MCL - Index of 451-1994-III-1-INLAND-WATERS
NOTE: Dates reflect any modification to item, not necessarily a change in law.
| Title | Subject |
|---|---|
| 451-1994-III-1-INLAND-WATERS | INLAND WATERS (324.30101...324.31713) |
| 451-1994-III-1-INLAND-WATERS-301 | PART 301 INLAND LAKES AND STREAMS (324.30101...324.30113) |
| Section 324.30101 | Definitions. |
| Section 324.30101a | Applicability of powers and duties of department to "navigable waters" and "waters of the United States" as defined in federal law. |
| Section 324.30102 | Operations prohibited without permit; exception. |
| Section 324.30103 | Exceptions; "water withdrawal" and "agricultural drain" defined. |
| Section 324.30104 | Application for permit; fees; refund. |
| Section 324.30104b | Applicability of MCL 324.30306b to proposed project or proposed permit application. |
| Section 324.30105 | Pending applications; posting on website; public hearing; review of application; statement; final inspection and certification; notice of hearing; conditional permit in emergency; provisions applicable to minor project; issuance of general permits; minor project category; general permit for activities in drains; definitions. |
| Section 324.30106 | Prerequisite to issuance of permit; specification in permit. |
| Section 324.30106a | Construction, expansion, or reconfiguration of marina; issuance of permit; conditions; definitions. |
| Section 324.30106b | Dredging or placing dredged spoils on bottomland; permit; conditions. |
| Section 324.30107 | Duration, terms, and revocation of permit; hearing; modification or revocation of general permit. |
| Section 324.30108 | Bulkhead line; establishment; application; jurisdiction; duties. |
| Section 324.30109 | Ordinary high-water mark agreement with riparian owner; agreement as proof of location; fee. |
| Section 324.30110 | Rules; promulgation and enforcement; hearing; review; proceeding by riparian owner. |
| Section 324.30111 | Rights of riparian owner as to water frontage and exposed bottomland. |
| Section 324.30111b | Public road end; prohibited use; violation as misdemeanor; fine; civil action; definitions. |
| Section 324.30111d.added | Issuance of written emergency order; violation of Part 301. |
| Section 324.30112 | Civil action; commencement by department; fine; violation as misdemeanor; penalty; civil sanction as appropriate to violation. |
| Section 324.30113 | Land and water management permit fee fund. |
| 451-1994-III-1-INLAND-WATERS-303 | PART 303 WETLANDS PROTECTION (324.30301...324.30329) |
| Section 324.30301 | Definitions; technical wetland delineation standards. |
| Section 324.30302 | Legislative findings; criteria to be considered in administration of part. |
| Section 324.30303 | Studies regarding wetland resources; contracts; study as public record for distribution at cost; identification of land suitable for cranberry production activities. |
| Section 324.30303b | Repealed. 2009, Act 120, Eff. Oct. 1, 2012. |
| Section 324.30303d | Repealed. 2009, Act 120, Eff. Oct. 1, 2012. |
| Section 324.30304 | Prohibited activities. |
| Section 324.30304b | Issuance of state programmatic general permits; agreement with United States army corps of engineers; applicability of subsections (2) and (3). |
| Section 324.30305 | Activities not requiring permit under part; uses allowed without permit; farming operation in wetland not requiring permit; incidental creation of wetland; area created as result of commercial excavation; activities not subject to regulation; subsection (6) inapplicable to certain lands; "agricultural drain" defined. |
| Section 324.30305b | Cranberry beds. |
| Section 324.30306 | Permit for use or development listed in MCL 324.30304; filing, form, and contents of application; proposed use or development as single permit application; fee; work done in violation of permit requirement; fee refund; conditional permit. |
| Section 324.30306b | Preapplication meeting; fee; withdrawal of request; refund of fee; duration of written agreement. |
| Section 324.30307 | Hearing; location; notice; approval or disapproval of permit application; appeal; legal action; website and electronic notification of pending permit applications, public notices, and public hearing schedules; effect of ordinance regulating wetlands; review of permit application by local unit of government; effect of failure to approve or disapprove within time period; recommendations; notice of permit issuance. |
