reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Natural River Zoning (13 Rivers) › Section R. 281.174 - 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 for 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 100 feet from the river's edge at all
				points, this subdivision 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
				R
				281.177.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Natural River Zoning (13 Rivers) › Section R. 281.176 - 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
				281.177. 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) 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
				required by 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. 281.178 - 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 281.176.
(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. 281.179 - Variances and variance hearings

Current through Vol. 24-12, July 15, 2024
Rule 9.
(1) A
				dimensional variance from 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 shall 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. 281.181 - Pine river system principal uses; natural vegetation strip; vegetative cutting within river channel

Current through Vol. 24-12, July 15, 2024
Rule 131.
(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 150 feet from the ordinary high-water mark on the mainstream and the north
				branch Pine river from its confluence with Spalding creek to its confluence
				with the east branch Pine river and not less than 100 feet from the ordinary
				high-water mark on all other designated tributaries, except as described in
				R 281.57.
(ii) On the mainstream and the north branch
				Pine river from its confluence with Spalding creek to its confluence with the
				east branch Pine river the setback may be decreased 1 foot for every 1-foot
				rise in bank height to a minimum distance of 100 feet from the ordinary
				high-water mark. The reduction in setback does not apply until the bank height
				reaches 25 feet, at which point the reduction in setback is 25 feet.
(iii) On all other tributaries, the setback
				may be decreased 1 foot for every 1-foot rise in bank height to a minimum
				distance of 75 feet from the ordinary high-water mark. The reduction in setback
				does not apply until the bank height reaches 15 feet, at which point the
				reduction in setback is 15 feet.
(iv) A dwelling shall be set back not less
				than 50 feet from the crest of a bluff on the mainstream and the north branch
				Pine river from its confluence with Spalding creek to its confluence with the
				east branch Pine river, and not less than 25 feet from the crest of a bluff on
				all other designated tributaries.
(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. 281.182 - 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, and
				  R
				  299.3071 to
				  R
				  299.3081.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Natural River Zoning (13 Rivers) › Section R. 281.183 - 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 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 deemed 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. 281.184 - 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
				281.182.
(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. 281.191 - Upper Manistee river system principal uses; natural vegetation strip; vegetative cutting within river channel

Current through Vol. 24-12, July 15, 2024
Rule 141
(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
				other designated tributaries, except as described in
				R 281.57.
(ii) A dwelling shall be set back not less
				than 50 feet from the crest of a bluff on the mainstream and not less than 25
				feet from the crest of a bluff on designated tributaries.
(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. 281.200 - Two Hearted river system boundaries

Current through Vol. 24-12, July 15, 2024
Rule
				  150. The
				  boundaries of the Two Hearted river natural river district shall be as
				  described in these rules and as depicted on the certified Two Hearted river
				  natural river zoning map with the effective date of these rules. The Two
				  Hearted river natural river zoning district comprises an area which is
				  described as follows:
(a) The Two
				Hearted river from the confluence of the West Branch Two Hearted river and the
				north branch Two Hearted river in section 1, T48N, R11W to its mouth at Lake
				Superior.
(b) The north branch Two
				Hearted river from its source in section 20, T48N, R12W, to its confluence with
				the west branch Two Hearted river.
(c) Unnamed stream from its source in section
				9, T48N, R12W, to its confluence with the north branch Two Hearted
				river.
(d) The west branch Two
				Hearted river from its source, including the west branch lakes, in sections 9
				and 10, T 48N, R12W, to its confluence with the north branch Two Hearted
				river.
(e) South branch Two Hearted
				river from its source, including Whorl pond, in section 4, T47N, R11W, to its
				confluence with the west branch Two Hearted river.
(f) Dawson creek from its source in section
				25, T48N, R11W, to its confluence with the Two Hearted river.
(g) East branch Two Hearted river from its
				source in section 27, T48N, R10W, to its confluence with the Two Hearted
				river.
(h) 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 (g) of this rule.
(i) The lands lying within 400 feet of the
				river's edge as described in subdivisions (a) to (h) of this rule.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Natural River Zoning (13 Rivers) › Section R. 281.201 - Two Hearted river system principal uses; natural vegetation strip

