Michigan-2021-HB5005-Introduced

HOUSE BILL NO. 5005

June 15, 2021, Introduced by Reps. Hammoud and Aiyash and referred to the Committee on Appropriations.

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 30104, 30109, 30306, 30306b, 30313b, 31509, 32312, 32513, 33911, and 33929 (MCL 324.30104, 324.30109, 324.30306, 324.30306b, 324.30313b, 324.31509, 324.32312, 324.32513, 324.33911, and 324.33929), sections 30104, 30109, 32312, and 32513 as amended by 2019 PA 84, section 30306 as amended by 2018 PA 631, section 30306b as amended by 2013 PA 98, section 30313b as added by 2006 PA 431, section 31509 as amended by 2004 PA 325, and sections 33911 and 33929 as amended by 2006 PA 496.

the people of the state of michigan enact:

Sec. 30104. (1) A person shall not undertake a project subject to under this part except as authorized by a permit issued by the department pursuant to under part 13. An application for a permit shall must 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, 2023, an application for a permit shall must be accompanied by an application fee based on an administrative cost in accordance with the following schedule:

(a) For an initial 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, a fee of $500.00, $1,330.00, but for subsequent permits for the same purpose a fee of $50.00.$133.00.

(b) For activities included in a minor project category established under section 30105(7), a fee of $100.00.$266.00.

(d) For construction or expansion of a marina, a fee as follows:

(i) $50.00 $133.00 for an expansion of 1-10 marina slips to an existing permitted marina.

(ii) $100.00 $266.00 for a new marina with 1-10 proposed marina slips.

(iii) $250.00 $665.00 for an expansion of 11-50 marina slips to an existing permitted marina, plus $10.00 $27.00 for each marina slip over 50.

(iv) $500.00 $1,330.00 for a new marina with 11-50 proposed marina slips, plus $10.00 $27.00 for each marina slip over 50.

(v) $1,500.00 $3,990.00 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.

(e) For major projects other than a project described in subdivision (d)(v), involving any of the following, a fee of $2,000.00:$5,320.00:

(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.

(f) For the removal of submerged logs from bottomland of an inland lake, a $500.00 $1,330.00 fee.

(g) For all other projects not listed in subdivisions (a) through to (f), a fee of $500.00.$1,330.00.

(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 fee required under this part or the following acts or parts of acts:

(a) Section 3104.

(b) Part 303.

(d) Part 325.

(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.

(5) If the department denies an application for a permit under this part, the department shall promptly refund the application fee paid under this section.

(6) The fees specified under subsection (2) are effective 6 months after the effective date of the amendatory act that added this subsection. Beginning January 1, 2024 and by January 1 every 3 years after 2024, the department shall adjust the fees specified under subsection (2) by an amount determined by the state treasurer at the end of the preceding fiscal year to reflect the cumulative percentage change in the Detroit Consumer Price Index from the most recent 3-year period for which data is available for the Detroit area from the United States Department of Labor, Bureau of Labor Statistics.

Sec. 30109. (1) Upon On the written request of a riparian owner and upon payment of a service fee, the department may enter into a written agreement with the riparian owner establishing the location of the ordinary high-water mark for his or her property. In the absence of substantially changed conditions, the agreement is conclusive proof of the location in all matters between the this state and the riparian owner and his or her successors in interest. Until October 1, 2023, the The service fee provided for in this section is $500.00. $1,330.00. The department shall forward service fees collected under this section to the state treasurer for deposit into the fund.

(2) The fee specified under subsection (1) is effective 6 months after the effective date of the amendatory act that added this subsection. Beginning January 1, 2024 and by January 1 every 3 years after 2024, the department shall adjust the fee specified under subsection (1) by an amount determined by the state treasurer at the end of the preceding fiscal year to reflect the cumulative percentage change in the Detroit Consumer Price Index from the most recent 3-year period for which data is available for the Detroit area from the United States Department of Labor, Bureau of Labor Statistics.

