SB-1481, As Passed House, December 13, 2006

SUBSTITUTE FOR

SENATE BILL NO. 1481

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 30104, 30105, and 30107 (MCL 324.30104,

324.30105, and 324.30107), sections 30104 and 30105 as amended by

2006 PA 275 and section 30107 as added by 1995 PA 59.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 30104. (1) A person shall not undertake a project subject

to this part except as authorized by a permit issued by the

department pursuant to part 13. An application for a permit shall

include any information that may be required by the department. If

a project includes activities at multiple locations, 1 application

may be filed for the combined activities.

     (2) Except as provided in subsections (3) and (4), until

October 1, 2008, an application for a permit shall be accompanied

by a fee based on an administrative cost in accordance with the

following schedule:

     (a) For a minor project listed in R 281.816 of the Michigan

administrative code, or a seasonal drawdown or the associated

reflooding, or both, of a dam or impoundment for the purpose of

weed control, a fee of $50.00. However, for a permit for a seasonal

drawdown or associated reflooding, or both, of a dam or impoundment

for the purpose of weed control that is issued for the first time

after October 9, 1995, an initial fee of $500.00 with subsequent

permits for the same purpose being assessed a $50.00 fee.

     (b) For authorization under a general permit,  for the removal

of a qualifying small dam under section 30105(8), a $50.00 fee.

     (c) For construction or expansion of a marina, a fee of:

     (i) $50.00 for an expansion of 1-10 slips to an existing

permitted marina.

     (ii) $100.00 for a new marina with 1-10 proposed marina slips.

     (iii) $250.00 for an expansion of 11-50 slips to an existing

permitted marina, plus $10.00 for each slip over 50.

     (iv) $500.00 for a new marina with 11-50 proposed marina slips,

plus $10.00 for each slip over 50.

     (v) $1,500.00 if an existing permitted marina proposes

maintenance dredging of 10,000 cubic yards or more or the addition

of seawalls, bulkheads, or revetments of 500 feet or more.

     (d) For renewal of a marina operating permit, a fee of $50.00.

     (e) For major projects other than a project described in

subdivision (c)(v), involving any of the following, a fee of

$2,000.00:

     (i) Dredging of 10,000 cubic yards or more.

     (ii) Filling of 10,000 cubic yards or more.

     (iii) Seawalls, bulkheads, or revetments of 500 feet or more.

     (iv) Filling or draining of 1 acre or more of wetland

contiguous to a lake or stream.

     (v) New dredging or upland boat basin excavation in areas of

suspected contamination.

     (vi) Shore projections, such as groins and underwater

stabilizers, that extend 150 feet or more into a lake or stream.

     (vii) New commercial docks or wharves of 300 feet or more in

length.

     (viii) Stream enclosures 100 feet or more in length.

     (ix) Stream relocations 500 feet or more in length.

     (x) New golf courses.

     (xi) Subdivisions.

     (xii) Condominiums.

     (f) For all other projects not listed in subdivisions (a)

through (e), a fee of $500.00.

     (3) A project that requires review and approval under this

part and 1 or more of the following acts or parts of acts is

subject to only the single highest permit fee required under this

part or the following acts or parts of acts:

     (a) Part 303.

     (b) Part 323.

     (c) Part 325.

     (d) Section 3104.

     (e) Section 117 of the land division act, 1967 PA 288, MCL

560.117.

     (4) If work has been done in violation of a permit requirement

under this part and restoration is not ordered by the department,

the department may accept an application for a permit if the

application is accompanied by a fee equal to 2 times the permit fee

required under this section.

     Sec. 30105. (1) The department shall post on its website all

of the following under this part:

     (a) A list of pending applications.

     (b) Public notices.

     (c) Public hearing schedules.

     (2) The department may hold a public hearing on pending

applications.

     (3) Except as otherwise provided in this section, upon

receiving an application, the department shall submit copies for

review to the director of the department of community health or the

local health department designated by the director of the

department of community health, to the city, village, or township

and the county where the project is to be located, to the local

conservation district, to the watershed council  organized

established under part 311, if any, to the local port commission,

if any, and to the persons required to be included in the

application pursuant to section 30104(1). Each copy of the

application shall be accompanied by a statement that unless a

written request is filed with the department within 20 days after

the submission for review, the department may grant the application

without a public hearing where the project is located. The

department may hold a public hearing upon the written request of

the applicant or a riparian owner or a person or governmental unit

that is entitled to receive a copy of the application pursuant to

this subsection.

