Michigan-2023-HB6030-Introduced

HOUSE BILL NO. 6030

November 07, 2024, Introduced by Rep. Andrews and referred to the Committee on Natural Resources, Environment, Tourism and Outdoor Recreation.

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 32312, 32312a, and 32510 (MCL 324.32312, 324.32312a, and 324.32510), section 32312 as amended by 2021 PA 91, section 32312a as added by 1997 PA 126, and section 32510 as added by 1995 PA 59, and by adding section 32510a.

the people of the state of michigan enact:

Sec. 32312. (1) To Subject to section 32312a, 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 the rules require permits, are required under rules promulgated under this part, the permits must be issued pursuant to in accordance with the rules and part 13. When reviewing an application for a permit under this part, the department shall give deference to a landowner's rights over public access rights. Except as provided under subsection (2), until October 1, 2025, if permits are required pursuant to under the rules, promulgated under this part, an application for a permit must be accompanied by a fee as follows:

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

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

(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.

(2) A project that requires review and approval under this part and under 1 or more of the following is subject to only the single highest permit fee required under this part or the following:

(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 section 32312a or 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 section 32312a or the rule.

Sec. 32312a. (1) Notwithstanding any other provision of this part or the rules promulgated under this part, the department shall allow above grade walls to be constructed only with movable any of the following:

(a) Moveable brick.

(b) Stone.

(d) Soft, permeable synthetic textile material that consists of polypropylene or polyester and contains not more than 4% carbon black. A textile material used under this subdivision must not contain BPA.

(2) A permit is not required under this part for construction of a soft erosion control structure if all of the following conditions are met:

(a) The structure is installed on the shoreland of 1 of the following bodies of water:

(i) Lake Superior.

(ii) Lake Michigan.

(iii) Lake Huron.

(iv) Lake Erie.

(v) Lake St. Clair.

(b) The structure is constructed using sandbags, sand-filled geotubes, or geotextile tubes that are made from biodegradable materials or soft, permeable synthetic textile material that consists of polypropylene or polyester and contains not more than 4% carbon black. A textile material used under this subdivision must not contain BPA.

(d) To the extent reasonably possible to ensure shoreland and dune preservation and protection, the structure does not extend into the water of any of the bodies of water listed in subdivision (a) and does not impair walkability.

(e) Before installation of the structure begins, the property owner files a notice with the department, in writing, that contains all of the following information:

(i) The property owner's name, address, telephone number, and email address.

(ii) A physical description of where the soft erosion control structure will be installed.

(iii) The materials that will be used to construct the soft erosion control structure.

(iv) Any other information considered necessary by the department.

(3) A soft erosion control structure installed under subsection (2) may remain in place as long as both of the following apply:

(a) The structure does not impede or prevent walkability along the shoreline when the water is below the ordinary high water mark.

(b) The majority of the structure is covered by sand or otherwise is not visible, and any part of the structure that is visible does not show signs of degradation.

(4) The owner of the property at which a soft erosion control structure is installed may file an application for a permit required under this part to install a hard wall revetment to replace the soft erosion control structure. If the owner files an application for a permit to install a hard wall revetment, the soft erosion control structure may remain in place until the department issues a permit under this part. If the owner has an operational septic system within 100 feet of the wave cut, the owner may install a hard wall revetment to replace the soft erosion control structure without applying for a permit under this part. Removal of a soft erosion control structure under this subsection does not require a permit under this part.

Sec. 32510. (1) Except as provided in subsection (2), a person who that excavates or fills or in any manner alters or modifies any of the land or waters subject to this part without the approval of the department or that violates section 32510a is guilty of a misdemeanor , punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both. Land altered or modified in violation of this part shall must not be sold to any person convicted under this section at less than fair, cash market value.

(2) A person who that commits a minor offense is guilty of a misdemeanor, punishable by a fine of not more than $500.00 for each violation. A law enforcement officer may issue and serve an appearance ticket upon on a person for a minor offense pursuant to in accordance with sections 9a to 9g of chapter IV of the code of criminal procedure, Act No. 175 of the Public Acts of 1927, being sections 764.9a to 764.9g of the Michigan Compiled Laws.1927 PA 175, MCL 764.9a to 764.9g.

(3) As used in this section, "minor offense" means either any of the following violations of this part if the department determines that restoration of the affected property is not required:

(a) The failure to obtain a permit under this part.

(b) A violation of a permit issued under this part.

Sec. 32510a. A permit is not required under this part for construction of a soft erosion control structure if all of the following conditions are met:

(a) The structure is installed on the bottomlands of 1 of the following bodies of water: