reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Natural River Zoning (13 Rivers) › Section R. 281.132 - Purpose; intent; scope

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) The
				commission, on its own motion, to implement the intent of Act No. 231 of the
				Public Acts of 1970, being S281.761 et seq. of the Michigan Compiled Laws, and
				in the absence of local zoning to protect the Betsie river, a designated
				natural river, promulgates these zoning 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 Betsie 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
				which are unsuited for such development because of high groundwater, erosion,
				or vulnerability to flood damage.
(f) To achieve the goals and objectives of
				the Betsie river natural river plan.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Natural River Zoning (13 Rivers) › Section R. 281.133 - Construction of language; severability

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) All of
				the following rules of construction apply to the text of these rules:
(a) The particular shall control over the
				general.
(b) In the case of any
				difference of meaning or implication between the text of these rules and any
				caption or illustration, the text shall control.
(c) The word "shall" is always mandatory and
				not discretionary. The word "may" is permissive.
(d) Words used in the present tense shall
				include the future. Words used in the singular number shall include the plural
				and the plural the singular, unless the context clearly indicates the
				contrary.
(e) A "building" or
				"structure" includes any part thereof.
(f) The phrase "used for" includes "arranged
				for," "designed for," "intended for," "maintained for," or "occupied
				for."
(g) The word "person"
				includes an individual, a corporation, a partnership, an incorporated
				association, or any other similar entity.
(h) Unless the context clearly indicates the
				contrary, where a regulation involves 2 or more items, conditions, provisions,
				or events connected by the conjunction "and," "or," or "either ... or," the
				conjunction shall be interpreted as follows:
(i) "And" indicates that all of the connected
				items, conditions, or provisions shall apply.
(ii) "Or" indicates that the connected items,
				conditions, provisions, or events may apply singularly or in any
				combination.
(iii) "Either ... or"
				indicates that the connected items, conditions, provisions, or events shall
				apply singularly, but not in combination.
(i) 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. 281.134 - Lot size and area; subdivision of land; home occupations; natural vegetation strip; signs; docks; height of structures

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1) Unless
				otherwise provided for within these rules, any lot or parcel of property
				created after the effective date of these rules, or amendments thereto, shall
				have a minimum area of 50,000 square feet and a minimum average width of 200
				feet throughout the length of the lot or parcel. The average lot width shall be
				based on the average of the combined widths of the front and rear lot
				lines.
(2) A lot that exists on the
				effective date of this rule, or amendment thereto, shall not be subdivided or
				reduced in dimension or area below the minimum requirements of these rules.
				Lots that are created after the effective date of this rule shall meet the
				minimum requirements of these rules, except as provided in subrules (3) and (4)
				of this rule.
(3) Proposed lots
				which have preliminary plat approval pursuant to the provisions of Act No. 288
				of the Public Acts of 1967, as amended, being S560.101 et seq. of the Michigan
				Compiled Laws, but which do not meet the dimensional requirements of these
				rules on their effective date, shall, on final plat approval, be issued a
				permit subject to the requirements provided in
				R
				281.139.
(4) Lots of record which are created before
				the effective date of these rules, or amendments thereto, and which do not
				possess sufficient land area or lot width may be used for the purposes
				described within these rules, subject to the requirements provided for in
				R
				281.139.
(5) Home occupations shall conform to both of
				the following requirements:
(a) The use of
				the dwelling unit, or related structure, for the home occupation shall be
				clearly incidental and subordinate to its use for residential purposes. The
				home occupation shall not occupy more than 30% of the aboveground floor area of
				the dwelling unit. This requirement shall apply whether the home occupation is
				contained wholly within the dwelling unit or utilizes a garage.
(b) Equipment or a process shall not be used
				in a home occupation that is conducted in a single-family dwelling unit or its
				associated garage if it creates noise, vibration, glare, fumes, odors, or
				electrical interference that is detectable to the normal senses off the
				premises and shall not be used in a home occupation that is conducted in other
				than a single-family dwelling unit or an associated garage if it creates noise,
				vibration, glare, fumes, odors, or electrical interference that is detectable
				to the normal senses outside the dwelling unit.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Natural River Zoning (13 Rivers) › Section R. 281.135 - Boundaries; interpretation of boundaries; filing of zoning map