     (4) After completion of a project for which an application is

approved, the department may cause a final inspection to be made

and certify to the applicant that the applicant has complied with

the department's permit requirements.

     (5) At least 10 days' notice of a hearing to be held under

this section shall be given by publication in a newspaper

circulated in the county where the project is to be located, to the

person requesting the hearing, and to the persons and governmental

units that are entitled to receive a copy of the application

pursuant to subsection (3).

     (6) In an emergency, the department may issue a conditional

permit before the expiration of the 20-day period referred to in

subsection (3).

     (7) The department, by rule,  promulgated under section

30110(1), may establish minor project categories of activities and

projects that are similar in nature and have minimal adverse

environmental impact. The department may act upon an application

received pursuant to section 30104 for an activity or project

within a minor project category without providing notices or

holding a public hearing pursuant to subsection (3). A final

inspection or certification of a project completed under a permit

granted pursuant to this subsection is not required, but all other

provisions of this part are applicable to a minor project.

     (8) The department, after notice and an opportunity for a

public hearing, may issue  a general  permit  permits on a

statewide basis or within a local unit of government for projects

that are similar in nature,  for the  that will cause only minimal

adverse environmental impacts when performed separately, and that

will only have minimal cumulative adverse impact on the

environment. A general permit issued under this subsection shall

not be valid for more than 5 years. Among the activities the

department may consider for general permit eligibility under this

subsection are the following:

     (a) The removal of qualifying small dams.  that will cause

only minimal adverse environmental effects when performed

separately and that will only have minimal cumulative adverse

effect on the environment. A general permit issued under this

subsection shall not be valid for more than 5 years. The department

may impose conditions on the removal of a small dam authorized

under a general permit if the conditions are designed to remove an

impairment to the lake or stream, to mitigate the impact of the

project, or to otherwise restore or rehabilitate the lake or

stream. The department may also establish a reasonable time when

the proposed project is to be completed or terminated.

     (b) The maintenance or repair of an existing pipeline, if the

pipeline is maintained or repaired in a manner to assure that any

adverse impact on the lake or stream will be minimized.

     (9) The department may issue, deny, or impose conditions on

project activities authorized under a minor project category or a

general permit if the conditions are designed to remove an

impairment to the lake or stream, to mitigate the impact of the

project, or to otherwise improve water quality. The department may

also establish a reasonable time when the proposed project is to be

completed or terminated.

     (10) If the department determines that activity in a proposed

project, although within a minor project category or a general

permit, is likely to cause more than minimal adverse environmental

impacts, the department may require that the application be

processed according to subsection (3) and reviewed for compliance

with section 30106.

(11) As used in this  subsection  section, "qualifying small

dam" means a dam that meets all of the following conditions:

     (a) The height of the dam is less than 2 feet.

     (b) The impoundment from the dam covers less than 2 acres.

     (c) The dam does not serve as the first dam upstream from the

Great Lakes or their connecting waterways.

     (d) The dam is not serving as a sea lamprey barrier.

     (e) There are no threatened or endangered species that have

been identified in the area that will be impacted by the project.

     (f) There are no known areas of contaminated sediments in the

area that will be impacted by the project.

     (g) The department has received written permission for the

removal of the dam from all riparian property owners adjacent to

the dam's impoundment.

     Sec. 30107. (1) A permit is effective until revoked for cause

but not beyond its term and may be subject to renewal. A permit may

specify the term and conditions under which the work is to be

carried out. A permit may be revoked after a hearing for violation

of any of its provisions, any provision of this part, any rule

promulgated under this part, or any misrepresentation in

application.

     (2) A general permit may be modified or revoked if, after

opportunity for a public hearing, the department determines that

the activities authorized by the general permit have more than a

minimal adverse impact on the environment on an individual or

cumulative basis, or the activities generally would be more

appropriately processed according to section 30105(3) and reviewed

for compliance with section 30106.