Bill Text: MI HB4400 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Watercraft; marinas; dredging material from inland lakes and streams determined to be largely sand; revise fee. Amends sec. 30104 of 1994 PA 451 (MCL 324.30104).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2013-04-09 - Assigned Pa 13'13 With Immediate Effect [HB4400 Detail]
Download: Michigan-2013-HB4400-Introduced.html
HOUSE BILL No. 4400
March 7, 2013, Introduced by Rep. Pettalia 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 30104 (MCL 324.30104), as amended by 2011 PA
218.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 30104. (1) A person shall not undertake a project subject
to this part except as authorized by a permit issued by the
department pursuant to part 13. An application for a permit shall
include any information that may be required by the department. If
a project includes activities at multiple locations, 1 application
may be filed for the combined activities.
(2) Except as provided in subsections (3) and (4), until
October 1, 2015, an application for a permit shall be accompanied
by a fee based on an administrative cost in accordance with the
following schedule:
(a) For activities included in a minor project category, or a
seasonal drawdown or the associated reflooding, or both, of a dam
or impoundment for the purpose of weed control, a fee of $50.00.
However, for a permit for a seasonal drawdown or associated
reflooding, or both, of a dam or impoundment for the purpose of
weed control that is issued for the first time after October 9,
1995, an initial fee of $500.00 with subsequent permits for the
same purpose being assessed a $50.00 fee.
(b) For authorization under a general permit, a $50.00 fee.
(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 revetments of 500 feet or more.
(iv) Filling or draining of 1 acre or more of wetland
contiguous to a lake or stream.
(v) New dredging or upland boat basin excavation in areas of
suspected contamination.
(vi) Shore projections, such as groins and underwater
stabilizers, that extend 150 feet or more into a lake or stream.
(vii) New commercial docks or wharves of 300 feet or more in
length.
(viii) Stream enclosures 100 feet or more in length.
(ix) Stream relocations 500 feet or more in length.
(x) New golf courses.
(xi) Subdivisions.
(xii) Condominiums.
(e) For the removal of submerged logs from bottomland of an
inland lake, a $500.00 fee.
(f) For dredging projects of 10,000 cubic yards or more at
marinas in which the dredge material is determined through testing
to be 90% or more sand, a $500.00 fee.
(g) (f)
For all other projects not listed
in subdivisions (a)
through
(e), (f), a fee of $500.00.
(3) A project that requires review and approval under this
part and 1 or more of the following acts or parts of acts is
subject to only the single highest permit fee required under this
part or the following acts or parts of acts:
(a) Part 303.
(b) Part 323.
(c) Part 325.
(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
required under this section.
