HB 5938

substitute for
House BILL NO. 5938
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection
act,"
by amending section 30307 (MCL 324.30307), as amended
by 2018 PA 631.
the peoplE of the state of michigan enact:
Sec. 30307. (1) Within 60 Not later than
30 days after receipt of the completed application and fee, the
department may hold a hearing. If a hearing is held, it shall the hearing must
be held in the county where the wetland to which the permit is to apply
is located. Notice of the hearing shall must be given in the same manner as for the
promulgation of rules under the administrative procedures act of 1969, 1969 PA
306, MCL 24.201 to 24.328. The department may approve or disapprove a permit
application without a public hearing unless a person requests a hearing in
writing within not
later than 20 days after the mailing of notification of the permit
application as required by subsection (3) or unless the department determines
that the permit application is of significant impact so as to warrant a public hearing.
(2) The action
taken by the department on a permit application under this part or part 13 may
be appealed pursuant to in accordance with the administrative procedures act
of 1969, 1969 PA 306, MCL 24.201 to 24.328. A property owner may, after
exhaustion of administrative remedies, bring appropriate legal action in a court. of competent
jurisdiction.
(3) The department
shall post on its the
department's website, and shall have
a process to provide electronic mail email notification of, all of the following under
this part:
(a) A list of
pending applications.
(b) Public notices.
(c) Public hearing
schedules.
(4) A local unit of
government may regulate wetland within its the local unit of government's boundaries, by
ordinance, only as provided under this part. This subsection is supplemental to
the existing authority of a local unit of government. An ordinance adopted by a
local unit of government pursuant to under this subsection shall
must comply with all of the following:
(a) The ordinance shall must not
provide a different definition of wetland than is provided in this part, except
that a wetland ordinance may regulate wetland of less than 5 acres in size.
(b) If the
ordinance regulates wetland that is smaller than 2 acres in size, the ordinance
shall must comply
with section 30309.
(c) The ordinance shall must comply
with sections 30308 and 30310.
(d) The ordinance shall must not
require a permit for uses that are authorized without a permit under section
30305, and shall must
otherwise comply with this part.
(5) A local unit of
government that adopts an ordinance regulating wetlands
wetland under subsection (4) shall
notify the department.
(6) A local unit of
government that adopts an ordinance regulating wetlands
wetland shall use an application form
supplied by the department, and each person applying for a permit shall make
application directly to the local unit of government. Upon On receipt,
the local unit of government shall forward a copy of each application along
with any state fees that may have been submitted under section 30306 to the
department. The department shall begin reviewing the application as provided in
this part. The local unit of government shall review the application pursuant to its in
accordance with the ordinance and shall modify,
approve, or deny the application within not later than 90 days after receipt. If a local unit
of government does not approve or disapprove the permit application within the
time period provided by this subsection, the permit application shall be is considered
approved, and the local unit of government shall be
is considered to have made the
determinations as listed in section 30311. The denial of a permit shall must be
accompanied by a written statement of all reasons for denial. The failure to
supply complete information with a permit application may be reason for denial
of a permit. If requested, the department shall inform a person whether or not
a local unit of government has an ordinance regulating wetlands. wetland. If
the department receives an application with respect to a wetland located in a
local unit of government that has an ordinance regulating wetlands, wetland, the
department immediately shall forward the application to the local unit of
government, which shall modify, deny, or approve the application under this
subsection. The local unit of government shall notify the department of its
decision. The department shall proceed as provided in this part.
(7) If a local unit
of government does not have an ordinance regulating wetlands, wetland, the
department shall promptly send a copy of the permit application to the local
unit of government where the wetland is located. The local unit of government
may review do any
of the following:
(a) Review the
application. ; may
hold
(b) Hold a
hearing on the application. ; may recommend
(c) Recommend approval,
modification, or denial of the application to the department. or may notify
(d) Notify the
department that the local unit of government declines to make a recommendation.
The recommendation of the local unit of government, if any, shall must be made
and returned to the department within not later than 45 days after the local unit of
government's receipt of the permit application.
(8) In addition to
the requirements of subsection (7), the department shall notify the local unit
of government that the department has issued granted a permit under this part pertaining to
wetland located within the jurisdiction of that local unit of government within not later than 15
days of after the issuance
of the permit. The department shall enclose a copy of the permit with the
notice.
(9) After a
permit is granted under this section, the permit holder may request to make
changes to the permit and shall submit a request to make changes on a form and
in a manner prescribed by the department. The department may authorize
additional changes, other than those changes requested by the permit holder, if
the following conditions are met:
(a) The
department's additional changes do not provide for any new or additional
requirements that are unrelated to the changes that the permit holder requested
under this subsection.
(b) The
department must not readdress any portion of the permit that was previously
examined or approved.
(c) The
department must notify the permit holder of the department's additional changes
not later than 7 days after receipt of the permit holder's request for changes.
The department shall not authorize any additional changes to a permit after the
expiration of the 7-day time period.
(10) A
permit holder that requests to make changes to a permit under subsection (9)
does not restart the application process under this part or part 13 for
granting a permit.
Enacting section 1.
This amendatory act does not take effect unless all of the following bills of
the 103rd Legislature are enacted into law:
(a) House Bill No. 5936.
(b) House Bill No. 5937.
(c) House Bill No. 6038.