HOUSE BILL No. 5691
April 27, 2000, Introduced by Reps. Scranton, Birkholz, Godchaux and Shackleton and referred to the Committee on Great Lakes and Tourism. A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 32501, 32502, 32503, 32504, 32505, 32510, 32511, 32512, 32513, 32514, and 32515 (MCL 324.32501, 324.32502, 324.32503, 324.32504, 324.32505, 324.32510, 324.32511, 324.32512, 324.32513, 324.32514, and 324.32515), sections 32501, 32502, 32503, 32504, 32505, 32510, 32511, 32512, 32514, and 32515 as added by 1995 PA 59 and section 32513 as amended by 1999 PA 106, and by adding section 32510a and part 326. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 32501. As used in this part: , "marina 2 (A) "AGREEMENT" MEANS A CONTRACT BETWEEN THIS STATE AND 3 ANOTHER PERSON CONCERNING THE USE OF BOTTOMLANDS, EXCEPT A USE 4 FOR MARINA PURPOSES. 04148'99 ** JCB 2 1 (B) "APPLICANT" MEANS A RIPARIAN OWNER OR AN AGENT OF A 2 RIPARIAN OWNER WHO APPLIES FOR A DEED, LEASE, AGREEMENT, OR 3 PERMIT TO USE OR ALTER UNPATENTED LANDS OR AN AGREEMENT OR PERMIT 4 FOR USE OF WATER AREAS OVER PATENTED OR UNPATENTED LANDS. 5 (C) "BOTTOMLANDS" MEANS LAND IN THE GREAT LAKES, AND BAYS 6 AND HARBORS OF THE GREAT LAKES, LYING BELOW AND LAKEWARD OF THE 7 ORDINARY HIGH-WATER MARK AS DESCRIBED IN SECTION 32502. 8 (D) "CONVEYANCE" MEANS A DEED, LEASE, AGREEMENT, OR CERTIFI- 9 CATE AS PROVIDED FOR IN THIS PART. 10 (E) "DEPARTMENT" MEANS THE DEPARTMENT OF ENVIRONMENTAL 11 QUALITY. 12 (F) "DREDGING" MEANS REMOVAL OF ANY MINERAL, ORGANIC, OR 13 OTHER MATERIAL FROM OR WITHIN THE BOTTOMLANDS OR WATERS OF THE 14 GREAT LAKES BY ANY MEANS. 15 (G) "FILLING" MEANS PLACEMENT OF ANY MINERAL, ORGANIC, OR 16 OTHER MATERIAL ON THE BOTTOMLANDS OR INTO THE WATERS OF THE GREAT 17 LAKES. 18 (H) "GREAT LAKES" MEANS LAKE SUPERIOR, LAKE MICHIGAN, LAKE 19 HURON, AND LAKE ERIE, AND INCLUDES LAKE ST. CLAIR. 20 (I) "MARINA purposes" means an operation making use of 21 submerged bottomlands or filled-in bottomlands of the Great 22 Lakes for the purpose of THAT PROVIDES A service to boat owners 23 or operators, which operation may restrict or prevent the free 24 public use of the affected bottomlands. or filled-in lands. 25 (J) "NONCOMMERCIAL LOG" MEANS A PORTION OF A TREE THAT IS 26 LOCATED IN THE GREAT LAKES OR ON BOTTOMLANDS THAT THE DEPARTMENT 04148'99 ** 3 1 DETERMINES POSES A NAVIGATIONAL OR SAFETY HAZARD OR IS OF NO OR 2 LITTLE COMMERCIAL VALUE. 3 (K) "ORDINARY HIGH-WATER MARK" MEANS THE ELEVATIONS 4 DESCRIBED IN SECTION 32502. WHEN THE SOIL, CONFIGURATION OF THE 5 SURFACE, OR VEGETATION HAS BEEN ALTERED BY HUMAN ACTIVITY, THE 6 ORDINARY HIGH-WATER MARK IS LOCATED WHERE IT WOULD HAVE BEEN IF 7 THIS ALTERATION HAD NOT OCCURRED. 8 (l) "OTHER MATERIAL" MEANS ANY HUMAN-MADE STRUCTURE OR 9 INSTALLED DEVICE OR FACILITY EXTENDING OVER OR PLACED ON BOTTOM- 10 LANDS OR EXTENDING OVER OR PLACED INTO THE WATERS OF THE GREAT 11 LAKES. OTHER MATERIAL INCLUDES A HUMAN-MADE STRUCTURE OR 12 INSTALLED DEVICE OR FACILITY ATTACHED TO OR ADMINISTERED BY A 13 MARINA. OTHER MATERIAL DOES NOT INCLUDE SEASONAL OPEN PILE DOCKS 14 AND BOAT HOISTS FOR PRIVATE NONCOMMERCIAL USE BY A RIPARIAN PROP- 15 ERTY OWNER WHEN PLACED ON BOTTOMLANDS LAKEWARD OF THAT RIPARIAN 16 OWNER'S FRONTAGE. 17 (M) "PATENTED LANDS" MEANS ANY BOTTOMLANDS LYING WITHIN A 18 SPECIFIC GOVERNMENT GRANT AREA, INCLUDING A PRIVATE CLAIM PATENT 19 OR A FEDERAL PATENT. 20 (N) "PUBLIC TRUST" MEANS TITLE HELD FOR THE PEOPLE OF THIS 21 STATE, THAT THEY MAY ENJOY THE AIR, WATER, OR OTHER NATURAL 22 RESOURCES AND THE USE OF THE WATERS AND BOTTOMLANDS OF THE GREAT 23 LAKES, CARRY ON COMMERCE ON THESE WATERS AND BOTTOMLANDS, HAVE 24 LIBERTY TO FISH AND RECREATE THEREIN, FREE FROM THE OBSTRUCTION 25 OR INTERFERENCE OF PRIVATE PARTIES. THE PUBLIC TRUST IMPOSES ON 26 THE STATE A PERPETUAL DUTY TO CONSERVE AND PROTECT THE AIR, 27 WATER, AND OTHER NATURAL RESOURCES OF THIS STATE AGAINST 04148'99 ** 4 1 POLLUTION, IMPAIRMENT, OR DESTRUCTION, AND SECURE TO ITS PEOPLE 2 THE RIGHTS OF NAVIGATION, FISHING, HUNTING, AND USE OF ITS LANDS 3 AND WATERS FOR OTHER PUBLIC PURPOSES. 4 (O) "RIPARIAN OWNER" MEANS A PERSON WHO OWNS FRONTAGE BOR- 5 DERING BOTTOMLANDS. 6 (P) "RIPARIAN RIGHTS" MEANS THOSE RIGHTS THAT ARE ASSOCIATED 7 WITH THE OWNERSHIP OF FRONTAGE BORDERING BOTTOMLANDS, SUBJECT TO 8 THE PUBLIC TRUST. 9 (Q) "UNPATENTED LANDS" MEANS ALL BOTTOMLANDS EXCEPT PATENTED 10 LANDS. 11 Sec. 32502. The lands covered and affected by this part are 12 all of the unpatented lake bottomlands and unpatented made lands 13 in the Great Lakes, including the bays and harbors of the Great 14 Lakes, belonging to the state or held in trust by it, including 15 those lands that have been artificially filled in. The waters 16 covered and affected by this part are all of the waters of the 17 Great Lakes within the boundaries of the state. This part shall 18 be construed so as to preserve and protect the interests of the 19 general public in the lands and waters described in this section, 20 to provide for the sale, lease, exchange, or other disposition of 21 unpatented lands and the private or public use of waters over 22 patented and unpatented lands , and to permit the filling in of 23 patented submerged lands whenever it is determined by the 24 department