Have
				sufficient depth to accommodate the required building setbacks pursuant to the
				standards in
				R
				281.107.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Natural River Zoning (13 Rivers) › Section R. 281.106 - Zoning permits; site plans; certificates of zoning compliance

Current through Vol. 24-12, July 15, 2024
Rule 6.
(1) A
				building or other structure shall not be erected, moved, added to, or
				structurally altered, and a land use shall not be commenced, without a zoning
				permit as specified by these rules and as issued by the zoning administrator.
				Permits shall not be required for exempt activities as specified in
				R
				281.107. Plans that are submitted when applying for a
				zoning permit shall contain the necessary information for determining
				compliance with these rules.
(2)
				Concurrent with applying for a zoning permit, an applicant shall submit a site
				plan of the proposed development. The site plan shall include the entire area
				that is proposed for development. The zoning administrator, in the case of a
				principal use application, or the zoning review board, in the case of a special
				use application, may require adjustments in the site plan as a condition for
				approval to ensure that the proposed development meets all standards contained
				in these rules. Except as otherwise waived by the zoning administrator, in the
				case of a principal use application, or the zoning review board, in the case of
				a special use application, a site plan shall show and include all of the
				following, either existing or proposed:
(a) A
				site plan drawn to scale, with the scale indicated.
(b) Property dimensions, including river
				frontage.
(c) Size, shape, use, and
				location of existing and proposed buildings or improvements, including
				distances to adjacent property boundaries and the river's edge.
(d) Existing vegetation, including the
				location and type.
(e) Adjacent
				streets and highways.
(f) Parking
				areas.
(g) Cross section drawing
				showing height of buildings above water level and bluff heights.
(h) Entrances to public streets.
(i) Description of the building design,
				including proposed construction materials.
(j) Drainage facilities.
(k) Location and description of the method to
				dispose of sanitary wastes.
(l)
				Proposed landscaping.
(m) Location
				of footpaths.
(n) Signs proposed,
				including the size, location, and material.
(o) North arrow.
(p) Date of drawing.
(q) Detailed site location map.
(r) Any additional information required the
				zoning administrator or zoning review board to carry out the administrator's or
				board's duties. Examples of such information include the following:
(i) Soil types.
(ii) Topography.
(iii) Building elevations.
(iv) Site photographs.
(v) Anticipated traffic volumes.
(vi) Traffic circulation patterns.
(vii) Other pertinent site
				information.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Natural River Zoning (13 Rivers) › Section R. 281.108 - Application and approval; procedures and standards; principal uses and special uses

Current through Vol. 24-12, July 15, 2024
Rule 8.
(1) An
				application for a principal use shall be submitted and processed pursuant to
				all the following procedures:
(a) An
				application for a principal use shall be made on an application form that is
				available from the zoning administrator and shall be returned to the zoning
				administrator. A completed application shall contain all of the following
				information:
(i) A completed application form
				that is signed by the applicant or the applicant's representative.
(ii) A site plan that meets the requirements
				of
				R 281.106.
(iii) Evidence of ownership or a legal
				interest in the property that is affected by the application for a principal
				use.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Natural River Zoning (13 Rivers) › Section R. 281.109 - Variances and variance hearings

Current through Vol. 24-12, July 15, 2024
Rule 9.
(1) A
				dimensional variance from any standard established in these rules may be
				granted by the zoning review board after a public hearing or, in certain
				instances, by the zoning administrator as provided in subrule (3) of this rule
				to allow a modification from a standard that establishes an area, yard, height,
				floor space, frontage, setback, or similar numerical restriction, but only
				after substantive evidence establishes that there are practical difficulties in
				complying with these rules. A variance shall be permitted only when it is
				consistent with the general purposes and intent of these rules.
(2) The zoning review board or zoning
				administrator shall consider all of the following factors in determining if
				there are practical difficulties in complying with these rules as specified in
				subrule (1) of this rule:
(a) How substantial
				the variance is in relation to the zoning requirements.
(b) Whether a substantial change will be
				effected in the character of the area or a substantial detriment created for
				adjoining properties.
(c) Whether
				the difficulty can be overcome by some feasible method other than a
				variance.
(d) Whether, in view of
				the manner in which the difficulty arose, the interests of justice will be
				served by allowing the variance.
(e) Whether the plight of the landowner is
				due to circumstances which are unique to his or her property and which are not
				created by the landowner.
(f)
				Whether the variance may result in a material adverse effect on the
				environment.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Natural River Zoning (13 Rivers) › Section R. 281.110 - Rogue river system boundaries

