September 25, 2012, Introduced by Senators GREEN and COLBECK and referred to the Committee on Natural Resources, Environment and Great Lakes.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 1307, 1311, 30103, 30104, 30305, 30306,
30311a, 30311d, 32513, and 32514 (MCL 324.1307, 324.1311,
324.30103, 324.30104, 324.30305, 324.30306, 324.30311a, 324.30311d,
324.32513, and 324.32514), section 1307 as amended by 2012 PA 164,
section 1311 as amended by 2011 PA 246, section 30103 as amended by
2009 PA 139, section 30104 as amended by 2011 PA 218, sections
30305, 30306, and 32513 as amended by 2012 PA 247, sections 30311a
and 30311d as added by 2009 PA 120, and section 32514 as added by
1995 PA 59; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1307. (1) By the processing deadline, the department
shall approve or deny an application for a permit. If requested by
the permit applicant, the department shall extend the processing
period for a permit by not more than 120 days, as specified by the
applicant. If requested by the permit applicant, the department may
extend the processing period beyond the additional 120 days.
However, a processing period shall not be extended under this
subsection to a date later than 1 year after the application period
ends.
(2) The approval or denial of an application for a permit
shall be in writing and shall be based upon evidence that would
meet the standards in section 75 of the administrative procedures
act of 1969, 1969 PA 306, MCL 24.275.
(3) (2)
Approval of an application for a
permit may be granted
with conditions or modifications necessary to achieve compliance
with the part or parts of this act under which the permit is
issued.
(4) (3)
A denial of an application for a
permit shall
document, and any review upholding the decision shall determine, to
the
extent practical, specify all of the reasons for the denial,
including
both all of the following:
(a)
The That the decision is
based on specific provisions of
this
act or rules promulgated under this act. providing the basis
for
the denial.
(b) That the decision is based upon sufficient facts or data,
which are recorded in the file.
(c) (b)
To the extent applicable, the
scientific information
providing
the basis for the denial.all
of the following:
(i) That the decision is the product of reliable scientific
principles and methods.
(ii) That the decision has applied the principles and methods
reliably to the facts.
(5) (4)
Except for permits described in
subsection (5) (6), if
the department fails to satisfy the requirements of subsection (1)
with respect to an application for a permit, the department shall
pay the applicant an amount equal to 15% of the greater of the
following, as applicable:
(a) The amount of the application fee for that permit.
(b) If an assessment or other fee is charged on an annual or
other periodic basis by the department to a person holding the
permit for which the application was submitted, the amount of the
first periodic charge of that assessment or other fee for that
permit.
(6) (5)
If the department fails to satisfy
the requirements of
subsection (1) with respect to a permit required by section 11509,
11512, 30304, or 32603, the application shall be considered to be
approved and the department shall be considered to have made any
determination required for approval.
(7) (6)
The failure of the department to
satisfy the
requirements of subsection (1) or the fact that the department is
required
to make a payment under subsection (4) (5) or is
considered
to have approved a permit under subsection (5) (6) shall
not be used by the department as the basis for discriminating
against the applicant. If the department is required to make a
payment
under subsection (4) (5), the application shall be
processed in sequence with other applications for the same type of
permit, based on the date on which the processing period began,
unless the director determines on an application-by-application
basis that the public interest is best served by processing in a
different order.
(8) (7)
If the department fails to satisfy
the requirements of
subsection (1) with respect to 10% or more of the applications for
a particular type of permit received during a quarter of the state
fiscal year, the department shall immediately devote resources from
that program to eliminate any backlog and satisfy the requirements
of subsection (1) with respect to new applications for that type of
permit within the next fiscal quarter.
(9) (8)
If the department fails to satisfy
the requirements of
subsection (1), the director shall notify the appropriations
committees of the senate and house of representatives of the
failure. The notification shall be in writing and shall include
both of the following:
(a) An explanation of the reason for the failure.
(b) A statement of the amount the department was required to
pay
the applicant under subsection (4) (5) or a statement that the
department was required to consider the application to be approved
under
subsection (5) (6), as applicable.