Current through Vol. 24-12, July 15, 2024
Rule 151.
(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 crest of an eroding river bank, not less than 75
				feet from the crest of a non-eroding river bank that is greater than 20 feet
				above normal water levels, and not less than 100 feet from the crest of a
				non-eroding river bank that is less than 20 feet above normal water levels,
				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 the river bank shall not be altered.
(iv) The land between the crest of the river
				bank 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. 281.210 - Lower Kalamazoo river system boundaries

Current through Vol. 24-12, July 15, 2024
Rule 160. The boundaries of the lower Kalamazoo river natural
				  river district shall be as described in these rules and as depicted on the
				  certified lower Kalamazoo river natural river zoning map with the effective
				  date of these rules. The lower Kalamazoo river natural river zoning district
				  comprises an area which is described as follows:
(a) The mainstream of the lower Kalamazoo
				river from Calkins bridge dam at Lake Allegan in section 15, T2N, R14W to the
				east line of section 22, T3N, R16W including all channels of the mainstream
				(approximately 22 miles).
(b)
				Rabbit river from 36th street in section 30, T4N, R13W to its confluence with
				the Kalamazoo river.
(c) Bear creek
				from 36th street in section 19, T 3N, 13W to its confluence with the Kalamazoo
				river.
(d) Sand creek from the M-89
				bridge in section 3, T2N, R14W to its confluence the Kalamazoo river.
(e) Swan creek from 112th avenue in section
				5T1N, R14W to its confluence with the Kalamazoo river.
(f) Mann creek from 1 28th avenue in section
				28, T3N, R15W to its confluence with the Kalamazoo 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. 281.211 - Lower Kalamazoo river system principal uses; natural vegetation strip

Current through Vol. 24-12, July 15, 2024
Rule 161.
(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 200 feet from the ordinary high-water mark on the mainstream and
				other designated tributaries, except as described in
				R 281.57. The setback may be decreased
				3 feet for every 1 foot of rise in bank height to a minimum of 75 feet from the
				ordinary high-water mark.
(ii) A
				dwelling shall be set back not less than 50 feet from the crest of a bluff on
				the cutting edge of a stream and not less than 25 feet from the crest of a
				bluff on the noncutting 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. 281.220 - Fox river system boundaries

Current through Vol. 24-12, July 15, 2024
Rule 170. The boundaries of the Fox river natural river
				  district shall be as described in these rules and as depicted on the certified
				  Fox river natural river zoning map with the effective date of these rules. The
				  Fox river natural river zoning district comprises an area described as
				  follows:
(a) All channels of the Fox
				river mainstream from its source above Casey lake in section 21, T48N, R14W to
				the confluence with the Lake Branch of the Manistique river in section 25,
				T45N, R13W.
(b) Casey creek from
				its source in section 20, T48N, R14W, to its confluence with the Fox
				river.
(c) West branch from the
				confluence of Pelican creek in section 26, T48N, R15W, section 26) to its
				confluence with the Fox river.
(d)
				Spring ponds (2), 1 mile below the west branch of the Fox river in section 16,
				T47N, R14W.
(e) Little Fox from the
				outlet of Stanley lake in section 11T47N, R15W to its confluence with the Fox
				river.
(f) Hudson creek from its
				sources in sections 2 and 11, T46N, R
				14W to its
				confluence with the Fox river (all channels).
(g) East Branch from its source above the
				reservoir in section 1, T47N, R14W to its confluence with the mainstream.(all
				channels)
(h) Clear creek from its
				sources in sections 15 and 22, T47N, R13W to its confluence with the east
				branch Fox river.
(i) Camp Seven
				creek from its source in section 30, T47N, R13W to its confluence with the east
				branch Fox river.
(j) Cold creek
				from its sources in sections 3 and 10, T46N, R13W to its confluence with the
				east branch (all channels) Fox river.
(k) Spring creek from its source at Spring
				creek pond in section 7, T46N, R12W to its confluence with Cold
				creek.
(l) Deer creek from its
				sources in sections 17 and 18, T46N, R12W and in section 13, T46N, R13W to its
				confluence with the east branch (all channels) Fox river.
(m) Bev creek from its source in section 21,
				T46N, R12W to its confluence with the east branch Fox river.
(n) 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
				(m) of this rule.
(o) The lands
				lying within 400 feet of the river's edge as described in subdivisions (a) to
				(n) of this rule.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Natural River Zoning (13 Rivers) › Section R. 281.221 - Fox river system principal uses; natural vegetation strip