Current through Vol. 24-12, July 15, 2024
Rule 5.
(1) 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. The Betsie river natural river zoning district comprises an area which is
				described as follows:
(a) The Betsie river
				from Grass lake dam in section 2, T25N, R13W, in Benzie county to its mouth at
				Betsie lake in section 35, T26N, R16W, including Thompsonville pond.
(b) The Little Betsie river from its
				headwaters in section 24, T 25N, R13W, in Benzie county to its confluence with
				the Betsie river in section 25, T25N, R14W.
(c) Dair creek from its headwaters in section
				15, T25N, R14W, in Benzie county to its confluence with the Betsie river in
				section 19, T25N, R14W.
(d) The
				lands lying within 400 feet of the river's edge which are enumerated in
				subdivisions (a) to (c) of this subrule.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Natural River Zoning (13 Rivers) › Section R. 281.136 - 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
				281.137(1). 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, shall have the
				authority to 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.
(c) The 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) Bluff heights.
(h) Entrances to public streets.
(i) A description of the building design,
				including proposed construction materials.
(j) Drainage facilities.
(k) The location and description of the
				method to dispose of sanitary wastes.
(l) Proposed landscaping.
(m) The 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
				deemed by the zoning administrator or zoning review board to be necessary 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. 281.137 - Land use and development standards

Current through Vol. 24-12, July 15, 2024
Rule 7. Land uses within the natural river district are
				  classified as exempt, principal, or special uses and are described as
				  follows:
(a) Exempt uses are uses
				which are permitted by right and which are not subject to the receipt of a
				zoning permit. Exempt uses include all of the following:
(i) Private, noncommercial recreation which
				does not involve permanent structures, equipment, or other devices, but which
				includes camping, boating, fishing, hunting, and other similar
				activities.
(ii) Reforestation and
				other accepted forest management practices, subject to the limitations
				specified in
				R
				281.134(6)(b).
(iii) Agriculture, including general and
				specialized farming, unless the bureau of environmental protection of the
				Michigan department of natural resources determines that such use will
				significantly contribute to stream degradation.
(iv) The operation of licensed motor vehicles
				on dedicated public roads or private roads that are designed to provide access
				to a permitted use.
(v) The
				off-road operation of emergency and public utility maintenance vehicles. The
				off-road operation of other motorized vehicles is prohibited in the natural
				vegetation strip as specified in
				R
				281.134(6).
(vi) Private footpaths that are constructed
				by the landowner of natural materials to facilitate access to permitted
				uses.
(vii) Signs, subject to the
				provisions of
				R
				281.134(7).
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Natural River Zoning (13 Rivers) › Section R. 281.138 - 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 under 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) Two copies of a site plan that meets the
				requirements of
				R
				281.136(2).
(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. 281.139 - 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 of 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
				carrying out the strict letter of 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 carrying out the strict
				letter of 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
				affected 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, and considering all of the factors
				specified in subdivisions (a) to (c) of this subrule, 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. 281.140 - Rifle river system boundaries

