PUBLIC RD ACCESS TO LAKES & STREAMS S.B. 680 (S-1):
SUMMARY OF SUBSTITUTE BILL
IN COMMITTEE
Senate Bill 680 (Substitute S-1)
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.
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.