that the private or public use of those lands and 25 waters will not substantially affect the public use of those 26 lands and waters for hunting, fishing, swimming, pleasure 27 boating, or navigation or that the public trust in the state will 04148'99 ** 5 1 not be impaired by those agreements for use, sales, lease, or 2 other disposition. The word "land" or "lands" as used in this 3 part refers to the aforesaid described unpatented lake bottom- 4 lands and unpatented made lands and patented lands in the Great 5 Lakes and the bays and harbors of the Great Lakes lying below and 6 lakeward of the natural ordinary high-water mark, but this part 7 does not affect property rights secured by virtue of a swamp land 8 grant or rights acquired by accretions occurring through natural 9 means or reliction. For purposes of this part, the ordinary 10 high-water mark shall be at the following elevations above sea 11 level, international Great Lakes datum of 1955 1985: Lake 12 Superior, 601.5 602.6 feet; Lakes Michigan and Huron, 579.8 13 580.5 feet; Lake St. Clair, 574.7 575.3 feet; and Lake Erie, 14 571.6 572.2 feet. 15 Sec. 32503. (1) Except as otherwise provided in this sec- 16 tion, the department, after finding that the public trust in the 17 waters will not be impaired or substantially affected, may enter 18 into agreements pertaining TO UNPATENTED LANDS OR to waters over 19 and the filling in of submerged patented lands, or to lease or 20 deed unpatented lands, after approval of the state administrative 21 board. Quitclaim deeds, leases, or agreements covering unpat- 22 ented lands may be issued or entered into by the department with 23 any person, and shall contain such terms, conditions, and 24 requirements as the department determines to be just and equita- 25 ble and in conformance with the public trust. The department 26 shall reserve to the state all mineral rights, including, but not 27 limited to, coal, oil, gas, sand, gravel, stone, and other 04148'99 ** 6 1 materials or products located or found in those lands, except 2 where lands are occupied or to be occupied for residential pur- 3 poses at the time of conveyance. 4 (2) A riparian owner shall obtain a permit from the depart- 5 ment before dredging or placing spoil or other materials on 6 bottomland. 7 (2) (3) The department OF NATURAL RESOURCES shall not 8 enter into a lease or deed of unpatented lands UNDER SECTION 503 9 that permits AUTHORIZES drilling operations for the taking of 10 oil or gas, unless all drilling operations originate from loca- 11 tions above and inland of the ordinary high-water mark. The 12 department OF NATURAL RESOURCES shall not enter into a lease or 13 deed of unpatented lands that permits AUTHORIZES drilling for 14 exploration purposes unless the drilling operations originate 15 from locations above and inland of the ordinary high-water mark. 16 (3) (4) An agreement, lease, or deed entered into under 17 this part by the department with the United States shall be 18 entered into and executed pursuant to the property rights acqui- 19 sition act, Act No. 201 of the Public Acts of 1986, being 20 section 3.251 to 3.262 of the Michigan Compiled Laws 1986 PA 21 201, MCL 3.251 TO 3.262. 22 Sec. 32504. (1) Application AN APPLICATION for a deed or 23 lease to CONVEYANCE OF unpatented lands or AN agreement for use 24 of water areas over patented lands shall be SUBMITTED on forms 25 A FORM provided by the department. An application shall include 26 a surveyed description of the lands or water area applied for, 27 together with a surveyed description of the riparian or littoral 04148'99 ** 7 1 property lying adjacent and contiguous to the lands or water 2 area, certified to by a registered land surveyor PROFESSIONAL 3 SURVEYOR AS DEFINED IN SECTION 2001 OF THE OCCUPATIONAL CODE, 4 1980 PA 299, MCL 339.2001. The description shall show the loca- 5 tion of the water's edge at the time it was prepared and other 6 information that is required by the department. The applicant 7 shall be a 1 OR MORE riparian or littoral owner or owners of 8 property touching or situated opposite the unpatented land or 9 water area over patented lands applied for or an occupant of that 10 land. The application shall include the names and mailing 11 addresses of all persons in possession or occupancy or having an 12 interest in the adjacent or contiguous riparian or littoral prop- 13 erty or having riparian or littoral rights or interests in the 14 lands or water areas applied for, and the application shall be 15 accompanied by the written consent of all persons having an 16 interest in the lands or water areas applied for in the 17 application. 18 (2) Before an application is acted upon by the department, 19 the applicant shall secure approval of or permission for his or 20 her proposed use of such lands or water area from any federal 21 agency as provided by law, the department with the advice of the 22 Michigan waterways commission, UPON RECEIPT OF AN APPLICATION 23 UNDER SUBSECTION (1), THE DEPARTMENT SHALL NOTIFY THE UNITED 24 STATES ARMY CORPS OF ENGINEERS, THE DEPARTMENT OF NATURAL 25 RESOURCES, and the legislative body of the local unit or units of 26 government within which such THE land or water area is or will 27 be included, or to which it is contiguous or adjacent. A deed, 04148'99 ** 8 1 lease, or agreement shall not be issued or entered into by the 2 department without such approvals or permission. The department 3 may also require the applicant to furnish an abstract of title 4 and ownership, and a 20-year tax history OR TITLE INSURANCE 5 POLICY on the riparian or littoral property that is contiguous or 6 adjacent to the lands or water area applied for IN THE 7 APPLICATION, as well as on the lands applied for, if available. 