shorelands protection and management Act

[From the U.S. Government Printing Office, www.gpo.gov]

THE SHORELANDS PROTECTION
AND MANAGEMENT ACT
. . . . .for the protection of
life, property, and natural
resources.

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ACT 245 of 1970
GREAT LAKES SHORELANDS MANAGEMENT

This document was prepared In part through financial
assistance provided by the Coastal Zone Management Act
of 1972 administered by the Office of Coastal Zone Manage-
ment, National Oceanic and Atmospheric Administration.

THE SHORELANDS PROTECTION
AND MANAGEMENT ACT

MICHIGAN NATURAL RESOURCES COMMISSION

Dr. Jacob A. Hoefef Paul H. Wendler
E. m. Laitaia Harry H. Whiteley
Hilary F. Snail Joan L. Wolfe
Charles G. Younglove

DIVISION OF LAND RESOURCE PROGRAMS
Karl R. Hosford, Chief

MICHIGAN DEPARTMFNT OF NATURAL RESOURCES
Howard A. Tanner, Director

March 1982

INTRODUCTION
Historically, the people of Michigan have recognized
the desirability of our Great Lakes shorelands. Today,
this is evident by the ever increasing pressures to
develop our coastal areas. In an effort to provide
consumer protection and prevent the needless destruc-
tion of critical shoreland habitat, the Michigan
Legislature by near unanimous vote passed the
Shorelands Protection and Management Act, Act 245
of the Public Acts of 1970, as amended.

Act 245 mandates the Department of Natural
Resources to regulate some of the uses and develop-
ment within three types of sensitive coastal areas: high
risk erosion, flood risk and environmental. These areas
have certain limited tolerances which cannot be
exceeded without weakening or destroying coastal
resources. Indiscriminate destruction of environmental
areas and unregulated development in flood risk and
high risk erosion areas has led to losses exceeding
several million dollars annually.

This manual is intended to assist citizens and local units
of government in understanding the provisions of Act
245. In the following pages, you will find questions and
answers which will be helpful in understanding the
Shorelands Protection and Management Act and the
Great lakes Shorelands Rules which are also included
in this publication. The question and answer portion of
this booklet is divided into three sections correspond-
ing to the three types of areas addressed under the
Shorelands Protection and Management Act.

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INDEX

PAGE

Questions & Answers I
a. high risk erosion areas I
b. flood risk areas 7
c. environmental areas 13

2. Law 19

3. Rules 27

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HIGH RISK EROSION AREAS

I. What is a high risk erosion area?
A high risk erosion area is any shoreland area
of the Great Lakes or connecting waterways
where Department approved erosion studies
have indicated that the bluffline is receding
(moving landward) at an average rate of one
foot or greater per year.
2. How can the bluffline be identified?
The bluffline is the line which is the edge or
crest of the elevated segment of the shoreline
above the beach which normally has a
precipitous front inclining steeply on the
lakeward side.
1A 3. What are connecting waterways?
Connecting waterways are defined in Act 245
to be the St. Mary's River, Detroit River, St.
Clair River and Lake St. Clair.

4. Why do high risk erosion areas require
management?
Management is necessary to reduce property
loss from the natural hazard of rapidly eroding
shorelands. The legislation requires a building
setback for permanent structures which may in
the future be built in high risk erosion areas.
Building setbacks are determined to prevent
damages from erosion for at least a 30-year
period.

5. What is defined as a permanent structure?
A permanent structure is a residential, com-
mercial, industrial or institutional building, a
mobile home, related or accessory buildings,
and septic systems, tile fields and other waste
handling facilities. Recreational vehicles and
travel trailers, as well as other structures that
are less than 15 feet by 15 feet by 10 feet high,
are used for storage and picnicking, do not
have a permanent foundation, and are easily
moveable, are not considered permanent
structures.

6. Have local agencies and property owners heen
notified of the existence of high risk erosion
areas ?
Yes. Since 1974, notices have been mailed to
local agencies and property owners. As addi-
tional high risk erosion areas are designated,
and studies are updated, affected local units of
government and property owners are notified..

7. Are designated high risk erosion areas the
only areas with erosion problems?
Most areas of the shoreline are subject to
some erosion. Building setbacks are only
required on shorelands receding at an average
annual rate of one foot or greater per year.
8. What is a building setback?
A building setback is the required distance
between the bluffline and the permanent
structure..
9. How is a building setback determined?
Through various techniques, most involving
comparisons of aerial photographs, the Depart-
ment of Natural Resources determines the
average annual bluff recession rate. The
average annual recession rate is multiplied by
a 30-year life for the structure. The resultant
value may be adjusted for recession rate
variability within the area to produce a
minimum required setback from the bluffline
which should protect a permanent structure
from damages for at least 30 years. In addition
to the minimum required setback, the Depart-
ment also provides a recommended setback
which is more responsive to fluctuations in the
erosion processes and should provide longer
protection for property owners.
10. What happens if a parcel is not deep enough
to accommodate the setback?
If a parcel established prior to high risk
erosion area designation is not deep enough
to accommodate the minimum required set-
back, a special exception may be grantec( as

described in Rule 2(9) and Rule 200) (in
section 3 of this booklet).

11. What does a property owner do to obtain a
Permit for a new permanent structure in a
designated high risk erosion area?
In areas without Department of Natural
Resources approved local zoning pursuant to
Act 245, a property owner in a designated high
risk erosion area wishing to build a permanent
structure must submit a permit application to
the Department. Applications are available
from the local building code enforcer or the
Department of Natural Resources, Division of
Land Resource Programs, P.O. Box 30028,
Lansing, Michigan 48909.

12. What happens if a property owner disagrees
with a high risk erosion area designation?
A property owner may appeal the designation
by writing to the Director of the Department
of Natural Resources within 60 days after
receiving a letter of designation. A meeting
may then be held between staff of the
Department of Natural Resources and the
property owner. If the issue cannot be
resolved, a contested case hearing can be
held. This added protection is provided
pursuant to Public Act 306 of 1969, as
amended, and R299.3071 to R299.3081 of the
Michigan Administrative Code.

13. What effect does high risk erosion area
designation have on an existing structure?
An existing structure which is not in conform-
ity with the setback requirement cannot be
altered, enlarged or extended in a manner
which increases its nonconformity. If a
nonconforming structure deteriorates, it may
be restored if the repair costs do not exceed
sixty percent of the replacement value of the
structure in any 12-month period.

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FLOOD RISK AREA

1 What is a flood risk area?
As defined in the Shorelands Protection and
Management Act, a flood risk area is "any
area which is within the 100-year flood plain
of a Great Lake or conne@cting waterway".
This includes lands adjacent to bodies of
water, such as certain coastal river mouths
and coastal lakes, which have levels affected
by the levels of the Great Lakes and
connecting waterways.
2. What is a connecting waterway?
Connecting waterways are defined in Act 245
to be the St. Mary's River, Detroit River, St.
Clair River and Lake St. Clair.
3. What is the 100-year flood?
A 100-year flood has a one percent chance of
being equalled or exceeded during any one
year. This does not mean that such a flood will
occur only once in a 100 years. Rather, a
100-year flood may occur several times within
a 100-year period or not at all. The 100-year
flood frequency is considered to be a severe
flood, but one with a reasonable likelihood of
occurrence for purposes of land planning,
property protection and human safety.

4. How is the 100-year flood plain boundary
determined?
In most cases this involves a detailed engi-
neering study of the community. There are
several sources of acceptable information
listed in Rules 40) and 4(2) (in section 3 of this
booklet). At this time, the Federal Emergency
Management Agency through the Federal
Insurance Administration is conducting detailed
engineering studies of many Great Lake
communities. These studies will provide detailed
flood hazard area maps for each community
and 100-year flood hazard area determinations.
5. Why regulate flood risk areas?
Approximately 300 miles of Michigan shoreline
were subject to flooding during the fall of 1972
and spring of 1.973. Over 12,000 people were
evacuated and upwards of 10,000 homes were
subject to the effects of flooding. Public
assistance to victims of flooding during this
period amounted to over 46 million dollars.
The intent of the flood risk'portion of Act 245
is to minimize future flood damages by
requiring certain building specifications for
structures built in designated flood risk areas.
6. How far does a designated flood risk area
extend landward from a Great Lake or
connecting waterway?
The extent of the 100-year flood plain depends
71 on the elevation of the area. A flood risk area
extends inland to all property that is low
enough to be covered by the waters of a
100-year Great Lake flood.
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7. How are flood risk areas designated?
Flood risk areas may be designated in two
ways:
(1) Areas identified in one of the approved
flood plain delineation studies listed in
Rule 40) have been designated as flood
risk areas by incorporation into the rules.
As future approved flood plain delineation
studies are completed, additional areas will
be designated flood risk areas, on a
community by community basis, by admin-
istrative rule. In these cases, local officials
will be contacted but property owners will
not be individually notified of designation.
(2) Additional areas as identified by studies
other than the approved flood plain deline-
ation studies referred to above, may be
designated flood risk areas utilizing the
procedures described in Rule 4(3), in which
case, property owners will be individually
notified on flood risk designation.

