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






     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




     (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.