Bill Text: MI HB5697 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Natural resources: Great Lakes; simplified bottomland permit; provide for during high water levels. Amends sec. 32502 of 1994 PA 451 (MCL 324.32502) & adds sec. 32517.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-05-02 - Bill Electronically Reproduced 05/01/2024 [HB5697 Detail]
Download: Michigan-2023-HB5697-Introduced.html
HOUSE BILL NO. 5697
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 32502 (MCL 324.32502), as added by 1995 PA 59, and by adding section 32517.
the people of the state of michigan enact:
Sec. 32502. The lands covered and affected by this part are all of the unpatented lake bottomlands and unpatented made lands in the Great Lakes, including the bays and harbors of the Great Lakes, belonging to the state or held in trust by it, including those lands that have been artificially filled in. The waters covered and affected by this part are all of the waters of the Great Lakes within the boundaries of the state. This part shall be construed so as to preserve and protect the interests of the general public in the lands and waters described in this section, to provide for the sale, lease, exchange, or other disposition of unpatented lands and the private or public use of waters over patented and unpatented lands, and to permit the filling in of patented submerged lands whenever it is determined by the department that the private or public use of those lands and waters will not substantially affect the public use of those lands and waters for hunting, fishing, swimming, pleasure boating, or navigation or that the public trust in the state will not be impaired by those agreements for use, sales, lease, or other disposition. The word "land" or "lands" as used in this part refers to the aforesaid described unpatented lake bottomlands and unpatented made lands and patented lands in the Great Lakes and the bays and harbors of the Great Lakes lying below and lakeward of the natural ordinary high-water mark, but this part does not affect property rights secured by virtue of a swamp land grant or rights acquired by accretions occurring through natural means or reliction. For purposes of this part, the ordinary high-water mark shall be at the following elevations above sea level, international Great Lakes datum of 1955: Lake Superior, 601.5 feet; Lakes Michigan and Huron, 579.8 feet; Lake St. Clair, 574.7 feet; and Lake Erie, 571.6 feet; or the elevation of the surface of each lake during calm water, whichever is higher.
Sec. 32517. (1) The department shall develop and make available a simplified application for a permit under this part if the water level of any lake is 1 foot or more above the numeric level specified for that lake in section 32502.
(2) An applicant may use the simplified application for a shoreline protection structure if all of the following requirements are met:
(a) The project falls within a shoreline protection minor project category established under section 32512a.
(b) The work has not been done in violation of a permit requirement under this part.
(3) The simplified permit application shall include all of the following:
(a) The name, address, and telephone number of the property owner and any other contact information required by the department.
(b) The location of the proposed structure by address and legal description.
(c) A description of the purpose of the project.
(d) A description of project construction.
(e) A plan showing the project on an adequate scale with contours and cross-section profiles.
(f) Other relevant information required by the department.
(4) All of the following apply to an application under this section:
(a) The 30-day period under section 1305 shall be considered to be 14 days.
(b) The processing period, notwithstanding the time frame in section 1301(i), is 28 days.