Current through Vol. 24-12, July 15, 2024
Rule 171.
(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
				other designated tributaries, except as described in
				R 281.57.
(ii) A dwelling shall be set back not less
				than 50 feet from the crest 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 › Utilities and Publicly Provided Facilities in Designated Natural River Areas › Section R. 281.301 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1. As used in these rules:
(a) "Act" means Act No. 231 of the Public
				Acts of 1970, being S281.761 et seq. of the Michigan Compiled Laws.
(b) "Adopted natural river plan" means the
				river management plan adopted by the commission at the time of
				designation.
(c) "Applicant" means
				a person, company, or unit of government applying for project approval pursuant
				to these rules.
(d) "Commission"
				means the natural resources commission.
(e) "Department" means the department of
				natural resources.
(f) "Electric
				transmission line" means those conductors which operate above 30 kv, their
				necessary supporting or containing structures located outside of buildings, and
				the right-of-way used for transmitting a supply of electric energy.
(g) "Natural river" means a river which has
				been designated by the commission for inclusion in the wild, scenic, and
				recreational rivers system.
(h)
				"Natural river area" means the river, its bed, banks, and all lands lying
				within 400 feet of the river's edge of the designated river.
(i) "Natural vegetation strip" means an area
				not more than 100 feet wide on either side of, and parallel to, the river,
				where native vegetation is maintained to enhance the natural character of the
				river.
(j) "Ordinary high-water
				mark" means the line between upland and bottomland which persists through
				successive changes in water levels, below which the presence and action of the
				water is so common or recurrent that the character of the land is marked
				distinctly from the upland and is apparent in the soil itself, the
				configuration of the surface of the soil, and the vegetation. On an inland lake
				which has a level established by law, it means the high established level.
				Where water returns to its natural level as a result of the permanent removal
				or abandonment of a dam, it means the natural ordinary high-water
				mark.
(k) "Person" means any
				individual, partnership, corporation, association, political subdivision of the
				state, the department or other instrumentality or agency of the state,
				political subdivision thereof or other legal entity.
(l) "Pipeline" means any pipeline, including
				flow lines and transmission lines used to transport oil, gas, brine, sewage, or
				water, or conduits for electricity or communications from one facility to
				another, including the right-of-way within which such facilities are
				located.
(m) "Publicly provided
				facility" means a facility provided by a public agency, including a federal,
				state, county, township, municipality, or other agency.
(n) "River's edge" means ordinary high-water
				mark.
(o) "Road" means any
				right-of-way that is provided for public motorized traffic.
(p) "Utility" means any commercial entity
				which provides a public service, such as electric, communications, sewage, oil,
				gas, or water service.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Utilities and Publicly Provided Facilities in Designated Natural River Areas › Section R. 281.302 - Plans; application for approval; approval or denial within 60 days; exception

Current through Vol. 24-12, July 15, 2024
Rule 2. Plans for construction, enlargement, and site or
				  route location of all utility pipelines and transmission lines, roads and road
				  rights-of-way, publicly provided recreation facilities, access sites, and
				  public water management projects within a natural river area shall be approved
				  by the department. An application for the approval of such plans shall be
				  submitted by the applicant, in writing, to the department. Approval or denial
				  by the department shall be made within 60 days of receipt of the complete
				  application, except where a public informational meeting is held pursuant to
				  R
				  281.304(3).
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Utilities and Publicly Provided Facilities in Designated Natural River Areas › Section R. 281.303 - Application for approval; contents

