SEAWALL OR DOCK - S.B. 1058 (S-4): FLOOR ANALYSIS

Senate Bill 1058 (Substitute S-4 as reported)

Sponsor: Senator Dave Jaye

Committee: Hunting, Fishing and Forestry

CONTENT

The bill would amend Part 301 (Inland Lakes and Streams) and Part 325 (Great Lakes Submerged Lands) of the Natural Resources and Environmental Protection Act to allow the maintenance or repair of a serviceable seawall or dock without a permit if the maintenance or repair would result in the same type of structure and dimensions as the original, and the original structure were permitted under the Act. (The term "serviceable seawall or dock" would mean a structure that were usable and functional for the intended purpose. The structure could require some maintenance but could not be so degraded as to require repairs costing 20% or more of the fair market value of a new structure of similar design.)

Under Part 301, a person must have a permit to engage in certain construction activities, such as building a marina, placing a structure on bottomland, or structurally interfering with the natural flow of a lake or stream. Existing exceptions include a seasonal structure placed on bottomland for private recreational use of the water; reasonable sanding of beaches; a private agricultural drain; minor drainage structures and facilities; projects constructed under the Watershed Protection and Flood Prevention Act; and privately owned cooling or storage ponds.

Under Part 325, a person must have a permit to construct, dredge, commence, or do any work with respect to an artificial canal, channel, ditch, lagoon, pond, lake, or similar waterway for connection with any of the Great Lakes, including Lake St. Clair; dredge or place spoil or other material on bottomland; or construct a marina.

MCL 324.30103 & 324.32512 - Legislative Analyst: N. Nagata

FISCAL IMPACT

The bill would have a minimal indeterminate fiscal impact due to loss of permit revenue for certain seawalls and docks, and a decrease in administrative costs to process permits.

Date Completed: 11-30-98 - Fiscal Analyst: G. Cutlerfloor\sb1058 (S-4) - Analysis available @ http://www.michiganlegislature.org

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.