8 (3) The department shall require the applicant to deposit a 9 fee of not less than $50.00 for each application filed. The fee 10 shall be deposited with FORWARDED TO the state treasurer to 11 the credit of the state's general fund FOR DEPOSIT INTO THE LAND 12 AND WATER MANAGEMENT PERMIT FEE FUND CREATED IN SECTION 30113. 13 If a deed, lease, or other agreement is approved by the depart- 14 ment, the applicant is entitled to credit for the fee against the 15 consideration that is paid for the deed, lease, or other 16 agreement. 17 Sec. 32505. (1) If the department determines that it is in 18 the public interest to grant an applicant a deed or lease to 19 such THE lands or enter into an agreement to permit AUTHORIZE 20 use and improvements in the waters or to enter into any other 21 agreement in regard thereto TO THE LANDS OR WATERS, the depart- 22 ment shall determine the amount of consideration to be paid to 23 the state by the applicant for the conveyance or lease of 24 unpatented lands. 25 (2) The department may permit, by lease or agreement, the 26 filling in of patented and unpatented submerged lands and permit 04148'99 ** 9 1 permanent improvements and structures after finding that the 2 public trust will not be impaired or substantially injured. 3 (2) (3) The department may issue deeds or may enter into 4 leases if the unpatented lands applied for have been artificially 5 filled in or are proposed to be changed from the condition that 6 exists on October 14, 1955 by filling, sheet piling, shoring, or 7 by any other means, and such lands are used or to be used or 8 occupied in whole or in part for uses other than existing, lawful 9 riparian or littoral purposes. The consideration to be paid to 10 the state for the conveyance or lease of A DEED TO FILLED, 11 unpatented lands by the applicant shall be not less than the 12 fair, cash market value of the lands determined as of the date of 13 the filing of the application, minus any improvements placed on 14 the lands, but the sale price shall not be less than 30% of the 15 value of the land. In determining the fair, cash market value of 16 the lands applied for, the department may give due consideration 17 to the fact that the lands are connected with the riparian or 18 littoral property belonging to the applicant, and to the uses, 19 including residential and commercial, being made or which can be 20 made of the lands. 21 (3) (4) Agreements for the lands or water area described 22 in section 32502 may be granted to or entered into with local 23 units of government for public purposes and containing those 24 terms and conditions that may be considered just and equitable in 25 view of the public trust involved. and may include the granting 26 of permission to make such fills as may be necessary. 04148'99 ** 10 1 (5) If the unpatented lands applied for have not been 2 filled in or in any way substantially changed from their natural 3 character at the time the application is filed with the depart- 4 ment, and the application is filed for the purpose of flood con- 5 trol, shore erosion control, drainage and sanitation control, or 6 to straighten irregular shore lines, then the consideration to be 7 paid to the state by the applicant shall be the fair, cash value 8 of such land, giving due consideration to its being adjacent to 9 and connected with the riparian or littoral property owned by the 10 applicant. 11 (4) (6) Leases or agreements covering unpatented lands may 12 be granted or entered into with riparian or littoral proprietors 13 for commercial marina purposes or for marinas operated by persons 14 for consideration and containing terms and conditions that are 15 considered by the department to be just and equitable. The 16 leases may include either filled or unfilled lake bottomlands, or 17 both. Rental shall commence BEGIN as of the date of use of the 18 unpatented lands for the marina operations. Dockage and other 19 uses by marinas in waters over patented lands on October 14, 1955 20 shall be considered to be lawful riparian use. 21 (5) (7) If the department after investigation determines 22 that an applicant FOR A CONVEYANCE has willfully and knowingly 23 filled in or in any way substantially changed the lands applied 24 for with an intent to defraud, or if the applicant has acquired 25 such THE lands with knowledge of such a fraudulent intent and 26 is not an innocent purchaser, the sale price shall be the fair, 27 cash market value of the land. An applicant FOR A CONVEYANCE may 04148'99 ** 11 1 request a hearing of a determination made under this subsection. 2 The department shall grant a hearing if requested. 