Current through Vol. 24-12, July 15, 2024
Rule 3. An application shall include all of the
				  following:
(a) Plans showing the
				proposed project or right-of-way in relation to the natural river area, the
				adjacent shoreline property and existing land uses within 500 feet of the
				proposed project and existing structures, existing utilities, pipelines, roads,
				and contour information depicting the topography of the site.
(b) Plans showing prudent, feasible
				alternative routes or locations, and the reasons the route or site on the
				application was selected.
(c) The
				names and addresses of riverfront property owners within 500 feet of the
				proposed project as shown on the current tax assessment rolls.
(d) Other information which the department
				determines is necessary to complete an assessment of the proposed
				project.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Utilities and Publicly Provided Facilities in Designated Natural River Areas › Section R. 281.304 - Notice of application; permit application; copies; pre-filing conference; public informational meeting

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1) Within
				10 days of the receipt of a completed application, the department shall give
				notice of the application to all riverfront property owners within 500 feet of
				the proposed use, as shown on the current tax assessment rolls, the respective
				clerks of the county and township in which the proposed use is to be located,
				the local soil erosion and sedimentation control enforcing agency, the local
				soil conservation district, and the local watershed council organized under
				either Act No. 253 of the Public Acts of 1964, being S323.301 et seq. of the
				Michigan Compiled Laws, or Act No. 200 of the Public Acts of 1957, being
				S123.631 et seq. of the Michigan Compiled Laws, if any.
(2) An applicant is encouraged to have a
				pre-filing conference with representatives of the department and other
				appropriate state and local officials prior to formal submission of their
				application.
(3) The department may
				hold a public informational meeting on an application, upon written request of
				the general public or of 1 of those persons listed in subrule (1), within 30
				days of the department's receipt of the complete application, when a proposed
				project appears to be controversial, or where additional information is desired
				prior to action by the department. If the department determines a public
				informational meeting shall be held, it shall be scheduled within 60 days of
				the department's receipt of a complete application. The department shall make a
				determination within 30 days following the meeting. All notification
				requirements of subrule (1) also apply to public informational
				meetings.
(4) The department shall
				coordinate and take into consideration any responses or constructive
				suggestions offered by the general public and those agencies and persons
				identified in subrule (1).
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Utilities and Publicly Provided Facilities in Designated Natural River Areas › Section R. 281.305 - Application; review

Current through Vol. 24-12, July 15, 2024
Rule 5.
(1) The
				following general considerations shall be weighed when reviewing an
				application:
(a) Effect on the environmental
				factors and ecological systems involved, such as effect on adjacent lands,
				waters, aesthetics, wildlife, fisheries, recreational, floodplain, vegetation,
				and historic and archaeological values.
(b) Cumulative effect upon the natural river
				area from similar potential developments.
(c) Alternatives available to the
				applicant.
(d) Secondary effects
				likely to be caused or encouraged by the project, such as off-road vehicle use,
				horseback riding, or additional foot access which may lead to noise, erosion,
				water pollution, or disruption of aesthetic qualities.
(e) Economic factors relating to costs of
				right-of-way acquisition, construction, and maintenance, and the need for
				additional facilities or resource protection measures in the approximate area
				in the future.
(f) All other
				factors relevant to the purposes and provisions of these rules.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Utilities and Publicly Provided Facilities in Designated Natural River Areas › Section R. 281.307 - Hearing; appeals

Current through Vol. 24-12, July 15, 2024
Rule 7.
(1) An
				applicant who is denied approval, or a person who is not satisfied with the
				decisions of the department, is entitled to a hearing pursuant to sections 71
				to 77 of Act No. 306 of the Public Acts of 1969, as amended, being SS24.271 to
				24.277 of the Michigan Compiled Laws, and pursuant to
				R
				299.3071 to
				R
				299.3081 of the Michigan Administrative
				Code.
(2) In making a final
				decision in a contested case, the commission shall consider those factors
				listed in
				R
				281.305(1)(a) to (f).
(3) A requested use shall not be granted if
				the commission determines that the requested use poses substantial hazard to
				human life, property rights, either public or private, or to the public
				trust.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Utilities and Publicly Provided Facilities in Designated Natural River Areas › Section R. 281.308 - Violations