8. How are individual property owners affected
by flood risk area designations?
New structures in a designated flood risk area
must satisfy certain requirements to help
alleviate flooding damage. A property owner
proposing to build a permanent structure on a
parcel, any part of which is in a designated
flood risk area, must apply for and receive a
permit to.ensure that the proposed permanent
structure meets the legislative mandate before
construction can begin. In communities with
Department-app roved flood plain management
ordinances, permitting is handled at the local
level through the municipal building code
enforcer. If a comMunity does not have an

approved ordinance, permits will be issued by
the state. Applications and assistance can be
obtained from the local building code enforcer
or the Department of Natural Resources,
Division of Land Resource Programs, P.O. Box
30028, Lansing, Michigan 48909.
9. Can a property owner contest designation?
Ability to contest designation depends upon
the procedure utilized to initially designate the
flood risk area (see question 7). Where
designation has occurred fhrough administra-
tive rule, it cannot be contested. If the
designation has occurred on the basis of
studies not incorporated by administrative
rule, and property owners have been individu-
ally notified of the designation, then the
designation may be contested by the proce-
dures outline in Rule 4(13).
10. What are the special requirements that
residential structures built in designatedflood
risk areas must meet?
Residential structures built in designated flood
risk areas must meet one of two special
requirements:
(1) The lowest floor, including the basement,
must not be lower than the elevation
defining the flood risk area, or
(2) The basement, or any portion thereof, may
lie below the elevation defining the flood
risk area if the basement, together with
attendant utility and sanitary facilities, is
certified by a professional engineer or
architect to have been designed to be
watertight and able to withstand hydrostatic

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pressures from a water level equal to the
elevation defining the flood risk area.
If option 2 is exercised, the lowest floor,
excluding basement, must be at least one foot
above the elevation defining the flood risk area.
11. What are the requirements for new nonresi-
dential structures?
New nonresidential structures built in a
designated flood risk area must have the
lowest floor, including the basement, not
lower than the elevation defining the flood
risk area. As an alternative, the structure
together with attendant utility and sanitary
facilities must be certified by a professional
engineer or architect to be designed so that
below the elevation defining the flood risk
area, the structure is watertight and able to
withstand hydrostatic pressures from a water
level equal to the elevation defining the flood
risk area.
12. Can a property owner appeal disapproval of a
permit application?
Yes. A property owner may write to the
Director of the Department of Natural Resources
within 60 days after receiving disapproval of a
permit. A meeting may be held between staff
of the Department of Natural Resources and
the property owner. If the issue cannot be
resolved, a contested case hearing can be
held. This added protection is provided
pursuant to Act 306, P.A. of 1969, as amended,
and R 299.3071 to R 299.3081 of the Michigan
Administrative Code.

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ENVIRONMENTAL AREAS

1. What is an environmental area?
As defined in the Shorelands Protection and
Management Act, "an environmental area is an
area necessary for the preservation and
maintenance of fish and wildlife." Environmental
areas are usually wetlands or marshes, but
some are uplands or islands. Environmental
areas are essentiar for nesting, reproduction,
feeding, rearing of young or some other
critical life process of coastal fish and wildlife
species.
2. What benefits in addition to fish and wildlife
habitat do environmental areas provide?
Environmental areas may provide such benefits
as water quality improvement, erosion control,
flood water storage, groundwater recharge,
sediment trapping, and maintenance of natural
plant diversity.
3. What shoreland property does the act apply to
as far as environmental areas are concerned?
The act applies to designated property which
lies up to 1,000 feet landward of the ordinary
high water mark of the Great Lakes or a
connecting waterway, and those lands bordering
or adjacent to waters affected by levels of the
Great Lakes landward of the ordinary high
water mark as defined in Public Act 346 of
1972, as amended.

4. What is a connecting waterway?
The connecting waterways are defined in Act
245 to be the St. Mary's River, Detroit River, St.
Clair River, and Lake St. Clair.
5. What is the ordinary high water mark?
The ordinary high water mark is the legal
boundary separating state controlled bottom-
lands from private property. This mark is the
line between upland and bottomland which
persists through successive changes of water
levels below which the presence and action of
water is common or recurrent so that the
character of the bottomland is marked distinctly
from the upland and is apparent in the soil, in
the configuration of the surface of the soil and
in the vegetation. The ordinary high water
mark is defined by Public Act 247 of 1955, as
amended, as an elevation expressed in feet
above sea level, International Great Lakes
Datum 1955. On Lake Superior it is 601.5 feet,
on Lakes Michigan-Huron it is 579.8 feet, on
Lake St. Clair it is 574.7 feet, and on Lake Erie it
is 571.6 feet.

6. Do all environmental areas extend 1,000 feet
inlandfrom the ordinary high water mark?
Although an environmental area may extend
up to 1,000 feet landward from the ordinary
high water mark, in most cases the boundary
is less than 1,000 feet landward of the ordinary
A high water mark. The extent of the environ-
id, mental area is dependent on the extent of the
valuable- fish and wildlife habitat.

7. Are property owners and local governments
notified of environmental area designations?
Yes. Notices of designation are delivered
personally or by certified mail to the land-
owner of record at the address given in the
last assessment roll and to the appropriate
local government agency.
8. If property is designated as an environmental
area, does'this mean the public can use it?
A property owner's right to control trespass is
not altered by designation.
9. If property is designated as an environmental
area, can it be sold?
Yes. However, the use restrictions of the
environmental area designation carry over to
all subsequent owners.
10. Does environmental area designation affect
the right to hunt, trap or fish on the
property?
No. However, these activities are subject to all
other statutes, ordinances and regulations.
11. Can trees be removed from a designated
environmental area?
Timber harvest is not regulated unless it
involves an identified colonial bird nesting
area, such as a heron rookery.
12. If an entire parcel is a designated environmen-
tal area, can a property owner build on it?
A structure zone not to exceed 12,000 square
feet must be provided for all parcels of land
which are totally included within the bounda-

ries of an environmental area at the time of
designation. Use of the structure zone is
subject to all other statutes, ordinances and
regulations.
13. Are there any tax benefits to this program ?
Yes. Property tax savings may be obtained by
enrolling all or a portion of the designated
area as well as any contiguous nondesignated,
undeveloped property under the Farmland
and Open Space Preservation Act, Act 116 of
1974.
14. What is a property owner required to do - if
his 1her property is designated as an environ-
mental area?
No action is required unless the property
owner wishes to contest the designation.
15. What actions are necessary if the owner of
designated property proposes a "regulated
shoreland use" as defined in Rule 3(6) (in
section 3 of this booklet) on the property?
If the proposed shoreland use is outside the
environmental area boundary, no action
pertaining to the Shorelands Protection and
Management Act is required. If the proposed
shoreiand use is within the environmental area
boundary, a permit must first be obtained
from the Department of Natural Resources,
Division of Land Resource Programs, P.O. Box
30028, Lansing, Michigan 48909..
16. Does environmental area designation of
shoreland property prohibit lake access?
No. The Michigan riparian property owner has

the right to "wharf" to navigable waters.
However, this right is subject to the protection
of shorelands from unnecessary or severe
environmental damage. A permit is necessary
to construct access to open water through the
environmental area.
17. Is Act 245 the only statute which regulates
coastal wetlands?
No. Laws presently in effect on coastal
wetlands in Michigan include the Goemaere-
Anderson Wetland Protection Act, 1979, P.A.
203; the Great Lakes Submerged Lands Act,
1955, P.A. 247; the Inland Lakes and Streams
Act, 1972, P.A. 346; and federal laws including
Section 404 of the Water Pollution Control Act
of 1977 and Section 10 of the Rivers and
Harbors Act of 1899.
18. What if a property owner disagrees with the
environmental area designation?
A property owner may appeal the designation
by writing to the Director of the Department
of Natural Resources within 60 days after
receiving a letter of designation. A meeting
may then be held between staff of the
Department of Natural Resources and the
property owner. If the issue cannot be
resolved, a contested case hearing can be
held. This added protection is provided
pursuant to Act 306, P.A. of 1969, as amended,
R 299.3071 to 299.3081 of the Michigan Admin-
istrative Code, and the Great Lakes Shoreland
Rules.

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THE SHORELANDS PROTECTION AND MANAGEMENT
ACT OF 1970
STATE OF MICHIGAN
Act 245, Public Acts of 1970
as amended by Act 270, Public Acts of 1974
AN ACT to provide for the protection and management of
shorelands; to provide for zoning and zouing ordinances; to
provide certain powers and duties; to authorize certain studies;
to provide for development of certain plans; to promulgate rules;
and to provide for certain remedies for violations of rules.

The People of the State of Michigan enact:

Sec. 1. This act shall be known and may be cited as the
shorelands protection and management act of 1970".

