SENATE BILL No. 1327

May 15, 2002, Introduced by Senators MC MANUS, GAST and BENNETT and referred to the

Committee on Natural Resources and Environmental Affairs.

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 32501, 32512, and 80159 (MCL 324.32501,

324.32512, and 324.80159), sections 32501 and 32512 as added by

1995 PA 59 and section 80159 as added by 1995 PA 58.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 32501. As used in this part: , "marina

2 (A) "DEPARTMENT" MEANS THE DEPARTMENT OF ENVIRONMENTAL

3 QUALITY.

4 (B) "MARINA purposes" means an operation making use of sub-

5 merged bottomlands or filled-in bottomlands of the Great Lakes

6 for the purpose of service to boat owners or operators, which

7 operation may restrict or prevent the free public use of the

8 affected bottomlands or filled-in lands.

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1 Sec. 32512. (1) Unless a permit has been granted by the

2 department or authorization has been granted by the legislature,

3 or except as to boat wells and slips facilitating private, non-

4 commercial, recreational boat use, not exceeding 50 feet in

5 length where the spoil is not disposed of below the ordinary

6 high-water mark of the body of water to which it is connected, a

7 person shall not do any of the following:

8 (a) Construct, dredge, commence, or do any work with respect

9 to an artificial canal, channel, ditch, lagoon, pond, lake, or

10 similar waterway where the purpose is ultimate connection of the

11 waterway with any of the Great Lakes, including Lake St. Clair.

12 (b) Connect any natural or artificially constructed water-

13 way, canal, channel, ditch, lagoon, pond, lake, or similar water-

14 way with any of the Great Lakes, including Lake St. Clair, for

15 navigation or any other purpose.

16 (c) Dredge or place spoil or other material on bottomland.

17 (d) Construct a marina.

18 (E) SUBJECT TO SUBSECTIONS (2) AND (3), PLACE A MOORING BUOY

19 ANCHOR ON BOTTOMLAND, OR USE A MOORING BUOY ANCHOR THAT HAS BEEN

20 PLACED ON BOTTOMLAND, WITHOUT A PERMIT. ONLY A RIPARIAN PARCEL

21 OWNER SEEKING A PERMIT TO PLACE OR USE A MOORING BUOY ANCHOR

22 DIRECTLY LAKEWARD OF HIS OR HER PARCEL IS ELIGIBLE FOR A PERMIT

23 UNDER THIS SUBDIVISION. A PERMIT FOR A MOORING BUOY ANCHOR SHALL

24 CONTAIN ALL OF THE FOLLOWING CONDITIONS:

25 (i) EACH MOORING BUOY ATTACHED TO THE MOORING BUOY ANCHOR

26 SHALL HAVE THE NAME AND ADDRESS OF THE RIPARIAN PARCEL OWNER ON

27 THE BUOY IN PERMANENT 1-INCH-HIGH LETTERS.

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1 (ii) THE SWING OF THE VESSEL ON A MOORING BUOY ATTACHED TO

2 THE MOORING BUOY ANCHOR SHALL BE ENTIRELY WITHIN THE AREA

3 DIRECTLY LAKEWARD OF THE RIPARIAN PARCEL.

4 (iii) THE LOCATION OF A MOORING BUOY ATTACHED TO THE MOORING

5 BUOY ANCHOR AND ANY VESSEL ATTACHED TO THE MOORING BUOY SHALL NOT

6 CONSTITUTE A HAZARD TO NAVIGATION.

7 (iv) A MOORING BUOY ATTACHED TO THE MOORING BUOY ANCHOR

8 SHALL COMPLY WITH THE UNIFORM WATERWAY MARKING SYSTEM AS PROVIDED

9 IN R 281.1101 TO 281.1114 OF THE MICHIGAN ADMINISTRATIVE CODE.

10 (2) A MOORING BUOY ANCHOR IN PLACE BEFORE THE EFFECTIVE DATE

11 OF THE AMENDATORY ACT THAT ADDED THIS SUBSECTION SHALL COMPLY

12 WITH SUBSECTION (1)(E) BY JANUARY 1, 2004.

13 (3) THE PLACEMENT AND USE BY A RIPARIAN OWNER OF 1 MOORING

14 BUOY ANCHOR FOR EACH RIPARIAN PARCEL OWNERSHIP IS EXEMPT FROM THE

15 PERMIT REQUIREMENT OF SUBSECTION (1)(E) IF THE MOORING BUOY

16 ANCHOR AND ANY MOORING BUOY ATTACHED TO THE MOORING BUOY ANCHOR

17 IS FOR NONCOMMERCIAL RECREATIONAL USE AND COMPLIES WITH

18 SUBSECTION (1)(E)(i) THROUGH (iv).

19 Sec. 80159. (1) EXCEPT AS PROVIDED IN SUBSECTIONS (4) AND

20 (5), BUOYS OR BEACONS SHALL NOT BE PLACED IN THE WATERS OF THIS

21 STATE UNLESS AUTHORIZED BY THE DEPARTMENT IN WRITING.

22 (2) The department may authorize, through the issuance of

23 revocable permits, the placing of buoys or beacons in the waters

24 of this state to mark obstruction OBSTRUCTIONS to navigation,

25 to designate bathing areas, to designate vessel anchorages, or

26 for any other purpose if it will promote safety or navigation.

27 Any A person who desires to place buoys or beacons in the

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1 waters of this state, without expense to the state, shall make

2 application to the department in a form and containing informa-

3 tion required by the department. Buoys or beacons, except for

4 mooring buoys, shall not be placed in the waters of this state

5 unless authorized by the department in writing. If authorization

6 has been granted, the buoys or beacons shall be placed only in

7 accordance with the terms of the permit and shall be considered

8 lawfully placed.

9 (3) If buoys or beacons are placed in the waters of this

10 state without a permit having been issued, the department may

11 order their removal. If, in the judgment of the department,

12 buoys or beacons authorized by the department are found to be

13 improperly placed, the reason for their placement no longer

14 exists, or the buoys or beacons do not conform to the uniform

15 system of marking established by state regulation RULE, the

16 department may revoke the permit authorizing their placement and

17 may order their removal. Revocation of permits and orders of

18 removal shall be by written notice to the person placing the

19 buoys or beacons or to the person to whom the permit was issued

20 at his or her last known address, directing the removal within a

21 specified time. The person to whom the notice is directed shall

22 remove the buoys or beacons in accordance with the instructions.

23 If the person fails to remove the buoys or beacons within the

24 specified time, the department may cause their removal, and the

25 cost and expense of the removal shall be charged against the

26 person authorized to place the buoys or beacons or, where

27 authorization has not been granted, the person placing such buoys

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1 or beacons and shall be recoverable through any court of

2 competent jurisdiction.

3 (4) THIS SECTION DOES NOT APPLY TO MOORING BUOYS.

4 (5) THE PLACEMENT OF MOORING BUOYS AND MOORING BUOY ANCHORS

5 IN THE GREAT LAKES IS SUBJECT TO PART 325.

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