Current through Vol. 24-12, July 15, 2024
Rule 8.
(1) The
				staff of the department shall investigate an alleged violation and, if it is
				found that a violation exists, shall order the applicant, in writing, to
				correct conditions found to be in violation of these rules.
(2) Any construction or a use of land or
				premises in violation of these rules may be 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 › Commercial Fishing › Section R. 299.721 - Permits for use of gill nets with meshes less than 2½inches extension measure

Current through Vol. 24-12, July 15, 2024
Rule 1. Permits may be issued to commercial fishermen
				  licensed under the provisions of Act No. 84 of the Public Acts of 1929, as
				  amended, being S308.1 et seq. of the Michigan Compiled Laws, to use gill nets
				  with meshes less than 2 1/2 inches extension measure for taking chubs, herring,
				  alewife, smelt, and such other species the director may
				  designate.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Commercial Fishing › Section R. 299.722 - Regulation of use of small mesh gill nets

Current through Vol. 24-12, July 15, 2024
Rule 2. The director of conservation, subject to prior
				  approval of the conservation commission, may regulate the use of such nets,
				  including, but not limited to, the size of mesh therein, the areas, depths of
				  water, and time and manner in which they may be used.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Commercial Fishing › Section R. 299.723 - Amendment, supervision, revocation, and expiration of permits

Current through Vol. 24-12, July 15, 2024
Rule 3. Such permit may be amended or suspended so as to
				  restrict or prohibit the use of such gill nets in waters where species of fish,
				  other than those authorized to be taken, are caught or killed, and may revoke
				  the permit of any fisherman who fails to abide by the terms and conditions of
				  the permit. All such permits shall expire on December 31 following date of
				  issue unless sooner revoked.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Commercial Fishing › USE OF NETS IN L'ANSE BAY FOR TAKING SMELT AND ALEWIFE › Section R. 299.731 - Permits for use of nets for taking smelt and alewife in L'Anse bay

Current through Vol. 24-12, July 15, 2024
Rule 1. The director of conservation may, in his
					 discretion, issue permits to commercial fishermen licensed under the provisions
					 of Act No. 84 of the Public Acts of 1929, as amended, to use pound, trap, and
					 gill nets, as provided in subdivisions (d), (g), and (i) of section 5 of Act
					 No. 84 of the Public Acts of 1929, as amended, being S308.5 of the Michigan
					 Compiled Laws, for taking smelt and alewife.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Commercial Fishing › CLOSED SEASONS FOR TAKING WHITEFISH, YELLOW PERCH, AND BLACK CRAPPIE USE OF NETS IN MUNISING BAY FOR TAKING SMELT AND ALEWIFE › Section R. 299.751 - Permits for the use of nets for taking smelt and alewife in Munising Bay of Lake Superior

Current through Vol. 24-12, July 15, 2024
Rule 1. The director of conservation may, in his
					 discretion, issue permits to commercial fishermen licensed under the provisions
					 of Act No. 84 of the Public Acts of 1929, as amended, to use in Munising bay of
					 Lake Superior pound, trap and gill nets, as provided in subdivisions (d), (g),
					 and (i) of section 5 of Act No. 84 of the Public Acts of 1929, as amended, for
					 taking smelt and alewife.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Commercial Fishing › LEGAL SIZE OF CATFISH › Section R. 299.761 - Minimum legal size of catfish

Current through Vol. 24-12, July 15, 2024
Rule 1. It shall be unlawful to market, have in possession,
					 transport, or offer for sale at any time, whether caught within or without this
					 state, any catfish of a length less than 15 inches, except that catfish of a
					 length not less than 14 inches may be taken from Lake Erie, but such fish shall
					 not be sold or offered for sale except at a dock or docks along said
					 lake.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Commercial Fishing › LAKE TROUT IN LAKE SUPERIOR › Section R. 299.771 - Closed commercial fishing season on lake trout in Lake Superior