Sec. 2. As used in this act:
(a) "Commission" means the water resources commission.
(b) "Connecting waterway" means the St. Marys river,
Detroit river, St. Clair river, or take St. Clair.
(c) "Department" means the department of natural resources.
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(d) "Environmental area" means an area of the shoreland
determined by the department on the basis of studies and
surveys to be necessary for the preservation and maintenance of
fish and wildlife.
(e) "High risk area" means an area of the shoreland which is
determined by the commission on the basis of studies and
surveys to be subject to erosion.
(f) "Land to be zoned or regulated" means the land in this
state which borders or is adjacent to a Great Lake or a
connecting waterway and which except for flood risk areas are
situated within 1,000 feet landward from the ordinary high-water
mark as defined in section 2 of Act No. 247 of the Public Acts of
1955, as amended, being section 322.702 of the Michigan
Compiled Laws, and those lands bordering or adjacent to waters
affected by levels of the Great Lakes landward of the ordinary
high-water mark as defined by section 2(h) of Act No. 346 of the
Public Acts of 1972, as amended, being sections 281.951 to
281.965 of the Michigan Compiled Laws, and those lands
between the ordinary high-water mark and the water's edge.
(g) "Local agency" means a county, city, village, or
township.
(h) "Shoreland" means the land, water, and land beneath the
water which is in close proximity to the shoreline of a Great
Lake or a connecting waterway.
(i) "Shoreline" means that area of the shorelands where land
and water meet.
0) "Flood risk area" means the area of the shoreland which is
determined by the commission on the basis of studies and
surveys to be subject to flooding from effects of levels of the
Great Lakes and is not limited to 1,000 feet.

Sec. 3. Within I year after the effective date of this act, the
commission shall make or cause to be made an engineering
study of the shoreland to determine:
(a) The high risk areas.
(b) The areas of the shorelands which are platted or have
buildings or structures and which require protection from
erosion.

(c) The type of protection which is best suited for an area
determined in subdivision (b).
(d) A cost estimate of the construction and maintenance for
each type of protection determined in subdivision (c).

Sec. 3a. Before January 1, 1975, the commission shall make or
cause to be made an engineering study of the shoreland to
determine:
(a) Flood risk areas.
(b) The frequency with which a flood risk area can be
expected to be flooded.
(c) Appropriate rules necessary to prevent damage or
destruction to property.

Sec. 4. Within I year after the effective date of this act the
department shall make or cause to be made an environmental
study of the shoreland to determine:
(a) The environmental areas.
(b) The areas of marshes along and adjacent to the
shorelands.
(c) The marshes and fish and wildlife habitat areas which
should be protected by shoreland zoning or regulation.

Sec. 5. The commission pursuant to section 3 shall determine
if the use of a high risk area shall be regulated to prevent
property loss or if suitable methods of protection shall be
installed to prevent property loss. The commission shall notify a
local agency, the department of licensing and regulation, the
department of labor, the department of treasury, and the
department of commerce or other affected state ag@ncies of its
determinations and recommendations relative to a high risk area
which is in a local agency.
Sec. 5a. The commission pursuant to section 3a shall
determine if the use of a flood risk area shall be regulated to
prevent property loss or if suitable methods of protection shall
be installed to prevent property loss. The commission shall
notify a local agency, the department of licensing and regulation,
the department of labor, the department of treasury, and the

department of commerce or other affected state agencies of its
determinations and recommendations relative to a flood risk
area which is in a local agency.
Sec. 6. The department in accordance with section 4 shall
notify a local agency of the existence of any environmental area
which is in a local agency and shall recommend to the
commission appropriate use regulations necessary to protect an
environmental area.
Sec. 7. Until July 1, 1975, a county, pursuant to rules
promulgated under section 12 and Act No. 183 of the Public
Acts of 1943, as amended, being sections 125.201 to 125.232 of
the Michigan Compiled Laws, may zone any shoreland and land
to be zoned which is in the county.
Sec. 8. Until July 1, 1975, a city or village, pursuant to rules
promulgated under section 12 and Act No. 207 of the Public
Acts of 1921, as amended, being sections 125.581 to 125.591 of
the Michigan Compiled Laws, may zone any shoreland and land
to be zoned which is in the city or village.

Sec. 9. Until July 1, 1975, a township, pursuant to rules
promulgated under section 12 and Act No. 184 of the Public
Acts of 1943, as amended, being sections 125.271 to 125.301 of
the Michigan Compiled Laws, may zone any shoreland and land
to be zoned which is in the township.

Sec. 10. An existing zoning ordinance or a zoning ordinance
or a modification or amendment thereto which regulates a high
risk area, a flood risk area, or an environmental area shall be
submitted to the commission for approval or disapproval. The
commission shall determine if the ordinance, modification, or
amendment adequately prevents property damage or prevents
d amage to an environmental area, a high risk area, or a flood
risk area. If an ordinance, modification, or amendment is
disapproved by the commission, it shall not have force or effect
until modified by the local agency and approved by the
conunission.

Sec. 11. (1) The commission, in order to regulate the uses and
development of - high risk areas, flood risk areas, and
environmental areas and to-implement the purposes of this act,
22 Is

shall promulgate rules pursuant to Act No. 306 of the Public
Acts of 1969, as amended, being sections 24.201 to 24.315 of the
Michigan Compiled Laws.
(2) A circuit court upon petition and a showing by the
commission that a violation of a rule promulgated under
subsection (1) exists, shall issue any necessary order to the
defendant to correct the violation or to restrain the defendant
from further violation of the rule.

Sec. 12. (1) Within 18 months after the effective date of this
act the commission shall, in compliance with the purposes of
this act, prepare. a plan for the use and management of
shoreland. The plan shall include but not be limited to:
(a) An inventory and identification of the use and develop-
ment characteristics of the shoreland; the general physical and
man-influenced shoreline features; the existing and proposed
municipal and industrial water intakes and sewage and industrial
waste outfalls; and high risk areas and environmental areas.
(b) An inventory of existing federal, state, regional and local
plans for the management of the shorelands.
(c) An identification of problems associated with shoreland
use, development, conservation and protection.
(d) A provision for a continuing inventory of shoreland and
estuarine resources.
(e) Provisions for further studies and research pertaining to
shoreland management.
(f) Identification of the high risk and environmental areas
which need protection.
(g) Recommendations which shall:
(i) Provide procedures for the resolution of conflicts arising
from multiple use.
(ii) Foster the widest variety of beneficial uses.
(iii) Provide for the necesary enforcement powers to as@ure
compliance with plans and to resolve conflicts in uses.
(iv) Provide criteria for the protection of shorelands from
erosion or inundation, for aquatic recreation, for shore growth
and cover, for low lying lands and for fish and game
management.

(v) Provide criteria for shoreland alteration control.
(vi) Provide for building setbacks from the water.
(vii) Provide for the prevention of shoreland littering, blight
harbor development and pollution.
(viii) Provide for the regulation of mineral exploration and
production.
(ix) Provide the basis for necessary future legislation
pertaining to efficient shoreland management.
(2) Upon completion of the plan, the commission shaH hold
regional public hearings on the recommendations of the plan.
Copies of the plan shall be submitted with the hearing records to
the governor and the legislature.

Sec. 13. The department and commissiori, may enter into an
agreement jointly or separately or to make contracts with the
federal government, other state agencies, local agencies or
private agencies for the purposes of making studies and plans for
the efficient use, development, preservation or management of
the state's shoreland resources. Any study, plan or recommen-
dation shall be available to a local agency in this state which has
shoreland. The recommendations and policies set forth in the
studies or plans shall serve as a basis and guideline for
establishing zoning ordinances and developing shoreland plans
by local agencies and the commission.

Sec. 14. For the purposes of this act, the department and the
commission may receive, obtain or accept any monies, grants or
grants-in-aid for the purpose of research, planning or manage-
ment of shorelmd.

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DEPARTMENT OF NATURAL RESOURCES
DIVISION OF LAND RESOURCE PROGRAMS
GREAT LAKES SHORELANDS

Filed with the Secretary of State on December 10, 1981.These
rules take effect 15 days after filing with the Secretary of State.

(By authority conferred on the natural resources commission by
section 11 of Act No. 245 of the Public Acts of 1970, as
amended, and Executive Reorganization Order No. 1973-2, as
amended, being ��281.641 and 299.11 of the Michigan Compiled
Laws)

R 281.21 to R 281.24 of the Michigan Administrative Code,
appearing on pages 821 to 828 of the 1979 Michigan
Administrative Code, are amended to read as follows:

R 281.21 Definitions.
Rule 1. (1) As used in these rules:
(a) "Act" means Act No. 245 of the Public Acts of 1970, as
amended, being �281.631 et seq. of the Michigan Compiled Laws,
and known as the shorelands protection and management act of
1970.

