Bill Text: MI HB4400 | 2013-2014 | 97th Legislature | Enrolled
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-Enrolled.html
STATE OF MICHIGAN
97TH LEGISLATURE
REGULAR SESSION OF 2013
Introduced by Rep. Pettalia
ENROLLED HOUSE BILL No. 4400
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 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.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