Current through Vol. 24-12, July 15, 2024
Rule 90. The boundaries of the Rifle river natural river
				  district shall be as described in these rules and as depicted on the certified
				  Rifle river natural river zoning map with an effective date of April 24, 1984.
				  The Rifle river natural river zoning district comprises an area which is
				  described as follows:
(a) The
				mainstream of the Rifle river from and including Mallard pond in section 2,
				R23N, R3E to the northern city limits of Omer in section 10, T19N, R5E,
				including all channels of the mainstream, except the old channels leading into
				and out of Devoe lake.
(b) Gamble
				creek from Heath road in section 25, T24 N, R3E, to Mallard pond.
(c) Vaughn creek from Heath road in section
				27, T24N, R3E, to its confluence with Gamble creek.
(d) Oyster creek from Oyster road in section
				22, T24N, R3E, to its confluence with Mallard pond.
(e) Mayhue creek from the pond in section 28,
				T24N, R3E, to its confluence with Oyster creek.
(f) Houghton creek from Heath road in 30,
				T24N, R3E, to its confluence with the Rifle river.
(g) Wilkins creek from Campbell road in
				section 11, T23N, R2E, to its confluence with the Rifle river.
(h) Prior creek from Morrison road in section
				19, T23N, R3E, to its confluence with the Rifle river.
(i) Klacking creek from its source in Foose
				swamp in section 34, T23N, R2E, to its confluence with the Rifle
				river.
(j) Little Klacking creek
				from its source in section 26, T23N, R2E, to its confluence with Klacking
				creek.
(k) Dedrich creek from
				Gerald Miller road in section 22, T22N, R3E, to its confluence with the Rifle
				river.
(l) West Branch Rifle river
				from the outfall of Flowage lake in section 32T22N, R2E, to its confluence with
				the Rifle river.
(m) North and
				south branches of Eddy creek from M-33 in sections 12 and 13, T21N, R2E, to its
				confluence with the Rifle river.
(n) Silver creek from Elbow lake road in
				section 11, T21N, R3E, to its confluence with the Rifle river.
(o) Mansfield creek from Melita road in
				section 30, T21N, R4E, to its confluence with the Rifle river.
(p) Fritz creek from Fritz road in section
				34, T20N, R4E, to its confluence with the Rifle river.
(q) 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
				(p) of this rule.
(r) The lands
				lying within 400 feet of the river's edge as described in subdivisions (a) to
				(q) of this rule.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Natural River Zoning (13 Rivers) › Section R. 281.141 - Rifle river system principal uses; natural vegetation strip

Current through Vol. 24-12, July 15, 2024
Rule 91
(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 and 100
				feet on all 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.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Natural River Zoning (13 Rivers) › Section R. 281.142 - 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 Act No. 306 of the Public Acts of 1969, as amended, being
				  S24.201 et seq. of the Michigan Compiled Laws, and
				  R
				  299.3071 to
				  R
				  299.3081.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Natural River Zoning (13 Rivers) › Section R. 281.143 - 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 the provisions of 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 the
				provisions of these rules. The commission shall not waive any of its 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 the provisions of these rules is deemed invalid from the date of
				the authorization.
(2) In addition
				to all other remedies, the commission 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. 281.144 - 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
				commission 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 Act
				No. 306 of the Public Acts of 1969, as amended, being SS24.271 to 24.287 of the
				Michigan Compiled Laws, if implementation of the change, amendment, or
				supplement does not contravene the purposes of these rules as specified in
				R
				281.132.
(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 soil conservation district.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Natural River Zoning (13 Rivers) › Section R. 281.145 - Rescission

Current through Vol. 24-12, July 15, 2024
Rule 15. R 281.31 to R 281.41 of the Michigan Administrative
				  Code, appearing on pages 828 to 836 of the 1979 Michigan Administrative Code,
				  are rescinded.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Natural River Zoning (13 Rivers) › Section R. 281.150 - Flat river system boundaries

Current through Vol. 24-12, July 15, 2024
Rule 100. The boundaries of the Flat river natural river
				  district shall be as described in these rules and as depicted on the certified
				  Flat river natural river zoning map with an effective date of June 21, 1984.
				  The Flat river natural river zoning district comprises an area which is
				  described as follows:
(a) The
				mainstream of the Flat river from the M-46/M-66 bridge in section 15, T12N, R7W
				to the northern limits of the city of Lowell in section 35, T7N, R9W, excluding
				those portions that flow through the incorporated city limits of Greenville and
				Belding.
(b) West Branch creek from
				its source in section 18, T11N, R8W to its confluence with the Flat
				river.
(c) Clear creek from Lincoln
				lake avenue in section 27, T10N, R9W to its confluence with Coopers
				creek.
(d) Coopers creek from
				Lincoln lake avenue, in section 34, T10N, R9W to its confluence with the Flat
				river.
(e) Wabasis creek from Mills
				avenue in section 24, T9N, R9W to its confluence with the Flat river.
(f) Dickerson creek from Sidney road section
				18, T10N, R7W to its confluence with the Flat river.
(g) 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
				(f) of this rule.
(h) The lands
				lying within 400 feet of the river's edge as described in subdivisions (a) to
				(g) of this rule.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Natural River Zoning (13 Rivers) › Section R. 281.151 - Flat river system principal uses; natural vegetation strip

