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ALLOW EMERGENCY ORDERS TO BE ISSUED TO
ADDRESS HAZARDOUS STRUCTURES AND FILL
Analysis available at
House Bill 4832 as introduced http://www.legislature.mi.gov
Sponsor: Rep. Julie M. Rogers
Committee: Natural Resources, Environment,
Tourism and Outdoor Recreation
Complete to 9-20-23
House Bill 4832 would amend the Natural Resources and Environmental Protection Act
(NREPA) by adding a new section, section 30111d, which would allow the director of the
Department of Environment, Great Lakes, and Energy (EGLE) to issue a written emergency
order that requires action be taken by the owner of a structure or fill located on bottomlands
that is in imminent danger of failure or is causing, or threatening to cause, significant harm to
public health, safety, welfare, property, or natural resources or the public trust in natural
resources. The order could require the owner to immediately repair or remove the structure or
fill or take any other action the director determines necessary.
Part 301 of NREPA contains provisions regarding inland lakes and streams. Presently,
bottomland is defined as the land area of an inland lake or stream that lies below the ordinary
high-water mark and that may or may not be covered by water.
Inland lake or stream means either:
• An artificial or natural lake, pond, or impoundment that is a water of the United States
as that term is used in 33 USC 1362.
• A natural or artificial lake, pond, or impoundment; a river, stream, or creek which may
or may not be serving as a drain as defined by the Drain Code; or any other body of
water that has definite banks, a bed, and visible evidence of a continued flow or
continued occurrence of water, including the St. Marys, St. Clair, and Detroit Rivers,
but not including the Great Lakes, Lake St. Clair, or a lake or pond that has a surface
area of less than five acres.
If an owner failed to comply with an emergency order or was unavailable or unable to be
contacted, EGLE could take the action necessary and recover the costs incurred from the owner
in a civil action in a court of competent jurisdiction. The director could modify an emergency
order and could also terminate an emergency order upon a determination in writing that all
necessary emergency actions have been completed and that an emergency no longer exists.
Within 15 days after the emergency order’s issuance, EGLE would have to provide the owner
with an opportunity for a hearing as provided under Chapter 4 of the Administrative Procedures
Act. At the hearing, the director would have to determine, based on information and fact,
whether the issued emergency order must be continued, modified, suspended, or terminated as
necessary for, or consistent with, the protection of public health, safety, welfare, property, or
natural resources or the public trust in natural resources.
Proposed MCL 324.30111d
House Fiscal Agency Page 1 of 2
House Bill 4832 is unlikely to directly or immediately increase costs for EGLE. The
department may realize increased costs if it becomes necessary to repair or remove a
bottomlands structure or fill as described in the bill. Similarly, EGLE may realize increased
administrative costs in the course of assessing the significant harm or imminent danger caused
by bottomlands structures or fills under the bill. The bill provides a means for EGLE to cover
these costs through pursuit of a civil action. The bill is unlikely to affect costs or revenues for
Legislative Analyst: Josh Roesner
Fiscal Analyst: Austin Scott
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations and does not constitute an official statement of legislative intent.
House Fiscal Agency HB 4832 as introduced Page 2 of 2Statutes affected:
House Introduced Bill: 324.101, 324.90106