3 Sec. 32510. (1) Except as provided in subsection (2) (3), 4 a person who excavates or fills or in any manner alters or modi- 5 fies any of the land or waters subject to this part without the 6 approval of the department is guilty of a misdemeanor, punishable 7 by imprisonment for not more than 1 year or a fine of not more 8 than $1,000.00, or both. DOES ANY OF THE FOLLOWING IS GUILTY OF 9 A MISDEMEANOR PUNISHABLE BY A FINE OF NOT MORE THAN $10,000.00 10 PER DAY FOR EACH DAY OF VIOLATION: 11 (A) VIOLATES THIS PART OR A RULE PROMULGATED UNDER THIS 12 PART. 13 (B) VIOLATES A TERM OR CONDITION OF A PERMIT OR A CONVEYANCE 14 UNDER THIS PART. 15 (C) MAKES A FALSE STATEMENT, REPRESENTATION, OR CERTIFICA- 16 TION IN AN APPLICATION FOR OR WITH REGARD TO A PERMIT OR A CON- 17 VEYANCE UNDER THIS PART OR IN A NOTICE OR REPORT REQUIRED BY A 18 PERMIT OR A CONVEYANCE UNDER THIS PART. 19 (D) RENDERS INACCURATE ANY MONITORING DEVICE OR METHOD 20 REQUIRED TO BE MAINTAINED BY A PERMIT UNDER THIS PART. 21 (2) Land altered or modified in violation of this part shall 22 not be sold to any person convicted under this section at less 23 than fair, cash market value. 24 (3) (2) A person who commits a minor offense is guilty of 25 a misdemeanor , punishable by a fine of not more than $500.00 26 for each violation. A law enforcement officer may issue and 27 serve an appearance ticket upon a person for a minor offense 04148'99 ** 12 1 pursuant to sections 9a to 9g of chapter IV of the code of 2 criminal procedure, Act No. 175 of the Public Acts of 1927, 3 being sections 764.9a to 764.9g of the Michigan Compiled Laws 4 1927 PA 175, MCL 764.9A TO 764.9G. 5 (4) (3) As used in this section, "minor offense" means 6 either of the following violations of this part if the department 7 determines that restoration of the affected property is not 8 required: 9 (a) The failure to obtain a permit under this part. 10 (b) A violation of a permit issued under this part. 11 SEC. 32510A. (1) THE DEPARTMENT MAY BRING A CIVIL ACTION IN 12 THE CIRCUIT COURT OF THE COUNTY IN WHICH A VIOLATION OCCURS OR IN 13 INGHAM COUNTY CIRCUIT COURT TO DO 1 OR MORE OF THE FOLLOWING: 14 (A) ENFORCE COMPLIANCE WITH THIS PART AND THE RULES PROMUL- 15 GATED UNDER THIS PART. 16 (B) RESTRAIN A VIOLATION OF THIS PART OR THE RULES PROMUL- 17 GATED UNDER THIS PART. 18 (C) ENJOIN THE FURTHER PERFORMANCE OF, OR ORDER THE REMOVAL 19 OF, ANY PROJECT THAT IS UNDERTAKEN CONTRARY TO THIS PART OR THE 20 RULES PROMULGATED UNDER THIS PART. 21 (D) ORDER THE RESTORATION OF AN AREA AFFECTED BY A VIOLATION 22 OF THIS PART OR THE RULES PROMULGATED UNDER THIS PART TO ITS 23 PRIOR CONDITION. 24 (2) IN AN ACTION BROUGHT UNDER THIS SECTION, THE CIRCUIT 25 COURT, IN ADDITION TO ANY OTHER RELIEF GRANTED, MAY ASSESS A 26 CIVIL FINE OF NOT MORE THAN $5,000.00 PER DAY FOR EACH DAY OF 27 VIOLATION OF THIS PART OR THE RULES PROMULGATED UNDER THIS PART. 04148'99 ** 13 1 (3) ANY CIVIL FINE OR REMEDY ASSESSED, SOUGHT, OR AGREED TO 2 BY THE DEPARTMENT SHALL BE APPROPRIATE TO THE VIOLATION. 3 Sec. 32511. (1) A riparian owner may apply to the depart- 4 ment for a certificate suitable for recording indicating the 5 location of his or her lakeward boundary or indicating that the 6 land involved has accreted to his or her property as a result of 7 natural accretions or placement of a lawful, permanent 8 structure. The application shall be accompanied by a fee of 9 $200.00 $500.00 and proof of upland ownership. 10 (2) THE DEPARTMENT SHALL FORWARD FEES COLLECTED UNDER THIS 11 SECTION TO THE STATE TREASURER FOR DEPOSIT INTO THE LAND AND 12 WATER MANAGEMENT PERMIT FEE FUND CREATED IN SECTION 30113. 13 Sec. 32512. (1) Unless a permit has been granted by the 14 department or authorization has been granted by the legislature, 15 or except as to boat wells and slips facilitating private, non- 16 commercial, recreational boat use, not exceeding 50 feet in 17 length where the spoil is not disposed of below the ordinary 18 high-water mark of the body of water to which it is connected, a 19 person EXCEPT AS PROVIDED IN SUBSECTION (2) AND AS OTHERWISE 20 PROVIDED IN THIS PART, A PERSON shall not do any of the following 21 WITHOUT A PERMIT FROM THE DEPARTMENT: 22 (a) Construct, dredge, commence, or do any work with respect 23 to an artificial canal, channel, ditch, lagoon, pond, lake, or 24 similar waterway where the purpose is ultimate connection of the 25 waterway with any of the Great Lakes, including Lake St. Clair. 26 (b) Connect any natural or artificially constructed 27 waterway, canal, channel, ditch, lagoon, pond, lake, or similar 04148'99 ** 14 1 waterway with any of the Great Lakes, including Lake St. Clair, 2 for navigation or any other purpose. 3 (c) Dredge or place spoil or other material on bottomland OR 4 IN WATERS OF THE GREAT LAKES. 5 (d) Construct a marina. 6 (E) REMOVE NONCOMMERCIAL LOGS FROM THE GREAT LAKES OR 7 BOTTOMLANDS. 8 (2) A PERSON IS NOT REQUIRED TO OBTAIN A PERMIT UNDER THIS 9 PART FOR EITHER OF THE FOLLOWING: 10 (A) SEASONAL, PRIVATE, NONCOMMERCIAL DOCKS AND BOAT HOISTS. 11 (B) MAINTENANCE OF A STRUCTURE CONSTRUCTED UNDER A PERMIT 12 ISSUED UNDER THIS PART, IF THE MAINTENANCE IS IN PLACE AND IN 13 KIND WITH NO DESIGN OR MATERIALS MODIFICATION. 14 Sec. 32513. (1) Before any work or connection specified in 15 section 32512 32512(1) is undertaken, a person AN APPLICANT 16 shall file an application with ON A FORM PROVIDED BY the 17 department of environmental quality setting forth the 18 following: 19 (a) The name and address of the applicant. 