May 8, 2008, Introduced by Rep. Bennett and referred to the Committee on Appropriations.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 3104, 3306, 30104, 30109, 32312, and 32513
(MCL 324.3104, 324.3306, 324.30104, 324.30109, 324.32312, and
324.32513), section 3104 as amended by 2005 PA 33, section 3306 as
added by 2004 PA 246, section 30104 as amended by 2006 PA 531,
sections 30109 and 32513 as amended by 2003 PA 163, and section
32312 as amended by 2004 PA 325.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3104. (1) The department is designated the state agency
to cooperate and negotiate with other governments, governmental
units, and governmental agencies in matters concerning the water
resources of the state, including, but not limited to, flood
control, beach erosion control, water quality control planning,
development, and management, and the control of aquatic nuisance
species. The department shall have control over the alterations of
natural or present watercourses of all rivers and streams in the
state to assure that the channels and the portions of the
floodplains that are the floodways are not inhabited and are kept
free and clear of interference or obstruction that will cause any
undue restriction of the capacity of the floodway. The department
may take steps as may be necessary to take advantage of any act of
congress that may be of assistance in carrying out the purposes of
this part, including the water resources planning act, 42 USC 1962
to 1962d-3, and the federal water pollution control act, 33 USC
1251 to 1387.
(2)
In order to To address discharges of aquatic nuisance
species from oceangoing vessels that damage water quality, aquatic
habitat, or fish or wildlife, the department shall facilitate the
formation of a Great Lakes aquatic nuisance species coalition. The
Great Lakes aquatic nuisance species coalition shall be formed
through an agreement entered into with other states in the Great
Lakes basin to implement on a basin-wide basis water pollution laws
that prohibit the discharge of aquatic nuisance species into the
Great Lakes from oceangoing vessels. The department shall seek to
enter into an agreement that will become effective not later than
January 1, 2007. The department shall consult with the department
of natural resources prior to entering into this agreement. Upon
entering into the agreement, the department shall notify the
Canadian Great Lakes provinces of the terms of the agreement. The
department shall seek funding from the Great Lakes protection fund
authorized under part 331 to implement the Great Lakes aquatic
nuisance species coalition.
(3) The department shall report to the governor and to the
legislature at least annually on any plans or projects being
implemented or considered for implementation. The report shall
include requests for any legislation needed to implement any
proposed projects or agreements made necessary as a result of a
plan or project, together with any requests for appropriations. The
department may make recommendations to the governor on the
designation of areawide water quality planning regions and
organizations relative to the governor's responsibilities under the
federal water pollution control act, 33 USC 1251 to 1387.
(4) A person shall not alter a floodplain except as authorized
by a floodplain permit issued by the department pursuant to part
13. An application for a permit shall include information that may
be required by the department to assess the proposed alteration's
impact on the floodplain. If an alteration includes activities at
multiple locations in a floodplain, 1 application may be filed for
combined activities.
(5) Except as provided in subsections (6), (7), and (9), until
October 1, 2008 2011, an application for a floodplain permit shall
be accompanied by a fee of $500.00. Until October 1, 2008, if the
department determines that engineering computations are required to
assess the impact of a proposed floodplain alteration on flood
stage or discharge characteristics, the department shall assess the
applicant an additional $1,500.00 to cover the department's cost of
review.
(6)
Until October 1, 2008 2011, an application for a
floodplain permit for a minor project category shall be accompanied
by a fee of $100.00. Minor project categories shall be established
by rule and shall include activities and projects that are similar
in nature and have minimal potential for causing harmful
interference.
(7) 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 for that work
if the application is accompanied by a fee equal to 2 times the
permit fee required under subsection (5) or (6).
(8) 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.
(9) 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) Part 301.
(b) Part 303.
(c) Part 323.
(d) Part 325.
(e) Section 117 of the land division act, 1967 PA 288, MCL
560.117.
Sec.
3306. (1) Until October 1, 2008 2011, an application for
a certificate of coverage under this part shall be accompanied by a
fee
of $75.00. Until October 1, 2008 2011, subject to subsection
(2), an application for an individual permit under this part shall
be accompanied by the following fee, based on the size of the area
of impact:
(a) Less than 1/2 acre, $75.00.
(b) One-half acre or more but less than 5 acres, $200.00.
(c) Five acres or more but less than 20 acres, $400.00.
(d) Twenty acres or more but less than 100 acres, $800.00.
(e) One hundred acres or more, $1,500.00.
(2) 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.
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, 2008 2011, an application for a permit shall be
accompanied by a fee based on an administrative cost in accordance
with the following schedule:
(a) For a minor project listed in R 281.816 of the Michigan
administrative code, 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 authorization under a general permit, a $50.00 fee.
(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 renewal of a marina operating permit, a fee of $50.00.
(e) 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 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 all other projects not listed in subdivisions (a)
through (e), 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) Part 303.
(b) Part 323.
(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. 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 a 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, 2008 2011, 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) The department, in order to regulate the uses
and development of high-risk areas, flood risk areas, and
environmental areas and to implement the purposes of this part,
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, 2008 2011, 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 multi-family 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 violation of a rule promulgated under subsection
(1)
exists 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) Before any work or connection specified in
section 32512 or 32512a is undertaken, a person shall file an
application with the department of environmental quality setting
forth 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 the waterway to be
constructed.
(e) Other information required by the department of
environmental quality.
(2) Except as provided in subsections (3) and (4), until
October 1, 2008 2011, an application for a permit under this
section shall be accompanied by a fee according to the following
schedule:
(a) For a project in a category of activities for which a
general permit is issued under section 32512a, a fee of $100.00.
(b) For activities included in the minor project category as
described in rules promulgated under this part and for a permit for
the removal of vegetation in an area that is not more than 100 feet
wide or the width of the property, whichever is less, or the mowing
of vegetation in excess of what is allowed in section
32512(2)(a)(ii), in the area between the ordinary high-water mark
and the water's edge, a fee of $50.00.
(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)
through (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) Part 301.
(b) Part 303.
(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 of
environmental quality, the department of environmental quality 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) The department of environmental quality 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.