Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Utilities and Publicly Provided Facilities in Designated Natural River Areas › Section R. 281.306 - Construction and maintenance of approved projects; applicable requirements and specifications

Current through Vol. 24-12, July 15, 2024
Rule 6.
(1)
				Construction and maintenance of approved projects shall follow all applicable
				requirements and specifications set forth in
				R
				281.811 to
				R
				281.846,
				R
				323.1701 to
				R
				323.1714,
				R
				460.511 to
				R
				460.519, R 460.521 to R 460.529, R 460.540 to R
				460.548, R 460.588,
				R
				460.852,
				R
				460.865, R 460.1251 to R 460.1422, R 460.2804 to R
				460.2879,
				R
				323.1311 to
				R
				323.1329, and R 460.14001 to R 460.14999 of the
				Michigan Administrative Code. The forest management division guidelines,
				utilities, pipelines and communications structures on state land, which are
				available by writing the Forest Management Division, Department of Natural
				Resources, P.O. Box 30028, Lansing, Michigan 48909, shall be
				followed.
(2) The department, in
				addition to the above requirements, may require other reasonable measures to
				further protect the natural river environment, including the following as are
				deemed appropriate and necessary:
(a) Upon
				reaching the natural vegetation strip during clearing operations for overhead
				electric transmission line, communication line, and pipeline rights-of-way,
				tall-growing tree species may selectively be removed. Shrubs, low-growing tree
				species with a mature height of less than 20 feet, and other vegetation shall
				be left as natural as possible. Following construction, special measures may be
				required to discourage damaging off-road vehicle use, enhance wildlife habitat,
				or protect against soil erosion. The department may require that the
				right-of-way be left in a rough, ungraded condition and that slash and stumps
				be scattered over the right-of-way or made into brush piles, if landowner
				concurrence is obtained.
(b) A
				single-span stream crossing shall be used whenever possible, which shall be
				consistent with proper vertical clearance of the wires over the waterway and
				proper structure height for minimal adverse visual impact. This will result in
				poles being placed as far landward of the river banks as possible.
(c) If an underground utility right-of-way
				crosses the natural vegetation strip, only minimal brush and tree removal shall
				be performed during construction. Following construction, special measures may
				be required to restore the natural appearance of the area, stabilize river
				banks, discourage damaging off-road vehicle use, or enhance wildlife habitat.
				If revegetation is required, native plant materials commonly used in that area,
				as specified by the department, shall be replanted in the natural vegetation
				strip. The department may require that the right-of-way be left in a rough,
				ungraded condition and that slash and stumps be scattered over the right-of-way
				or made into brush piles, if landowner concurrence is obtained.
(d) Management of trees, shrubs, and other
				vegetation for maintenance of all rights-of-way shall be done manually in the
				natural vegetation strip. However, herbicides may be applied by hand to stumps
				of selectively cut trees in the natural vegetation strip, where establishing
				and maintaining a low-growing shrub community in this zone will further the
				objectives of the act. The department may authorize application of selected
				pesticides to control insect or disease infestations.
(e) The time and method of planting
				recommended vegetation shall be specified by the department to ensure maximum
				survival and growth of plant species.
(f) The stream shall be crossed by a method
				of construction which minimizes disruption to the streambed. Streams should be
				crossed at the point and time least damaging to fishery resources, and
				generally at right angles. If aerial crossings are used, they shall be designed
				to accommodate recreational use of the river in addition to protection of the
				streambanks.
(g) Materials used for
				bank stabilization following a river crossing shall maintain and enhance the
				natural and aesthetic qualities of the natural river area, control bank
				erosion, restore fish habitat, and discourage damaging off-road vehicle use.
				Specifications regarding stabilization efforts and revegetation shall be
				consistent with the goals of maintaining stream width as near as possible to
				the original width, and to provide early revegetation of the area
				involved.
(h) During construction
				for a new road or bridge, or reconstruction of an existing road or bridge,
				strict erosion control measures shall be taken to prevent sediment from
				reaching the river. Only minimal clearing of existing vegetation, grubbing, and
				grading shall be performed in the natural river area. The construction area
				shall be restored to as natural a condition as possible in the natural river
				area immediately following construction.
(i) Where bank stabilization is needed to
				stabilize a bank along a road or at bridge crossings, materials shall be used
				that insure the maintenance and enhancement of the natural and aesthetic
				qualities of the natural river area.
(j) All of the following apply to publicly
				provided recreational and water management projects and access site facilities:
(i) Construction or maintenance of these
				projects shall follow the recommendations of the adopted natural river
				plan.
(ii) Only minimal removal of
				existing vegetation within the natural river area shall be performed.
(iii) The time and method of planting
				recommended vegetation shall be specified by the department to ensure maximum
				survival and growth of plant species.
(iv) A plan shall incorporate the use of
				materials that blend with the natural setting. Dark roof areas, muted earth
				tone paints or stains, and low silhouettes are considered desirable.