Current through Vol. 24-12, July 15, 2024
Rule 101
(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 100 feet from the ordinary high-water mark on the mainstream and all
				designated tributaries, except as described in
				R 281.56(7), or shall
				be not less than 25 feet from the 100-year floodplain line, whichever is the
				greater distance from the rivers edge.
(ii) A dwelling shall be set back not less
				than 50 feet from the top of a bluff.
(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. 281.152 - Purpose

Current through Vol. 24-12, July 15, 2024
Rule 2. The commission, on its own motion, in order to
				  implement the intent of Act No. 231 of the Public Acts of 1970, being S281.761
				  et seq. of the Michigan Compiled Laws, and in the absence of local zoning to
				  protect the Huron river, a designated natural river, promulgates these zoning
				  rules whose purposes are as follows:
(a) To promote the public health, safety, and
				general welfare, to prevent economic and ecological damage due to unwise
				development patterns 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 and wildlife resources, water quality, scenic and
				aesthetic qualities, and historical and recreational values of the Huron river
				and adjoining land.
(c) To prevent
				flood damage due to interference with natural floodplain characteristics by
				excluding developments which are vulnerable to flood damages and which may
				reduce the capacity of the floodway of the river to withstand flooding
				conditions.
(d) To provide for
				residential and other compatible, permitted uses that complement the natural
				characteristics of the natural river system.
(e) To protect individuals from investing
				funds in structures proposed for location on lands unsuited for such
				development because of high groundwater, erosion, or vulnerability to flood
				damage.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Natural River Zoning (13 Rivers) › Section R. 281.153 - Boundaries; rules of construction; display and filing of zoning map; effect of zoning rules

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) 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. The Huron river natural river district comprises an area which is
				described as follows:
(a) The mainstream of
				the Huron river from Kent lake dam downstream to the western edge of section 32
				of Hamburg township, Livingston county, excluding Strawberry, Gallager, Loon,
				which is also known as Long or Little Gallager, and the 2 Whitewood lakes; and
				from John Flook dam downstream 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 to its confluence with the Huron
				river.
(c) Arms creek, Washtenaw
				county, Webster township, from the confluence of the 2 branches in section 10
				to its confluence with the Huron river.
(d) Mill creek, Washtenaw county, Scio
				township, from Parker road downstream to the incorporated village limits of
				Dexter.
(e) The lands lying within
				400 feet of the river's edge which are enumerated in subdivisions (a) to (d) of
				this subrule.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Natural River Zoning (13 Rivers) › Section R. 281.154 - Zoning permits; application; additional requirements

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1) A person
				shall not commence excavation, erection, alteration, or repair on a building or
				structure, or commence a land use, until a zoning permit has been obtained from
				the zoning administrator. If the alteration or ordinary maintenance made on a
				dwelling does not change the character of the structure or land use, and if the
				total cost does not exceed 5% of the market value of the structure in any
				12-month period, the owner of the structure or land is exempt from obtaining a
				zoning permit, but may be required to obtain a local building permit from the
				appropriate local building inspector.
(2) A written application for a zoning permit
				shall be filed with the zoning administrator. All of the following information
				shall be submitted with an application for a zoning permit:
(a) Two copies of a site plan which give
				accurate dimensions on either a scale drawing or a rough sketch and which
				contain all of the following information:
(i)
				The location on the lot of all existing and proposed structures.
(ii) The existing or intended use of the
				structure.
(iii) The generalized
				vegetative cover.
(iv) The lines
				and dimensions of the lot to be used.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Natural River Zoning (13 Rivers) › Section R. 281.155 - Subdivision of land; plats with preliminary approval

