Bill Text: MI SB0714 | 2019-2020 | 100th Legislature | Engrossed
Bill Title: Natural resources: shorelands; temporary erosion control structures; authorize without permit during high water levels. Amends secs. 32312, 32312a & 32510 of 1994 PA 451 (MCL 324.32312 et seq.) & adds secs. 32312c & 32517.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2020-12-03 - Referred To Committee On Ways And Means, With Substitute (h-3) [SB0714 Detail]
Download: Michigan-2019-SB0714-Engrossed.html
SENATE BILL NO. 714
January 09, 2020, Introduced by Senator VICTORY
and referred to the Committee on Environmental Quality.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 32312, 32312a, and 32510 (MCL 324.32312, 324.32312a, and 324.32510), section 32312 as amended by 2019 PA 84, section 32312a as added by 1997 PA 126, and section 32510 as added by 1995 PA 59, and by adding sections 32312c and 32517.
the people of the state of michigan enact:
Sec. 32312. (1) To regulate the uses and development
of high-risk areas, flood risk areas, and environmental areas and to implement
the purposes of this part, the department shall promulgate rules. If the rules require permits, are required under rules promulgated under this part, the
permits shall be issued pursuant to the rules and part 13. Except as provided
under subsection (2), until October 1, 2023, if permits are required pursuant
to rules promulgated under this part, an application for a permit shall be
accompanied by a fee as follows:
(a) For a commercial or multifamily residential project, $500.00.
(b) For a single-family home construction, $100.00.
(c) For an addition to an existing single-family home or for a project that has a minor impact on fish and wildlife resources in environmental areas as determined by the department, $50.00.
(2) A project that requires review and approval under this part and under 1 or more of the following is subject to only the single highest permit fee required under this part or the following:
(a) Part 301.
(b) Part 303.
(c) Part 325.
(d) Section 3104.
(e) Section 117 of the land division act, 1967 PA 288, MCL 560.117.
(3) The department shall forward fees collected under this section to the state treasurer for deposit in the land and water management permit fee fund created in section 30113.
(4) A circuit court, upon petition and a showing by the department that section 32312a or a rule promulgated under subsection (1) has been violated, shall issue any necessary order to the defendant to correct the violation or to restrain the defendant from further violation of section 32312a or the rule.
(5) A person that violates section 32312a may be ordered to pay a civil fine of not more than $2,000.00. A violation of section 32312a may be prosecuted by the prosecutor of the county in which the violation occurred or by the attorney general.
Sec. 32312a. (1) Notwithstanding any
other provision of this part or the rules promulgated under this part, the
department shall allow above grade walls to be constructed with movable brick.A permit is not required under this part for construction of a temporary erosion control
structure if all of the following conditions are met:
(a)
The structure is installed on shoreland of 1 of the following bodies of water
when the level of that body of water is not less than the following applicable
distance above sea level:
(i) Lake Superior, 603.1 feet.
(ii) Lake Michigan, 581.5 feet.
(iii) Lake Huron, 581.5 feet.
(iv) Lake St. Clair, 576.7 feet.
(v) Lake Erie, 573.8 feet.
(b)
The structure is constructed of materials approved by the department.
(c)
The structure is constructed by a licensed contractor.
(d)
Before installation of the structure commences, the property owner notifies the
department in writing of all of the following:
(i) The electronic mail address, if any,
name, address, and telephone number of the property owner.
(ii) The location of the proposed
structure.
(iii) The type and approximate amount of
material of which the structure will be composed.
(2)
Within 78 weeks after filing notice under subsection (1), the owner of property
at which a temporary erosion control structure is installed shall file an
application for any permit required under this part for a permanent erosion
control structure to replace the temporary structure or shall remove the
temporary structure. If the application is denied, the property owner shall,
within 90 days after the denial, remove the temporary structure. Within 14 days
after the removal of a temporary structure under this subsection, the property
owner shall notify the department in writing of the removal. The notice shall
state both of the following:
(a)
The electronic mail address, if any, name, address, and telephone number of the
property owner.
(b)
The location of the former structure.
(3) Removal of a temporary erosion control structure under subsection (2) does not require a permit under this part.
Sec. 32312c. Notwithstanding any other provision of this part or the rules promulgated under this part, the department shall allow above-grade walls to be constructed with movable brick.
Sec. 32510. (1) Except as provided in subsection (2),
a person who excavates or fills or in any manner alters or modifies any of the
land or waters subject to this part without the approval of the department or who violates section 32517 is guilty
of a misdemeanor , punishable by
imprisonment for not more than 1 year or a fine of not more than $1,000.00, or
both. Land altered or modified in violation of this part shall not be sold to
any person convicted under this section at less than fair, cash market value.
(2) A person who commits
a minor offense is guilty of a misdemeanor , punishable
by a fine of not more than $500.00. for each violation. A
law enforcement officer may issue and serve an appearance ticket upon a person
for a minor offense pursuant to sections 9a to 9g of chapter IV of the code of
criminal procedure, Act No. 175 of
the Public Acts of 1927, being sections 1927 PA 175, MCL 764.9a to 764.9g. of the Michigan Compiled Laws.
(3) As used in this
section, "minor offense" means either any of
the following violations of this part if the department determines that
restoration of the affected property is not required:
(a) The failure to obtain
a permit under this part.
(b) A violation of a
permit issued under this part.
(c) A violation of section 32517.
Sec. 32517. (1) A permit is not required under this part for construction of a temporary erosion control structure if all of the following conditions are met:
(a) The structure is installed on bottomlands of 1 of the following bodies of water when the level of that body of water is not less than the following applicable distance above sea level:
(i) Lake Superior, 603.1 feet.
(ii) Lake Michigan, 581.5 feet.
(iii) Lake Huron, 581.5 feet.
(iv) Lake St. Clair, 576.7 feet.
(v) Lake Erie, 573.8 feet.
(b) The structure is constructed of materials approved by the department.
(c) The structure is constructed by a licensed contractor.
(d) Before installation of the structure commences, the property owner notifies the department in writing of all of the following:
(i) The electronic mail address, if any, name, address, and telephone number of the property owner.
(ii) The location of the proposed structure.
(iii) The type and approximate amount of material of which the structure will be composed.
(2) Within 78 weeks after filing notice under subsection (1), the owner of property for which a temporary erosion control structure is installed shall file an application for any permit required under this part for a permanent erosion control structure to replace the temporary structure or shall remove the temporary structure. If the application is denied, the property owner shall, within 90 days after the denial, remove the temporary structure. Within 14 days after the removal of a temporary structure under this subsection, the property owner shall notify the department in writing of the removal. The notice shall state both of the following:
(a) The electronic mail address, if any, name, address, and telephone number of the property owner.
(b) The location of the former structure.
(3) Removal of a temporary erosion control structure under subsection (2) does not require a permit under this part.
