Bill Text: MI HB4400 | 2013-2014 | 97th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

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-Engrossed.html

---

HB-4400, As Passed Senate, March 21, 2013

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4400

 

 

 

 

 

 

 

 

 

 

 

 

     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 all other projects not listed in subdivisions (a)

 

through (e), 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.