HOUSE BILL No. 5510


     January 28, 1998, Introduced by Reps. Anthony, Prusi, Mans, Hale and Gire and referred to the Committee on Conservation, Environment and Recreation.


        A bill to amend 1994 PA 451, entitled

   "Natural resources and environmental protection act,"

   by amending sections 30102, 30103, and 30106 (MCL 324.30102,

   324.30103, and 324.30106), as added by 1995 PA 59.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 30102.  Except as provided in this part, a person with-

 2    out a permit from the department shall not do any of the

 3    following:

 4         (a) Dredge or fill bottomland.

 5         (b) Construct, enlarge, extend, remove, or place a structure

 6    on bottomland.

 7         (c) Erect, maintain, or operate a marina.

 8         (d) Create, enlarge,  or  diminish, OR WITHDRAW WATER FROM

 9    an inland lake or stream.




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 1         (e) Structurally interfere with the natural flow of an

 2    inland lake or stream.

 3         (f) Construct, dredge, commence, extend, or enlarge an arti-

 4    ficial canal, channel, ditch, lagoon, pond, lake, or similar

 5    waterway where the purpose is ultimate connection with an exist-

 6    ing inland lake or stream, or where any part of the artificial

 7    waterway is located within 500 feet of the ordinary high-water

 8    mark of an existing inland lake or stream.

 9         (g) Connect any natural or artificially constructed water-

10    way, canal, channel, ditch, lagoon, pond, lake, or similar water

11    with an existing inland lake or stream for navigation or any

12    other purpose.

13         Sec. 30103.  A permit is not required for any of the

14    following:

15         (a) Any fill or structure existing before April 1, 1966, in

16    waters covered by former  Act No. 291 of the Public Acts of 1965 

17    1965 PA 291, and any fill or structures existing before January

18    9, 1973, in waters covered for the first time by former  Act

19     No. 346 of the Public Acts of 1972  1972 PA 346.

20         (b) A seasonal structure placed on bottomland to facilitate

21    private noncommercial recreational use of the water if it does

22    not unreasonably interfere with the use of the water by others

23    entitled to use the water or interfere with water flow.

24         (c) Reasonable sanding of beaches to the existing water's

25    edge by a riparian owner.

26         (d) Construction or maintenance of a private agricultural

27    drain regardless of outlet.



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 1         (e) A waste collection or treatment facility that is

 2    approved for construction by the department of public health or

 3    ordered or approved by the department.

 4         (f) Construction and maintenance of minor drainage struc-

 5    tures and facilities which are identified by rule promulgated by

 6    the department pursuant to section 30110(1).  Before such a rule

 7    is promulgated, the rule shall be approved by the majority of a

 8    committee consisting of the director, the director of the depart-

 9    ment of agriculture, and the director of the state transportation

10    department or their designated representatives.  The initial

11    rules shall be issued before July 8, 1973, and shall be reviewed

12    at least annually after that date.

13         (g) Maintenance and improvement of all drains legally estab-

14    lished or constructed prior to January 1, 1973, pursuant to the

15    drain code of 1956,  Act No. 40 of the Public Acts of 1956, being

16     sections 280.1 to 280.630 of the Michigan Compiled Laws  1956

17    PA 40, MCL 280.1 TO 280.630, except those legally established

18    drains constituting mainstream portions of certain natural water-

19    courses identified in rules promulgated by the department under

20    section 30110.

21         (h) Projects constructed under the watershed protection and

22    flood prevention act, chapter 656, 68 Stat. 666, 16 U.S.C. 1001

23    to 1008 and 1010.

24         (i) Construction and maintenance of privately owned cooling

25    or storage ponds used in connection with a public utility except

26    at the interface with public waters.





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 1         (j) Maintenance of a structure constructed under a permit

 2    issued pursuant to this part and identified by rule promulgated

 3    under section 30110(1), if the maintenance is in place and in

 4    kind with no design or materials modification.

 5         (K) WITHDRAWALS FOR REASONABLE DOMESTIC USE.

 6         (l) WITHDRAWALS FOR NONCOMMERCIAL IRRIGATION.

 7         (M) WITHDRAWALS FOR AGRICULTURAL IRRIGATION UP TO 10% OF THE

 8    INSTANTANEOUS STREAMFLOW OR 1 CUBIC FOOT PER SECOND, WHICHEVER IS

 9    LESS.

10         (N) WITHDRAWALS FOR NONCONTACT COOLING WATER SUBJECT TO AN

11    NPDES PERMIT FROM THE DEPARTMENT.

12         (O) WITHDRAWALS OF A TYPE AND VOLUME IDENTIFIED BY RULE

13    PROMULGATED BY THE DEPARTMENT PURSUANT TO SECTION 30110.  BEFORE

14    SUCH A RULE IS PROMULGATED, THE RULE SHALL BE APPROVED BY THE

15    MAJORITY OF A COMMITTEE CONSISTING OF THE DIRECTOR, THE DIRECTOR

16    OF THE DEPARTMENT OF AGRICULTURE, AND THE DIRECTOR OF THE DEPART-

17    MENT OF NATURAL RESOURCES, OR THEIR DESIGNATED REPRESENTATIVES.

18    THE INITIAL RULE SHALL BE SUBMITTED TO THIS COMMITTEE BEFORE 1

19    YEAR AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED

20    THIS SUBDIVISION AND SHALL BE REVIEWED ANNUALLY AFTER THAT DATE.

21         Sec. 30106.  (1) The department shall issue a permit if it

22    finds that the structure or project will not adversely affect the

23    public trust or riparian rights.  In passing upon an application,

24    the department shall consider the possible effects of the pro-

25    posed action upon the inland lake or stream and upon waters from

26    which or into which its waters flow and the uses of all such

27    waters, including uses for recreation, fish and wildlife,



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 1    aesthetics, local government, agriculture, commerce, and

 2    industry.  The department shall not grant a permit if the pro-

 3    posed project or structure will unlawfully impair or destroy any

 4    of the waters or other natural resources of the state.  This part

 5    does not modify the rights and responsibilities of any riparian

 6    owner to the use of his or her riparian water.  A permit shall

 7    specify that a project completed in accordance with this part

 8    shall not cause unlawful pollution as defined by part 31.

 9         (2) THE DEPARTMENT SHALL PROVIDE A COPY OF ANY APPLICATION

10    FOR A PERMIT FOR A WATER WITHDRAWAL TO THE DEPARTMENT OF NATURAL

11    RESOURCES IMMEDIATELY UPON RECEIPT.  IN ADDITION TO OTHER CRI-

12    TERIA TO BE CONSIDERED IN REVIEWING APPLICATIONS PURSUANT TO THIS

13    PART, THE DEPARTMENT OF NATURAL RESOURCES SHALL CONSIDER WHETHER

14    THE PROPOSED WITHDRAWAL UNACCEPTABLY DEGRADES AQUATIC RESOURCES,

15    INCLUDING FISHERIES RESOURCES AND FISHERIES HABITAT.  IF THE

16    DEPARTMENT OR THE DEPARTMENT OF NATURAL RESOURCES DETERMINES THAT

17    THE PROPOSED WATER WITHDRAWAL WILL UNACCEPTABLY DEGRADE AQUATIC

18    RESOURCES, THE PERMIT APPLICATION SHALL BE DENIED.





















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