HOUSE BILL NO. 6165
November 26, 2024, Introduced by Reps. Hood, Mentzer, Dievendorf, Weiss, Morgan, Rheingans,
Young, Paiz and Brenda Carter 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 35301, 35302, 35303, 35304, 35305, 35306,
35308, 35309, 35310, 35311, 35312, 35313, 35314, 35315, 35316,
35319, 35321, 35323, and 35324 (MCL 324.35301, 324.35302,
324.35303, 324.35304, 324.35305, 324.35306, 324.35308, 324.35309,
324.35310, 324.35311, 324.35312, 324.35313, 324.35314, 324.35315,
324.35316, 324.35319, 324.35321, 324.35323, and 324.35324),
sections 35301, 35302, 35304, 35305, 35306, 35310, 35311, 35312,
35313, 35316, 35319, 35321, and 35323 as amended by 2012 PA 297 and
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sections 35303, 35308, 35309, 35314, 35315, and 35324 as added by
1995 PA 59, and by adding sections 35304b and 35326; and to repeal
acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 35301. As used in this part:
2 (a) "Atlas" means "Atlas of Critical Dunes" published by the
3 department of natural resources and dated February 17, 1989, as
4 updated pursuant to section 35311.
5 (b) (a) "Contour change" includes any grading, filling,
6 digging, or excavating that involves more than 100 square feet or
7 that otherwise significantly alters the physical characteristic of
8 a critical dune area, except that which is involved in sand dune
9 mining as defined in part 637.
10 (c) (b) "Crest" means the line at which the first lakeward
11 facing slope of a critical dune ridge breaks to a slope of less
12 steep than a 1-foot vertical rise in a 5-1/2-foot horizontal plane
13 for a distance of at least 20 feet, if the areal extent where this
14 break occurs is greater than 1/10 acre in size.
15 (d) (c) "Critical dune area" means a geographic area
16 designated in the "atlas of critical dune areas" dated February
17 1989 that was prepared by the department of natural
18 resources.atlas.
19 (e) (d) "Department" means the department of environmental
20 quality.environment, Great Lakes, and energy.
21 (f) "Director" means the director of the department or the
22 director's designee.
23 (g) (e) "Foredune" means 1 or more low linear dune ridges that
24 are parallel and adjacent to the shoreline of a Great Lake and are
25 rarely greater than 20 feet in height. The lakeward face of a
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1 foredune is often gently sloping and may be vegetated with dune
2 grasses and low shrub vegetation or may have an exposed sand face.
3 (f) "Model zoning plan" means the model zoning plan provided
4 for in sections 35304 to 35309 and 35311a to 35324.
5 (h) (g) "Permit" means a permit for a use within a critical
6 dune area under this part.
7 (h) "Planning commission" means the body or entity within a
8 local government that is responsible for zoning and land use
9 planning for the local unit of government.
10 (i) "Restabilization" means restoration of the natural
11 contours of a critical dune to the extent practicable, the
12 restoration of the protective vegetative cover of a critical dune
13 through the establishment of indigenous native vegetation, and the
14 placement of snow fencing or other temporary sand trapping
15 measures. for the purpose of preventing erosion, drifting, and
16 slumping of sand.
17 (j) "Special use project" use" means any of the following:
18 (i) A proposed use in a critical dune area for an industrial or
19 commercial purpose regardless of the size of the site.
20 (ii) A multifamily use of more than 3 acres.
21 (iii) A multifamily use of 3 acres or less if the density of use
22 is greater than 4 individual residences per acre.
23 (iv) A proposed use in a critical dune area, regardless of size
24 of the use, that the planning commission, or the department if a
25 local unit of government does not have an approved zoning
26 ordinance, determines would damage or destroy features of
27 archaeological, cultural, or historical significance.
28 (k) "Use" means a developmental, any development activity,
29 including, but not limited to, industrial, commercial, residential,
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1 agricultural, silvicultural, or recreational development activity,
2 done or caused to be done by a person that significantly alters the
3 physical characteristic of a critical dune area or a contour change
4 done or caused to be done made or caused by a person. Use does not
5 include sand dune mining as defined in part 637.
6 (l) "Utility line" means any pipe or pipeline used for the
7 transportation of any gaseous, liquid, liquescent, or slurry
8 substance, for any purpose, and any cable, line, or wire for the
9 transmission for any purpose of electrical energy, telephone or
10 telegraph messages, or internet, radio, or television
11 communication.