Sec. 30306. (1) Except as provided in section 30307(6), to obtain a permit for a use or development listed in section 30304, a person shall file an application with the department on a form provided by the department. The application shall must include all of the following:

(a) The person's name and address.

(b) The location of the wetland.

(d) A statement and appropriate drawings describing the proposed use or development.

(e) The wetland owner's name and address.

(f) An environmental assessment of the proposed use or development if requested by the department. The assessment shall must include the effects upon on wetland benefits and the effects upon on the water quality, flow, and levels, and the wildlife, fish, and vegetation within any contiguous inland lake or stream.

(2) For the purposes of subsection (1), a proposed use or development of a wetland shall must be covered by a single permit application under this part if the scope, extent, and purpose of a use or development are made known at the time of the application for the permit.

(3) Except as provided in subsections (4) and (5), an application for a permit submitted under subsection (1) shall must be accompanied by the following application fee, as applicable:

(a) For a project in a category of activities for which a general permit is issued under section 30312(2), a fee of $50.00.$133.00.

(b) For activities included in a minor project category established under section 30312(1), a fee of $100.00.$266.00.

(i) Filling or draining of 1 acre or more of coastal or inland wetland.

(ii) 10,000 cubic yards or more of wetland fill.

(iii) A new golf course affecting wetland.

(iv) A subdivision affecting wetland.

(v) A condominium affecting wetland.

(d) For all other projects, a fee of $500.00.$1,330.00.

(4) 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 fee required under this part or the following acts or parts of acts:

(a) Section 3104.

(b) Part 301.

(d) Part 325.

(e) Section 117 of the land division act, 1967 PA 288, MCL 560.117.

(5) If work has been done in violation of a permit requirement under this part, the department shall consider accepting and may accept an application for a permit if the application is accompanied by a fee equal to twice the application fee otherwise required under this section.

(6) If the department determines that a permit is not required under this part or denies an application for a permit under this part, the department shall promptly refund the application fee paid under this section.

(7) The department may issue a conditional permit before the expiration of the 20-day period referred to in section 30307 if emergency conditions warrant a project to protect property or the public health, safety, or welfare.

(8) The fees specified under subsection (3) are effective 6 months after the effective date of the amendatory act that added this subsection. Beginning January 1, 2024 and by January 1 every 3 years after 2024, the department shall adjust the fees specified under subsection (3) by an amount determined by the state treasurer at the end of the preceding fiscal year to reflect the cumulative percentage change in the Detroit Consumer Price Index from the most recent 3-year period for which data is available for the Detroit area from the United States Department of Labor, Bureau of Labor Statistics.

Sec. 30306b. (1) If a preapplication meeting is requested in writing by the landowner or another person individual who is authorized in writing by the landowner, the department shall meet with the person landowner or his or her representatives to review a proposed project or a proposed permit application in its entirety. The preapplication meeting shall must take place at the department's district office for the district that includes the project site or at the project site itself, as specified in the request.

(2) Except as provided in this subsection, the request shall must be accompanied by a fee. The fee for a preapplication meeting at the district office is $150.00. $400.00. The fee for a preapplication meeting at the project site is $250.00 $665.00 for the first acre or portion of an acre of project area, plus $50.00 $133.00 for each acre or portion of an acre in excess of the first acre, but not to exceed a fee of $1,000.00. $2,660.00. However, both of the following apply:

(a) If the location of the project is a single family residential lot that is less than 1 acre in size, there is no fee for a preapplication meeting at the district office, and the fee for a preapplication meeting at the project site is $100.00.$266.00.

(b) There is no fee for a preapplication meeting for cranberry and blueberry production activities, whether at the district office or project site.