Current through Vol. 24-12, July 15, 2024
Rule 1. On and after June 1, 1962, lake trout shall not be
					 taken from Lake Superior at any time, except as provided by Act No. 165 of the
					 Public Acts of 1929, as amended, and by the director of conservation for
					 scientific or cultural purposes as provided in section 10 of Act No. 84 of the
					 Public Acts of 1929, as amended.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Commercial Fishing › REMOVAL OF CLOSED COMMERCIAL FISHING SEASON AND MINIMUM LEGAL SIZE ON SUCKERS › Section R. 299.781 - Suckers; open season

Current through Vol. 24-12, July 15, 2024
Rule 1. No closed season: Suckers may be taken at any time
					 from waters that are open to commercial fishing.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Commercial Fishing › LAKE TROUT IN LAKE MICHIGAN › Section R. 299.791 - Closed commercial fishing season on lake trout in Lake Michigan

Current through Vol. 24-12, July 15, 2024
Rule 1. On or after October 1, 1965, lake trout shall not
					 be taken from Lake Michigan at any time except as provided by Act No. 165 of
					 the Public Acts of 1929, as amended, and by the director of conservation for
					 scientific or cultural purposes as provided in section 10 of Act No. 84 of the
					 Public Acts of 1929, as amended, being S308.10 of the Michigan Compiled
					 Laws.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Commercial Fishing › LAKE TROUT IN LAKE MICHIGAN › Section R. 299.801 - Closed season on whitefish in Lakes Huron, Michigan, and Superior

Current through Vol. 24-12, July 15, 2024
Rule 1. It shall be unlawful to take any whitefish from the
					 waters of Lakes Huron, Michigan, and Superior from November 1 to November 30,
					 inclusive.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Commercial Fishing › YELLOW PERCH AND PIKE-PERCH › Section R. 299.813 - Pike-perch in Lake Erie; suspension of minimum size law

Current through Vol. 24-12, July 15, 2024
Rule 3. The provisions of subsection (h) of section 14 of
					 Act No. 84 of the Public Acts of 1929, as amended, being S308.14 of the
					 Michigan Compiled Laws, having special reference to pike-perch (yellow
					 pickerel) taken from Lake Erie, are suspended.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Commercial Fishing › YELLOW PERCH AND PIKE-PERCH › Section R. 299.815 - Yellow perch; suspension of size or weight minimums; exception

Current through Vol. 24-12, July 15, 2024
Rule 5. To remove the size and weight limits and closed
					 seasons on yellow perch taken in the Michigan waters of the Great Lakes not
					 otherwise closed to commercial fishing, the provisions of section 14(d) and
					 section 6(1)(d) of Act No. 84 of the Public Acts of 1929, as amended, being
					 SS308.14 and 308.6 of the Michigan Compiled Laws, remain suspended and are
					 superseded by the following rules:
(a)
				  On or after the effective date of these rules, the size or weight minimums for
				  yellow perch remain suspended except for that area of Lake Huron described in
				  R 299.1074(1)(f)
				  and
				  R 299.1074(1)(g).
				  Size limits on perch for areas described in
				  R 299.1074(1)(f)
				  and
				  R 299.1074(1)(g)
				  are defined in
				  R
				  299.1075(4).
(b) On or after June 1, 1966, the provisions
				  of section 6(1)(d) of Act No. 84 of the Public Acts of 1929, with respect to
				  yellow perch taken from the waters of the Great Lakes, are suspended.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Commercial Fishing › YELLOW PERCH AND PIKE-PERCH › Section R. 299.816 - Yellow perch; rescissions

