Bill Text: MI SB0061 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Natural resources: shorelands; expedited permit processing during high water; provide for and change definition of ordinary high water mark. Amends sec. 32502 of 1994 PA 451 (MCL 325.32502) & adds sec. 32517.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-01-28 - Referred To Committee On Environmental Quality [SB0061 Detail]
Download: Michigan-2021-SB0061-Introduced.html
SENATE BILL NO. 61
January 28, 2021, Introduced by Senator VICTORY
and referred to the Committee on Environmental Quality.
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 application period, notwithstanding the time frame in section 1305(1), is
14 days.
(b)
The processing period, notwithstanding the time frame in section 1301(i), is 28
days.
