SENATE BILL NO. 1058 April 22, 1998, Introduced by Senator JAYE and referred to the Committee on Hunting, Fishing and Forestry. A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 30103 and 32512 (MCL 324.30103 and 324.32512), as added by 1995 PA 59. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 30103. A permit is not required for any of the 2 following: 3 (a) Any fill or structure existing before April 1, 1966, in 4 waters covered by formerAct No. 291 of the Public Acts of 19655 1965 PA 291, and any fill or structures existing before January 6 9, 1973, in waters covered for the first time by formerAct7No. 346 of the Public Acts of 19721972 PA 346. 8 (b) A seasonal structure placed on bottomland to facilitate 9 private noncommercial recreational use of the water if it does 05549'98 JCB 2 1 not unreasonably interfere with the use of the water by others 2 entitled to use the water or interfere with water flow. 3 (c) Reasonable sanding of beaches to the existing water's 4 edge by a riparian owner. 5 (d) Construction or maintenance of a private agricultural 6 drain regardless of outlet. 7 (e) A waste collection or treatment facility that is 8 approved for construction by the department of public health or 9 ordered or approved by the department. 10 (f) Construction and maintenance of minor drainage struc- 11 tures and facilitieswhichTHAT are identified by rule promul- 12 gated by the departmentpursuant toUNDER section 30110(1). 13 Before such a rule is promulgated, the rule shall be approved by 14 the majority of a committee consisting of the director, the 15 director of the department of agriculture, and the director of 16 the state transportation department or their designated 17 representatives. The initial rules shall be issued before July 18 8, 1973, and shall be reviewed at least annually after that 19 date. 20 (g) Maintenance and improvement of all drains legally estab- 21 lished or constructed prior to January 1, 1973, pursuant to the 22 drain code of 1956,Act No. 40 of the Public Acts of 1956, being23sections 280.1 to 280.630 of the Michigan Compiled Laws1956 PA 24 40, MCL 280.1 TO 280.630, except those legally established drains 25 constituting mainstream portions of certain natural watercourses 26 identified in rules promulgated by the department under section 273011030110(1). 05549'98 3 1 (h) Projects constructed under the watershed protection and 2 flood prevention act, chapter 656, 68 Stat. 666, 16 U.S.C. 1001 3 to 1008 and 1010. 4 (i) Construction and maintenance of privately owned cooling 5 or storage ponds used in connection with a public utility except 6 at the interface with public waters. 7 (j) Maintenance of a structure constructed under a permit 8 issued pursuant to this part and identified by rule promulgated 9 under section 30110(1), if the maintenance is in place and in 10 kind with no design or materials modification. 11 (K) CONSTRUCTION AND MAINTENANCE OF A FISHING PIER. 12 Sec. 32512. Unless a permit has been granted by the depart- 13 ment or authorization has been granted by the legislature, or 14 except as to FISHING PIERS OR boat wells and slips facilitating 15 private, noncommercial, recreational boat use, not exceeding 50 16 feet in length where the spoil is not disposed of below the ordi- 17 nary high-water mark of the body of water to which it is connect- 18 ed, a person shall not do any of the following: 19 (a) Construct, dredge, commence, or do any work with respect 20 to an artificial canal, channel, ditch, lagoon, pond, lake, or 21 similar waterway where the purpose is ultimate connection of the 22 waterway with any of the Great Lakes, including Lake St. Clair. 23 (b) Connect any natural or artificially constructed water- 24 way, canal, channel, ditch, lagoon, pond, lake, or similar water- 25 way with any of the Great Lakes, including Lake St. Clair, for 26 navigation or any other purpose. 05549'98 4 1 (c) Dredge or place spoil or other material on bottomland. 2 (d) Construct a marina. 05549'98 Final page. JCB