Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Great Lakes Submerged Lands › Section R. 322.1001 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) As used
				in these rules:
(a) "Accretion" means land
				created as a result of natural depositions or placement of a lawful, permanent
				structure.
(b) "Act" means Act No.
				247 of the Public Acts of 1955, as amended, being §322.701 et seq. of the
				Michigan Compiled Laws, and known as the Great Lakes submerged lands
				act.
(c) "Agreement" means a
				binding contract between the state and another person concerning the private
				use of patented or unpatented bottomlands, except use for "marina purposes" as
				defined in the act.
(d) "Applicant"
				means a person applying for a deed, lease, agreement, or permit to use or alter
				unpatented lands or an agreement or permit for use of water areas over patented
				lands.
(e) "Bottomland" means lands
				in the Great Lakes, and bays and harbors thereof, lying below and lakeward of
				the ordinary high water mark.
(f)
				"Conveyance" means a deed, lease, agreement, or certificate as referred to in
				the act.
(g) "Department" means the
				department of natural resources.
(h) "Dredging" means removal of any mineral,
				organic, or other material from or within the bottomland or waters of the Great
				Lakes by any means.
(i) "Filling"
				means placement of any mineral, organic, or other material on the bottomlands
				or into the waters of the Great Lakes.
(j) "Ordinary high water mark" means the
				elevations set by the act. When the soil, configuration of the surface, or
				vegetation has been altered by man's activity, the ordinary high water mark
				shall be located where it would have been if this alteration had not
				occurred.
(k) "Other materials"
				means any man-made structure or installed device or facility extending over or
				placed on bottomlands below the ordinary high water mark or extending over or
				placed into the waters of the Great Lakes, including all of the following:
(i) Bulkheads.
(ii) Groins.
(iii) Riprap.
(iv) Jettys.
(v) Breakwaters.
(vi) Piers and pipelines.
(vii) Pilings.
(viii) Sand trap walls.
The term also means a man-made structure or installed device
				  or facility attached to or administered by a marina. The term does not include
				  temporary docks, boat hoists, or other devices for private use which are
				  removed annually.
(l) "Person" means any individual,
				partnership, corporation, association, political subdivision, the state, the
				department, an instrumentality or agency of the state, a political subdivision
				of an instrumentality or agency of the state, a department or other
				instrumentality or agency of the federal government, or other legal
				entity.
(m) "Public trust" means
				the perpetual duty of the state to secure to its people the prevention of
				pollution, impairment or destruction of its natural resources, and rights of
				navigation, fishing, hunting, and use of its lands and waters for other public
				purposes.
(n) "Riparian owner"
				means one who owns upland bordering the bottomland or water area.
(o) "Riparian rights" means all those rights
				accruing to ownership of riparian property, including the following, subject to
				the public trust:
(i) Access to the navigable
				waters.
(ii) Dockage to boatable
				waters; wharfage.
(iii) Use of
				water for general purposes, such as bathing and domestic use.
(iv) Title to natural accretions as
				determined by the department.
(p) "Submerged patented lands" means any
				bottomlands lying within a specific government grant area, including a private
				claim patent, federal patent, or state swampland patent.
(q) "Unpatented lands" means all bottomlands
				except submerged patented lands.