SB 526

SENATE BILL NO. 526
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection
act,"
by amending sections 80110 and 80112 (MCL 324.80110 and
324.80112), section 80110 as amended by 2020 PA 72 and section 80112 as amended
by 2006 PA 237.
the people of the state of michigan enact:
Sec. 80110. (1) Except as provided under
section 80112a, the department may initiate an investigation and inquiry into
the need for a special rule for the use of vessels, water skis, water sleds,
aquaplanes, surfboards, or other similar contrivances on any of the waters of
this state to assure ensure compatibility of uses and to protect public
safety. If the department receives a resolution under section 80112, the
department shall do 1 of the following, as applicable:
(a) If the request concerns a lake without public access, and the
request is supported by a petition containing signatures from the owners
representing 75% or more of the properties with riparian rights, grant the
request. If the department grants the request, the political subdivision may
adopt and enforce an ordinance as described in the request. Subsections (2) to
(6) and section 80111 do not apply to the ordinance.
(b) If subdivision (a) does not apply, initiate an investigation and inquiry
under this subsection.
(2) The
department's investigation and inquiry under subsection (1) (1)(b) into
whether a special rule is needed on a water body must include consideration of all of the following:
(a) Whether the
activities subject to the proposed rule pose any issues of safety to life or
property.
(b) The profile of
the water body, including the name of the political subdivision with
jurisdiction, size, geographic location, and amount of vessel traffic.
(c) The current and
historical depth of the water body, including whether there is an established
lake level.
(d) Whether any
special problems or conditions exist on the water body for the activities
subject to the proposed rule, such as rocks, pier heads, swimming areas, public
access sites, shallow waters, and submerged obstacles.
(e) Whether the
proposed rule would unreasonably interfere with normal navigational traffic.
(f) Whether user
conflicts exist on the water body.
(g) Complaints
received by local law enforcement agencies regarding activities on the water
body.
(h) The status of
any accidents that have occurred on the water body.
(i) Historical uses
of the water body and potential future uses of the water body.
(j) Whether the
water body is public or private.
(k) Whether
existing law adequately regulates the activities subject to the proposed rule.
(3) Following
completion of the department's investigation and inquiry under subsection (1), (1)(b), the
department shall prepare a preliminary report that includes the department's
evaluation of the items listed in subsection (2) and a preliminary
recommendation as to whether a special rule is needed for the water body.
(4) On preparation completion of
the preliminary report under subsection (3), the department shall provide a
copy of the preliminary report to the political subdivision and schedule a
public hearing in the vicinity of the water body to gather public input on the
preliminary report and the need for a special rule. The department shall
provide notice of the public hearing in a newspaper of general circulation in
the area where the water body is located not less than 10 days before the
hearing. At the public hearing, any interested person may comment on the
preliminary report and the need for a special rule, either orally or in
writing.
(5) Within 90 days
after the public hearing under subsection (4), if the department determines
that a special rule is needed for the water body, the department shall propose
a local ordinance or appropriate changes to a local ordinance. If the
department determines that a special rule is not needed, the department shall
notify the political subdivision and provide the specific reasons for the
determination.
(6) A determination
by the department under this section that a special rule is not needed for the
water body may be appealed to the director by the political subdivision. The
director shall make the final agency decision on whether a special rule is needed
for the water body.
(7) As used in this
section, "water body" includes all or a portion of a water body.
Sec. 80112. Local
Following a public hearing, the governing body
of a political subdivisions that believe subdivision may adopt a resolution informing the department that
a special local ordinances
of the type authorized by this part are ordinance
as described in section 80110(1) is needed on waters subject to their the political
subdivision's jurisdiction. shall inform the department and request assistance. All
such requests shall be in the form of an official resolution approved by a
majority of the governing body of the concerned political subdivision following
a public hearing on the resolution. Upon receipt of a resolution under this
section, Except as provided in section 80110(1)(a),
upon receipt of the resolution, the department shall proceed as required
by sections 80110 and 80111.