Current through Vol. 24-12, July 15, 2024
Rule 60. The boundaries of the Rogue river natural river
				  district shall be as described in these rules and as depicted on the certified
				  Rogue river natural river zoning map with an effective date of June 2, 1980.
				  The Rogue river natural river zoning district comprises an area that is
				  described as follows:
(a) The
				mainstream of the Rogue river from 20 Mile road in section 11, T10N, R12W to
				its confluence with the Grand river.
(b) Spring creek from its source in section
				4, T
				10N, R11W to its
				confluence with the Rogue river.
(c) Duke creek from its source in section 1,
				T10N, R11W to its confluence with the Rogue river.
(d) Cedar creek from its source in section
				29, T10N, R10W to its confluence with the Rogue river.
(e) Stegman creek from its source in section
				16, T9N, R10W to its confluence with the Rogue river.
(f) Becker creek from its sources in sections
				5 and 8, T9N, R10W to its confluence with the Stegman creek.
(g) Shaw creek from its sources in section
				29, T9N, R10W to its confluence with the Rogue river.
(h) Rum creek from its source in section 4, T
				8N, R10W to its confluence with the Rogue river.
(i) Barkley creek from its source in section
				8, T9N, R10W to its confluence with the Rogue river.
(j) All lakes, ponds, impoundments or other
				surface water bodies not traditionally considered rivers, streams or creeks if
				they are a contiguous part of the stream segments listed in subdivisions (a) to
				(i) of this rule.
(k) The lands
				lying within 400 feet of the river's edge as described in subdivisions (a) to
				(j) of this rule.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Natural River Zoning (13 Rivers) › Section R. 281.111 - Rogue river system principal uses; natural vegetation strip

Current through Vol. 24-12, July 15, 2024
Rule 61.
(1) A
				principal use is allowed by right, but requires the issuance of a zoning permit
				by the zoning administrator. A principal use includes all of the following:
(a) A single-family dwelling or short-term
				rental facility with the following provisions:
(i) The minimum building setback shall be not
				less than 150 feet from the ordinary high-water mark on the mainstream and 100
				feet from the ordinary high-water mark on all designated tributaries, except as
				described in
				R 281.57.
(ii) A dwelling shall be set back not less
				than 50 feet from the top of a bluff on a cutting edge of a stream.
(iii) Building shall not take place on land
				that is subject to flooding or in any wetland area.
(iv) The natural contour of the face and
				crest of the bluff shall not be altered.
(v) The land between the crest of the bluff
				and the minimum building setback line shall not be altered except for minor
				landscaping activities.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Natural River Zoning (13 Rivers) › Section R. 281.112 - Appeals; contested cases

Current through Vol. 24-12, July 15, 2024
Rule 12. An aggrieved party who contests the decision of the
				  zoning administrator or zoning review board shall be granted a hearing if a
				  petition is filed with the director within 60 days after notice of disapproval
				  is received. The hearing shall be conducted pursuant to the provisions for
				  contested cases of 1969 PA 306, MCL 24.201 et seq. and R299.3071 to
				  R
				  299.3081.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Natural River Zoning (13 Rivers) › Section R. 281.113 - Violations; effect; remedies

Current through Vol. 24-12, July 15, 2024
Rule 13.
(1) After
				the effective date of these rules, a building or structure or land shall not be
				used or occupied, and a building or structure or part thereof shall not be
				erected, constructed, reconstructed, moved, or structurally altered, unless the
				building, structure, or land is in compliance with these rules. A permit or
				variance shall not be approved, and action shall not be taken, if approval of
				the permit or variance or the action taken violates these rules. The director
				shall not waive any of his or her rights or remedies against any person who
				violates these rules if the violations were committed in reliance on an
				authorization erroneously given in violation of any provision of these rules.
				Any authorized permit, variance, or action that is contrary to these rules is
				invalid from the date of the authorization.
(2) In addition to all other remedies, the
				director may institute appropriate action or proceedings to prevent, restrain,
				correct, or abate rule violations or threatened violations.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Natural River Zoning (13 Rivers) › Section R. 281.114 - Boundaries and permitted uses; changes, amendments, and supplements; precedence of local zoning ordinance over rules

Current through Vol. 24-12, July 15, 2024
Rule 14.
(1) The
				director may make changes, amendments, and supplements to boundaries and to
				permitted uses requested by a local unit of government or by a landowner
				following a hearing held pursuant to the provisions of sections 71 to 87 of
				1969 PA 306, MCL 24.271 to 24.287, if implementation of the change, amendment,
				or supplement does not contravene the purposes of these rules as specified in
				R
				281.102.
(2) Copies of any changes, supplements to
				boundaries, or adopted amendments shall be sent to all of the following
				entities:
a) The county register of
				deeds.
b) Township and county
				clerks.
c) The local building
				inspector.
d) Local soil erosion
				and sedimentation control enforcement agencies.
e) The conservation district.
f) County drain commissioner.
g) Zoning review board members.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Natural River Zoning (13 Rivers) › Section R. 281.120 - Boardman river system boundaries

