TOWNSHIP REGULATION OF

PUBLIC BOATING ACCESS SITES

House Bill 5960

Sponsor:  Rep. John Stakoe

Committee:  Local Government and Urban Policy

Complete to 4-25-06

A SUMMARY OF HOUSE BILL 5960 AS INTRODUCED 4-20-06

House Bill 5960 would amend the Natural Resources and Environmental Protection Act to specify that the act does not limit the authority of a township, under its police power, to regulate activities at a public boating access site on an inland lake or stream.

 

Under the bill, "inland lake or stream" means that term as defined in Section 30101 of the act.  [There, the term is defined to mean a natural or artificial lake, pond, or impoundment; a river, stream, or creek which may or may not be serving as a drain as defined by the Drain Code of 1956 PA 40 MCL 280.1 to 280.630; or any other body of water that has definite banks, a bed, and visible evidence of a continued flow or continued occurrence of water, including the St. Mary's, St. Clair, and Detroit rivers.  Inland lake or stream does not include the Great Lakes, Lake St. Clair, or a lake or pond that has a surface area of less than five acres.]

The bill also would revise the definition of "waterways account."  Currently under the law, that term means the waterways account of the Michigan Conservation and Recreation Legacy Fund provided for in Section 2035.  The bill would retain this provision and add: "This subdivision does not apply unless 2004 PA 587 takes effect, as a result of Joint Resolution Z of the 92nd legislature becoming a part of the State Constitution of 1963 as provided in Section 1 of Article XII of the State Constitution of 1963." 

MCL 324.78101

FISCAL IMPACT:

This bill would not have a fiscal impact on the State or on local governmental units.

                                                                                           Legislative Analyst:   J. Hunault

                                                                                                  Fiscal Analyst:   Kirk Lindquist

This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.