(b) "Bluffline" means the line which is the edge or crest of the
elevated segment of the shoreline above the beach which
normally has a precipitous front inclining steeply on the lakeward
side.
(c) "Minimum required setback" means the distance between
the bluffline and the lakeward edge of the permanent structure.
(d) "Moveable structure" means a permanent structure which is
determined to be moveable based on a review of the design and
size of the structure, a review of the capability of the proposed
structure to withstand normal moving stresses, and a site review
to determine whether the structure is accessible to moving
equipment.
(e) "Nonconforming use" means a structure, building, plot,
premises, or land lawfully occupied at the time of designation that
does not conform to the provisions of the act or these rules.
(f) "One hundred-year flood" means a flood having a 1%
chance of being equalled or exceeded in any given year.
(g) "Parcel" means a continuous area or acreage of land which is
under the sanie ownership at the time of designation.
(h) "Permanent structure" means a residential building,
commercial building, industrial building, institutional building,
mobile home, accessory and related buildings, septic systems, tile
field, or other waste handling facility erected, installed, or moved
on a parcel of property. The term does not include recreational
vehicles or travel trailers. The term also does not include
appurtenant structures which are less than 15 feet by 15 feet* by
10 feet high, which are used for picknicking or storage of
recreational or lawn equipment, and which are constructed in a
manner that facilitates easy removal. The appurtenant structure
-and shall not be used as a
shall not have a permanent foundation
residential facility.
(i) "Structure zone" means an area within an environmental area
where a permit is not required to engage in the activities specified
in R 281.23(6).
Id
I (j) "Substandard lot" means a lot of record or a lot which is
described in a land contract or deed executed and delivered
before the designation of a high-risk erosion area and which does
not have adequate depth to provide the minimum required
Ali
28
j;j -1

setback from the bluffline for a permanent structure. The term
also means those lots which are legally created after the
designation of a high-risk erosion area, which have sufficient
depth to meet setback requirements for permanent structures, but
which subsequently become substandard due to erosion processes.
(k) "Wetland-oriented birds" means waterfowl, shorebirds,
gulls, terns, herons, rails, bitterns, or other birds associated with
coastal or wetland areas.
(1) "Werland-oriented mammals" means muskrats, mink,
beaver, otter, or other mammals associated with coastal or
wetland habitats.

(2) The terms defined in the act have the same meanings when
used in these rules.

R 281.22 High-risk erosion areas.
Rule 2. (1) Not less than 30 days before designation of a
high-risk erosion area, the department shall mail predesignation
letters to the affected landowners of record as shown in the last
assessment rolls. The letter shall explain that the property is being
considered for designation as a high-risk erosion area and shall
invite comments from the affected landowners. The department
shall schedule a meeting before designation to explain the
proposed designation to property owners and local governmental
agencies.
(2) The department shall designate a high-risk erosion area
upon its finding that bluffline recession has been occurring at an
average annual rate of 1.0 foot or greater per year, based on a
minimum period of 15 years. The designation shall contain the
minimum required setback from the bluffline for any future
permanent structure. The setback shall be based on a projected
30-year period of bluffline recession.
(3) In designating a high-risk erosion area, the department shall
notify the landowner of record and the local government agency
affected thereby. The notice of designation shall be delivered
personally or sent by certified mail to the landowner of record at
the address given in the last assessment roll.
(4) The notice of designation to affected landowners and local
governmental agencies shall include all of the following
information:

(a) The authority and reasons for designation of high-risk
erosion areas.
(b) A description, graphic or otherwise, of the limits of the
high-risk erosion area.
(c) An explanation of any regulatory measures which may be
required in the high-risk erosion area and the regulatory role of
the local governmental agency.
(d) The procedure by which the designation may be appealed.
(5) The department shall consider additional high-risk erosion
areas as may be proposed by local governmental agencies, citizens,
or interested groups.
(6) A regulation may be modified upon presentation of
engineering studies acceptable to the department documenting
annual recession rates at variance with department recession rare
data. Upon department acceptance of the data as accurate and
compatible with the objectives of the act, a structure's setback
from the bluffline shall be calculated and implemented based on
the new recession rate information.
(7) In the absence of an approved local ordinance enacted
pursuant to sections 7, 8, 9, and 10 of the act, any person or local
governmental agency proposing to erect, install, or move a
permanent structure on a parcel, any portion of which is in a
designated high-risk erosion area, shall submit to the department
for its approval a permit application. The permit application shall
contain all of the following information:
(a) A legal description of the property.
(b) A description of the proposed permanent structure.
(c) A sketch of the proposed site which shows the location of
the proposed permanent structure in relation to the location of
the bluffline.
(d) The signature and address of the applicant.
(8)'A permit application to erect, install, or move a permanent
structure on a parcel, any portion of which is in a designated
high-risk erosion area, shall be approved if the proposed
permanent structure meets or exceeds the minimum setback
requirements established by the department. A permanent
structure shall not be erected, installed, or moved lakeward of the
bluffline in a high-risk erosion area.
30

(9) A special exception may be granted to install a moveable
structure on a substandard lot if all of the following provisions are
complied with:
(a) If a sanitary sewer is not used, the septic system, tile field, or
other waste handling facility shall be located on the landward side
of the moveable structure.
(b) The moveable structure shall be located as far landward of
the bluffline as local zoning restrictions allow.
(c) The moveable structure shall be designed and constructed in
accordance with proper engineering standards and building
moving restrictions applicable to the subject area. Review and
approval of the design shaH be incorporated into the department
permit process. All construction materials, including foundations,
shall be removed or disposed of as part of the moving operation.
Access to and from the structure shall be of sufficient width and
acceptable grade to allow for moving of the structure.
(10) If a substandard lot does not have access to and from the
structure site of sufficient width and acceptable grade to allow for
a moveable structure, a special exception may be granted to utilize
an erosion control device in place of a portion of the minimum
setback requirement. The special exception shall be granted only
if all of the following provisions are complied with:
(a) If a sanitary sewer is not used, the septic system, tile field, or
other waste handling facility shall be located on the landward side
of the permanent structure.
(b) The permanent structure shaH be located as far landward of
the bluffline as local zoning restrictions allow.
(c) The erosion control device shall be designed to meet or
exceed proper engineering standards for the Great Lakes, and a
professional engineer shall certify that the device has been
designed and will be constructed in accordance with these
standards.
(11) An existing structure which is not in conformity with the
setback requirements of a designated high-risk erosion area shall
not be altered, enlarged, or otherwise extended in a manner
which increases its nonconformity. If a nonconforming structure
deteriorates or becomes damaged, it may be restored to its
condition before the deterioration or damage if the repair costs do

nor exceed 60% Of the replacement value of the structure in any
12-month period. If, in any 12-month period, the cost of restoring
the nonconforming structures is in excess of 609o' of its
replacement value, the requirements for new permanent struc-
rures shall apply.
(12) Not more than 60 days after receipt of a permit
application, the department shall send to the applicant, by
certified mail, a notice of its approval or disapproval. In case of
disapproval, the reasons therefor shall be stated. A permit
application which does not require field investigation shall be
processed within 20 days.
(13) Approval of a permit does not exempt the applicant from
complying with other statutes, ordinances, or rules and
regulations.
(14) Any aggrieved party that contests the designation of a
high-risk erosion area or the disapproval of a permit application
shall be granted a hearing if a petition is filed with the department
not more than 60 days after the designation letter or the notice of
disapproval is sent. Such petition shall be sent to the director of
the department of natural resources, P.O. Box 30028, Lansing,
Michigan 48909. The hearing shall be conducted in accordance
with sections 71 to 87 of Act No. 306 of the Public Acts of 1969,
as amended, being ��24.271 to 24.287 of the Michigan Compiled
Laws, and R 299.3071 to R 299-3081 of the Michigan Adminis-
trative Code.
(15) The landowner of record and the local governmental
agency shall be sent a notice by certified mail if the high-risk
erosion area designation is removed.
(16) All high-risk erosion area designations in existence on the
effective date of these rules shall remain in full force and effect.

R 281.23 Environmental areas.
Rule 3. (1) In determining whether an area is necessary for the
preservation and maintenance of fish, ail of the following uses
shall be considered:
(a) Spawning, which is the placement and ferrilization of eggs by
fish for the propagation of young.

(b) Nursery, which is the utilization of an area by young fish as
a sheltered habitat in which to feed and grow.
(c) Feeding, which is the process of obtaining and ingesting
plant or animal matter necessary for maintaining growth and life
functions.
(d) Protection, which is the utilization of an area as escape cover
from predators or unsuitable environmental conditions.
(e) Migration, which is a daily or seasonal movement.
(2) In determining whether an area is necessary for the
preservation and maintenance of wildlife, all of the following uses
by wedand-oriented birds and werland-oriented mammals shall be
considered:
(a) Breeding, which is the process of courting, pairing, and
mating.
(b) Nesting, which is the process of laying, incubating, and
hatching eggs.
(c) Rearing of young, which is the feeding and protection of
young.
(d) Feeding, which is the process of obtaining and ingesting
plant or animal matter necessary for maintaining growth and life
functions.
(e) Resting, which is a period of inactivity in the daily routine or
seasonal migration.
(3) Not less than 30 days before designation of environmental
areas, the department shall mail predesignation letters to affected
landowners of record as shown in the last assessment rolls. The
letter shall explain that the property is being considered for
designation as an environmental area and shall invite comments
from the affected landowners. The department shall schedule a
meeting before designation to explain the proposed designation to
property owners and local governmental agencies.
(4) The department shall designate environmental areas
determined to be necessary for the preservation and maintenance
of fish or wildlife, or both. The notice of designation shall be
delivered personally or sent by certified mail to the landowner of
record at the address given in the last assessment roll and to the
local governmental agency.

