Bill Text: MI HB4398 | 2013-2014 | 97th Legislature | Chaptered
Bill Title: Watercraft; marinas; dredging material from Great Lakes bottomlands determined to be largely sand; revise permit fee. Amends sec. 32513 of 1994 PA 451 (MCL 324.32513).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2013-04-09 - Assigned Pa 11'13 With Immediate Effect [HB4398 Detail]
Download: Michigan-2013-HB4398-Chaptered.html
Act No. 11
Public Acts of 2013
Approved by the Governor
March 27, 2013
Filed with the Secretary of State
March 27, 2013
EFFECTIVE DATE: March 27, 2013
STATE OF MICHIGAN
97TH LEGISLATURE
REGULAR SESSION OF 2013
Introduced by Rep. Price
ENROLLED HOUSE BILL No. 4398
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,” by amending section 32513 (MCL 324.32513), as amended by 2012 PA 247.
The People of the State of Michigan enact:
Sec. 32513. (1) To obtain a permit for any work or connection specified in section 32512, a person shall file an application with the department on a form provided by the department. The application shall include all of the following:
(a) The name and address of the applicant.
(b) The legal description of the lands included in the project.
(c) A summary statement of the purpose of the project.
(d) A map or diagram showing the proposal on an adequate scale with contours and cross-section profiles of any waterway to be constructed.
(e) Other information required by the department.
(2) Except as provided in subsections (3) and (4), until October 1, 2015, an application for a permit under this section shall be accompanied by the following fee, as applicable:
(a) For a project in a category of activities for which a general permit is issued under section 32512a, a fee of $100.00.
(b) For activities included in a minor project category, a fee of $50.00.
(c) For construction or expansion of a marina, a fee of:
(i) $50.00 for an expansion of 1-10 slips to an existing permitted marina.
(ii) $100.00 for a new marina with 1-10 proposed marina slips.
(iii) $250.00 for an expansion of 11-50 slips to an existing permitted marina, plus $10.00 for each slip over 50.
(iv) $500.00 for a new marina with 11-50 proposed marina slips, plus $10.00 for each slip over 50.
(v) $1,500.00 if an existing permitted marina proposes maintenance dredging of 10,000 cubic yards or more, unless the dredge material has been determined through testing to be 90% or more sand, or the addition of seawalls, bulkheads, or revetments of 500 feet or more.
(d) For major projects other than a project described in subdivision (c)(v), involving any of the following, a fee of $2,000.00:
(i) Dredging of 10,000 cubic yards or more, unless the dredge material has been determined through testing to be 90% or more sand.
(ii) Filling of 10,000 cubic yards or more.
(iii) Seawalls, bulkheads, or revetment of 500 feet or more.
(iv) Filling or draining of 1 acre or more of coastal wetland.
(v) New dredging or upland boat basin excavation in areas of suspected contamination.
(vi) New breakwater or channel jetty.
(vii) Shore protection, such as groins and underwater stabilizers, that extend 150 feet or more on Great Lakes bottomlands.
(viii) New commercial dock or wharf of 300 feet or more in length.
(e) For all other projects not listed in subdivisions (a) to (d), $500.00.
(3) A project that requires review and approval under this part and 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 323.
(d) Section 3104.
(e) Section 117 of the land division act, 1967 PA 288, MCL 560.117.
(4) If work has been done in violation of a permit requirement under this part and restoration is not ordered by the department, the department may accept an application for a permit if the application is accompanied by a fee equal to 2 times the permit fee otherwise required under this section.
(5) The department shall forward all fees collected under this section to the state treasurer for deposit into the land and water management permit fee fund created in section 30113.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