Sec. 1311. By December 1 each year, the director shall submit
a report to the standing committees and appropriations
subcommittees of the senate and house of representatives with
primary responsibility for issues under the jurisdiction of that
department. The department shall post the current report on its
website. The report shall include all of the following information
for each type of permit for the preceding fiscal year:
(a) The number of applications for permits the department
received.
(b) The number of applications approved, the number of
applications approved by the processing deadline, the number of
applications approved after the processing deadline, and the
average time for the department to determine administrative
completeness and to approve or disapprove applications.
(c) The number of applications denied, the number of
applications denied by the processing deadline, and the number of
applications denied after the processing deadline.
(d) The number of applications approved or denied after the
processing deadline that, based on the director's determination of
the public interest, were not processed in sequence as otherwise
required
by section 1307(6).1307(7).
(e) The number of applications that were not administratively
complete when received.
(f) The amount of money refunded and discounts granted under
section 1307.
(g) The number of applications processed as provided in
section 1309.
(h) If a department failed to satisfy the requirements of
section 1307(1) with respect to 10% or more of the applications for
a particular type of permit received during a quarter of the state
fiscal year, the type of permit and percentage of applications for
which the requirements were not met, how the department attempted
to eliminate any backlog and satisfy the requirements of section
1307(1) with respect to new applications for that type of permit
within the next fiscal quarter, and whether the department was
successful.
Sec. 30103. (1) A permit is not required under this part for
any of the following:
(a) Any fill or structure existing before April 1, 1966, in
waters covered by former 1965 PA 291, and any fill or structures
existing before January 9, 1973, in waters covered for the first
time by former 1972 PA 346.
(b) A seasonal structure placed on bottomland to facilitate
private noncommercial recreational use of the water if it does not
unreasonably interfere with the use of the water by others entitled
to use the water or interfere with water flow.
(c) Reasonable sanding of beaches to the existing water's edge
by a riparian owner.
(d)
Construction or maintenance of a private Maintenance of an
agricultural
drain, regardless of outlet, . if all of the following
requirements are met:
(i) The drain was constructed before January 1, 1973 or under a
permit issued pursuant to this part.
(ii) The drain has a drainage area that is 160 acres or less
and that is entirely in agricultural use.
(iii) The maintenance includes only activities that maintain the
as-constructed location, depth, and bottom width of the drain as of
January 1, 2013.
(iv) The maintenance is performed by the landowner or pursuant
to the drain code of 1956, 1956 PA 40, MCL 280.1 to 280.630.
(e) A waste collection or treatment facility that is ordered
to
be constructed or is approved for construction by the department
under state or federal water pollution control law, if constructed
in upland.
(f) Construction and maintenance of minor drainage structures
and facilities which are identified by rule promulgated by the
department pursuant to section 30110. Before such a rule is
promulgated, the rule shall be approved by the majority of a
committee consisting of the director of the department, the
director of the department of agriculture and rural development,
and the director of the state transportation department or their
designated representatives. The rules shall be reviewed at least
annually.
(g)
Maintenance and improvement of all drains that were either
(i) legally established or and constructed
prior to before January
1, 1973, pursuant to the drain code of 1956, 1956 PA 40, MCL 280.1
to 280.630, except those legally established drains constituting
mainstream portions of certain natural watercourses identified in
rules promulgated by the department under section 30110, or (ii)
constructed or modified under a permit issued pursuant to this
part. As used in this subdivision, "maintenance of drains" means
the physical preservation of the configuration of a drain and
appurtenant structures to restore the function and approximate
capacity of the drain as constructed, established, or modified as
of January 1, 2013 and includes, but is not limited to, the
following activities if performed with best management practices to
the levels of current engineering standards:
(i) Excavation of accumulated sediments back to original
construction or establishment.
(ii) Reshaping of the side slopes.
(iii) Bank stabilization to prevent erosion where reasonably
necessary.
(iv) Armoring, lining, or piping if a previously armored,
lined, or piped section is being repaired and all work occurs
within the footprint of the previous work.
(v) Replacement of existing control structures, if the
original function of the drain is not changed and original
approximate capacity of the drain is not increased.