(5) The notice of designation to affected landowners and local
governmental agencies shall include all of the following
information:
(a) The authority and reasons for designation of environmental
areas.
(b) A description, graphic, or otherwise, of the limits of the
environmental area.
(c) An explanation of any regulatory measures which may be
required in environmental areas and the regulatory role of the
local governmental agency.
(d) The procedure by which the designation may be appealed.
(6) The following shoreland uses in an environmental area shall
require a permit from the department in accordance with these
rules or from a local governmental agency pursuant to an
ordinance approved by the department:
(a) Dredging, filling, grading, or other alterations of the soil.
(b) Alteration of natural drainage, but not including the
reasonable care and maintenance of established drainage improve-
ment works. A permit is not required for maintenance of existing
dikes.
(c) Alteration of vegetation utilized by fish or wildlife, or both,
for the uses covered in subrules (1) and (2) of this rule. Timber
harvest shall not require a permit, unless it involves an identified
colonial bird nesting area, such as a heron rookery.
(d) Placement of permanent structures.
(7) Farming of lands within the environmental area is allowed
without a permit if all of the following provisions are complied
with:
(a) Artificial draining, diking, dredging, or filling is nor used.
(b) The natural contour of the land is not altered.
(c) Only normal farming implements and generally accepted
agricultural practices are used.
(d) The environmental area is utilized by a person who is
engaged in the business of farming, and the land is to be used for
the production and harvesting of agricultural products.
34

(8) Pumping of water into an environmental area is allowed
without a permit.
(9) A structure zone not to exceed 12,000 square feet shall be
delineated for all parcels of land which are totally included within
the boundaries of an environmental area at the time of
designation. If a parcel has less than 12,000 square feet of land
outside the boundaries of the environmental area, a structure
zone shall be delineated which, in conjunction with the land
outside the environmental area, shall total 12,000 square feet.
Use of a structure zone is subject to all other statutes, ordinances,
and rules and regulations.
(10) The department shall consider additional environmental
areas as may be proposed by local governmental agencies, citizens,
or interested groups.
(11) In the absence of an approved zoning ordinance enacted
pursuant to sections 7, 8, 9, and 10 of the act, any person or local
governmental agency proposing I of the uses regulated in subrule
(6) of this rule outside the structure zone or proposing a change in
the location of a structure zone shall submit to the department a
permit application for the proposed use. The permit application
shall contain all of the following:
(a) A legal description of the property.
(b) A drawing of the site with the proposed project clearly
shown.
(c) A derailed description of the proposed project.
(d) The signature and address of the applicant.
(12) A permit application, as described in subrule (11) of this
rule, shall be approved if both of the following conditions are
satisfied:
(a) The adverse effects to the uses described in subrules (1) and
(2) of this rule are minimal and are mitigated to the maximum
extent feasible.
(b) A feasible and prudent alternative to the proposed plan is
not available.
M) Not more than 60 days after receipt of a permit
application, the department shall send to the applicant, by
certified mail, a n6tice of its approval or disapproval. In case of
disapproval, the reasons therefor shall be stated. A permit
35

application which does not require field investigation shall be
processed within 20 days.
(14) Approval of a permit does not exempt the applicant from
complying with other statutes, ordinances, and rules and
regulations.
(15) Any aggrieved party that contests the designation of an
environmental area or the disapproval of a permit application shall
be granted a hearing if a petition is filed with the department nor
more than 60 days after the designation letter or the notice of
disapproval is sent. Such petition shall be sent to the director of
the department of natural resources, P.O. Box 30028, Lansing,
Michigan 48909. The hearing shall be conducted in accordance
with sections 71 to 87 of Act No. 306 of the Public Acts of 1969,
as amended, being ��24.271 to 24.287 of the Michigan Compiled
Laws, and R 299.3071 to R 299.3081 of the Michigan Adminis-
trative Code.
(16) The landowner of record and the local governmental
agency shall be sent a notice by certified mail if the environmental
area designation is removed.
(17) All environmental area designations in existence on the
effective date of these rules shall remain in full force and effect.

R 281.24 Flood risk areas.
Rule 4. (1) Any area which is within the 100-year floodplain of
a Great Lake or a connecting waterway, as identified in I of the
approved floodplain delineation studies set forth in this subrule, is
designated as a flood risk area. The following floodplain
delineation studies are adopted in these rules by reference:
(a) Flood insurance study, city of Algonac, Michigan, St. Clair
county, U.S. department of housing and urban development,
federal insurance administration, April, 1977.
(b) Flood insurance study, township of Bangor, Michigan, Bay
county, U.S. department of housing and urban development,
federal insurance administration, January, 1979.
(c) Flood insurance study, township of Caseville, Michigan,
Huron county, U.S. department of housing and urban develop-
ment, federal insurance administration, February, 1977.
(d) Flood-insurance study, township of Chesterfield, Michigan,

Macomb county, U.S. department of housing and urban
development, federal insurance admin'strarion, January, 1978.
(e) Flood insurance study, township of Clay, Michigan, St. Clair
county, U.S. department of housing and urban development,
federal insurance administration, June, 1978.
(f) Flood insurance study, township of East China, Michigan, St.
Clair county, U.S. department of housing and urban development,
federal insurance administration, January, 1978.
(g) Flood insurance study, city of East Tawas, Michigan, losco
county, U.S. department of housing and urban development,
federal insurance administration, September, 1977.
(h) Flood insurance study, township of Erie, Michigan, Monroe
county, U.S. department of housing and urban development,-
federal insurance administration, March, 1978.
(i) Flood insurance study, city of Escanaba, Michigan, Delta
county, U.S. department of housing and urban development,
federal insurance administration, September, 1977.
(j) Flood insurance study, township of Fort Gratiot, Michigan,
St. Clair county, U.S. department of housing and urban
development, federal insurance administration, June, 1978.
(k) Flood insurance study, township of Frenchtown, Michigan,
Monroe county, U.S. department of housing and urban
development, federal insurance administration, March, 1977.
(1) Flood insurance study, city of Gibraltar, Michigan, Wayne
county, U.S. department of housing and urban development,
federal insurance administration, December, 1978.
(m) Flood insurance study, city of Gladstone, Michigan, Delta
co .unty, U.S. department of housing and urban development,
federal insurance administration, September, 1977.
(n) Flood insurance study, township of Grosse Ile, Michigan,
Wayne county, U.S. department of housing and urban develop-
ment, federal insurance administration, February, 1980.
(o) Flood insurance study, township of Hampton, Michigan,
Bay county, U.S. department of housing and urban development,
federal insurance administration, February, 1978.
(p) Flood insurance study, city of Harbor Springs, Michigan,
Emmet county, U.S. department of housing and urban develop-

-37

ment, federal insurance administration, November, 1976.
(q) Flood insurance study, township of Ira, Michigan, St. Clair
county, U.S. department of housing and urban development,
federal insurance administration, September, 1979.
(r) Flood insurance study, township of Kawkawlin, Michigan,
Bay county, U.S. department of housing and urban development,
federal insurance administration, August, 1978.
(s) Flood insurance study, township of LaSalle, Michigan,
Monroe county, U.S. department of housing and urban
development, federal insurance administration, August, 1977.
(t) Flood insurance study, city of Monroe, Michigan, Monroe
county, U.S. department of housing and urban development,
federal insurance administration, December, 1976.
(u) Flood insurance study, township of Monroe, Michigan,
Monroe county, U.S. department of housing and urban
development, federal insurance administration, June, 1977.
(v) Flood insurance study, city of Muskegon, Michigan,
Muskegon county, U.S. department of housing and urban
development, federal insurance administration, December, 1976.
(w) Flood insurance study, township of Muskegon, Michigan,
Muskegon county, U.S. department of housing and urban
development, federal insurance administration, August, 1977.
(x) Flood insurance study, city of New Baltimore, Michigan,
Macomb county, U.S. department of housing and urban
development, federal insurance administration, March, 1978.
(y) Flood insurance study, city of North.Muskegon, Michigan,
Muskegon county, U.S. department of housing and urban
development, federal insurance administration, November, 1976.
(Z) Flood insurance study, city of Norton Shores, Michigan,
Muskegon county, U.S. department of housing and urban
development, federal insurance administration, September, 1977.
(aa) Flood insurance study, township of Pinconning, Michigan,
Bay county, U.S. department of housing and urban development,
federal insurance administration, March, 1978.
(bb) Flood insurance study, city of St. Clair, Michigan, St. Clair
county, U.S. department of housing and urban development,
federal insurance administration, December, 1977.
@cc) Flood insurance study, township of St. Clair, Michigan, St.
Clair county, U.S. department of housing and urban development,
federal insurance administration, February, 1978.

