Bill Text: MI SB0778 | 2011-2012 | 96th Legislature | Chaptered
Bill Title: Natural resources; inland lakes; public road access to lakes or streams; specify authorized uses. Amends 1994 PA 451 (MCL 324.101 - 324.90106) by adding sec. 30111b.
Spectrum: Slight Partisan Bill (Republican 4-2)
Status: (Passed) 2012-03-27 - Assigned Pa 0056'12 With Immediate Effect [SB0778 Detail]
Download: Michigan-2011-SB0778-Chaptered.html
Act No. 56
Public Acts of 2012
Approved by the Governor
March 22, 2012
Filed with the Secretary of State
March 22, 2012
EFFECTIVE DATE: March 22, 2012
STATE OF MICHIGAN
96TH LEGISLATURE
REGULAR SESSION OF 2012
Introduced by Senators Kowall, Jones, Pappageorge, Schuitmaker, Bieda and Gregory
ENROLLED SENATE BILL No. 778
AN ACT to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” (MCL 324.101 to 324.90106) by adding section 30111b.
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 local unit of government may prohibit a use of a public road end that 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 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, township, city, or village with jurisdiction over a public road.
(b) “Public road” means a county road or a township, city, or village street that is open for use by the public.
(c) “Public road end” means the terminus of a public road at an inland lake or stream.
This act is ordered to take immediate effect.
Secretary of the Senate
Clerk of the House of Representatives
Approved
Governor