Current through Vol. 24-12, July 15, 2024
Rule 6. Conservation commission orders effective September
					 11, 1960, and October 1, 1965, as these apply to yellow perch, being R 299.742,
					 R 299.811, and R 299.812 of the Michigan Administrative Code, and appearing on
					 page 1444 of the 1960 Annual Supplement to the Code and on page 31 of
					 Supplement No. 44 to the Code are rescinded.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Commercial Fishing › YELLOW PERCH AND PIKE-PERCH › Section R. 299.817 - Area closed to commercial fishing; Saginaw bay and Lake Huron

Current through Vol. 24-12, July 15, 2024
Rule 7. To establish an area seasonally closed to
					 commercial fishing operations, the provisions of section 6 of Act No. 84 of the
					 Public Acts of 1929, as amended, being S308.6 of the Michigan Compiled Laws,
					 are extended to include the following regulation:
(a) It shall be unlawful from June 10 to
				  September 10, inclusive, to place or use any gill or entrapment net or to
				  engage in commercial fishing operations in water of a depth less than 18 feet
				  along that portion of the Saginaw bay-Lake Huron shore lying between
				  Harrisville on the north and AuGres Point on the south, more particularly
				  described--the south line of section 12, T2 6N, R9E, extended east into the
				  waters of Lake Huron near Harrisville shall constitute the northern boundary,
				  and a line extended east from the most southerly part of section 6, T18N, R7E,
				  shall constitute the southern boundary.
(b) This regulation shall in no way change
				  existing special provisions regulating commercial fishing in bays and
				  harbors.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Commercial Fishing › SUSPENSION, SUPERSEDURE, AND EXTENSION OF STATUTORY PROVISIONS › Section R. 299.821 - Suspension of statutory provisions

Current through Vol. 24-12, July 15, 2024
Rule 1. The following provisions of Act No. 84 of the
					 Public Acts of 1929, as amended, being SS308.1 to 308.51 of the Michigan
					 Compiled Laws, are suspended:
(a) The
				  provisions of subsections (h) and (i) of section 5that no part of the lifting
				  pot or crib of trap nets may exceed 1 5feet in depth.
(b) The provisions of subsection (l) of
				  section 5 pertaining to the depth of gill nets, effective July 1,
				  1967.
(c) The provision of
				  subsection (c) of section 25that a boat to which a license has been transferred
				  may be fished only within a radius of 50miles of the port designated in the
				  original license.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Commercial Fishing › SUSPENSION, SUPERSEDURE, AND EXTENSION OF STATUTORY PROVISIONS › Section R. 299.822 - Removal or relocation of large mesh gill nets

Current through Vol. 24-12, July 15, 2024
Rule 2. The provisions of subsection (a) of section 5 of
					 Act No. 84 of the Public Acts of 1929, as amended, are extended as follows: The
					 director of the department of conservation may remove or cause to be removed or
					 relocated any gill nets with meshes 4 1/2 inches or larger used for the taking
					 of whitefish, lake trout and yellow pickerel, when from inspection he
					 determines that these nets are interfering with or taking more than 15% by
					 weight of undersized whitefish, lake trout or yellow pickerel, or 15% by weight
					 of any fish on which the season is closed or unlawful to take with commercial
					 fishing devices.
Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Commercial Fishing › SUSPENSION, SUPERSEDURE, AND EXTENSION OF STATUTORY PROVISIONS › Section R. 299.823 - Shoaling twine for large mesh trap nets

Current through Vol. 24-12, July 15, 2024
Rule 3. The provisions of subsection (h) of section 5 of
					 Act No. 84 of the Public Acts of 1929, as amended, designating shoaling twine,
					 are suspended and superseded by the following regulation: In trap nets with
					 meshes not less than 4 1/2 inches in the lifting pot, used for taking whitefish
					 and lake trout, meshes not more than 3 1/2 inches may be used (a) in that part
					 of the tunnel inside the pot, (b) in the entire front of the pot, (c) in that
					 portion of the bottom of the pot connected thereto for a distance up to 10
					 feet, but not to exceed 1/4 of the length of the pot, and (d) in the connecting
					 sides for the full depth of the pot and of a width up to 10 feet, but not to
					 exceed 1/4 of the length of the pot, for the purpose of shoaling
					 fish.