(dd) Flood insurance study, city of St. Clair Shores, Michigan,
Macomb county, U.S. department of housing and urban
development, federal insurance administration, February, 1978.
(ee) Flood insurance study, township of Sims, Michigan, Arenac
county, U.S. department of housing and urban development,
federal insurance administration, December, 1977.
(ff) Flood insurance study, village of Suttons Bay, Michigan,
Leelaneau county, U.S. department of housing and urbaa
development, federal insurance administration, December, 1976.
(gg) Flood insurance study, township of Wisner, Michigan,
Tuscola county, U.S. department of housing and urban
development, federal insurance administration, November, 1977.
(hh) Flood insurance study, city of Wyandotte, Michigan,
Wayne county, U.S. department of housing and urban develop-
ment, federal insurance administration, November, 1977.
(2) The documents adopted in this rule are available from the
Federal Insurance Administration, U.S. Department of Housing
and Urban Development, Washington, D.C. 20410, or from the
Michigan Department of Natural Resources, Division of Land
Resource Programs, P.O. Box 30028, Lansing, Michigan 48909.
(3) The department may designate additional flood risk areas
which are located within the 100-year floodplain of a Great Lake
or a connecting waterway. The following information and studies
may be used in delineating the flood risk areas:
(a) Current floodplain information reports by the U.S. army,
corps of engineers.
(b) Report on Great Lakes open-coast flood levels by the U.S.
army, corps of engineers.
(c) Current flood hazard analysis studies by the U.S.
department of housing and urban development, federal insurance
administration.
(d) Current flood hazard analysis studies by the U.S. soil
conservation service.
(e) Engineering studies currently acceptable to the department.
(4) If the studies listed in subrule (3) of this rule are used to
determine the flood risk area, the following procedures for
designation shall be used:
(a) Not less than 30 days before designation of a flood risk area,
the department shall mail predesignation letters to the affected
landowners of record as shown in the last assessment roll. The
letter shall explain that the property is being considered for

designation as a flood risk area. The department shall schedule a
meeting before designation to explain the proposed designation to
property owners and local governmental agencies.
(b) The department shall designate a flood risk area upon its
finding that the property lies within the 100-year flood plain of a
Great Lake or a connecting waterway.
(c) In designating a flood risk area, the department shall notify
the landowner of record and the local governmental agency
affected thereby. The notice of designation shall be delivered
personally or sent by certified mail to the landowner of record at
the address given in the last assessment roll.
(d) The notice of designation to affected landowners and local
governmental agencies shall include all of the following
information:
(i) The authority and reasons for designation of flood risk areas.
(ii) A description, graphic or otherwise, of the limits of the
flood risk area.
(iii) An explanation of any regulatory measures which may be
required in the flood risk area and the regulatory role of the local
governmental agency.
(iv) The procedure by which the designation may be appealed.
(5) The department shall consider additional flood risk areas as
may be proposed by local governmental agencies, citizens, or
interested groups.
(6) In the absence of an approved local ordinance enacted
pursuant to sections 7, 8, 9, and 10 of the act, a person or local
governmental agency proposing a new permanent structure on a
parcel, any portion of which is in a designated flood risk area,
shall submit to the department, for its approval, a permit
application for the proposed new permanent strucrare. A new
permanent structure in a subdivision for which approval is
required pursuant to Act No. 288 of the Public Acts of 1967, as
amended, being � 560. 101 er seq. of the Michigan Compiled Laws,
and known as the subdivision control act of 1967, is exempt from
the requirements of this rule. The permit application shall contain
all of the following information:
(a) A legal description of the property.
(b). A description of the proposed permanent structure.
(c) A topographic. map of the property sufficient detail to
a low review.

(d) The means to be undertaken to prevent property loss.
(e) The signature and address of the applicant.
(7) A permit application for a new permanent structure on a
parcel, any portion of which is in a designated flood risk area,
shall be approved if it meets or exceeds the minimum
requirements established in subrule (10) or (11), or both, of this
rule.
(8) Not more than 60 days after receipt of a permit application,
the department shall send to the applicant, by certified mail, a
notice of its approval or disapproval. In case of disapproval, the
reasons therefor shall be stated. A permit application which does
not require a field investigation shail be processed within 20 days.
(9) Approval of a permit does not exempt the applicant from
complying with other statutes, ordinances, or rules and
regulations.
(10) New residential structures in a flood risk area shall have
the lowest floor, including the basement, not lower than the
elevation defining the flood risk area, except that the basement or
any portion thereof may be located below the elevation defining
the flood risk area if both of the following provisions are
complied with:
(a) The basement, together with attendant utility and sanitary
facilities, is certified by a professional engineer or architect to
have been designed to be watertight and able to withstand
hydrostatic pressures from a water level equal to the elevation
defining the flood risk area.
(b) The lowest floor of the residential structure, excluding the
basement, is at least 1 foot above the elevation defining the flood
risk area.
(11) New nonresidential structures in a flood risk area shall
have the lowest floor, including the basement, not lower than the
elevation defining the flood risk area or shall, together with
attendant utility and sanitary facilities, be certified by a
professional engineer or architect to have been designed so that,
below the elevation defining the flood risk area, the structure is
watertight and able to withstand hydrostatic pressures from a
water level equal to the elevation defining the flood risk area.
(12) An existing structure which is not in conformity with the
elevation requirements of a designated flood risk area shall not be
altered-, enlarged, or otherwise extended in a manner that

increases its nonconformity. If a nonconforming structure
deteriorates or becomes damaged, it may be restored to its
condition before the deterioration or damage if the repair costs do
nor exceed 60016 of the replacement value of the structure in any
12-month period. If, in any 12-monch period, the cost of restoring
the nonconforming structure is in excess of 60% of its
replacement value, the requirements for new permanent scruc-
tures shall apply.
(13) Any aggrieved party that contests the designation of a
flood risk area under subrule (4) of this rule or the disapproval of
a permit application shall be granted a hearing if a petition is filed
with the department not more than 60 days after the notice of
designation or notice of disapproval is sent. Such petition shall be
sent to the director of the department of natural resources, R.O.
Box 30028, Lansing, Michigan 48909. The hearing shall be
conducted in accordance with sections 71 to 87 of Act No. 306 of
the Public Acts of 1969, as amended, being H24.271 to 24.287
of the Michigan Compiled Laws, and R 299.3071 to R 299-3081
of the Michigan Administrative Code.
(14) The landowner of record and the local governmental
agency shall be sent a notice by certified mail if the flood risk area
designation is removed.
0 5) All flood risk area designations in existence on the
effective date of these rules shall remain in full 'force and effect.

MICHIGAN'S STREAMS ACT

MICHIGAN'S
INLAND LAKES
AND
STREAMS ACT

1972 Public Act 346
as amended
and
Administrative Rules

DIVISION OF
LAND RESOURCE PROGRAMS

DEPARTMENT OF NATURAL RESOURCES

4/82

MICHIGAN NATURAL RESOURCES COMMISSION

Jacob A. Hoefer
E. M. Laitala
Hilary F. Snell
Paul H. Wendler
Harry H. Whiteley
Joan L. Wolf

DEPARTMENT OF NATURAL RESOURCES
Howard A. Tanner, Director

DIVISION OF LAND RESOURCE PROGRAMS
Karl R. Hosford, Chief

April 1982

INLAND LAKES AND STREAMS ACT

Act 346
Public Acts of 1972
as amended by Act 262, Public Acts of 1980

AN ACT to regulate inland lakes and streams; to protect riparian
rights and the public trust in inland lakes and streams; to prescribe
powers and duties; to provide remedies and penalties; and to repeal
certain acts and parts of acts.

The People of the State of Michigan enact:

281.951 Short Title.

Sec. 1. This act shall be known and may be cited as the "inland
lakes and streams act of 1972."

HISTORY New 1972, p. 1025, Act 346, Imd. Eff. Jan. 9, 1973.

281.951 Definitions.

Sec. 2. As used in this act:

(a) "Bottomland" means the land area of an inland lake or stream
which lies below the ordinary high water mark and which may or may
not be covered by water.

(b) "Bulkhead line" means a line which is established pursuant to
this act beyond which dredging, filling or construction of any kind
is not allowed without a permit.

(d) "Department" means the department of natura) resources.

(e) "Impoundment" means water held back by a dam, dike, floodgate
or other barrier.

(f) "Inland lake or stream" means 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 Act No. 40 of the Public Acts of
1956, as amended, being sections 280.1 to 280.623 of the Compiled
Laws of 1948; or any other body of water which 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. It
-does not include the Great Lakes, Lake St. Clair and a lake or pond
which has a surface area of less than 5 acres.

(g) "Marina" means a facility which is owned or operated by a
person, extends into or over an inland lake or stream and offers
service to the public or members of the marina for docking, loading
or other servicing of recreational watercraft.

(h) "Ordinary high water mark" means the line between upland and
bottomland which persists through successive changes in water
levels, below which the presence and action of the water is so common
or recurrent that the character of the land is marked distinctly from
the upland and is apparent in the soil itself, the configuration of
the surface of the soil and the vegetation. On an inland lake which
has a level established by law, it means the high established level.
Where water returns to its natural level as the result of the
permanent removal or abandonment of a dam, it means the natural
ordinary high water mark.

(i) "Person" means any individual, partnership, corporation,
association, political subdivision of the state, the department or
other instrumentality or agency of the state, political subdivision
thereof or other legal entity.

(j) "Project" means an activity which requires a permit pursuant
to section 3.

(k) "Property owners association" means any group of organized
property owners publishing a directory of their membership, the
majority of which are riparian owners and are located on the inland
lake or stream which is affected by the proposed project.

(1) "Riparian owner" means a person who has riparian rights.

(m) "Riparian rights" means those rights which are associated with
the ownership of the bank or shore of an inland lake or stream.

(n) "Seasonal structure" includes any type of dock, boat hoist,
ramp, raft or other recreational structure which is placed into an
inland lake or stream and removed at the end of the boating season.