(vi) Drain realignments within existing drain or road right-of-
way for transportation safety purposes.
(vii) Installation and replacement of culverts, for property
access, in a manner that does not impair the designed flow of the
drain.
(viii) Construction of temporary in-stream sedimentation basins
on a construction site.
(ix) Installation and repair of grade stabilization structures
such as cross veins, J-hooks, and riffle zones.
(x) Emergency reconstruction of recently damaged parts of the
drain such as dikes, dams, levees, groins, riprap, breakwaters,
causeways, bridge abutments or approaches, and transportation
structures. Emergency reconstruction must occur within a reasonable
period of time after damage occurs in order to qualify for this
exemption.
(h) Projects constructed under the watershed protection and
flood prevention act, chapter 656, 68 Stat. 666, 16 USC 1001 to
1008 and 1010.
(i) Construction and maintenance of privately owned cooling or
storage ponds used in connection with a public utility except at
the interface with public waters.
(j) Maintenance of a structure constructed under a permit
issued pursuant to this part and identified by rule promulgated
under section 30110, if the maintenance is in place and in kind
with no design or materials modification.
(k) A water withdrawal.
(l) Annual installation of a seasonal dock or docks, pilings,
mooring buoys, or other mooring structures previously authorized by
and in accordance with a permit issued under this part.
(2) As used in this section, "water withdrawal" means the
removal of water from its source for any purpose.
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, 2015, an application for a permit shall be accompanied
by a fee based on an administrative cost in accordance with the
following schedule:
(a)
For activities included in a minor project category, 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 activities included in a minor project category
established under section 30105(7), a fee of $100.00.
(c) (b)
For authorization under activities included in a
general permit category established under section 30105(8), a fee
of
$50.00. fee.
(d) (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.
(e) (d)
For major projects other than a project
described in
subdivision
(c)(v) (d)(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) (e)
For the removal of submerged logs
from bottomland of
an inland lake, a $500.00 fee.
(g) (f)
For all other projects not listed
in subdivisions (a)
through
(e) (f), 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) Section 3104.
(b) (a)
Part 303.
(c) (b)
Part 323.
(d) (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. 30305. (1) Activities that require a permit under part
325 or part 301 or a discharge that is authorized by a discharge
permit under section 3112 or 3113 do not require a permit under
this part.
(2) The following uses are allowed in a wetland without a
permit subject to other laws of this state and the owner's
regulation:
(a) Fishing, trapping, or hunting.
(b) Swimming or boating.
(c) Hiking.
(d) Grazing of animals.
(e) Farming, horticulture, silviculture, lumbering, and
ranching activities, including plowing, irrigation, irrigation
ditching, seeding, cultivating, minor drainage, harvesting for the
production of food, fiber, and forest products, or upland soil and
water conservation practices. To be allowed in a wetland without a
permit, these activities shall be part of an established ongoing
farming, horticultural, silvicultural, or ranching operation.
Farming activities on areas lying fallow as part of a conventional
rotational cycle are part of an established ongoing operation,
unless modifications to the hydrological regime or ongoing
mechanized land clearing are necessary to resume operation.
Activities that bring an area into farming, horticulture,
silviculture, or ranching use, or that convert an area from a
forested or silvicultural use to agricultural use, are not part of
an established ongoing operation. Minor drainage does not include
draining associated with the immediate or gradual conversion of a
wetland to a nonwetland, or conversion from 1 wetland use to
another. Minor drainage does not include the construction of a
canal, ditch, dike, or other waterway or structure that drains or
otherwise significantly modifies a stream, lake, or wetland.
Wetland altered under this subdivision shall not be used for a
purpose
other than a purpose described in this subsection section
without a permit from the department.
(f) Maintenance or operation of serviceable structures in
existence on October 1, 1980 or constructed pursuant to this part
or former 1979 PA 203.
(g) Construction or maintenance of farm or stock ponds.
(h)
Maintenance , operation, or improvement which includes
straightening,
widening, or deepening of the following which is
necessary
for the production or harvesting of agricultural
products:
(i) An existing private agricultural drain.of the following
drains to the as-constructed location, depth, and bottom width as
of January 1, 2013:
(i) An agricultural drain, regardless of outlet, if all of the
following requirements are met:
(A) The drain was constructed prior to January 1, 1973 or
under a permit issued pursuant to this part.