| Section 324.30308 | Adoption of wetlands ordinance by local unit of government; availability of wetland inventory; completion of inventory map; notice; enforceable presumptions not created; processing wetland use applications. |
| Section 324.30309 | Regulation by local unit of government of wetland less than 2 acres; permit application; determination. |
| Section 324.30310 | Regulation by local unit of government of wetland less than 2 acres; revaluation for assessment purposes; protest and appeal; judicial review; right to initiate proceedings not limited by section. |
| Section 324.30311 | Permit for activity listed in MCL 324.30304; approval conditioned on certain determinations; criteria; findings of necessity; criteria for determining unacceptable disruption to aquatic resources; additional showing; feasible and prudent alternatives; determination of unreasonable costs. |
| Section 324.30311a | Guideline, bulletin, interpretive statement, or form with instructions; effect. |
| Section 324.30311b | Permit; validity; duration; conditions. |
| Section 324.30311d | Compensatory wetland mitigation; methods; submission of mitigation plan; financial assurance. |
| Section 324.30312 | Minor project categories of activities; general permit for category of activities; notice and public hearing; determinations; requirements and standards; duration of general permit; determination of more than minimal adverse effects; coordination of general permit and minor project categories; conversion to blueberry farming or certain other agriculture. |
| Section 324.30312b | Repealed. 2009, Act 120, Eff. Oct. 1, 2012. |
| Section 324.30312d | Blueberry production assistance program. |
| Section 324.30312f | Voluntary wetland restoration program; permit applications; exceptions; eligible applicants; review and approval process; joint agency restoration committee; qualified activities; applicability to former wetlands. |
| Section 324.30313 | Grounds for revocation or modification of general permit; grounds for termination or modification for cause of general permit. |
| Section 324.30313b | Minor permit revisions. |
| Section 324.30314 | Information required to obtain compliance with part; conditions for entering on premises. |
| Section 324.30315 | Violation; order requiring compliance; civil action. |
| Section 324.30316 | Civil action; commencement; request; venue; jurisdiction; violations; civil fines and penalties; restoration of wetland; award of attorney fees. |
| Section 324.30317 | Disposition of fees and civil fines; expenditures; report. |
| Section 324.30318 | Revaluation of property for assessment purposes. |
| Section 324.30319 | Rules; hearing; award of costs; judicial review; proceedings to protect wetland owner's rights. |
| Section 324.30320 | Inventories of wetland; use; updating; maps, ground surveys, and descriptions as public documents; availability and cost of aerial photographs and satellite telemetry data reproduction to county register of deeds. |
| Section 324.30321 | Basis and filing of preliminary inventory of wetland; assessment of property; report; determination; agricultural drain; culvert, ditch, or channel; assessment; fee; providing copy of delineation forms. |
| Section 324.30322 | Notice to owners of record of change in status of property. |
| Section 324.30323 | Legal rights or authority not abrogated; action to determine if property taken without just compensation; court order; limitation on value of property. |
| Section 324.30325 | Repealed. 2013, Act 98, Imd. Eff. July 2, 2013. |
| Section 324.30327 | Certifications by department under federal water pollution control act. |
| Section 324.30328 | Applicability to "navigable waters" and "waters of the United States" as defined under federal law. |
| Section 324.30329 | Repealed. 2009, Act 120, Eff. Apr. 1, 2013. |
| 451-1994-III-1-INLAND-WATERS-305 | PART 305 NATURAL RIVERS (324.30501...324.30515) |
| Section 324.30501 | Definitions. |
| Section 324.30502 | Natural river; designation; purpose; long-range plans; publicity; cooperation. |
| Section 324.30503 | Qualifications for designation; categories of rivers. |
| Section 324.30504 | Land acquisition; purpose; interest acquired; consent. |
| Section 324.30505 | Federal financial assistance programs; leases; expenditures; purposes. |
| Section 324.30506 | Public hearings; notice. |
| Section 324.30507 | Land uses; zoning; local ordinances; state rule. |
| Section 324.30508 | Zoning ordinance or rule; purpose. |
| Section 324.30509 | Zoning ordinance or rule; establishment of districts; powers; distance. |
| Section 324.30510 | Local zoning ordinance; conformance with applicable law; construction. |