(3) If the person landowner withdraws the preapplication meeting request at least 24 hours before the preapplication meeting, the department may agree with the person landowner to reschedule the preapplication meeting or shall promptly refund the fee and need not meet as provided in this section. Otherwise, if, after agreeing to the time and place for a preapplication meeting, the person requesting landowner that requests the preapplication meeting is not represented at the meeting, the person landowner shall forfeit the fee for the preapplication meeting. If, after agreeing to the time and place for a preapplication meeting, the department is not represented at the preapplication meeting, the department shall refund the fee and send a representative to a rescheduled preapplication meeting to be held within 10 days after the first scheduled meeting date.

(4) Any written agreement provided by the department as a result of the preapplication meeting regarding the need to obtain a permit is binding on the department for 2 years after the date of the agreement.

(5) The fees specified under subsection (2) are effective 6 months after the effective date of the amendatory act that added this subsection. Beginning January 1, 2024 and by January 1 every 3 years after 2024, the department shall adjust the fees specified under subsection (2) by an amount determined by the state treasurer at the end of the preceding fiscal year to reflect the cumulative percentage change in the Detroit Consumer Price Index from the most recent 3-year period for which data is available for the Detroit area from the United States Department of Labor, Bureau of Labor Statistics.

Sec. 30313b. (1) The department may make minor revisions in a permit issued under this part if all of the following apply:

(a) The project is in compliance with the permit and this part.

(b) The minor revisions are requested by the permittee in writing.

(d) If the request is for a transfer of the permit, the request is accompanied by a written agreement between the current and new owners or operators containing a specific date for transfer of responsibility, coverage, and liability under the permit.

(2) The department shall approve or deny the request within 20 business days. However, if the only minor revision requested is a transfer under subsection (4)(a), (5)(a), the department shall approve or deny the request within 10 business days. If the department fails to approve or deny the request within the time required by this subsection, the department shall refund the fee.

(3) If the department determines that none of the changes requested are minor revisions, the department shall retain the fee but the permittee may apply the fee toward a new permit for a project at that site.

(4) The fee specified under subsection (1) is effective 6 months after the effective date of the amendatory act that amended this section. Beginning January 1, 2024 and by January 1 every 3 years after 2024, the department shall adjust the fee specified under subsection (1) by an amount determined by the state treasurer at the end of the preceding fiscal year to reflect the cumulative percentage change in the Detroit Consumer Price Index from the most recent 3-year period for which data is available for the Detroit area from the United States Department of Labor, Bureau of Labor Statistics.

(5) (4) As used in this section, "minor revision" means either of the following with respect to a permit issued under this part:

(a) A transfer.

(b) A revision that does not increase the overall impact of a project on wetlands and that is within the scope of the project as described in the original permit.

Sec. 31509. (1) Except as otherwise provided in this part or as authorized by a permit issued by the department pursuant to under part 13, a person shall not undertake any of the following activities:

(a) Construction of a new dam.

(b) Enlargement of a dam or an impoundment.

(d) Alteration of a dam.

(e) Removal of a dam.

(f) Abandonment of a dam.

(g) Reconstruction of a failed dam.

(2) An application for a permit shall must include information that the department determines is necessary for the administration of this part. If a project includes activities at multiple locations, 1 application may be filed for the combined activities.

(3) An application for a permit for construction of a new dam, reconstruction of a failed dam, or enlargement of a dam shall must be accompanied by the following fees:

(a) For a dam with a height of 6 feet or more but less than 10 feet, $500.00.$1,330.00.

(b) For a dam with a height of 10 feet or more but less than 20 feet, $1,000.00.$2,660.00.

(4) An application for a permit for the repair, alteration, removal, or abandonment of a dam shall must be accompanied by a fee of $200.00, $532.00, and an application for a permit for a minor project pursuant to under section 31513(1) shall must be accompanied by a fee of $100.00.$266.00.

(5) The department shall waive the fees under this section for applications from state agencies, department sponsored projects located on public lands, and organizations of the type described in section 31508(2)(a) through (c).31508(2).

