November 6, 2003, Introduced by Reps. Casperson, Hummel, Pappageorge, Pastor, Nitz, Palmer, Huizenga, Newell, Voorhees, Vander Veen, Caul, Ward, Stahl, Emmons, Farhat, Tabor, Shackleton, Kooiman, Mortimer, Caswell, Garfield and Taub and referred to the Committee on Transportation.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 30312 (MCL 324.30312), as amended by 2003 PA
14.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 30312. (1) The department, after notice and
2 opportunity for a public hearing, may issue general permits on a
3 statewide basis or within a local unit of government for a
4 category of activities if the department determines that the
5 activities are similar in nature, will cause only minimal adverse
6 environmental effects when performed separately, and will have
7 only minimal cumulative adverse effect on the environment. A
8 general permit issued under this subsection shall be based on the
9 requirements of this part and the rules promulgated under this
10 part, and shall set forth the requirements and standards that
1 shall apply to an activity authorized by the general permit.
2 (2) The Subject
to subsection (3), the department may
3 impose conditions on a permit for a use or development if the
4 conditions are designed
to remove do 1 or more of the
5 following:
6 (a) Remove an
impairment to the wetland benefits. , to
7 mitigate
8 (b) Mitigate
the impact of a discharge of fill material. ,
9 or to otherwise
10 (c) Otherwise improve the water quality.
11 (3) If both of the following requirements are met, the
12 department shall not impose conditions under subsection (2)(b) on
13 a permit for an activity undertaken in conjunction with road
14 work, without the consent of the entity with legal jurisdiction
15 over the road:
16 (a) The road was in existence on the effective date of the
17 amendatory act that added this subsection.
18 (b) The activity takes place within the right-of-way of the
19 road.
20 (4) (3) The
department may establish a reasonable time when
21 the construction, development, or use is to be completed or
22 terminated. A general permit shall not be valid for more than 5
23 years.
24 (5) (4) A
general permit under this section may be issued
25 for the mowing of vegetation or the removal of vegetation in the
26 area between the ordinary high-water mark and the water's edge.
27 An application under this subsection may be submitted by a local
1 unit of government on behalf of property owners within its
2 jurisdiction or by 1 or more adjacent property owners for
3 riparian property located within the same county.
4 (6) As used in this section:
5 (a) "Road" means a city or village street, county road, or
6 state trunk line highway.
7 (b) "Road work" means the maintenance, repair, improvement,
8 or reconstruction of a road. Road work does not include the
9 construction of a road.