Current through Vol. 24-12, July 15, 2024
Rule 70. The boundaries of the Boardman river natural river
				  district shall be as described in these rules and as depicted on the certified
				  Boardman river natural river zoning map with an effective date of June 2, 1980.
				  The Boardman river natural river zoning district comprises an area which is
				  described as follows:
(a) Mainstream
				of Boardman river from the confluence of the North Branch Boardman river and
				the South Branch Boardman river in section 4, T26N, R9W to Brown bridge dam in
				section 15, T26N, R10W.
(b)
				Mainstream of Boardman river from Brown bridge dam, section 15, T26N, R10W to
				the north boundary of Grand Traverse county property in section 27, T27N,
				R11W.
(c) North Branch Boardman
				river from U.S. 131 in section 20, T27N, R7W to the confluence with the South
				Branch Boardman river.
(d) South
				Branch Boardman river from U.S. 131 in section 16, T26N, R 8W to the confluence
				with the North Branch Boardman river.
(e) Beitner creek from Sawyer road in section
				8, T26N, R11W to its confluence with the Boardman river.
(f) Unnamed stream from the south line of
				section 9, T26N, R11W to its confluence with Beitner creek.
(g) Jaxon creek from the south line of
				section 31, T26N, R10W to its confluence with the Boardman river.
(h) Swainston creek from the west line of
				section 8, T25N, R10W to its confluence with the Boardman river.
(i) Jackson creek from Wood road in section
				14, T25N, R10W to its confluence with East creek.
(j) East creek from the confluence of
				Bancroft and Parker creeks in section 36, T26N, R10W to its confluence with the
				Boardman river.
(k) Parker creek
				from the north line of the south &frac12 of section 31, T26N, R9W to the
				confluence with Bancroft creek.
(l)
				Bancroft creek from Sparling road in section 7, T25N, R9W to the confluence
				with Parker creek.
(m) Carpenter
				creek from County road 660 (Supply road) in 13 T26N, R9W to its confluence with
				Twenty-Two creek.
(n) Twenty-Two
				creek from the east line of section 27, T26N, R9W to its confluence with the
				Boardman river.
(o) Taylor creek
				from U.S. 131 in section 15, T26N, R9W to its confluence with the South Branch
				Boardman river.
(p) Unnamed stream
				from it source in section 16, T 26N, R9W to its confluence with Taylor
				creek
(q) Crofton creek from U.S.
				131 in section 2, T26N, R8W to its confluence with the North Branch Boardman
				river.
(r) Failing creek from U.S.
				131 in section 30, T27N, R7W to its confluence with the North Branch Boardman
				river.
(s) All lakes, ponds,
				impoundments or other surface water bodies not traditionally considered rivers,
				streams or creeks if they are a contiguous part of the stream segments listed
				in subdivisions (a) to (r) of this rule.
(t) The lands lying within 400 feet of the
				river's edge as described in subdivisions (a) to (s) of this rule.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Natural River Zoning (13 Rivers) › Section R. 281.121 - Boardman river system principal uses; natural vegetation strip

Current through Vol. 24-12, July 15, 2024
Rule 71.
(1) A
				principal use is allowed by right, but requires the issuance of a zoning permit
				by the zoning administrator. A principal use includes all of the following:
(a) A single-family dwelling or short-term
				rental facility with the following provisions:
(i) The minimum building setback shall be not
				less than 150 feet from the ordinary high-water mark on the mainstream from the
				confluence of the north Branch and South Branch to Brown bridge dam, and 100
				feet from the ordinary high-water mark on the mainstream from Brown bridge dam
				to the north boundary of Grand Traverse county property in section 27, T 27N,
				R11W, Garfield township and on all other designated tributaries except as
				described in
				R 281.57.
(ii) Dwellings shall be set back not less
				than 25 feet from the top of a bluff on the noncutting edge of a stream and not
				less than 50 feet from the top of a bluff on the cutting edge of a
				stream.
(iii) Building shall not
				take place on land that is subject to flooding or in any wetland
				area.
(iv) The natural contour of
				the face and crest of the bluff shall not be altered.
(v) The land between the crest of the bluff
				and the minimum building setback line shall not be altered except for minor
				landscaping activities.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Natural River Zoning (13 Rivers) › Section R. 281.131 - Pere Marquette River system principal uses; natural vegetation strip

Current through Vol. 24-12, July 15, 2024
Rule 81.
(1) A
				principal use is allowed by right, but requires the issuance of a zoning permit
				by the zoning administrator. A principal use includes all of the following:
(a) A single-family dwelling or short-term
				rental facility with all the following provisions:
(i) The minimum building setback shall be not
				less than 150 feet from the ordinary high-water mark on the mainstream, the Big
				South Branch, the Little South Branch, the Middle Branch, and the Baldwin river
				and 100 feet on all other designated tributaries except as described in
				R 281.57.
(ii) The setback may be decreased 1 foot for
				every 1 foot of rise in bank height to a minimum of 100 feet from the ordinary
				high-water mark on the mainstream and to a minimum of 75 feet from the ordinary
				high-water mark on all other designated tributaries.
(iii) A dwelling shall be set back not less
				than 25 feet from the top of a bluff on the noncutting edge of a stream and not
				less than 50 feet from the top of a bluff on the cutting edge of a
				stream.
(iv) Building shall not
				take place on land that is subject to flooding or in any wetland
				area.
(v) The natural contour of
				the face and crest of the bluff shall not be altered.
(vi) The land between the crest of the bluff
				and the minimum building setback line shall not be altered except for minor
				landscaping activities.