HOUSE BILL No. 4339

 

February 27, 2013, Introduced by Reps. McBroom, Goike, Rendon, Daley, Foster, Lyons, Outman, Johnson, Poleski, Dianda and Kivela and referred to the Committee on Transportation and Infrastructure.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending section 30311d (MCL 324.30311d), as added by 2009 PA

 

120.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 30311d. (1) The Except as provided in subsections (5) and

 

(6), the department may impose as a condition on any permit , other

 

than a general permit, under this part a requirement for

 

compensatory wetland mitigation. The department may approve 1 or

 

more of the following methods of compensatory wetland mitigation:

 

     (a) The acquisition of approved credits from a wetland

 

mitigation bank. The department shall not require a permit

 

applicant to provide compensatory wetland mitigation under

 

subdivision (b), (c), or (d) if the applicant prefers and qualifies

 


to use approved credits from the wetland mitigation bank to provide

 

required compensatory wetland mitigation under this subdivision.

 

     (b) The restoration of previously existing wetland. The

 

restoration of previously existing wetland is preferred over the

 

creation of new wetland where none previously existed.

 

     (c) The creation of new wetlands, if the permit applicant

 

demonstrates that ecological conditions necessary for establishment

 

of a self-sustaining wetland ecosystem exist or will be created.

 

     (d) The preservation of exceptional wetlands.

 

     (2) If compensatory wetland mitigation under subsection

 

(1)(b), (c), or (d) is required, a permit applicant shall submit a

 

mitigation plan to the department for approval. In approving a

 

compensatory mitigation plan, the department shall consider how the

 

location and type of wetland mitigation supports the sustainability

 

or improvement of aquatic resources in the watershed where the

 

activity is permitted. The permit applicant shall provide for

 

permanent protection of the wetland mitigation site. The department

 

may accept a conservation easement to protect wetland mitigation

 

and associated upland.

 

     (3) If a permittee carries out compensatory wetland mitigation

 

under subsection (1)(b), (c), or (d) in cooperation with public

 

agencies, private organizations, or other parties, the permittee

 

remains responsible for the compensatory wetland mitigation to the

 

extent otherwise provided by law.

 

     (4) The department may require financial assurance to ensure

 

that compensatory wetland mitigation is accomplished as specified.

 

To ensure that wetland benefits are replaced by compensatory

 


wetland mitigation, the department may release financial assurance

 

only after the permit applicant or mitigation bank sponsor has

 

completed monitoring of the mitigation site and demonstrated

 

compliance with performance standards in accordance with a schedule

 

in the permit or mitigation banking agreement.

 

     (5) The department shall not impose compensatory wetland

 

mitigation as a condition on a general permit.

 

     (6) For road work that is not exempt under section 30305(2)(k)

 

from the requirement to obtain a permit, if both of the following

 

requirements are met, the department shall not impose compensatory

 

wetland mitigation as a condition on a permit for the road work

 

without the consent of the entity with legal jurisdiction over the

 

road:

 

     (a) The road was in existence on the effective date of the

 

amendatory act that added this subsection.

 

     (b) The activity takes place within the road right-of-way.

 

     (7) As used in this section:

 

     (a) "Road" means a city or village street, county road, or

 

state trunk line highway.

 

     (b) "Road work" means the maintenance, repair, improvement, or

 

reconstruction of a road. Road work does not include the

 

construction of a road.