Current through Vol. 24-12, July 15, 2024
Rule 5.
(1) A lot
				that exists on the effective date of this rule, or amendment thereto, shall not
				be subdivided or reduced in dimension or area below the minimum requirements of
				these rules. Lots that are created after the effective date of this rule shall
				meet the minimum requirements of these rules, except as provided in subrule (2)
				of this rule.
(2) Proposed lots
				which have preliminary plat approval pursuant to Act No. 288 of the Public Acts
				of 1967, as amended, being S560.101 et seq. of the Michigan Compiled Laws, but
				which do not meet the dimensional requirements of these rules on their
				effective date shall, on final plat approval, be issued a permit subject to the
				requirements provided in
				R
				281.159.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Natural River Zoning (13 Rivers) › Section R. 281.156 - Permitted uses

Current through Vol. 24-12, July 15, 2024
Rule 6.
(1) The
				following uses are permitted by the owner upon the owner's property within the
				natural river district, subject to the limitations and requirements outlined in
				these zoning rules, local ordinances, and other applicable statutes:
(a) Private camping and other recreational
				activities which do not require the installation of permanent structures and
				which are outside of the natural vegetation strip.
(b) The operation of watercraft, subject to
				the limitations of local ordinances established under the authority of Act No.
				303 of the Public Acts of 1967, as amended, being S281.1001 et seq. of the
				Michigan Compiled Laws.
(c) Fishing
				and hunting in compliance with existing laws and rules.
(d) Reforestation and other accepted forest
				management practices, subject to the limitations outlined in
				R
				281.157.
(e) Normal agricultural activities, if the
				activities meet the requirements of these rules, and if the bureau of
				environmental protection of the department of natural resources determines that
				such activities do not contribute to stream degradation.
(f) The operation of licensed motor vehicles
				on dedicated public roads or access roads to private single-family
				dwellings.
(g) Off-road operation
				of emergency and public utility maintenance vehicles.
(h) Private footpaths that are constructed by
				the landowner of natural materials to facilitate permitted uses.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Natural River Zoning (13 Rivers) › Section R. 281.157 - Natural vegetation strip

Current through Vol. 24-12, July 15, 2024
Rule 7. Within the natural river district, a 50-foot minimum
				  restrictive cutting belt shall be maintained on each side of the mainstream of
				  the Huron river and on Arms, Davis, and Mill creeks. Trees and shrubs may be
				  pruned for a filtered view of the river upon approval of the zoning
				  administrator or the area forester, but clear cutting in the natural vegetation
				  strip is prohibited. The natural vegetation strip is also subject to both of
				  the following provisions:
(a) Dead,
				diseased, unsafe, or fallen trees and noxious plants and shrubs, including
				poison ivy, poison sumac, and poison oak, may be removed.
(b) Selected removal or trimming of trees for
				timber harvest, access or woodlot improvement, landscaping, or public utility
				lines to service private single-family dwellings is permitted upon approval of
				the area forester or zoning administrator.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Natural River Zoning (13 Rivers) › Section R. 281.158 - Special exception permits