(6) The department shall forward fees collected under this section to the state treasurer for deposit in the land and water management permit fee fund created in section 30113.

(7) The fees specified under subsections (3) and (4) are effective 6 months after the effective date of the amendatory act that added this subsection. Beginning January 1, 2024 and by January 1 every 3 years after 2024, the department shall adjust the fees specified under subsections (3) and (4) by an amount determined by the state treasurer at the end of the preceding fiscal year to reflect the cumulative percentage change in the Detroit Consumer Price Index from the most recent 3-year period for which data is available for the Detroit area from the United States Department of Labor, Bureau of Labor Statistics.

Sec. 32312. (1) To regulate the uses and development of high-risk areas, flood risk areas, and environmental areas and to implement the purposes of this part, the department shall promulgate rules. If permits are required under rules promulgated under this part, the permits shall must be issued pursuant to the rules and part 13. Except as provided under subsection (2), until October 1, 2023, if permits are required pursuant to rules promulgated under this part, an application for a permit shall must be accompanied by a fee as follows:

(a) For a commercial or multifamily residential project, $500.00.$1,330.00.

(b) For a single-family home construction, $100.00.$266.00.

(c) For an addition to an existing single-family home or for a project that has a minor impact on fish and wildlife resources in environmental areas as determined by the department, $50.00.$133.00.

(2) A project that requires review and approval under this part and under 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 301.

(b) Part 303.

(d) Section 3104.

(e) Section 117 of the land division act, 1967 PA 288, MCL 560.117.

(3) The department shall forward fees collected under this section to the state treasurer for deposit in the land and water management permit fee fund created in section 30113.

(4) A circuit court, upon on petition and a showing by the department that a rule promulgated under subsection (1) has been violated, shall issue any necessary order to the defendant to correct the violation or to restrain the defendant from further violation of the rule.

(5) The fees specified under subsection (1) are effective 6 months after the effective date of the amendatory act that added this subsection. Beginning January 1, 2024 and by January 1 every 3 years after 2024, the department shall adjust the fees specified under subsection (1) by an amount determined by the state treasurer at the end of the preceding fiscal year to reflect the cumulative percentage change in the Detroit Consumer Price Index from the most recent 3-year period for which data is available for the Detroit area from the United States Department of Labor, Bureau of Labor Statistics.

Sec. 32513. (1) To obtain a permit for any activity specified in section 32512, a person shall file an application with the department on a form provided by the department. The application shall must include all of the following:

(a) The name and address of the applicant.

(b) The legal description of the lands included in 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, 2023, an application for a permit under this section shall must 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(2), a fee of $50.00.$133.00.

(b) For activities included in a minor project category established under section 32512a(1), a fee of $100.00.$266.00.

(i) $50.00 $133.00 for an expansion of 1-10 marina slips to an existing permitted marina.

(ii) $100.00 $266.00 for a new marina with 1-10 proposed marina slips.

(iii) $250.00 $665.00 for an expansion of 11-50 marina slips to an existing permitted marina, plus $10.00 $27.00 for each marina slip over 50.

(iv) $500.00 $1,330.00 for a new marina with 11-50 proposed marina slips, plus $10.00 $27.00 for each marina slip over 50.

(d) For major projects other than a project described in subdivision (c)(v), involving any of the following, a fee of $2,000.00:$5,320.00:

(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.$1,330.00.

(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 act or parts of acts:

(a) Section 3104.

(b) Part 301.

(d) Part 323.

(e) Section 117 of the land division act, 1967 PA 288, MCL 560.117.

(5) The department shall forward fees collected under this section to the state treasurer for deposit into the land and water management permit fee fund created in section 30113.

