SENATE BILL No. 1369

September 21, 2000, Introduced by Senator JAYE and referred to the Committee on Natural Resources and Environmental Affairs.

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 30103 (MCL 324.30103), 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 former Act No. 291 of the Public Acts of 1965

5 1965 PA 291, and any fill or structures existing before January

6 9, 1973, in waters covered for the first time by former Act

7 No. 346 of the Public Acts of 1972 1972 PA 346.

8 (b) A seasonal structure placed on bottomland to facilitate

9 private noncommercial recreational use of the water if it does

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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 facilities which THAT are identified by rule promul-

12 gated by the department pursuant to section 30110(1) 30110.

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 THESE rules shall be issued

18 before July 8, 1973, and shall be reviewed at least annually.

19 after that 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, being

23 sections 280.1 to 280.630 of the Michigan Compiled Laws 1956 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

27 30110.

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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) 30110, if the maintenance is in place

10 and in kind with no design or materials modification.

11 (K) THE REMOVAL OF TREES AND BRANCHES FROM A RIVER, STREAM,

12 OR CREEK SO THAT UP TO 1/2 OF THE WIDTH OF THE RIVER, STREAM, OR

13 CREEK IS CLEARED OF TREES AND BRANCHES TO FACILITATE USE BY REC-

14 REATIONAL WATERCRAFT.

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