20 (b) The legal description of the lands included in the 21 project. 22 (c) A summary statement of the purpose of the project. 23 (d) A map or diagram showing the proposal on an adequate 24 scale with contours and cross-section profiles of the waterway 25 to be constructed PROPOSED WORK. 26 (e) Other information required by the department of 27 environmental quality. 04148'99 ** 15 1 (2) Except as provided in subsections (3) and (4), an 2 application for a permit under this section shall be accompanied 3 by a fee according to the following schedule: 4 (a) Until October 1, 2003: 5 (i) For activities included in the minor project category as 6 described in rules promulgated under this part, $50.00. 7 (ii) For construction or expansion of a marina, a fee of: 8 (A) $50.00 for an expansion of 1-10 slips to an existing 9 permitted marina. 10 (B) $100.00 for a new marina with 1-10 proposed marina 11 slips. 12 (C) $250.00 for an expansion of 11-50 slips to an existing 13 permitted marina, plus $10.00 for each slip over 50. 14 (D) $500.00 for a new marina with 11-50 proposed marina 15 slips, plus $10.00 for each slip over 50. 16 (E) $1,500.00 if an existing permitted marina proposes main- 17 tenance dredging of 10,000 cubic yards or more or the addition of 18 seawalls, bulkheads, or revetments of 500 feet or more. 19 (iii) For major projects other than a project described in 20 subparagraph (ii)(E), involving any of the following, a fee of 21 $2,000.00: 22 (A) Dredging of 10,000 cubic yards or more. 23 (B) Filling of 10,000 cubic yards or more. 24 (C) Seawalls, bulkheads, or revetment of 500 feet or more. 25 (D) Filling or draining of 1 acre or more of coastal 26 wetland. 04148'99 ** 16 1 (E) New dredging or upland boat basin excavation in areas of 2 suspected contamination. 3 (F) New breakwater or channel jetty. 4 (G) Shore protection, such as groins and underwater stabi- 5 lizers, that extend 150 feet or more on Great Lakes bottomlands. 6 (H) New commercial dock or wharf of 300 feet or more in 7 length. 8 (iv) For all other projects not listed in subparagraphs (i) 9 through (iii), $500.00. 10 (b) Beginning October 1, 2003, a fee of $50.00 for any 11 project listed in subdivision (a). 12 (3) A project that requires review and approval under this 13 part and 1 or more of the following is subject to only the single 14 highest permit fee required under this part or the following: 15 (a) Part 301. 16 (b) Part 303. 17 (c) Part 323. 18 (d) Section 3104. 19 (e) Section 117 of the land division act, 1967 PA 288, MCL 20 560.117. 21 (4) If work has been done in violation of a permit require- 22 ment under this part and restoration is not ordered by the 23 department, of environmental quality, the department of envi- 24 ronmental quality may accept an application for a permit if the 25 application is accompanied by a fee equal to 2 times the permit 26 fee required under this section. 04148'99 ** 17 1 (5) The department of environmental quality shall forward 2 all fees collected under this section to the state treasurer for 3 deposit into the land and water management permit fee fund cre- 4 ated in section 30113. 5 Sec. 32514. Upon EXCEPT FOR ACTIVITIES INCLUDED IN THE 6 MINOR PROJECT CATEGORY AS DESCRIBED IN RULES PROMULGATED UNDER 7 THIS PART, UPON receipt of the A CONVEYANCE OR PERMIT applica- 8 tion, the department shall mail copies to the department of 9 public COMMUNITY health, THE DEPARTMENT OF NATURAL RESOURCES, 10 the clerks of the county, AND THE city, village, and OR town- 11 ship, and the drain commissioner of the county or, if none, the 12 COUNTY road commissioner COMMISSION of the county, in which the 13 project or body of water affected is located, and to the adjacent 14 riparian owners, accompanied by a statement that unless a written 15 objection is filed with the department within 20 days after the 16 mailing of the copies, the department may take action to grant 17 the application. The department may set the application for 18 public hearing. At least 10 days' notice of the hearing shall be 19 given by publication in a newspaper circulated in the county and 20 by mailing copies of the notice to the persons named in this 21 section. IF THE DEPARTMENT DETERMINES THAT AN EMERGENCY EXISTS, 22 THE DEPARTMENT MAY ISSUE A CONDITIONAL PERMIT BEFORE THE EXPIRA- 23 TION OF THE 20-DAY COMMENT PERIOD. 24 Sec. 32515. If the department finds that the project will 25 not injure the public trust or interest including fish and game 26 habitat, that the project conforms to the requirements of law for 27 sanitation, and that no material injury to the rights of any 04148'99 ** 18 1 riparian owners on any body of water affected will result, the 2 department shall issue a permit authorizing enlargement of the 3 waterway affected. The permit shall provide that the artificial 4 waterway shall be a public waterway, except intake or discharge 5 canals or channels on property owned, controlled, and used by a 6 public utility. 7 (1) THE DEPARTMENT SHALL NOT ISSUE A PERMIT UNDER THIS PART 8 UNLESS IT DETERMINES ALL OF THE FOLLOWING: 9 (A) THAT THE NEED FOR THE PROPOSED WORK HAS BEEN CLEARLY 10 DEMONSTRATED. 