(B) The drain has a drainage area that is 160 acres or less
and that is entirely in agricultural use.
(C) The maintenance includes only activities that maintain the
as-constructed location, depth, and bottom width of the drain as of
January 1, 2013.
(D) The maintenance is performed by the landowner or pursuant
to the drain code of 1956, 1956 PA 40, MCL 280.1 to 280.630.
(ii) That portion of a drain legally established pursuant to
the drain code of 1956, 1956 PA 40, MCL 280.1 to 280.630, which has
been constructed or improved for drainage purposes.
(iii) A drain constructed pursuant to other provisions of this
part or former 1979 PA 203.
Maintenance of drains under this subdivision includes, but is not
limited to, the placement of spoils removed from a drain in
locations where spoils have been previously placed along that
drain. Maintenance of drains under this subdivision does not
include any modification to the character, scope, or size of the
drain as of January 1, 2013, or any modification that results in
additional wetland drainage or conversion of wetland to a use to
which it was not previously subject.
(i) Construction or maintenance of farm roads, forest roads,
or temporary roads for moving mining or forestry equipment, if the
roads
are constructed and maintained in a manner to assure ensure
that
any adverse effect on the wetland will be otherwise minimized.
(j)
Drainage necessary for the production and harvesting of
agricultural
products if the wetland is owned by a person who is
engaged
in commercial farming and the land is to be used for the
production
and harvesting of agricultural products. Except as
otherwise
provided in this part, wetland improved under this
subdivision
after October 1, 1980 shall not be used for nonfarming
purposes
without a permit from the department. This subdivision
does
not apply to a wetland that is contiguous to a lake or stream,
or
to a tributary of a lake or stream, or to a wetland that the
department
has determined by clear and convincing evidence to be a
wetland
that is necessary to be preserved for the public interest,
in
which case a permit is required.
(j) (k)
Maintenance or improvement of
public streets,
highways,
or roads , within the right-of-way and that meets all of
the following requirements:
(i) Does not include any modification that changes the original
location or footprint.
(ii) Is done in such a
manner as to assure that minimizes
any
adverse
effect on the wetland. will be otherwise minimized.
Maintenance
or improvement does not include adding extra lanes,
increasing
the right-of-way, or deviating from the existing
location
of the street, highway, or road.
(k) (l) Maintenance , or repair ,
or operation of gas or oil
pipelines
and construction of gas or oil pipelines having a
diameter
of 6 inches or less, if the pipelines are constructed,
maintained,
or repaired of utility lines
and associated support
structures that meets all of the following requirements:
(i) Is done in a manner to
assure that minimizes any adverse
effect
on the wetland. will be otherwise minimized.
(ii) Does not include any modification to the character, scope,
or size of the originally constructed design.
(iii) Does not convert a wetland area to a use to which it was
not previously subject.
For the purposes of this subdivision and subdivision (l), "utility
line" means any pipe or pipeline used for the transportation of any
gaseous, liquid, liquescent, or slurry substance, for any purpose,
and any cable, line, or wire for the transmission for any purpose
of electrical energy, telephone or telegraph messages, or radio or
television communication.
(l) (m)
Maintenance, repair, or operation of electric
transmission
and distribution power lines and construction of
distribution
power lines, if the distribution power lines are
constructed,
maintained, or repaired Installation
of utility lines
having a diameter of 6 inches or less using directional drilling or
boring, or knifing-in, and the placement of poles with minimal
(less than 1 cubic yard) structure support, if the utility lines
and
poles are installed in a manner to
assure that minimizes any
adverse
effect on the wetland. will be otherwise minimized.
Directional drilling or boring under this subdivision shall meet
all of the following requirements:
(i) The top of the utility line shall be at least 4 feet below
the soil surface of the wetland. However, if the presence of rock
prevents the placement of the utility line at the depth otherwise
required by this subparagraph, the bottom of the utility line may
be placed not higher than the top of the rock.