(o) "Structure" includes a marina, wharf, dock, pier, dam, weir,
stream deflector, breakwater, groin, jetty, sewer, pipeline, cable
and bridge.

(p) "Upland" means the land area which lies above the ordinary
high water mark.

HISTORY New 1972, p. 1025, Act 346, lmd. Eff. Jan. 9, 1973.

281.953 Operations prohibited without a permit.

Sec. 3. Except as provided in this act, a person without a permit
from the department shall not:

(a) Dredge or fill bottomland.

(b) Construct, enlarge, extend, remove or place a structure on
bottomland.

(d) Create, enlarge or diminish an inland lake or stream.

(e) Structurally interfere with the natural flow of an inland lake
or stream.

(f) Construct, dredge, commence, extend or enlarge an artificial
canal, channel, ditch, lagoon, pond, lake or similar waterway where
the purpose of ultimate connection with an existing inland lake or
stream, or where any part of the artificial waterway is located
within 500 feet of the ordinary high water mark of an existing inland
lake or stream.

(g) Connect any natural or artificially constructed waterway,
canal, channel, ditch, lagoon, pond, lake or similar water with an
existing inland lake or stream for navigation or any other purpose.

HISTORY New 1972, p. 1026, Act 346, Imd. Eff. Jan. 9, 1973.

281.954 Operations permitted without permit.

Sec. 4. A permit shall not be required for:

(a) Any fill or structure existing before April 1, 1966, in waters
covered by former Act No. 291 of the Public Acts of 1965, and any
fill or structures existing before January 9, 1973, in waters covered
for the first time by this act.

(b) A seasonal structure placed on bottomland to facilitate
private noncommrcial recreational use of the water if it does not
unreasonably interfere with the use of the water by others entitled
to use the water or interfere with water flow.

(d) Construction or maintenance of a private agricultural drain
regardless of outlet.

(e) A waste collection or treatment facility which is approved for
construction by the. department of . public health or ordered or
approved by the water resources commission.

(f) Construction and maintenance of minor drainage structures and
facilities which are identified by rule promulgated by the commis-
sion pursuant to section 11(l). Before such a rule is promulgated,
it shall be approved by the majority of a committee consisting of the
director of the department, the director of the department of
agriculture, and the director of the state transportation department
or their designated representatives. The initial rules shall be
issued before July 8, 1973, and shall be reviewed at least annually
thereafter.

(g) Maintenance and improvement of all drains legally established
or constructed prior to January 1, 1973, pursuant to Act No. 40 of
the Public Acts of 1956, as amended, being sections 280.1 to 280.630
of the Michigan Compiled Laws, except those legally established
drains constituting mainstream portions of certain natural water-
courses identified in rules promulgated by the commission pursuant
to section 11.

(h) Projects constructed under the watershed protection and flood
prevention act, 16 U.S.C. 1001 to 1009.

(i) Construction and maintenance of privately owned cooling or
storage ponds used in connection with a public utility except at the
interface with public waters.

(j) Maintenance of a structure constructed under a permit issued
pursuant to this act and identified by rule promulgated pursuant to
section 11(l), if the maintenance is in place and in kind with no
design or materials modification.

HISTORY New 1972, p. 1036, Act 346, Imd. Eff. Jan. 9, 1973; 1980,
p. _, Act 262, Eff. Sept. 11, 1980.
281.955 Permit; application; form and contents; fee.

Sec. 5. (1) Before a project which is subject to this act is
undertaken, a person shall file an application and receive a permit
from the department. The application shall be on a form prescribed
by the department and shall include any information that may be
required by the department. If a project includes activities at
multiple locations, I application may be filed for the combined
activities.

(2) An application for a permit shall be accompanied by a fee to
be credited to the state general fund based on an administrative cost
of $25.00. An administrative fee shall not be charged for an
application which is received from a governmental unit created by law
or which is solely for the maintenance of an existing project.
HISTORY New 1972, p. 1036, Act 346, Imd. Eff. Jan. 9, 1973; 1980,
p- Act 262, Eff. Sept. 11, 1980.

281.956 Request for notification of pending application; fee;
review of application; final inspection; certification; hearing;
granting or denying permit; reasons for denial; modification of
application; conditional permit.
Sec. 6. (1) A person who desires notification of pending
applications may make a written request to the department accom-
panied by an annual fee of $25.00 which shall be credited to the
state general fund. The department shall prepare a monthly list of
the applications made during the previous month and shall promptly
mail copies of the list for the remainder of the calendar year to the
persons who have so requested notice. The monthly list shall state
the name and address of each applicant, the legal description of the
lands included in the applicant's project and a summary statement of
the purpose of the project. The department may hold a public hearing
on pending applications.

(2) Upon receiving an application, the department shall submit
copies for review to the director of public health or local health
department designated by the director of public health, the city,
village, or township, and the county where the project is to be
located, the local soil conservation district, the local watershed
council organized under Act No. 253 of the Public Acts of 1964, as
amended, being sections 323.301 to 323.320 of the Michigan Compiled
Laws, if any, the local port commission, if any, and the persons
required to be included in the application pursuant to section 5(l),
accompanied by a statement that unless a written request is filed
with the department within 20 days after the submission for review,
the department may grant the application without a public hearing
where the project is located. The department shall hold a public
hearing upon the written request of the applicant or a riparian owner
or a person or governmental unit which is entitled to receive a copy
of the application pursuant to this subsection.

(3) After completion of a project for which an application is
approved, the department shall cause a final inspection to be made
and certify to the applicant that the applicant has complied with the
department's permit requirements.

(4) At least 10 days notice of a hearing to be held pursuant to
this section shall be given by the publication in a newspaper
circulated in the county where the project is to be located and by
mailing copies of the notice to the persons who have requested the
weekly list pursuant to subsection (T), the person requesting the
hearing, and the persons and governmental units which are entitled to
receive a copy of the application pursuant to subsection (2).

(5) The department shall grant or deny the permit within 60 days,
or within 90 days if a public hearing is held, after the filing of an
application pursuant to section 5. When a permit is denied, the
department shall provide to the applicant a concise written state-
ment of its reasons for denial of the permit, and if it appears that

a minor modification of the application would result in the granting
of the permit, the nature of the modification shall be stated. In an
emergency, the department may issue a conditional permit before the
expiration of the 20-day period referred to in subsection (2).

(6) The department, by rule promulgated pursuant to section 11(l),
may establish minor project categories of activiti,es and projects
that are similar in nature and have minimal adverse environmental
impact. The department may act upon an application received pursuant
to section 5 for an activity or project within a minor project
category after an on-site inspection of the land and water involved
without providing notices or holding a public hearing as required by
-subsection (2). A final inspection or certification of a project
completed under a permit granted pursuant to this subsection shall
not be required, but all other provisions of this act shall be
applicable to a minor project.

HISTORY New 1972, p. 1036, Act 346, Imm. Eff, Jan. 9, 1973, 1980,
p. Act 262, Eff. Sept. 11, 1980.

281.957 Prerequisite to issuance of permit; specification in
permit.

Sec. 7. The department shall issue a permit if it finds that the
structure or project will not adversely affect the public trust or
riparian rights. In passing upon an application the department shall
consider the possible effects of the proposed action upon the inland
lake or stream and upon waters from which or into which its waters
flow and the uses of all such waters, including uses for recreation,
fish and wildlife, aesthetics, local government, agriculture, com-
merce and industry. The department shall not grant a permit if the
proposed project or structure will unlawfully impair or destroy any
of the waters or other natural resources of the state. This act
shall not modify the rights and responsibilities of any riparian
owner to the use of his/her riparian water.

A permit shall specify that a project completed in accordance with
this act shall not cause unlawful pollution as defined by Act No. 245
of the Public Acts of 1929, as amended.

HISTORY New 1972, p. 1028, Act 346, Imd. Eff. Jan. 9, 1973
COMPILERS NOTE: For provisions of P.A. 1929, No. 245, referral to
in this section are section 123.1 et seq.

281.958 Duration, terms, and revocation of permit; hearing.

Sec. 8. A permit is effective until revoked for cause but not
beyond its term and may be subject to renewal. A permit may specify
the term and conditions under which the work is to be carried out. A
permit may be revoked after a hearing for violation of any of its
provisions, any provision of this act, any rule promulgated under
this act or any misrepresentation in application.

HISTORY New 1972, p. 1029, Act 346, Imd. Eff. Jan. 9, 1973

281.959 Bulkhead line; establishment; application; jurisdiction;
duties.

Sec. 9. The department may establish by permit a bulkhead line on
its own application or on the application of a city, village,
township or county. The application shall be filed as provided in
subsection (1) of section 5 with public notice and hearings as
provided in section 6. Upon acceptance of the bulkhead line by the
affected units of government, the area landward of the bulkhead line
shall thereafter be under their jurisdiction as to the placement of
structures and fills in the waters unless jurisdiction is returned to
the state. In establishing a bulkhead line, the department shall
provide for local requirements and insure the public trust in the
adjacent waters against unreasonable interferences.