11 (B) THAT THE PROPOSED WORK IS WATER DEPENDENT. 12 (C) THAT THE IMPACTS FROM THE PROPOSED WORK, INCLUDING, BUT 13 NOT LIMITED TO, IMPACTS TO THE WATERS, PUBLIC TRUST, NATURAL 14 RESOURCES, NAVIGATION, AND ADJACENT RIPARIAN OWNERS, IS MINIMAL 15 AND MITIGATED TO THE EXTENT PRACTICABLE. 16 (D) THAT NO FEASIBLE AND PRUDENT ALTERNATIVES ARE 17 AVAILABLE. AN ALTERNATIVE IS FEASIBLE AND PRUDENT IF THE ALTER- 18 NATIVE IS PRACTICABLE AND CAPABLE OF BEING DONE WITH EXISTING 19 TECHNOLOGY AND AT A SIMILAR COST OR A REASONABLE COST INCREASE 20 AND THE ALTERNATIVE WOULD HAVE LESS IMPACT ON THE WATERS, PUBLIC 21 TRUST, NATURAL RESOURCES INCLUDING COASTAL PROCESSES, NAVIGATION, 22 AND ADJACENT RIPARIAN PROPERTY OWNERS. THE APPLICANT SHALL 23 DEMONSTRATE THAT, GIVEN ALL PERTINENT INFORMATION, THERE ARE NO 24 FEASIBLE AND PRUDENT ALTERNATIVES THAT HAVE LESS IMPACT ON THE 25 WATERS, PUBLIC TRUST, NATURAL RESOURCES, NAVIGATION, AND ADJACENT 26 RIPARIAN PROPERTY OWNERS. 04148'99 ** 19 1 (2) THE DEPARTMENT MAY REQUIRE A PERSON PROPOSING TO 2 UNDERTAKE AN ACTIVITY THAT REQUIRES A PERMIT UNDER THIS PART TO 3 PROVIDE A PERFORMANCE BOND OR OTHER ACCEPTABLE GUARANTEE BEFORE 4 ISSUING A PERMIT FOR PROJECTS WITH THE POTENTIAL FOR SIGNIFICANT 5 IMPACT OR TO ENSURE THE APPLICANT SATISFACTORILY COMPLETES THE 6 PROJECT DURING THE PERIOD OF THE PERMIT. The department may 7 impose further conditions in the permit that it finds reasonably 8 necessary to protect the public health, safety, welfare, trust, 9 and interest, and private rights and property. The existing and 10 future owners of land fronting on the artificial waterway are 11 liable for maintenance of the waterway in accordance with the 12 conditions of the permit. 13 PART 326 14 GREAT LAKES SUBMERGED LOGS RECOVERY 15 SEC. 32601. AS USED IN THIS PART: 16 (A) "BOTTOMLANDS" MEANS THAT TERM AS DEFINED IN SECTION 17 32501. 18 (B) "DEPARTMENT" MEANS THE DEPARTMENT OF ENVIRONMENTAL 19 QUALITY. 20 (C) "FAIR MARKET VALUE" MEANS THE PRICE BASED UPON THE 21 UNIQUE HISTORICAL AND PHYSICAL PROPERTIES, INCLUDING, BUT NOT 22 LIMITED TO, SPECIES, GROWTH RATES, VOLUME, AND CONDITION OF THE 23 SUBMERGED LOGS AS CALCULATED AT DOCKSIDE FOLLOWING DELIVERY TO 24 SHORE. 25 (D) "FUND" MEANS THE SUBMERGED LOG RECOVERY FUND CREATED IN 26 SECTION 32610. 04148'99 ** 20 1 (E) "GREAT LAKES" MEANS LAKE SUPERIOR, LAKE MICHIGAN, LAKE 2 HURON, AND LAKE ERIE, AND INCLUDES LAKE ST. CLAIR. 3 (F) "ORDINARY HIGH-WATER MARK" MEANS THE ELEVATIONS 4 DESCRIBED IN SECTION 32502. WHEN THE SOIL, CONFIGURATION OF THE 5 SURFACE, OR VEGETATION HAS BEEN ALTERED BY HUMAN ACTIVITY, THE 6 ORDINARY HIGH-WATER MARK IS LOCATED WHERE IT WOULD HAVE BEEN IF 7 THIS ALTERATION HAD NOT OCCURRED. 8 (G) "PATENTED LANDS" MEANS ANY BOTTOMLANDS LYING WITHIN A 9 SPECIFIC GOVERNMENT GRANT AREA, INCLUDING A PRIVATE CLAIM PATENT 10 OR FEDERAL PATENT. 11 (H) "PUBLIC TRUST" MEANS TITLE HELD FOR THE PEOPLE OF THIS 12 STATE, THAT THEY MAY ENJOY THE AIR, WATER, OR OTHER NATURAL 13 RESOURCES AND THE USE OF THE SURFACE WATERS AND BOTTOMLANDS OF 14 THE GREAT LAKES, CARRY ON COMMERCE ON THESE WATERS AND BOTTOM- 15 LANDS, HAVE LIBERTY TO FISH AND RECREATE THEREIN, FREE FROM THE 16 OBSTRUCTION OR INTERFERENCE OF PRIVATE PARTIES. THE PUBLIC TRUST 17 IMPOSES ON THE STATE A PERPETUAL DUTY TO CONSERVE AND PROTECT THE 18 AIR, WATER, AND OTHER NATURAL RESOURCES OF THIS STATE AGAINST 19 POLLUTION, IMPAIRMENT, OR DESTRUCTION, AND SECURE TO ITS PEOPLE 20 THE RIGHTS OF NAVIGATION, FISHING, HUNTING, AND USE OF ITS LANDS 21 AND WATERS FOR OTHER PUBLIC PURPOSES. 22 (I) "RIPARIAN OWNER" MEANS A PERSON WHO OWNS FRONTAGE BOR- 23 DERING GREAT LAKES BOTTOMLANDS. 24 (J) "RIPARIAN RIGHTS" MEANS THOSE RIGHTS THAT ARE ASSOCIATED 25 WITH THE OWNERSHIP OF FRONTAGE BORDERING BOTTOMLANDS, SUBJECT TO 26 THE PUBLIC TRUST. 04148'99 ** 21 1 (K) "SUBMERGED LOG" MEANS A PORTION OF THE TRUNK OF A FELLED 2 TREE THAT HAS NOT BEEN FURTHER PROCESSED FOR ANY END USE AND IS 3 LOCATED ON, IN, OVER, OR UNDER BOTTOMLANDS. 4 (l) "UNPATENTED LANDS" MEANS ALL BOTTOMLANDS EXCEPT SUB- 5 MERGED PATENTED LANDS. 6 SEC. 32602. THIS STATE RESERVES TO ITSELF TITLE AND OWNER- 7 SHIP OF ALL SUBMERGED LOGS LYING ON OR OVER, EMBEDDED IN, OR 8 BURIED UNDER UNPATENTED LANDS. 9 SEC. 32603. (1) EXCEPT FOR THE REMOVAL OF NONCOMMERCIAL 10 LOGS REGULATED UNDER PART 325, A PERSON SHALL OBTAIN A PERMIT 11 FROM THE DEPARTMENT UNDER THIS PART PRIOR TO REMOVING SUBMERGED 12 LOGS FROM BOTTOMLANDS. 13 (2) THE DEPARTMENT MAY ISSUE A PERMIT UNDER THIS PART TO A 14 PERSON FOR THE REMOVAL OF SUBMERGED LOGS FROM SUBMERGED PATENTED 15 LANDS IF PERMISSION IS RECEIVED FROM THE LAWFUL OWNER OF THE SUB- 16 MERGED PATENTED LANDS. 17 (3) A PERSON SHALL NOT RECOVER, ALTER, OR DESTROY ABANDONED 18 PROPERTY AS DEFINED IN PART 761 WHILE ENGAGING IN SUBMERGED LOG 19 REMOVAL OPERATIONS UNDER A SUBMERGED LOG REMOVAL PERMIT ISSUED 20 UNDER THIS PART. 21 SEC. 32604. (1) FOR CALENDAR YEAR 2000, THE DEPARTMENT 22 SHALL ESTABLISH A TIME PERIOD FOR THE SUBMISSION OF APPLICATIONS 23 FOR SUBMERGED LOG REMOVAL PERMITS UNDER THIS PART. BEGINNING IN 24 2001, AND EACH YEAR THEREAFTER, APPLICATIONS SHALL BE SUBMITTED 25 BETWEEN JANUARY 1 AND JANUARY 31 OF EACH CALENDAR YEAR. 04148'99 ** 22 1 (2) AN APPLICATION FOR A SUBMERGED LOG REMOVAL PERMIT SHALL 2 BE SUBMITTED IN WRITING ON A FORM PROVIDED BY THE DEPARTMENT AND 3 SHALL INCLUDE ALL OF THE FOLLOWING: 4 (A) A DESCRIPTION OF THE PROPOSED BOTTOMLAND LOG REMOVAL 5 AREA WITH BOUNDARIES DELINEATED BY LORAN-C, GPS, OR LATITUDE AND 6 LONGITUDE. THE PROPOSED BOTTOMLAND LOG REMOVAL AREA SHALL BE A 7 CONTIGUOUS AREA BETWEEN 40 AND 160 ACRES. THE AREA PROPOSED 8 SHALL BE SQUARE OR RECTANGULAR IN AREA, AND THE LENGTH SHALL NOT 9 EXCEED THE WIDTH BY MORE THAN A FACTOR OF 3. 