PUBLIC RD ACCESS TO LAKES & STREAMS S.B. 680 (S-1):
SUMMARY OF BILL
REPORTED FROM COMMITTEE
Senate Bill 680 (Substitute S-1 as reported)
Committee: Local Government and Elections
CONTENT
The bill would amend Part 301 (Inland Lakes and Streams) of the Natural Resources and Environmental Protection Act to remove a county from the definition of "local unit of government", revise the definition of "public road end", and delete the definition of "public road", in provisions governing the use of a public road end at an inland lake or stream.
Under Part 301, unless a recorded deed, recorded easement, or other recorded dedication expressly provides otherwise, a public road end may not be used for any of the following purposes:
-- Construction, installation, maintenance, or use of boat hoists or boat anchorage devices.
-- Mooring or docking of a vessel between midnight and sunrise.
-- Any activity that obstructs ingress to or egress from an inland lake or stream.
A public road end also may not be used for the construction, installation, maintenance, or use of a dock or wharf other than a single seasonal public dock or wharf that is authorized by the local unit of government, subject to any permit required under Part 301.
A person who violates these provisions is guilty of a misdemeanor punishable by a $500 maximum fine. In addition, the local unit of government may prohibit a use of a public road end that violates the prohibitions described above.
"Local unit of government" is defined as the county, township, city, or village with jurisdiction over a public road. Under the bill, "local unit of government" instead would mean a township, city, or village in which the public road end is located.
"Public road end" currently means the terminus of a public road at an inland lake or stream, and "public road" means a county road or a township, city, or village street that is open for use by the public. Under the bill, "public road end" would mean the terminus at an inland lake or stream of a road that is lawfully open for use by the public. The bill would delete the definition of "public road".
MCL 324.30111b Legislative Analyst: Patrick Affholter
FISCAL IMPACT
The bill would have no fiscal impact on State or local government.
Date Completed: 4-1-14 Fiscal Analyst: John Maxwell
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.