12 (m) (l) "Zoning ordinance" means an ordinance of a local unit
13 of government that regulates the development use of critical dune
14 areas within the local unit of government. pursuant to the
15 requirements of this part.
16 Sec. 35302. The legislature finds that:
17 (a) The critical dune areas of this state are a unique,
18 irreplaceable, and fragile resource that provide significant
19 recreational, economic, scientific, geological, scenic, botanical,
20 educational, agricultural, and ecological benefits to the people of
21 this state and to people from other states and countries who visit
22 this resource.
23 (b) The purpose of this part is to balance for present and
24 future generations the benefits of protecting, preserving,
25 restoring, and enhancing the diversity, quality, functions, and
26 values of the state's critical dunes with the benefits of economic
27 development and multiple human uses of the critical dunes and the
28 benefits of public access to and enjoyment of the critical dunes.
29 To accomplish this purpose, this part is intended to do all of the
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1 following:
2 (i) Ensure and enhance the diversity, quality, functions, and
3 values of the critical dunes in a manner that is compatible with
4 private property rights.
5 (ii) Ensure sound management of all critical dunes by allowing
6 for compatible economic development and multiple human uses of the
7 critical dunes.
8 (iii) Coordinate and streamline governmental decision-making
9 affecting critical dunes through the use of the most comprehensive,
10 accurate, and reliable information and scientific data available.
11 (b) In addition to the department, local units of government
12 should have the opportunity to manage critical dune areas.
13 (c) Industrial, commercial, residential, agricultural,
14 silvicultural, or recreational use or alteration of critical dune
15 areas should occur only if the protection of the environment and
16 the ecology of the critical dune areas for the benefit of the
17 present and future generations is assured.
18 Sec. 35303. (1) As soon as practicable following July 5, 1989,
19 the department shall notify by mail each local unit of government
20 that has within its jurisdiction critical dune areas, and include a
21 copy of the "atlas of critical dune areas" dated February 1989 and
22 a copy of former Act No. 222 of the Public Acts of 1976 with the
23 notice. By October 1, 1989, the department shall mail a copy of the
24 same notice to each property owner of record who owns property
25 within a critical dune area. The notices shall include the
26 following information:
27 (1) (a) That designated property within the local unit of
28 government Upon revision of the atlas, the department shall notify
29 each property owner of record that owns property that has been
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1 newly designated or removed from designation as a critical dune
2 area that the property is a critical dune area that the use of
3 which is subject to regulation by the department under former Act
4 No. 222 of the Public Acts of 1976.this part.
5 (b) That a local unit of government may adopt a zoning
6 ordinance that is approved by the department, or, if the local unit
7 of government does not have an approved ordinance, the use of the
8 critical dune area will be regulated by the department under the
9 model zoning plan.
10 (2) Upon the request of If requested by the department, a
11 local unit of government shall supply provide to the department the
12 address of each property owner of record who owns property within a
13 critical dune area within its jurisdiction in a timely manner, that
14 enables to enable the department to provide notice to the property
15 owners as required under subsection (1).
16 Sec. 35304. (1) A person shall not initiate undertake a use
17 within a critical dune area unless the person obtains a permit from
18 the local unit of government in which the critical dune area is
19 located or the department if the department issues permits as
20 provided under subsection (7). A permit for a use within a critical
21 dune area is subject to all of the following:
22 (a) A person proposing a use within a critical dune area shall
23 file an application with the local unit of government, or with the
24 department if the department is issuing permits under the model
25 zoning plan. except as authorized by a permit issued by the
26 department pursuant to part 13.
27 (2) Before filing an application, a person may request a
28 meeting with the department as provided in section 35304b.
29 (3) The application form for the permit shall include
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1 information necessary to conform with the requirements of this
2 part. If a project proposes the use of more than 1 critical dune
3 area location within a local unit of government, 1 application may
4 be filed for the uses.
5 (b) The local unit of government shall provide notice of an
6 application filed under this section to each person who makes a
7 written request to the local unit of government for notification of
8 pending applications. The local unit of government may charge an
9 annual fee for providing this notice. The local unit of government
10 shall prepare a monthly list of the applications made during the
11 previous month and shall promptly provide copies of the list for
12 the remainder of the calendar year to the persons who have
13 requested notice. In addition, if the department issues permits
14 under this part within a local unit of government, required by
15 section 35313. The application shall be accompanied by an
16 application fee, in the following amount, subject to subsections
17 (4) and (5):
18 (a) Except as otherwise provided in this subsection,
19 $2,000.00.
