SB-0680, As Passed Senate, April 24, 2014

SUBSTITUTE FOR

SENATE BILL NO. 680

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 30111b (MCL 324.30111b), as added by 2012 PA

56.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 30111b. (1) A public road end shall not be used for any

of the following unless a recorded deed, recorded easement, or

other recorded dedication expressly provides otherwise:

     (a) Construction, installation, maintenance, or use of boat

hoists or boat anchorage devices.

     (b) Mooring or docking of a vessel between 12 midnight and

sunrise.

     (c) Any activity that obstructs ingress to or egress from the

inland lake or stream.

     (2) A public road end shall 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 this

part. This subsection does not prohibit any use that is expressly

authorized by a recorded deed, recorded easement, or other recorded

dedication. This subsection does not permit any use that exceeds

the uses authorized by a recorded deed, recorded easement, other

recorded dedication, or a court order.

     (3) The A local unit of government may prohibit a use of a

public road end if that use violates this section.

     (4) A person who violates subsection (1) or (2) is guilty of a

misdemeanor punishable by a fine of not more than $500.00. Each 24-

hour period in which a violation exists constitutes represents a

separate violation of this section. A peace officer may issue an

appearance ticket as authorized by sections 9c to 9g of chapter IV

of the code of criminal procedure, 1927 PA 175, MCL 764.9c to

764.9g, to a person who violates subsection (1) or (2).

     (5) This section does not prohibit a person or agency from

commencing a civil action for conduct that violates this section.

     (6) As used in this section:

     (a) "Local unit of government" means the county, a township,

city, or village with jurisdiction over a public road.in which the

public road end is located.

     (b) "Public road" means a county road or a township, city, or

village street that is open for use by the public.

(b) (c) "Public road end" means the terminus of a public road

at an inland lake or stream of a road that is lawfully open for use

by the public.