Sec. 33911. (1) Upon On application of a person that holds a lease from this state of any portion or portions of the real property described in this part, the department may execute and deliver to the applicant a deed conveying all of the right, title, and interest of this state in and to that real property, subject to the paramount rights of hunting, fishing, and navigation, which remain in the general public and in the government as recognized by law. The deeds shall must contain the same provisions as to use and occupancy now set forth in all the leases previously granted under former 1913 PA 326 or under this part. The department shall not grant a deed under this part unless the lessee of the subject property agrees to cancel the lease and relinquishes all rights under the lease.

(2) The department shall not grant a deed under this part for a lot that contains a structure unless the structure and the lot subject to the deed, including seawalls where present, comply with the applicable township building code and county and state sanitation codes and part 325, and the structure is located on a parcel of land that is adequately protected from erosion.

(3) A deed granted under this part shall must not include a portion of the original lease that is submerged or lies below the elevation of 575.3 International Great Lakes Datum (IGLD 1985). The department of environmental quality environment, Great Lakes, and energy shall perform a site inspection and set stakes, if necessary, to identify the boundaries of the area of the leased lot to be deeded. The applicant shall provide a boundary survey, completed by a professional surveyor, that delineates the area of the real property to be deeded. The This state shall retain proprietary ownership in trust over the portion of the leased lot below the ordinary high-water mark of Lake St. Clair at the time of the conveyance.

(4) A deed shall must not be granted under this part at less than the estimated land value of the real property as determined by the township in which the real property is located. Appraisal procedures and practices may include utilizing independent fee appraisal contractors. The appraisal shall must not include improvements such as buildings, seawalls, and docks. Credit shall must not be granted to the lessee for the years remaining on an unexpired lease when determining the sale value to the this state. The applicant shall remit the full consideration within 1 year after being notified in writing of the selling price by the department. If the applicant does not remit the full consideration for the deed within 1 year, the department shall close the file and a new application must be submitted.

(5) If the applicant is not satisfied with the fair market value determined by the department under subsection (4), the applicant, within 30 days after receiving the determination, may submit a petition in writing to the circuit court in the thirty-first judicial circuit, and the court shall appoint an appraiser or appraisers from the department's approved listing to conduct an appraisal of the parcel. The decision of the court is final. The applicant shall pay all costs associated with this additional appraisal.

(6) A request for a deed shall must be on a form provided by the department of environmental quality environment, Great Lakes, and energy and shall be accompanied by an application fee of $500.00.$1,330.00. The fee specified under this subsection is effective 6 months after the effective date of the amendatory act that amended this section. Beginning January 1, 2024 and by January 1 every 3 years after 2024, the department shall adjust the fee specified under this subsection by an amount determined by the state treasurer at the end of the preceding fiscal year to reflect the cumulative percentage change in the Detroit Consumer Price Index from the most recent 3-year period for which data is available for the Detroit area from the United States Department of Labor, Bureau of Labor Statistics.

Sec. 33929. (1) Each sale or transfer of a lease shall must contain a specific statement of the purpose for which the property leased is to be used by the purchaser or assignee. A sale or transfer of a lease for other than club or residence purposes is not valid unless and until the sale or transfer is approved by the department of environmental quality.environment, Great Lakes, and energy.

(2) Before selling or transferring a property that is subject to a lease under this part, the parties involved shall apply to the department of environmental quality environment, Great Lakes, and energy for approval of the transfer of the lease to the purchaser. The application shall must be made on a form provided by the department of environmental quality environment, Great Lakes, and energy and shall be accompanied by a fee of $250.00. Upon $665.00. On approval by the department of environmental quality, environment, Great Lakes, and energy, an assignment of lease form shall must be recorded with the county register of deeds. The fee specified under this subsection is effective 6 months after the effective date of the amendatory act that added this subsection. Beginning January 1, 2024 and by January 1 every 3 years after 2024, the department shall adjust the fee specified under this subsection by an amount determined by the state treasurer at the end of the preceding fiscal year to reflect the cumulative percentage change in the Detroit Consumer Price Index from the most recent 3-year period for which data is available for the Detroit area from the United States Department of Labor, Bureau of Labor Statistics.