August 18, 2009, Introduced by Senator BASHAM and referred to the Committee on Government Operations and Reform.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 30106 (MCL 324.30106), as added by 1995 PA 59,
and by adding section 30106a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 30106. (1) The department shall issue a permit if it
finds that the structure or project will not adversely affect the
public trust or riparian rights. In passing upon an application,
the department shall consider the possible effects of the proposed
action upon the inland lake or stream and upon waters from which or
into which its waters flow and the uses of all such waters,
including uses for recreation, fish and wildlife, aesthetics, local
government, agriculture, commerce, and industry. The department
shall not grant a permit if the proposed project or structure will
unlawfully impair or destroy any of the waters or other natural
resources of the state. This part does not modify the rights and
responsibilities of any riparian owner to the use of his or her
riparian water. A permit shall specify that a project completed in
accordance
with this part shall not cause unlawful pollution as
defined
by under part 31.
(2) As a pilot project, the department shall issue a permit
under this part for a marina if, in addition to the conditions in
subsection (1), all of the following conditions are met:
(a) The applicant is a local unit of government of not more
than 2,000 residents and the location of the marina is a road end
of more than 30 feet in width under the jurisdiction of the local
unit of government that provides public access to an inland lake
that is larger than 10,150 acres in size but less than 10,200 acres
in size.
(b) The local unit of government is applying for the marina
permit for the purpose of constructing, installing, or maintaining
a seasonal dock.
(c) The local unit of government has adopted an ordinance in
compliance with section 30106a and the proposed marina will
otherwise be in compliance with all local ordinances.
(3) The department, in conjunction with any local units of
government receiving permits under subsection (2), shall submit a
report to the legislature not later than November 1, 2010 on the
findings and operations of the marinas subject to subsection (2)
and the department's assessment as to whether subsection (2) should
be expanded.
Sec. 30106a. (1) A local unit of government may adopt an
ordinance, subject to the permit requirement under section 30106,
that authorizes a marina at a road end under the jurisdiction of
the local unit of government.
(2) An ordinance adopted under subsection (1) shall provide
for all of the following:
(a) Not more than 1 nonexclusive public dock shall be allowed
at the road end. The local unit of government shall conduct a
riparian interest survey to determine the location of the dock to
ensure that the dock remains within the right-of-way of the road as
extended into the waters of the inland lake or stream and does not
encroach onto or over the riparian bottomland of adjacent property.
The survey shall be performed by a professional land surveyor
licensed in this state. If a riparian interest survey was
previously conducted at the road end and the survey stakes and
drawing from that survey are identifiable, that survey may be used
to make the determination under this subdivision.
(b) The dock shall not be installed prior to May 1 and shall
be removed not later than September 30 of each year.
(c) The dock shall not exceed 200 feet in length.
(d) The dock shall be not more than 5 feet in width or the
width required by state or federal law, whichever is greater.
(e) The dock shall be constructed to allow access for law
enforcement or emergency personnel.
(f) The length of the dock shall not unreasonably interfere
with the safety and navigability of the waters of the inland lake
or stream.
(g) The augering or driving of any boat mooring post or the
placement of any permanent or seasonal boat anchoring device, other
than a permitted boat hoist, within the area of the road end as
extended into the inland lake or stream shall be prohibited.
(h) The construction, installation, or maintenance of boat
hoists on the road end and in the adjacent waters to establish
seasonal overnight mooring or docking of unoccupied vessels,
including, but not limited to, all of the following requirements:
(i) Boat hoists shall be placed in a uniform straight line
running away from and parallel to the shoreline in such a manner as
to assure that the hoist and associated moored watercraft remain
within the right-of-way of the public road as extended into the
waters of the inland lake or stream. The ordinance shall require
that, when moored in its hoist, a watercraft shall not encroach
onto or over the riparian bottomland of adjacent property.
(ii) Boat hoists shall be placed a minimum of 50 feet offshore
and shall not unreasonably interfere with the ingress, egress,
safety, and navigability of the waters of the inland lake or
stream. A hoist shall not be located farther than 200 feet
offshore.
(iii) Boat hoists shall not be placed in such a way as to impede
access for law enforcement or emergency personnel.
(iv) Boat hoists shall not be installed prior to May 1 and
shall be removed not later than September 30 of each year.
(i) A road end shall not be altered, improved, or maintained
in any manner without first obtaining an appropriate land use
permit for the desired activity. The ordinance may require that
additional permits be obtained from the county road commission or
drain commission.
(j) Provisions for the use of a lottery to allocate the use of
boat hoists and boat slips if the demand for the use of these
facilities is greater than the supply.
(k) If fees are to be charged for the use of marina
facilities, an itemization of the specific fees. Fees for use of
boat slips and boat hoists at the marina shall be equivalent to
fees for similar services charged at other marinas on that inland
lake or stream or at a comparable inland lake or stream. Fees
assessed under this subdivision shall be used by the local unit of
government only to pay for the installation, removal, and
maintenance of docks and boat hoists, for necessary surveys related
to the marina or road end, and for law enforcement activities.
(l) Provisions for violations consistent with subsection (4).
(3) An ordinance adopted under subsection (1) may allow for
use of the waterfront within the boundaries of the road end for
sunbathing and lounging activities. Any allowance of such
activities shall be accompanied by rules specifying what uses are
permitted and what uses are prohibited. Any allowance of such
activities shall also be accompanied by rules specifying the hours
of operation for these activities. The hours of operation for these
activities shall not exceed sunrise to sunset.
(4) A person who violates an ordinance adopted under this
section is responsible for a municipal infraction and may be
ordered to pay a fine of not more than $500.00 per violation.
(5) A marina operated by a local unit of government in
compliance with this section shall not be found to be a public or
private nuisance.
(6) As used in this section, "road end" means the end of a
road, street, or alley that terminates at an inland lake or stream,
or terminates at a common area, a right-of-way, or a public park
that is contiguous to the shoreline of an inland lake or stream.
However, road end does not include a road, street, or alley, or a
portion of a road, street, or alley, that runs laterally along an
inland lake or stream.