September 5, 2007, Introduced by Reps. Amos, Proos, Agema, Moss, Gaffney, Pastor and Nofs and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 30101 (MCL 324.30101), as amended by 2006 PA
275.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 30101. As used in this part:
(a) "Bottomland" means the land area of an inland lake or
stream that lies below the ordinary high-water mark and that may or
may not be covered by water.
(b) "Bulkhead line" means a line that is established pursuant
to this part beyond which dredging, filling, or construction of any
kind is not allowed without a permit.
(c) "Dam" means an artificial barrier, including dikes,
embankments, and appurtenant works, that impounds, diverts, or is
designed to impound or divert water.
(d) "Department" means the department of environmental
quality.
(e) "Fund" means the land and water management permit fee fund
created in section 30113.
(f) "Height of the dam" means the difference in elevation
measured vertically between the natural bed of an inland lake or
stream at the downstream toe of the dam, or, if it is not across a
stream channel or watercourse, from the lowest elevation of the
downstream toe of the dam, to the design flood elevation or to the
lowest point of the top of the dam, whichever is less.
(g) "Impoundment" means water held back by a dam, dike,
floodgate, or other barrier.
(h) "Inland lake or stream" means a natural or artificial
lake,
pond, or impoundment; a river, stream, or creek which that
may or may not be serving as a drain as defined by the drain code
of 1956, 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.
Marys, 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 5 acres.
(i) "Marina" means a facility that is owned or operated by a
person, extends into or over an inland lake or stream, and offers
service to the public or members of the marina for docking,
loading, or other servicing of recreational watercraft. Marina does
not include a facility that provides docking and loading of
recreational watercraft only to the riparian owners of property
located on the inland lake or stream in which the facility is
located.
(j) "Minor offense" means either of the following violations
of this part if the project involved in the offense is a minor
project as listed in R 281.816 of the Michigan administrative code
or the department determines that restoration of the affected
property is not required:
(i) The failure to obtain a permit under this part.
(ii) A violation of a permit issued under this part.
(k) "Ordinary high-water mark" means the line between upland
and bottomland that persists through successive changes in water
levels, below which the presence and action of the water is so
common or recurrent that the character of the land is marked
distinctly from the upland and is apparent in the soil itself, the
configuration of the surface of the soil, and the vegetation. On an
inland lake that has a level established by law, it means the high
established level. Where water returns to its natural level as the
result of the permanent removal or abandonment of a dam, it means
the natural ordinary high-water mark.
(l) "Project" means an activity that requires a permit pursuant
to section 30102.
(m) "Property owners' association" means any group of
organized property owners publishing a directory of their
membership, the majority of which are riparian owners and are
located on the inland lake or stream that is affected by the
proposed project.
(n) "Riparian owner" means a person who has riparian rights.
(o)
"Riparian rights" means those rights which that are
associated with the ownership of the bank or shore of an inland
lake or stream.
(p) "Seasonal structure" includes any type of dock, boat
hoist, ramp, raft, or other recreational structure that is placed
into an inland lake or stream and removed at the end of the boating
season.
(q) "Structure" includes a marina, wharf, dock, pier, dam,
weir, stream deflector, breakwater, groin, jetty, sewer, pipeline,
cable,
and or bridge.
(r) "Upland" means the land area that lies above the ordinary
high-water mark.