(ii) The entry and exit holes shall be located a sufficient
distance from the wetland to ensure that disturbance of the wetland
does not occur.
(iii) The operation shall not result in the eruption or release
of any drilling fluids up through the ground and into the wetland
and there is an adequate plan to respond to any release of drilling
mud or other fill material.
(m) (n)
Operation or maintenance, including
reconstruction of
recently damaged parts, of serviceable dikes and levees in
existence on October 1, 1980 or constructed pursuant to this part
or former 1979 PA 203.
(o)
Construction of iron and copper mining tailings basins and
water
storage areas.
(3) An activity in a wetland that was effectively drained for
farming before October 1, 1980 and that on and after October 1,
1980 has continued to be effectively drained as part of an ongoing
farming operation is not subject to regulation under this part.
(4) A wetland that is incidentally created as a result of 1 or
more of the following activities is not subject to regulation under
this part:
(a)
Excavation for mineral or sand Commercial
excavation for
sand, stone, gravel, or mineral mining, if the area was not a
wetland
before excavation. This exemption does not include a
wetland
on or adjacent to a water body of 1 acre or more in
size.from regulation applies only while the
commercial excavation
is ongoing.
(b)
Construction and operation of a water treatment pond, or
lagoon, or other facility in compliance with the requirements of
state
or federal water pollution control regulations.laws.
(c) A diked area associated with a landfill if the landfill
complies with the terms of the landfill construction permit and if
the diked area was not a wetland before diking.
(d) Construction of drains in upland for the sole purpose of
removing excess soil moisture from upland agricultural areas.
(5) An area that becomes contiguous to a water body created as
a result of commercial excavation for sand, gravel, or mineral
mining is not subject to regulation under this part solely because
it is contiguous to the created water body. This exemption from
regulation applies only while the commercial excavation is ongoing.
(6) (5)
Except as provided in subsection (6),
(7), the
following activities are not subject to regulation under this part:
by
the state:
(a) Leveling of sand, removal of vegetation, grooming of soil,
or removal of debris, in an area of unconsolidated material
predominantly composed of sand, rock, or pebbles, located between
the ordinary high-water mark and the water's edge.
(b) Mowing of vegetation between the ordinary high-water mark
and the water's edge.
(7) (6)
Subsection (5) (6) does
not apply to lands included in
the survey of the delta of the St. Clair River, otherwise referred
to as the St. Clair flats, located within Clay township, St. Clair
county, as provided for in 1899 PA 175.
Sec. 30306. (1) Except as provided in section 30307(6), to
obtain a permit for a use or development listed in section 30304, a
person shall file an application with the department on a form
provided by the department. The application shall include all of
the following:
(a) The person's name and address.
(b) The location of the wetland.
(c)
A description of the wetland. on which the use or
development
is to be made.
(d) A statement and appropriate drawings describing the
proposed use or development.
(e) The wetland owner's name and address.
(f) An environmental assessment of the proposed use or
development if requested by the department. The assessment shall
include the effects upon wetland benefits and the effects upon the
water quality, flow, and levels, and the wildlife, fish, and
vegetation within a contiguous lake, river, or stream.
(2) For the purposes of subsection (1), a proposed use or
development of a wetland shall be covered by a single permit
application under this part if the scope, extent, and purpose of a
use or development are made known at the time of the application
for the permit.
(3) Except as provided in subsections (4) and (5), an
application for a permit submitted under subsection (1) shall be
accompanied by the following fee, as applicable:
(a) For a project in a category of activities for which a
general permit is issued under section 30312, a fee of
$100.00.$50.00.
(b) For activities included in a minor project category
established under section 30312(1), a fee of $100.00.
(c) (b)
For a major project, including any
of the following, a
fee of $2,000.00:
(i) Filling or draining of 1 acre or more of coastal or inland
wetland.
(ii) 10,000 cubic yards or more of wetland fill.
(iii) A new golf course affecting wetland.
(iv) A subdivision affecting wetland.
(v) A condominium affecting wetland.
(d) (c)
For all other projects, a fee of
$500.00.