| Section 324.30511 | Districts; valuation for tax purposes. |
| Section 324.30512 | Rules; enforcement; promulgation; variance; existing use. |
| Section 324.30513 | National wild and scenic river system; administration. |
| Section 324.30514 | Area plans; approval; rules. |
| Section 324.30515 | Construction of part. |
| 451-1994-III-1-INLAND-WATERS-307 | PART 307 INLAND LAKE LEVELS (324.30701...324.30723) |
| Section 324.30701 | Definitions. |
| Section 324.30701.amended | Definitions. |
| Section 324.30702 | Determination of normal inland lake level; motion or petition to initiate action; delegation of powers and duties by county board; maintenance. |
| Section 324.30703 | Preliminary study; costs; contents of study. |
| Section 324.30704 | Initiating proceeding for determining normal inland lake level and establishing special assessment district; required finding; multicounty lake; joinder permitted. |
| Section 324.30705 | Special assessment bonds or notes; lake level orders; proceedings; full faith and credit. |
| Section 324.30706 | Initiation of proceedings by director of department. |
| Section 324.30707 | Hearing; notice; service; powers and duties of court. |
| Section 324.30708 | Maintenance of normal level; acquisition by gift, grant, purchase, or condemnation; contract for operation and maintenance of existing dam; dam in adjoining county; operation of pumps and wells. |
| Section 324.30709 | Powers of department. |
| Section 324.30710 | Condemnation of private property. |
| Section 324.30711 | Defraying project costs by special assessment; special assessment roll; reassessment. |
| Section 324.30711.amended | Defraying project costs by special assessment; special assessment roll; reassessment. |
| Section 324.30712 | Computation of project costs. |
| Section 324.30713 | Contract with agency or corporation; provisions. |
| Section 324.30714 | Special assessment roll; public hearing; notice; approval; appeal. |
| Section 324.30715 | Assessment payments; installments; amount; interest, penalty, and collection; lien; preliminary study payment credited. |
| Section 324.30716 | Bonds and notes; issuance. |
| Section 324.30716.amended | Bonds and notes; issuance; exempt from MCL 141.2505. |
| Section 324.30717 | Acceptance and repayment of advance. |
| Section 324.30717.amended | Special assessment district; acceptance and repayment of advance. |
| Section 324.30718 | Dam construction or maintenance; plans and specifications; approval by department; bids; work relief project. |
| Section 324.30719 | Dam construction; underspill device; fish ladder. |
| Section 324.30720 | Unauthorized change of level; penalty. |
| Section 324.30721 | Establishment of normal inland lake level prohibited in certain cases. |
| Section 324.30722 | Inspection; report; repairs; penalty; expenditure. |
| Section 324.30723 | Other requirements not abrogated. |
| 451-1994-III-1-INLAND-WATERS-309 | PART 309 INLAND LAKE IMPROVEMENTS (324.30901...324.30929) |
| Section 324.30901 | Definitions. |
| Section 324.30902 | Petition for improvement of lake or wetland; local governing bodies' powers; lake boards. |
| Section 324.30903 | Lake board; composition; election of chairperson, treasurer, and secretary; quorum; concurrence of majority required; technical data; recommendations. |
| Section 324.30904 | Initiation of action by freeholders. |
| Section 324.30905 | Preliminary costs; revolving funds; assessments. |
| Section 324.30906 | Institution of proceedings for lake improvement; conflicts with local ordinances and charters. |
| Section 324.30907 | Lake improvement; initiation by department. |
| Section 324.30908 | Lake board; determination of scope of project; establishment of special assessment districts; ministerial duties. |
| Section 324.30909 | Engineering and economic reports; cost estimates. |
| Section 324.30910 | Review of reports by board; determinations of practicability; public hearings; notice; determination. |
| Section 324.30911 | County contributions toward costs of improvement. |
| Section 324.30912 | Approval of plans and cost estimates; sufficiency of petition; resolution; publication; assessment roll. |
| Section 324.30913 | Report of assessment to lake board; review; notice and hearing; confirmation. |
| Section 324.30914 | Special assessments; installments; interest; penalties. |
| Section 324.30915 | Special assessments; liens. |
| Section 324.30916 | Special assessments; collections. |
| Section 324.30917 | Delinquent assessments; reassessment. |
| Section 324.30918 | Division of land parcels; uncollected assessment apportioned. |
