Michigan Administrative Code › Department - Natural Resources › Fisheries Division › Natural River Zoning (13 Rivers) › Section R. 281.107 - Land use and development standards

Current through Vol. 24-12, July 15, 2024
Rule 7.
(1) 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 that do not involve permanent
				structures and that are landward of the native vegetation buffer.
(iii) Agricultural activities, such as
				plowing, disking and planting of crops, including general and specialized
				farming such as Christmas tree farms, provided that all new activities occur
				landward of the native vegetation buffer and provided such uses will not
				significantly contribute to stream degradation. Construction of any residential
				and farm-related structures and appurtenances are classified as principal uses
				(see subrule (2) of this rule) and are subject to zoning permit requirements.
				New aquaculture facilities and concentrated animal feeding operations, and
				expansion of existing aquaculture facilities and concentrated animal feeding
				operations, are not permitted within the Natural River District without a land
				use variance. Resumption of prior agricultural uses that were located within
				the native vegetation buffer but have been discontinued, for example, crop
				fields that are rotated, may resume if 1 of the following criteria is met:
(A) The cessation of use was within 10 years
				of resumption of use.
(B) The
				cessation of use was due to implementation of a management plan written prior
				to adoption of these rules.
(C) The
				cessation of use was the result of written agreements with a governmental
				agency or agencies entered into prior to adoption of these rules.
(D) The cessation of use was the result of
				written agreements with a governmental agency or agencies entered into after
				adoption of these rules or ordinances implementing this plan, where the term of
				cessation of use specified in the agreement is for 10 years or less.
(E) The cessation of use was required or
				imposed by a governmental agency or agencies.
(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, and
				the operation of motorized or non-motorized wheelchairs by persons with
				disabilities on footpaths, boardwalks, or other designated trails. Other
				motorized vehicles may not be operated off the road in the native vegetation
				buffer as specified in
				R 281.104.
(vi) Cutting of low growing vegetation in the
				native vegetation buffer to create a private footpath of not more that 4 feet
				in width leading to a single point on the river's edge. A boardwalk or other
				above grade walkway is considered a structure and requires a zoning
				permit.
(vii) Signs, subject to the
				provisions of
				R 281.104.
(viii) A replacement residential water supply
				well, provided the replacement well is not closer to the river's edge than the
				well it is replacing and is landward of the native vegetation buffer, and the
				replaced well is properly abandoned.
(ix) Routine maintenance and repairs of
				principal uses within the existing foundation and structure, subject to
				R
				281.110.
(x) Satellite dishes that are less than 24
				inches in diameter and that are not located in the native vegetation
				buffer.