HB-4448, As Passed Senate, May 26, 2015
April 15, 2015, Introduced by Rep. Victory and referred to the Committee on Appropriations.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 30104, 30104b, 30109, 32312, and 32513 (MCL
324.30104, 324.30104b, 324.30109, 324.32312, and 324.32513),
sections 30104 and 32513 as amended by 2013 PA 98, section 30104b
as amended by 2010 PA 179, and sections 30109 and 32312 as amended
by 2011 PA 90.
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, 2015, 2019, an application for a permit shall be
accompanied by an application fee based on an administrative cost
in accordance with the following schedule:
(a) 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) For activities included in a general permit category
established under section 30105(8), a fee of $50.00.
(d) For construction or expansion of a marina, a fee as
follows:
(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, unless the
dredge material has been determined through testing to be 90% or
more sand, or the addition of seawalls, bulkheads, or revetments of
500 feet or more.
(e) For major projects other than a project described in
subdivision (d)(v), involving any of the following, a fee of
$2,000.00:
(i) Dredging of 10,000 cubic yards or more, unless the dredge
material has been determined through testing to be 90% or more
sand.
(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 the removal of submerged logs from bottomland of an
inland lake, a $500.00 fee.
(g) For all other projects not listed in subdivisions (a)
through (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 fee required under this part or
the following acts or parts of acts:
(a) Section 3104.
(b) Part 303.
(c) Part 323.
(d) Part 325.
(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.
(5) If the department denies an application for a permit under
this part, the department shall promptly refund the application fee
paid under this section.
Sec.
30104b. (1) Section 30306b applies to a proposed project
or a proposed permit application under this part.
(2)
This section is repealed effective October 1, 2015.
Sec. 30109. Upon the written request of a riparian owner and
upon payment of a service fee, the department may enter into a
written agreement with the riparian owner establishing the location
of the ordinary high-water mark for his or her property. In the
absence of substantially changed conditions, the agreement shall be
conclusive proof of the location in all matters between the state
and the riparian owner and his or her successors in interest. Until
October
1, 2015, 2019, the service fee provided for in this section
shall be $500.00. The department shall forward all service fees
collected under this section to the state treasurer for deposit
into the fund.
Sec. 32312. (1) To regulate the uses and development of high-
risk areas, flood risk areas, and environmental areas and to
implement the purposes of this part, the department shall
promulgate rules. If permits are required under rules promulgated
under this part, the permits shall be issued pursuant to the rules
and part 13. Except as provided under subsection (2), until October
1,
2015, 2019, if permits are required pursuant to rules
promulgated under this part, an application for a permit shall be
accompanied by a fee as follows:
(a) For a commercial or multifamily residential project,
$500.00.
(b) For a single-family home construction, $100.00.
(c) For an addition to an existing single-family home or for a
project that has a minor impact on fish and wildlife resources in
environmental areas as determined by the department, $50.00.
(2) A project that requires review and approval under this
part and under 1 or more of the following is subject to only the
single highest permit fee required under this part or the
following:
(a) Part 301.
(b) Part 303.
(c) Part 325.
(d) Section 3104.
(e) Section 117 of the land division act, 1967 PA 288, MCL
560.117.
(3) The department shall forward fees collected under this
section to the state treasurer for deposit in the land and water
management permit fee fund created in section 30113.
(4) A circuit court, upon petition and a showing by the
department that a rule promulgated under subsection (1) has been
violated, shall issue any necessary order to the defendant to
correct the violation or to restrain the defendant from further
violation of the rule.
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, 2019, 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 $50.00.
(b) For activities included in a minor project category
established under section 32512a(1), a fee of $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, unless the
dredge material has been determined through testing to be 90% or
more sand, 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, unless the dredge
material has been determined through testing to be 90% or more
sand.
(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) Part 301.
(c) Part 303.
(d) Part 323.
(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.
Enacting section 1. This amendatory act takes effect October
1, 2015.