| Section 324.30919 | Additional special assessments. |
| Section 324.30920 | Special assessments; invalidity and new assessments. |
| Section 324.30921 | Special assessments; exempt lands. |
| Section 324.30922 | Borrowing; issuance of lake level orders and bonds. |
| Section 324.30923 | Condemnation; commencement and conduct of proceedings. |
| Section 324.30924 | Gifts and grants-in-aid; acceptance by lake board; contract or agreement. |
| Section 324.30925 | Gifts and grants-in-aid; acceptance by department. |
| Section 324.30926 | Advertising for bids; letting of contracts; work relief project. |
| Section 324.30927 | Costs of projects; computation; expenditures; representation by attorney. |
| Section 324.30928 | Intervention by department. |
| Section 324.30929 | Lake board for inland lake; dissolution. |
| 451-1994-III-1-INLAND-WATERS-311 | PART 311 LOCAL RIVER MANAGEMENT (324.31101...324.31119) |
| Section 324.31101 | Definitions. |
| Section 324.31102 | Watershed council; petition; contents; organizational meeting; notice. |
| Section 324.31103 | Watershed council; membership; voting rights; term; river management board. |
| Section 324.31104 | Watershed council; duties. |
| Section 324.31105 | Watershed council; powers. |
| Section 324.31106 | River management district; establishment; powers; consolidation; coordination. |
| Section 324.31107 | River management district; organizational meeting; notice; date; board; membership; term; voting rights. |
| Section 324.31108 | River management board; powers. |
| Section 324.31109 | River management district; body corporate; powers; taxing power. |
| Section 324.31110 | River management board; duties. |
| Section 324.31111 | Executive secretary; additional staff. |
| Section 324.31112 | Minimum level of stream flow; industrial use of water. |
| Section 324.31113 | Minimum level of stream flow; order of determination; notice; publication; review. |
| Section 324.31114 | Minimum level of stream flow; determination by watershed council or department; request. |
| Section 324.31115 | Measurement of stream flow, lake levels, and water quality; gauges and sampling devices; entering public property. |
| Section 324.31116 | Preparation of river management plan; advice, assistance, and supervision by department. |
| Section 324.31117 | Rules. |
| Section 324.31118 | Authority of department not affected by part. |
| Section 324.31119 | Director of public health; powers unaffected. |
| 451-1994-III-1-INLAND-WATERS-312 | PART 312 WATERSHED ALLIANCES (324.31201...324.31206) |
| Section 324.31201 | Definitions. |
| Section 324.31202 | Watershed alliance; establishment by municipalities; purpose; resolution; bylaws; voluntary membership. |
| Section 324.31203 | Watershed alliance as body corporate; powers and authority. |
| Section 324.31204 | Watershed alliance; powers and authority; report; assessment or collection of fees or taxes. |
| Section 324.31205 | Audit. |
| Section 324.31206 | Additional authority prohibited. |
| 451-1994-III-1-INLAND-WATERS-313 | PART 313 SURPLUS WATERS (324.31301...324.31314) |
| Section 324.31301 | Definitions. |
| Section 324.31302 | Request for surveys; utilization of reports. |
| Section 324.31303 | Request for surveys; involvement of other boards. |
| Section 324.31304 | Request for surveys; determination of optimum flow; plan for improvement, utilization, and conservation of surplus water; factors; limitations. |
| Section 324.31305 | Public hearing; determination of optimum flow; notice; order; review. |
| Section 324.31306 | Transmission of plans to boards; adoption; dams; supervision. |
| Section 324.31307 | Gifts and grants; buying, selling, exchanging, or condemning land; restrictions on financing dams. |
| Section 324.31308 | Gifts and grants-in-aid; acceptance by department. |
| Section 324.31309 | Use of increased flowage; waste assimilation; rates for usage. |
| Section 324.31310 | Permits granted by department not affected by part. |
| Section 324.31311 | Rules. |
| Section 324.31312 | Redetermination of optimum flow; modification of plan; hearings. |
| Section 324.31313 | Violation as misdemeanor. |
| Section 324.31314 | Applicability of part to river management districts. |
| 451-1994-III-1-INLAND-WATERS-315 | PART 315 DAM SAFETY (324.31501...324.31529) |
| Section 324.31501 | Meanings of words and phrases. |
| Section 324.31502 | Definitions; A to D. |
| Section 324.31503 | Definitions; E to H. |
| Section 324.31504 | Definitions; I to P. |
| Section 324.31505 | Definitions; R to T. |
