December 9, 2014, Introduced by Rep. Genetski and referred to the Committee on Natural Resources.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 80159 (MCL 324.80159), as amended by 2004 PA
325.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
80159. (1) A Subject
to subsection (2), a person shall
not place a beacon or buoy, other than a mooring buoy, in the
waters of this state except as authorized by a permit issued by the
department pursuant to part 13. The department may issue a permit
for the placing of buoys or beacons in the waters of this state to
mark an obstruction to navigation, to designate bathing areas, to
designate
vessel anchorages, or for any other purpose if it that
will promote safety or navigation. An application for a permit
shall contain information required by the department.
(2) A homeowners association that borders the Great Lakes or
their connecting waterways may request a temporary permit that runs
from June 1 until September 30 for purposes of placing buoys in the
waters of the Great Lakes or their connecting waterways marking the
location of designated bathing areas. The location of a designated
bathing area subject to a temporary permit under this subsection
shall not extend beyond 200 feet from the shoreline. A temporary
permit under this subsection is valid for 1 year, but may be
renewed annually.
(3) If buoys or beacons are placed in the waters of this state
without
a permit, having been issued, the department may order
their removal. If, in the judgment of the department, buoys or
beacons
authorized by the department are found to be improperly
placed, the reason for their placement no longer exists, or the
buoys or beacons do not conform to the uniform system of marking
established by state regulation, the department may revoke the
permit authorizing their placement and may order their removal.
Revocation of permits and orders of removal shall be by written
notice to the person placing the buoys or beacons or to the person
to whom the permit was issued at his or her last known address,
directing the removal within a specified time. The person to whom
the notice is directed shall remove the buoys or beacons in
accordance with the instructions. If the person fails to remove the
buoys or beacons within the specified time, the department may
cause
their removal, and the cost and expense of the removal shall
be charged against the person authorized to place the buoys or
beacons
or, where if authorization has not been granted, the person
placing
such who placed the buoys or beacons and shall be is
recoverable through any court of competent jurisdiction.