(4) A project that requires review and approval under this
part and 1 or more of the following is subject to only the single
highest permit fee required under this part or the following:
(a) Section 3104.
(b) Part 301.
(c) Part 323.
(d) Part 325.
(e) Section 117 of the land division act, 1967 PA 288, MCL
560.117.
(5) 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 twice the permit fee
otherwise required under this section.
(6) If the department determines that a permit is not required
under this part, the department shall promptly refund the fee paid
under this section.
(7) The department may issue a conditional permit before the
expiration of the 20-day period referred to in section 30307 if
emergency conditions warrant a project to protect property or the
public health, safety, or welfare.
Sec.
30311a. (1) A guideline, bulletin, interpretive
statement, or form with instructions under this part shall not be
given the force and effect of law. A guideline, bulletin,
interpretive statement, or form with instructions under this part
is not legally binding on the public or the regulated community and
shall not be cited by the department for compliance and enforcement
purposes.
(2)
Within 1 year after the effective date of the 2009
amendatory
act that added this subsection, the department shall
adopt
a new guidance document for the evaluation of feasible and
prudent
alternatives. The guidance document shall be consistent
with
findings and recommendations of the United States
environmental
protection agency's region 5 review of the program
under
this part. The department shall develop the guidance document
in
consultation with interested parties, including the council.
(3)
Before the guidance document under subsection (2) takes
effect,
the department shall not deny an application for a permit
required
under section 30304 because of the availability of a
feasible
and prudent alternative based solely on consideration of
statewide
alternatives, higher cost, or reduced profit unless both
of
the following apply:
(a)
The proposed denial has been reviewed by a department
deputy
director.
(b)
The department has requested information from the Michigan
economic
development corporation and applicable regional and local
economic
development authorities relative to the project and
considered
the information received.
(4)
Before the guidance document under subsection (2) takes
effect,
the processing period specified under section 1301 for a
permit
required under section 30304 is extended if department staff
have
proposed denying the permit for reasons set forth in
subsection
(7). Notwithstanding section 1307(1), the extension
shall
be for not more than 45 days.
(5)
The department shall not file a request for rule-making
under
section 39 of the administrative procedures act, 1969 PA 306,
MCL
24.239, for rules addressing the evaluation of feasible and
prudent
alternatives before October 1, 2012.
Sec. 30311d. (1) The department may impose as a condition on
any permit, other than a general permit, under this part a
requirement for compensatory wetland mitigation. The department may
approve 1 or more of the following methods of compensatory wetland
mitigation:
(a) The acquisition of approved credits from a wetland
mitigation bank. The department shall not require a permit
applicant to provide compensatory wetland mitigation under
subdivision (b), (c), or (d) if the applicant prefers and qualifies
to use approved credits from the wetland mitigation bank to provide
required compensatory wetland mitigation under this subdivision.
(b) The restoration of previously existing wetland. The
restoration of previously existing wetland is preferred over the
creation of new wetland where none previously existed.
(c) The creation of new wetlands, if the permit applicant
demonstrates that ecological conditions necessary for establishment
of a self-sustaining wetland ecosystem exist or will be created.
(d) The preservation of exceptional wetlands.
(2) If compensatory wetland mitigation under subsection
(1)(b), (c), or (d) is required, a permit applicant shall submit a
mitigation plan to the department for approval. In approving a
compensatory mitigation plan, the department shall consider how the
location and type of wetland mitigation supports the sustainability
or improvement of aquatic resources in the watershed where the
activity is permitted. The permit applicant shall provide for
permanent protection of the wetland mitigation site. The department
may accept a conservation easement to protect wetland mitigation
and associated upland.
(3) If a permittee carries out compensatory wetland mitigation
under subsection (1)(b), (c), or (d) in cooperation with public
agencies, private organizations, or other parties, the permittee
remains responsible for the compensatory wetland mitigation to the
extent otherwise provided by law.
(4) The department may require financial assurance to ensure
that compensatory wetland mitigation is accomplished as specified.
To ensure that wetland benefits are replaced by compensatory
wetland mitigation, the department may release financial assurance
only after the permit applicant or mitigation bank sponsor has
completed monitoring of the mitigation site and demonstrated
compliance with performance standards in accordance with a schedule
in the permit or mitigation banking agreement.
