March 3, 2005, Introduced by Reps. Gosselin, Garfield, Robertson, Shaffer, Drolet, Marleau, Caswell, Stahl, LaJoy, Baxter, Green and Hoogendyk and referred to the Committee on Natural Resources, Great Lakes, Land Use, and Environment.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 30305 (MCL 324.30305), as amended by 2003 PA
14.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 30305. (1) Activities that require a permit under part
325 or part 301 or a discharge that is authorized by a discharge
permit
under section 3112 or 3113 do does not require a permit
under this part.
(2) The following uses are allowed in a wetland without a
permit subject to other laws of this state and the owner's
regulation:
(a) Fishing, trapping, or hunting.
(b) Swimming or boating.
(c) Hiking.
(d) Grazing of animals.
(e) Farming, horticulture, silviculture, lumbering, and
ranching activities, including plowing, irrigation, irrigation
ditching, seeding, cultivating, minor drainage, harvesting for the
production of food, fiber, and forest products, or upland soil and
water conservation practices. Wetland altered under this
subdivision shall not be used for a purpose other than a purpose
described in this subsection without a permit from the department.
(f) Maintenance or operation of serviceable structures in
existence on October 1, 1980 or constructed pursuant to this part
or former 1979 PA 203.
(g) Construction or maintenance of farm or stock ponds.
(h) Maintenance, operation, or improvement which includes
straightening, widening, or deepening of the following which is
necessary for the production or harvesting of agricultural
products:
(i) An existing private agricultural drain.
(ii) That portion of a drain legally established pursuant to
the
drain code of 1956, 1956 PA 40, MCL 280.1 to 280.630, which
that has been constructed or improved for drainage purposes.
(iii) A drain constructed pursuant to other provisions of this
part or former 1979 PA 203.
(i) Construction or maintenance of farm roads, forest roads,
or temporary roads for moving mining or forestry equipment, if the
roads are constructed and maintained in a manner to assure that any
adverse effect on the wetland will be otherwise minimized.
(j) Drainage necessary for the production and harvesting of
agricultural products if the wetland is owned by a person who is
engaged in commercial farming and the land is to be used for the
production and harvesting of agricultural products. Except as
otherwise provided in this part, wetland improved under this
subdivision after October 1, 1980 shall not be used for nonfarming
purposes without a permit from the department. This subdivision
does not apply to a wetland that is contiguous to a lake or stream,
or to a tributary of a lake or stream, or to a wetland that the
department has determined by clear and convincing evidence to be a
wetland that is necessary to be preserved for the public interest,
in which case a permit is required.
(k) Maintenance or improvement of public streets, highways, or
roads, within the right-of-way and in such a manner as to assure
that
any adverse effect on the wetland will be otherwise
minimized. Maintenance or improvement does not include adding extra
lanes, increasing the right-of-way, or deviating from the existing
location of the street, highway, or road.
(l) Maintenance, repair, or operation of gas or oil pipelines
and construction of gas or oil pipelines having a diameter of 6
inches or less, if the pipelines are constructed, maintained, or
repaired in a manner to assure that any adverse effect on the
wetland
will be otherwise minimized.
(m) Maintenance, repair, or operation of electric transmission
and distribution power lines and construction of distribution power
lines, if the distribution power lines are constructed, maintained,
or repaired in a manner to assure that any adverse effect on the
wetland
will be otherwise minimized.
(n) Operation or maintenance, including reconstruction of
recently damaged parts, of serviceable dikes and levees in
existence on October 1, 1980 or constructed pursuant to this part
or former 1979 PA 203.
(o) Construction of iron and copper mining tailings basins and
water storage areas.
(p) Until November 1, 2007, beach maintenance activities that
meet all of the following conditions:
(i) The activities shall do not
occur in environmental areas
and shall
do not violate part 365 or rules promulgated under that
part ,
or the endangered species act of
1973, Public Law 93-205,
87
Stat. 884 16 USC 1531 to 1544, or rules promulgated under that
act.
(ii) The width of any mowing of vegetation shall
does not
exceed the width of the riparian property or 100 feet, whichever is
less.
(iii) All collected debris shall be is disposed
of properly
outside of any wetland.
(q)
Until 3 years after the effective date of the amendatory
act
that added this subdivision June 5, 2006, removal of
vegetation as authorized under section 32516.
(3) An activity in a wetland that was effectively drained for
farming before October 1, 1980 and that on and after October 1,
1980 has continued to be effectively drained as part of an ongoing
farming operation is not subject to regulation under this part.
(4)
A wetland that is incidentally initially created as a
result
of 1 or more of the following activities human activity,
other than a wetland created for purposes of mitigation under this
part,
is not subject to regulation under this
part. :
(a)
Excavation for mineral or sand mining, if the area was not
a
wetland before excavation. This exemption does not include a
wetland
on or adjacent to a water body of 1 acre or more in size.
(b)
Construction and operation of a water treatment pond or
lagoon
in compliance with the requirements of state or federal
water
pollution control regulations.
(c)
A diked area associated with a landfill if the landfill
complies
with the terms of the landfill construction permit and if
the
diked area was not a wetland before diking.