Current through Vol. 24-12, July 15, 2024
Rule 8.
(1) Special
				exception permits may be granted to allow a use in the natural river district
				which is specifically permitted by
				R
				281.156, if implementation of that use does not
				contravene the purposes of these rules as specified in
				R
				281.152.
(2) Application for a special exception
				permit shall be made on a form provided by the zoning administrator.
(3) Upon reviewing an application for a
				special exception permit, the zoning review board, at any time before rendering
				a decision thereon, shall require the applicant to furnish all of the following
				information which the zoning review board deems necessary for determining the
				suitability of the particular site for the proposed use:
(a) A detailed description of the proposed
				activity or use.
(b) A surface view
				plan which gives accurate dimensions on either a scale drawing or a rough
				sketch and which shows all of the following:
(i) Elevations or contours of the ground,
				including existing earth fills.
(ii) Generalized vegetative cover.
(iii) The size, location, and spatial
				arrangement of all proposed and existing structures on the site.
(iv) The location and elevations of streets,
				access roads, and water supply and sanitary facilities.
(c) Photographs that show existing land uses
				and vegetation upstream and downstream from the proposed use.
(d) Valley cross sections that show the
				natural stream channel, streambanks, high-water marks, flood marks, if known,
				and locations of proposed developments.
(e) All other information which is deemed
				relevant by the zoning administrator and which is necessary to carry out the
				intent and provisions of these rules.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Natural River Zoning (13 Rivers) › Section R. 281.159 - Substandard lots of record

Current through Vol. 24-12, July 15, 2024
Rule 9.
(1) The
				zoning administrator, in compliance with the terms of this subrule, shall grant
				a permit if, because of either of the following circumstances, a proposed
				structure cannot be erected on a lot of record or a lot described in a deed or
				land contract executed and delivered before the effective date of this rule:
(a) The lot is of insufficient width, depth,
				or area.
(b) Physical limitations
				exist on an existing lot or parcel.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Natural River Zoning (13 Rivers) › Section R. 281.160 - Pigeon river system boundaries

Current through Vol. 24-12, July 15, 2024
Rule 110. The boundaries of the Pigeon river natural river
				  district shall be as described in these rules and as depicted on the certified
				  Pigeon river natural river zoning map with an effective date of February 13,
				  1985. The Pigeon river natural river zoning district comprises an area that is
				  described as follows:
(a) The
				mainstream of the Pigeon river from its source in section 30, T 31N, R2W to the
				Hackleburg road (East Mullett Lake road) bridge.
(b) Unnamed stream from its source in section
				31, T31N, R2W to its confluence with the Pigeon river.
(c) Unnamed stream from its source in section
				30, T31N, R2W to its confluence with the Pigeon river.
(d) Unnamed stream from its source in section
				5, T30N, R2W to its confluence with the Pigeon river
(e) Unnamed stream from its source in section
				28, T31N, R2W to its confluence with the Pigeon river.
(f) Slade creek from its sources in sections
				27, 34 and 35, T31N, R 2W to its confluence with the Pigeon river
(g) Duck creek from the south line of section
				2, T30N, R2W to its confluence with the Pigeon river.
(h) Unnamed stream from its source in section
				24, T31N, R2W to its confluence with the Pigeon river.
(i) Grass lake outlet from the outlet of
				Grass lake in section 5, T32N, R1W to its confluence with the Pigeon
				river.
(j) Unnamed stream from its
				source in section 29, T33N, R1W to its confluence with the Pigeon
				river.
(k) Cornwall creek from its
				source in section 35, T33N, R1W to its confluence with the Pigeon
				river.
(l) Grindstone creek from
				its source in section 17, T33N, R1W to its confluence with the Pigeon
				river.
(m) McIntosh creek from its
				sources in sections 28 and 33, T34N, R1W to its confluence with the Pigeon
				river.
(n) Nelson creek from its
				source in section 29, T33N, R
				1W to its
				confluence with the Pigeon river.
(o) The Little Pigeon river from its source
				in section 1, T32N, R2W to its confluence with the Pigeon river.
(p) Molby creek from its sources in sections
				24 and 25, T33N, R2W to its confluence with the Little Pigeon river.
(q) Burrows creek from its source in section
				14, T33N, R2W to its confluence with the Little Pigeon river.
(r) Unnamed stream from its source in section
				12, T33N, R2W to its confluence with the Little Pigeon river.
(s) Unnamed stream from its source in section
				23, T34N, R2W to its confluence with the Pigeon river
(t) Wilkes creek from its source in section
				16, T34N, R1W to its confluence with the Pigeon river.
(u) 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
				(t) of this rule.
(v) The lands
				lying within 400 feet of the river's edge as described in subdivisions (a) to
				(u) of this rule.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Natural River Zoning (13 Rivers) › Section R. 281.161 - Pigeon river system principal uses; natural vegetation strip