10 (B) A DESCRIPTION OF THE METHODS TO BE USED TO RAISE THE 11 SUBMERGED LOGS, THE TIME OF YEAR DURING WHICH SUBMERGED LOGS WILL 12 BE RAISED, AND THE PROCEDURES TO BE USED FOR TRANSFERRING LOGS TO 13 THE SHORE. 14 (C) IDENTIFICATION OF ANY ADVERSE ENVIRONMENTAL IMPACTS 15 ASSOCIATED WITH THE PROPOSED SUBMERGED LOG REMOVAL METHOD. 16 (D) IDENTIFICATION OF THE STEPS PROPOSED TO MITIGATE ANY 17 ADVERSE ENVIRONMENTAL IMPACTS CAUSED BY THE PROPOSED SUBMERGED 18 LOG REMOVAL OPERATION. 19 (E) OTHER INFORMATION THAT THE DEPARTMENT CONSIDERS NECES- 20 SARY IN EVALUATING A SUBMERGED LOG REMOVAL PERMIT APPLICATION. 21 (F) A $4,000.00 APPLICATION FEE. 22 (3) AN APPLICATION FOR A SUBMERGED LOG REMOVAL PERMIT IS NOT 23 COMPLETE UNTIL ALL INFORMATION REQUESTED ON THE APPLICATION FORM 24 AND ANY OTHER INFORMATION REQUESTED BY THE DEPARTMENT ARE 25 RECEIVED. THE DEPARTMENT SHALL NOTIFY THE APPLICANT IN WRITING 26 WHEN AN APPLICATION IS DEFICIENT. THE APPLICANT SHALL SUBMIT THE 27 REQUESTED INFORMATION TO THE DEPARTMENT WITHIN 30 DAYS AFTER THE 04148'99 ** 23 1 DATE THE NOTICE IS PROVIDED. IF THE APPLICANT FAILS TO RESPOND 2 WITHIN THE 30-DAY PERIOD, THE DEPARTMENT SHALL DENY THE SUBMERGED 3 LOG REMOVAL PERMIT UNLESS THE APPLICANT REQUESTS AND THE DEPART- 4 MENT APPROVES AN EXTENSION OF TIME BASED UPON THE APPLICANT'S 5 REASONABLE JUSTIFICATION FOR THE EXTENSION. 6 (4) APPLICATION FEES RECEIVED UNDER THIS SECTION SHALL BE 7 FORWARDED TO THE STATE TREASURER FOR DEPOSIT INTO THE FUND. 8 SEC. 32605. UPON RECEIVING A COMPLETE APPLICATION FOR A 9 SUBMERGED LOG REMOVAL PERMIT, THE DEPARTMENT SHALL DO BOTH OF THE 10 FOLLOWING: 11 (A) PLACE THE APPLICATION ON PUBLIC NOTICE FOR A 20-DAY 12 PERIOD FOR REVIEW AND COMMENT. 13 (B) SUBMIT A COPY TO THE DEPARTMENT OF NATURAL RESOURCES AND 14 THE DEPARTMENT OF STATE FOR THEIR REVIEW AND COMMENT. 15 SEC. 32606. (1) THE DEPARTMENT SHALL REVIEW EACH COMPLETE 16 APPLICATION RECEIVED FOR A SUBMERGED LOG REMOVAL PERMIT AND SHALL 17 NOT ISSUE A PERMIT UNLESS THE DEPARTMENT DETERMINES BOTH OF THE 18 FOLLOWING: 19 (A) THAT ANY ADVERSE IMPACTS, INCLUDING, BUT NOT LIMITED TO, 20 IMPACTS TO THE ENVIRONMENT, NATURAL RESOURCES, RIPARIAN RIGHTS, 21 AND THE PUBLIC TRUST ARE MINIMAL AND WILL BE MITIGATED TO THE 22 EXTENT PRACTICABLE. 23 (B) THAT THE PROPOSED ACTIVITY WILL NOT UNREASONABLY AFFECT 24 THE PUBLIC HEALTH, SAFETY, AND WELFARE. 25 (2) THE DEPARTMENT MAY DETERMINE THAT CERTAIN AREAS WITHIN A 26 PROPOSED BOTTOMLAND LOG REMOVAL AREA DESCRIBED IN AN APPLICATION 27 FOR A SUBMERGED LOG REMOVAL PERMIT SHALL NOT BE AUTHORIZED FOR 04148'99 ** 24 1 SUBMERGED LOG REMOVAL BASED UPON ADVERSE IMPACTS, INCLUDING, BUT 2 NOT LIMITED TO, ADVERSE IMPACTS TO THE ENVIRONMENT, NATURAL 3 RESOURCES, RIPARIAN RIGHTS, AND THE PUBLIC TRUST. 4 SEC. 32607. (1) THE DEPARTMENT SHALL NOT AUTHORIZE THE SAME 5 BOTTOMLAND LOG REMOVAL AREA IN MORE THAN 1 SUBMERGED LOG REMOVAL 6 PERMIT AT ANY 1 TIME. 7 (2) THE DEPARTMENT MAY MODIFY THE BOUNDARIES OF A PROPOSED 8 BOTTOMLAND LOG REMOVAL AREA IN A SUBMERGED LOG REMOVAL PERMIT TO 9 AVOID OVERLAPS WITH OTHER ACTIVE SUBMERGED LOG REMOVAL PERMITS OR 10 ADVERSE IMPACTS, INCLUDING, BUT NOT LIMITED TO, IMPACTS TO THE 11 ENVIRONMENT, NATURAL RESOURCES, RIPARIAN RIGHTS, AND THE PUBLIC 12 TRUST. 13 (3) A SUBMERGED LOG REMOVAL PLAN APPROVED BY THE DEPARTMENT 14 SHALL BE INCLUDED IN EACH SUBMERGED LOG REMOVAL PERMIT. 15 (4) A SUBMERGED LOG REMOVAL PERMIT SHALL CONTAIN TERMS AND 16 CONDITIONS THAT ARE DETERMINED BY THE DEPARTMENT TO PROTECT THE 17 ENVIRONMENT, NATURAL RESOURCES, RIPARIAN RIGHTS, AND THE PUBLIC 18 TRUST. 19 (5) THE TERM OF EACH SUBMERGED LOG REMOVAL PERMIT SHALL NOT 20 BE MORE THAN 5 YEARS. WITHIN 6 MONTHS PRIOR TO THE EXPIRATION OF 21 A SUBMERGED LOG REMOVAL PERMIT AND UPON WRITTEN REQUEST OF THE 22 APPLICANT, THE PERMIT MAY, AT THE DISCRETION OF THE DEPARTMENT, 23 BE RENEWED FOR AN ADDITIONAL 2 YEARS UPON PAYMENT OF A $500.00 24 PROCESSING FEE. PROCESSING FEES RECEIVED UNDER THIS SUBSECTION 25 SHALL BE FORWARDED TO THE STATE TREASURER FOR DEPOSIT INTO THE 26 FUND. 04148'99 ** 25 1 (6) A SUBMERGED LOG REMOVAL PERMIT ISSUED UNDER THIS SECTION 2 IS NOT TRANSFERRABLE UNLESS APPROVED IN WRITING BY THE 3 DEPARTMENT. 4 (7) AN APPLICANT FOR A SUBMERGED LOG REMOVAL PERMIT SHALL 5 PROVIDE A $100,000.00 PERFORMANCE BOND ACCEPTABLE TO THE DEPART- 6 MENT PRIOR TO ISSUANCE OF A SUBMERGED LOG REMOVAL PERMIT BY THE 7 DEPARTMENT. THE PERFORMANCE BOND SHALL ENSURE COMPLIANCE WITH 8 THE SUBMERGED LOG REMOVAL PERMIT FOR THE PERIOD OF THE PERMIT OR 9 UNTIL THE AUTHORIZED SUBMERGED LOG REMOVAL IS COMPLETED TO THE 10 SATISFACTION OF THE DEPARTMENT AND ALL PAYMENTS UNDER SECTION 11 32609 HAVE BEEN MADE. THE DEPARTMENT SHALL ISSUE A WRITTEN 12 STATEMENT RELEASING THE PERMITTEE AND BONDING COMPANY UPON TERMI- 13 NATION OF THE SUBMERGED LOG REMOVAL PERMIT AND UPON SATISFACTION 14 OF THE DEPARTMENT AS TO THE COMPLIANCE OF THE PERMITTEE WITH THE 15 TERMS AND CONDITIONS OF THE PERMIT. THE DEPARTMENT MAY DRAW UPON 16 THE PERFORMANCE BOND FOR DELINQUENT PAYMENTS AS REQUIRED IN SEC- 17 TION 32609. 