| Section 324.31506 | Jurisdiction of dams and impoundments; exemptions. |
| Section 324.31507 | Prohibited conduct; exception. |
| Section 324.31508 | Preparation of plans and specifications; licensed professional engineer required; exceptions. |
| Section 324.31509 | Activities requiring permit; application for permit; fees; waiver and disposition of fees. |
| Section 324.31510 | Request for notification of pending applications for permits; annual fee; biweekly list of applications; copies; contents. |
| Section 324.31511 | Copies of application and statement; submission; public hearing; notice. |
| Section 324.31512 | Necessity for immediate action; emergency conditions; application for permit to reconstruct failed dam. |
| Section 324.31513 | Minor project categories; rules. |
| Section 324.31514 | Effect of proposed activity on public health, safety, welfare, property, or natural resources. |
| Section 324.31515 | Approval of plans and specifications; completion of permitted activity; time; extension; approval of changes; duration and renewal of permit; terms and conditions; mitigating measures; recommendations; performance bond; suspension, revocation, annulment, withdrawal, recall, cancellation, or amendment of permit; hearings. |
| Section 324.31516 | Spillway capacity; minimum criteria; freeboard; auxiliary spillway; duty of owner. |
| Section 324.31517 | Duties of owner; inspection; notice of final approval; notice of project not completed in accordance with plans, specifications, or conditions; enforcement action. |
| Section 324.31518 | Inspection reports; determination of hazard potential classification; inspection schedule; notice; additional inspection reports; contents of inspection report; visual inspection and report; detailed investigation or evaluation; life or property threatened by breach of dam; cause of action; ordering actions to alleviate danger. |
| Section 324.31519 | Order to limit dam operations; order to remove dam; hearing. |
| Section 324.31520 | Sudden or unprecedented flood; unusual or alarming circumstance or occurrence; emergency drawdowns, repairs, breaching, or other action; notice. |
| Section 324.31521 | Emergency orders. |
| Section 324.31522 | Structural integrity and operation of dam; investigations and studies. |
| Section 324.31523 | Emergency action plans; submissions; review; consistency with other plans; contents of plans. |
| Section 324.31524 | Violation; order; suspension, modification, or revocation of permit; remedies cumulative; civil action. |
| Section 324.31525 | Commencement of civil action; request; place; civil fine; contempt; willful or reckless violation as misdemeanor; penalty; subsequent violations; fine for failure to obtain permit; restoration of site; schedule of administrative monetary penalties for minor violations. |
| Section 324.31526 | Person aggrieved by action or inaction of department; hearing; determination; judicial review. |
| Section 324.31527 | Entering private or public property; time; purpose. |
| Section 324.31528 | Rules. |
| Section 324.31529 | Construction of part. |
| 451-1994-III-1-INLAND-WATERS-317 | PART 317 AQUIFER PROTECTION AND DISPUTE RESOLUTION (324.31701...324.31713) |
| Section 324.31701 | Definitions. |
| Section 324.31702 | Allegation of potential groundwater dispute; submission of complaint by small-quantity well owner; investigation; on-site evaluation; inability to resolve complaint; toll-free facsimile and telephone line; duties of director of department of environmental quality and director of department of agriculture and rural development; unverified complaints; other resolutions. |
| Section 324.31702a | Informal meeting between parties. |
| Section 324.31703 | Duties of director or director of department of agriculture and rural development in groundwater dispute. |
| Section 324.31704 | Order declaring groundwater dispute. |
| Section 324.31705 | Declaration of groundwater dispute; temporary provision at point of use of adequate supply of potable water; extraction of groundwater; restriction; impact on viability of certain businesses; public water supply owned or operated by local government. |
| Section 324.31706 | Compensation; conditions. |
| Section 324.31707 | Compensation; requirements. |
| Section 324.31708 | Appeal. |
| Section 324.31709 | Exceptions. |
| Section 324.31710 | Aquifer protection revolving fund. |
| Section 324.31711 | Report. |
| Section 324.31712 | Violation of order; civil fine or costs; default; deposit; action to enforce order. |
| Section 324.31713 | Repealed. 2009, Act 176, Imd. Eff. Dec. 15, 2009. |