Current through Vol. 24-12, July 15, 2024
Rule 111.
(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 not less
				than 200 feet from the ordinary high-water mark on the mainstream and 150 feet
				on all designated tributaries, except as described in
				R 281.57.
(ii) A dwelling set back not less 50 feet
				from the top of a bluff.
(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. 281.162 - Zoning administrator and zoning review board; appointment; duties

Current through Vol. 24-12, July 15, 2024
Rule 12. The commission shall appoint a zoning administrator
				  and a zoning review board to act as its agents to enforce these rules. The
				  duties of the zoning review board and zoning administrator include, but are not
				  limited to, all of the following:
(a)
				Receiving and processing applications for zoning permits, special exception
				permits, petitions for appeals, requests for changes, amendments, and
				supplements.
(b) Inspecting
				sites.
(c) Issuing or denying
				zoning permits as outlined in these rules.
(d) Assisting with other matters requiring a
				decision by the commission.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Natural River Zoning (13 Rivers) › Section R. 281.163 - Violations

Current through Vol. 24-12, July 15, 2024
Rule 13.
(1) An
				alleged violation shall be inspected by the staff of the department and, if it
				is found that a violation exists, the department shall order the applicant, in
				writing, to correct all conditions found to be in violation of these
				rules.
(2) The owner of a building,
				structure, or land which violates these rules is subject to the provisions of
				section 13 of Act No. 231 of the Public Acts of 1970, being S281.773 of the
				Michigan Compiled Laws.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Natural River Zoning (13 Rivers) › Section R. 281.164 - Boundaries and permitted uses; changes, amendments, and supplements

Current through Vol. 24-12, July 15, 2024
Rule. 14.
(1) The
				commission may make changes, amendments, and supplements to boundaries and to
				permitted uses requested by a local unit of government or by a landowner, if
				implementation of the change, amendment, or supplement does not contravene the
				purposes of these rules as specified in
				R
				281.152.
(2) A local unit of government or a landowner
				who requests a change, amendment, or supplement to the boundaries or to
				permitted uses shall have a hearing held pursuant to sections 71 to 87 of Act
				No. 306 of the Public Acts of 1969, as amended, being SS24.271 to 24.287 of the
				Michigan Compiled Laws.
(3) Copies
				of any changes, supplements to boundaries, or adopted amendments shall be sent
				to all of the following:
(a) The county
				register of deeds.
(b) The zoning
				administrator of these rules.
(c)
				Local planning, zoning and health officials.
(d) Township and county clerks.
(e) The local building inspector.
(f) Local soil erosion and sedimentation
				control enforcement agencies.
(g)
				The soil conservation service.
(h)
				Public utility companies which provide service to riverfront property owners
				affected by these rules.
(i) Huron
				river watershed council.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Natural River Zoning (13 Rivers) › Section R. 281.171 - Au Sable river system principal uses; natural vegetation strip

Current through Vol. 24-12, July 15, 2024
Rule 121.
(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 not less
				than 200 feet from the ordinary high-water mark on the mainstream, north branch
				and south branch, 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 rise in bank height to a minimum of 150 feet from the ordinary
				high-water mark on the mainstream, north branch and south branch, 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.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Natural River Zoning (13 Rivers) › Section R. 281.172 - Purpose; intent; scope

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) The
				director, on his or her own motion, to implement the intent of Natural Rivers
				Part 305 of 1994 PA 451, and in the absence of local zoning to protect the
				Upper Manistee 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 Upper Manistee 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 Upper Manistee river natural river
				plan.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Natural River Zoning (13 Rivers) › Section R. 281.173 - Construction of language: severability

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) All of
				the following rules of construction apply to the text of 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.