SENATE BILL NO. 177


   January 28, 1999, Introduced by Senator MC MANUS 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 section 80159 (MCL 324.80159), as added by 1995 PA

   58.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 80159.  The department may authorize, through the issu-

 2    ance of revocable permits, the placing of buoys or beacons in the

 3    waters of this state to mark obstruction to navigation, to desig-

 4    nate bathing areas, to designate vessel anchorages, or for any

 5    other purpose if it will promote safety or navigation.  Any

 6    person who desires to place buoys or beacons in the waters of

 7    this state, without expense to the state, shall make application

 8    to the department in a form and containing information required

 9    by the department.  Buoys or beacons,  except for 
             INCLUDING

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


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 1    unless authorized by the department in writing.  If authorization

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

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

 4    lawfully placed.  If buoys or beacons are placed in the waters of

 5    this state without a permit having been issued, the department

 6    may order their removal.  If, in the judgment of the department,

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

 8    improperly placed, the reason for their placement no longer

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

10    system of marking established by state regulation, the department

11    may revoke the permit authorizing their placement and may order

12    their removal.  Revocation of permits and orders of removal shall

13    be by written notice to the person placing the buoys or beacons

14    or to the person to whom the permit was issued at his or her last

15    known address, directing the removal within a specified time.

16    The person to whom the notice is directed shall remove the buoys

17    or beacons in accordance with the instructions.  If the person

18    fails to remove the buoys or beacons within the specified time,

19    the department may cause their removal.  , and the 
             THE cost and

20    expense of the removal shall be charged against the person autho-

21    rized to place the buoys or beacons or,  where  IF
             authorization

22    has not been granted, the person placing  such  THE
             buoys or

23    beacons.  and shall be  THE COST AND EXPENSE OF
             REMOVAL IS recov-

24    erable through any court of competent jurisdiction.









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