20 (b) For uses meeting the requirements of a minor project
21 category established under subsection (10), $300.00.
22 (c) For uses meeting the requirements of a general permit
23 category established under subsection (11), $150.00.
24 (d) For a special use, $4,000.00.
25 (4) If work has been done in violation of a permit requirement
26 under this part, the department shall consider accepting and may
27 accept an application for a permit if the application is
28 accompanied by a fee equal to twice the application fee otherwise
29 required under this section.
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1 (5) Beginning January 1, 2028 and by January 1 every 3 years
2 after 2028, the department shall adjust the current fees by an
3 amount, rounded to the nearest 5 dollars, determined by the state
4 treasurer at the end of the preceding fiscal year to reflect the
5 cumulative percentage change in the Detroit Consumer Price Index
6 for the most recent 3-year period for which data is available for
7 the Detroit area from the United States Department of Labor, Bureau
8 of Labor Statistics.
9 (6) If, within 30 days after the department notifies the
10 applicant under section 1305(2), or a longer period agreed to by
11 the applicant and the department in writing, the applicant fails to
12 submit the specified information or fee amount requested by the
13 department, the department may consider the application to be
14 withdrawn and the application to be closed.
15 (7) The department shall post on its publicly accessible
16 website an updated list of pending permit applications and public
17 hearings under this part. The department shall establish a process
18 to provide notice of the list by first-class mail to persons who
19 request notification. The department shall give notice of an
20 application shall also be given by first-class mail to all of the
21 following:
22 (a) The local conservation district office. , the
23 (b) The county clerk. , the
24 (c) The county health department. , and the
25 (d) The local unit of government in which the property
26 proposed use is to be located. The monthly list shall state the
27 name and address of each applicant, the location of the applicant's
28 project, and a summary statement of the purpose of the use. The
29 local unit of government may hold a public hearing on pending
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1 applications.
2 (e) The owners of property adjacent to or within 500 feet of
3 the property where the proposed use is located.
4 (8) (c) The notice Notice under subsection (7) shall state
5 that, unless a written request is filed with the local unit of
6 government department within 20 days after the notice is sent, the
7 local unit of government department may grant the application
8 without a public hearing. Upon However, the department may issue a
9 conditional permit before the expiration of the 20-day period if
10 emergency conditions warrant a use to protect property or the
11 public health, safety, or welfare.
12 (9) On the timely written request of 2 or more persons who
13 that own real property or reside within 2 miles of the project, the
14 local unit of government where the proposed use is to be located or
15 an adjacent local unit of government, the local unit of government
16 department shall hold a public hearing pertaining to on a permit
17 application.
18 (d) At The department shall give at least 10 days' notice of a
19 the time, date, location, and purpose of the hearing to be held
20 pursuant to this section shall be given by publication in 1 or more
21 newspapers of general circulation in the county in which the
22 proposed use is to be located. , And by providing In addition, the
23 department shall give notice of the hearing to all of the
24 following:
25 (a) The persons who have that requested notice pursuant to
26 subdivision (b) And to the person requesting subsection (7).
27 (b) The persons that requested the hearing.
28 (c) The owners of property adjacent to or within 500 feet of
29 the property where the proposed use is located.
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1 (10) After providing notice and an opportunity for a public
2 hearing, the department may establish minor project categories of
3 uses that are similar in nature, that have minimal adverse
4 environmental effects when performed separately, and that will have
5 only minimal cumulative adverse effects on the environment. The
6 department may act upon an application for a use within a minor
7 project category without providing notices pursuant to subsection
8 (7) or (9). All other provisions of this part, except subsection
9 (11), are applicable to a minor project.
10 (11) After providing notice and an opportunity for a public
11 hearing, the department may issue general permits on a statewide
12 basis or within a local unit of government for uses that are
13 similar in nature, that will cause only minimal adverse
14 environmental effects when performed separately, and that will only
15 have minimal cumulative adverse effects on the environment. Before
16 authorizing a specific use to proceed under a general permit, the
17 department may provide notice pursuant to subsection (7) but shall
18 not hold a public hearing and shall not typically require a site
19 inspection. A general permit issued under this subsection shall not
20 be valid for more than 5 years.
21 (12) The department may issue, deny, or impose conditions on a
22 use authorized under a minor project category or a general permit
23 if the conditions are designed to remove an impairment to the
24 critical dune area or to mitigate the effects of the project. The
25 department may also establish a reasonable time when the proposed
26 use is to be completed or terminated.