18 (8) A PERMITTEE MAY REQUEST, IN WRITING, AND THE DEPARTMENT 19 MAY GRANT, TERMINATION OF A SUBMERGED LOG REMOVAL PERMIT PRIOR TO 20 THE EXPIRATION DATE, INCLUDING RELEASE FROM QUARTERLY REPORTS AND 21 PERFORMANCE BOND REQUIREMENTS. 22 SEC. 32608. (1) THE DEPARTMENT MAY PROMULGATE RULES TO 23 IMPLEMENT THIS PART. 24 (2) THE DEPARTMENT MAY HOLD A PUBLIC HEARING ON AN APPLICA- 25 TION FOR A SUBMERGED LOG REMOVAL PERMIT IF THE DEPARTMENT DESIRES 26 ADDITIONAL INFORMATION BEFORE MAKING A DECISION ON THE PERMIT 04148'99 ** 26 1 APPLICATION, OR UPON REQUEST, IF SUCH REQUEST IS MADE WITHIN THE 2 PUBLIC NOTICE PERIOD. 3 (3) AN APPLICANT FOR A SUBMERGED LOG REMOVAL PERMIT OR A 4 RIPARIAN OWNER WHO IS AGGRIEVED BY AN ACTION OR INACTION OF THE 5 DEPARTMENT UNDER THIS PART MAY REQUEST A FORMAL HEARING ON THE 6 MATTER, PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT OF 1969, 7 1969 PA 306, MCL 24.201 TO 24.328, WITHIN 60 DAYS OF THE NOTICE 8 OF THE DEPARTMENT'S DECISION. 9 SEC. 32609. (1) THE STATE RESERVES A PAYMENT OF 30% OF THE 10 FAIR MARKET VALUE OF EACH SUBMERGED LOG THAT IS REMOVED FROM 11 UNPATENTED LANDS. 12 (2) THE DEPARTMENT SHALL CONDUCT A STUDY TO DETERMINE THE 13 FAIR MARKET VALUE OF SUBMERGED LOGS AS THE BASIS FOR THE PAYMENTS 14 DESCRIBED IN SUBSECTION (1). THE STUDY SHALL BE COMPLETED WITHIN 15 6 MONTHS AFTER THE EFFECTIVE DATE OF THIS PART. THE STUDY SHALL 16 BE UPDATED AS NECESSARY AS DETERMINED BY THE DEPARTMENT. THE 17 DEPARTMENT MAY CONDUCT THE STUDY OR UPDATES OR ENTER INTO A CON- 18 TRACT WITH A QUALIFIED PERSON TO CONDUCT THE STUDY OR UPDATES. 19 (3) THE HOLDER OF A SUBMERGED LOG REMOVAL PERMIT UNDER THIS 20 PART SHALL PROVIDE THE DEPARTMENT WITH A DETAILED REPORT AND ALL 21 PAYMENTS DUE UNDER THIS SECTION WITHIN 30 DAYS AFTER THE CLOSE OF 22 EACH CALENDAR QUARTER. THE REPORT SHALL INCLUDE AN ACCURATE 23 SCALING OF ALL SUBMERGED LOGS REMOVED, BY SPECIES. THE PERMITTEE 24 SHALL PROVIDE FOR AN INDEPENDENT AGENT, APPROVED BY THE DEPART- 25 MENT IN WRITING, TO CONDUCT THE SCALING AND SPECIES 26 DETERMINATION. 04148'99 ** 27 1 (4) ALL PAYMENTS RECEIVED UNDER THIS SECTION SHALL BE 2 FORWARDED TO THE STATE TREASURER FOR DEPOSIT INTO THE FUND. 3 (5) AFTER A PERMITTEE IS NOTIFIED IN WRITING THAT A PAYMENT 4 UNDER THIS SECTION IS OVERDUE, THE DEPARTMENT MAY ORDER SUSPEN- 5 SION OF THE SUBMERGED LOG REMOVAL PERMIT UNTIL THE PAYMENT IS 6 SUBMITTED IN FULL. THE PERMITTEE SHALL NOT RESUME SUBMERGED LOG 7 REMOVAL OPERATIONS UNTIL THE DEPARTMENT PROVIDES WRITTEN AUTHORI- 8 ZATION FOR THE OPERATIONS TO RESUME. 9 SEC. 32612. (1) THE DEPARTMENT MAY BRING A CIVIL ACTION 10 AGAINST A PERSON IN THE CIRCUIT COURT OF THE COUNTY IN WHICH A 11 VIOLATION OCCURS OR IN INGHAM COUNTY CIRCUIT COURT TO DO 1 OR 12 MORE OF THE FOLLOWING: 13 (A) ENFORCE COMPLIANCE WITH THIS PART AND THE RULES PROMUL- 14 GATED UNDER THIS PART. 15 (B) RESTRAIN A VIOLATION OF THIS PART OR THE RULES PROMUL- 16 GATED UNDER THIS PART. 17 (C) ENJOIN THE FURTHER PERFORMANCE OF, OR ORDER THE REMOVAL 18 OF, ANY PROJECT THAT IS UNDERTAKEN CONTRARY TO THIS PART OR THE 19 RULES PROMULGATED UNDER THIS PART. 20 (D) ENFORCE A PERMIT ISSUED UNDER THIS PART. 21 (E) ORDER THE RESTORATION OF AN AREA AFFECTED BY A VIOLATION 22 OF THIS PART OR THE RULES PROMULGATED UNDER THIS PART TO ITS 23 PRIOR CONDITION. 24 (2) IN AN ACTION BROUGHT UNDER THIS SECTION, THE CIRCUIT 25 COURT, IN ADDITION TO ANY OTHER RELIEF GRANTED, MAY ASSESS A 26 CIVIL FINE OF NOT MORE THAN $5,000.00 PER DAY FOR EACH DAY OF 27 VIOLATION OF THIS PART OR THE RULES PROMULGATED UNDER THIS PART. 04148'99 ** 28 1 (3) ANY CIVIL FINE OR REMEDY ASSESSED, SOUGHT, OR AGREED TO 2 BY THE DEPARTMENT SHALL BE APPROPRIATE TO THE VIOLATION. 3 (4) CIVIL FINES RECOVERED UNDER THIS SECTION SHALL BE FOR- 4 WARDED TO THE STATE TREASURER FOR DEPOSIT INTO THE FUND. 5 SEC. 32613. (1) A PERSON WHO DOES ANY OF THE FOLLOWING IS 6 GUILTY OF A MISDEMEANOR PUNISHABLE BY A FINE OF NOT MORE THAN 7 $10,000.00 PER DAY FOR EACH DAY OF VIOLATION: 8 (A) VIOLATES THIS PART OR A RULE PROMULGATED UNDER THIS 9 PART. 10 (B) VIOLATES A PERMIT ISSUED UNDER THIS PART. 11 (C) MAKES A FALSE STATEMENT, REPRESENTATION, OR CERTIFICA- 12 TION IN AN APPLICATION FOR OR WITH REGARD TO A PERMIT OR IN A 13 NOTICE OR REPORT REQUIRED BY A PERMIT. 14 (D) RENDERS INACCURATE ANY MONITORING DEVICE OR METHOD 15 REQUIRED TO BE MAINTAINED BY A PERMIT. 16 (2) IN ADDITION TO ANY OTHER PENALTY PROVIDED IN THIS SEC- 17 TION, A COURT SHALL ORDER A PERSON CONVICTED UNDER THIS SECTION 18 TO RETURN TO THE STATE ANY LOGS REMOVED FROM BOTTOMLANDS IN VIO- 19 LATION OF THIS PART OR THE RULES PROMULGATED UNDER THIS PART, OR 20 TO COMPENSATE THE STATE FOR THE FULL MARKET VALUE OF THE LOGS. 21 IF THE PERSON CONVICTED UNDER THIS SECTION HAD BEEN ISSUED A 22 PERMIT UNDER THIS PART, THE PERMIT IS VOID AS OF THE DATE OF 23 CONVICTION. 24 Enacting section 1. This amendatory act does not take 25 effect unless Senate Bill No. _____ or House Bill No. 5690 26 (request no. 03252'99 *) of the 90th Legislature is enacted into 27 law. 04148'99 **