(5) By 1 year after the effective date of the amendatory act
that added this subsection, the department shall submit to the
office of regulatory reform for informal review revised
administrative rules on mitigation that do all of the following:
(a) Reduce the preference for on-site mitigation.
(b) Allow flexibility in mitigation ratios for uses of
wetlands.
(c) Allow a reduction of mitigation ratios when approved
credits from a wetland mitigation bank are used.
(d) Allow consideration of additional ecologically beneficial
features.
(6) The department shall submit revised administrative rules
that encourage the development of wetland mitigation banks to the
office of regulatory reform for informal review within 1 year after
the effective date of the amendatory act that added this
subsection. The rules shall do all of the following:
(a) Enlarge mitigation bank service areas. However, a service
area shall be located within the same watershed or ecoregion as the
permitted project or activity, ensure no net loss of the wetland
resources, and protect the predominant wetland functions of the
service area. The department shall consider enlarging the size of
ecoregions for mitigation bank service areas.
(b) Allow earlier release of credits if the benefits of a
mitigation bank have been properly established and the credits are
revocable or covered by a financial assurance.
(c) Allow wetland preservation to be used in areas where
wetland restoration opportunities do not exist, if an unacceptable
disruption of the aquatic resources will not result.
(7) The department shall establish a wetland mitigation bank
funding program under part 52 that provides grants and loans to
eligible municipalities for the purposes of establishing mitigation
banks.
Sec. 32513. (1) To obtain a permit for any work or connection
specified in section 32512, a person shall file an application with
the department on a form provided by the department. The
application shall include all of the following:
(a) The name and address of the applicant.
(b) The legal description of the lands included in the
project.
(c) A summary statement of the purpose of the project.
(d) A map or diagram showing the proposal on an adequate scale
with contours and cross-section profiles of any waterway to be
constructed.
(e) Other information required by the department.
(2) Except as provided in subsections (3) and (4), until
October 1, 2015, an application for a permit under this section
shall be accompanied by the following fee, as applicable:
(a) For a project in a category of activities for which a
general permit is issued under section 32512a, a fee of
$100.00.$50.00.
(b) For activities included in a minor project category
established
under section 32512a(1), a fee of $50.00.$100.00.
(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 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 revetment of 500 feet or more.
(iv) Filling or draining of 1 acre or more of coastal wetland.
(v) New dredging or upland boat basin excavation in areas of
suspected contamination.
(vi) New breakwater or channel jetty.
(vii) Shore protection, such as groins and underwater
stabilizers, that extend 150 feet or more on Great Lakes
bottomlands.
(viii) New commercial dock or wharf of 300 feet or more in
length.
(e) For all other projects not listed in subdivisions (a) to
(d), $500.00.
(3) A project that requires review and approval under this
part and 1 or more of the following is subject to only the single
highest permit fee required under this part or the following:
(a) Section 3104.
(b) (a)
Part 301.
(c) (b)
Part 303.
(d) (c)
Part 323.
(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
otherwise required under this section.
(5) The department shall forward all fees collected under this
section to the state treasurer for deposit into the land and water
management permit fee fund created in section 30113.
Sec. 32514. Upon receipt of the application, the department
shall mail copies to the department of public health, the clerks of
the county, city, village, and township, and the drain commissioner
of the county or, if none, the road commissioner of the county, in
which the project or body of water affected is located, and to the
adjacent riparian owners, accompanied by a statement that unless a
written objection is filed with the department within 20 days after
the mailing of the copies, the department may take action to grant
the application. The department may set the application for public
hearing. At least 10 days' notice of the hearing shall be given by
publication in a newspaper circulated in the county and by mailing
copies of the notice to the persons named in this section. The
department may issue a conditional permit before the expiration of
the 20-day period if emergency conditions warrant a project to
protect property or the public health, safety, or welfare.
Enacting section 1. Sections 30325 and 30329 of the natural
resources and environmental protection act, 1994 PA 451, MCL
324.30325 and 324.30329, are repealed.