HOUSE BILL No. 4448

 

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.