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HB-4463, As Passed House, June 27, 2007

SUBSTITUTE FOR

HOUSE BILL NO. 4463

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~~ Subject to subsection (2), 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

House Bill No. 4463 (H-2) as amended June 27, 2007

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 part 31.

(2) The department shall issue a permit under this part for a

marina if all of the following conditions are met:

(a) The applicant is a local unit of government and the

location of the marina is a road end under the jurisdiction of the

local unit of government that provides public access to an inland

lake [that is larger than 2,500 acres in size] and to which the

presumption in section 253(2) of

the land division act, 1967 PA 288, MCL 560.253, applies.

(b) The local unit of government is applying for the marina

permit for the purpose of constructing, installing, or maintaining

a seasonal dock.

compliance with section 30106a [and the proposed marina will otherwise be

in compliance with all local ordinances].

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 survey to determine the location of the dock to

House Bill No. 4463 (H-2) as amended June 27, 2007

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 THE STATE OF MICHIGAN.]

If a 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.

(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

House Bill No. 4463 (H-2) as amended June 27, 2007

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 20

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

250 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 provisions 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 assessed

House Bill No. 4463 (H-2) as amended June 27, 2007

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 fees for use of boat slips and boat hoists

at the marina that are equivalent to fees for similar services

charged at other marinas on that inland lake or stream or at a

comparable inland lake or stream.

(m) 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.]