HISTORY New 1972,.p. 1039, Act 346, Imd. Eff. Jan. 9, 1973

281.950 Ordinary high water mark; agreement with riparian owner;
fee; agreement as proof of location.

Sec. 10. Upon the written request of a riparian owner and upon
payment of a service fee of $50.00 to be credited to the state
general fund, the department may enter into a written agreement with
a riparian owner fixing the location of the ordinary high water mark
for his/her property. In the absence of substantially changed
conditions, the agreement shall be conclusive proof of the location
in all matters between the state and the riparian owner and his/her
successors in interest.

HISTORY New 1972, p. 1029, Act 346, Imd. Eff. Jan. 9, 1973
281.961 Rules; promulgation and enforcement; hearing; review; pro-
ceeding by riparian owner.

Sec. 11. (1) The commission may promulgate and enforce rules to
implement this act in accordance with and subject to Act No. 306 of
the Public Acts of 1969, as amended, being sections 24.201 to 24.315
of the Compiled Laws of 1948.

(2) If a person is aggrieved by any action or inaction of the
department, he/she may request a formal hearing on the matter
involved. The hearing shall be conducted by the commission in
accordance with the provisions for contested cases in Act No. 306 of
the Public Acts of 1969, as amended.

(3) A determination, action or inaction by the commission fol-
lowing the hearing shall be subject to judicial review as provided in
Act No. 306 of the Public Acts of 1969, as amended.

(4) This section does not limit the right of a riparian owner to
institute proceedings in any circuit court of the state against any
person when necessary to protect his/her rights.

HISTORY New 1972, p. 1039, Act 346, lmd. Eff. Jan. 9, 1973

291.962 Rights of riparian owner as to water frontage and exposed
bottomland.

Sec. 12. This act shall not deprive a riparian owner of rights
associated with his/her ownership of water frontage. A riparian
owner among other rights controls any temp6rarily or periodically
exposed bottomland to the water's edge, wherever it may be at any
time and holds the land secure against trespass in the same manner as
his/her upland subject to the public trust to the ordinary high water
mark.

HISTORY New 1972, P. 1029, Act 346, Imd. Eff. Jan. 9, 1973

281.963 Violations; civil action; penalty.

Sec. 13. (1) The department may commence a civil action in the
circuit court of the county in which a violation occurs to enforce
compliance with this act, to restrain violation of this act or any
action contrary to an order of the department denying a permit, to
enjoin the further performance of, or order the removal of, any
project which is undertaken contrary to this act or after denial of a
permit by the department, or to order the restoration of the affected
area to its prior condition.

(2) In a civil action commenced under this act, the circuit court,
in addition to any other relief granted, may assess a civil fine of
not more than $5,000.00 per day for each day of violation.

(3) Except as provided in subsection (4), a person who violates
this act or a permit.condition, is guilty of a misdemeanor, punish-
able by a fine of not more than $10,000.00 per day for each day of
violation.

(4) A person who knowingly makes a false statement, representa-
tion, or certification in an application for a permit; in a notice or
report required by a permit; or a person who knowingly renders
inaccurate any monitoring device or method required to be maintained
by a permit is guilty of a misdemeanor, punishable by a fine of not
more than $10,000.00 per day for each day of violation.
(5) Any civil penalty assessed, sought or agreed to by the
department shall be appropriate to the violation.
HISTORY New 1972, p. 1039, Act 346, Imd. Eff. Jan. 9, 1973; 1980;
p. Act 262, Eff. Sept. 11, 1980.

281.964 Repeal.

Sec. 14. Act No. 291 of the Public Acts of 1965, as amended, being
sections 281.731 to 281.752 of the Compiled Laws of 1948, is re-
pealed.

HISTORY New 1972, p. 1000, Act 346, Imd. Eff. Jan. 9, 1973

281.965 Saving clause.

Sec. 15 All proceedings pending and all rights and liabilities
existing, acquired or incurred at the time this act takes effect are
saved and may be consummated according to the law in force when they
were commenced. This act shall not be construed to affect any
prosecu-tion pending or begun before the effective date of this act.

HISTORY New 1972, p. 1030, Act 346, lmd. Eff. Jan. 9, 1973

DEPARTMENT OF NATURAL RESOURCES

DIVISION OF LAND RESOURCE PROGRAMS

INLAND LAKES AND STREAMS

Filed with the Secretary of State on March 15, 1982.
These rules take effect 15 days after filing with the Secretary of
State

(By authority conferred on the department of natural resources by
sections 4, 6, and 11 of Act No. 346 of the Public Acts of 1972, as
amended, being 0281.954, 281.956, and 281.961 of the Michigan
Compiled Laws)

R 281.811 to R 281.821, R 281.824, R 281.837, and R 281.841 to R
281.844 of the Michigan Administrative Code, appearing on pages 963
to 967 and 970 to 972 of the 1979 Michigan Administrative Code, are
amended, and R 281.815 to R 281.819 are added, to read as hereinafter
set forth.

R 281.822 and R 281.831 of the Michigan Administrative Code,
appearing on pages 966 and 968 of the 1979 Michigan Administrative
Code, are rescinded.

R 281.811 Definitions.
Rule 1. (1) As used in these rules:
(a) "Act" means Act No. 346 of the Public Acts of 1972, as
amended, being �281.951 et seq. of the Michigan Compiled Laws.
(b) "Applicant" means a person applying for a permit pursaunt to
the provisions of the act.
(c) "Bottomland dredging" means dredging of channels and canals
and the removal of any rock, stone, or soil from bottomlands.
(d) "Bottomland filling" means placement of rock, stone, soil, or
other material on bottomlands.
(e) "Reasonable sanding of beaches to the existing water's edge"
means placing a layer of sand which is free of organic or other
pollutant materials and which does not shift the location of the
existing ordinary high-water mark or shoreline contour.
(2) Terms defined in the act have the same meanings when used in
these rules.

R 281.812 Permit applications.
Rule 2. , (1) An application for permit shall be made on a form as
prescribed and provided by the department. Application forms may be
obtained from the land resource programs division of the department
of natural resources or from any designated field office of the
department.

(2) An application for a permit shall not be deemed as received or
filed with the department until all information requested on the
application form, the application fee, and any other information
requested by the department have been received by the department.
For purposes of determining when the period for granting or denying a
permit begins, an application shall not be deemed to be filed with
the department until all information requested by the department has
been received.
(3) Application fees shall be submitted to the department with the
initial submittal of an application form. The fee shall be paid by
check, money order, or draft made payable to: "state of Michigan."
(4) After receipt of an otherwise complete application, the
department may request such additional information, environmental
assessments, waterway design calculations, records or documents as
are determined to be necessary to make a decision to grant or deny a
permit.
(5) An application shall be considered to be withdrawn and the
file for the application shall be closed if, an applicant fails to
respond to any written inquiry or request from the department within
30 days of the request.
(6) An application for a permit to construct or replace a bridge
or culvert shall include complete plans and specifications des-
cribing the proposed work.
(7) When the proposed project includes activities at multiple
locations or numerous lakes or streams, the applicant may submit a
preliminary site plan showing the proposed work and all lakes or
streams involved. After completing a timely field investigation,
the department shall advise the applicant of those activities which
require a permit.

R 281.813 Permit conditions.
Rule 3. (1) A permit shall provide that the work authorized
therein shall be completed within a specified term, normally not more
than I year from the date of issuance, or as otherwise determined by
the department. An extension of time may be granted by the depart-
ment. An administrative fee shall not be required for an application
for an extension of time.
(2) Permits authorizing projects which involve a lake or stream
crossing by pipelines or utilities shall specifically condition the
activity to be subject to the requirements and specifications of R
281.832 to R 281.839.
(3) A permit does not obviate the necessity of receiving approval
from the state department of public health or a local unit of
government when applicable, including a local unit of government
responsible for administering Act No. 245 of the Public Acts of 1970,
as amended, being �281.531 et seq. of the Michigan Compiled Laws, and
Act No. 347 of the Public Acts of 1972, as amended, being �282.101 et
seq. of the Michigan Compiled Laws, and the United States army corps
of engineers where applicable.
(4) The department shall not issue a permit, except for a
conditional permit or a permit under a minor project category until
20 days after the mailing of the list to each eligible subscriber as
provided for in subsection (1) of section 6 of the act.

(5) Upon request, the department shall provide any person with a
copy of a permit application and supporting documents pursuant to Act
No. 442 of the Public Acts of 1976, as amended, being �15.231 et seq.
of the Michigan Compiled Laws.

R 281.814 Environmental assessment.
Rule 4. In each application for a permit, all existing and
potential adverse environmental effects shall be determined and a
permit shall not be issued unless the department determines all of
the following:
(a) That the adverse effects to the environment and the public
trust are minimal and will be mitigated to the extent possible.
(b) That the resource affected is not a rare resource.
(c) That the public interest in the proposed development is
greater than the public interest in the unavoidable degradation of
the resource.
(d) That no feasible and prudent alternative location is
available.

R 281.815 Structure maintenance.
Rule 5. The following structures may be maintained in accordance
with section 4(j) of the act:
(a) Wood seawalls, when the repair is only of the seawall facing
or sheeting, support piling, or cap and the maintenance does not
encompass more than 25% of the permitted seawall length.
(b) Riprap shore protection structures, where original materials
have been displaced by erosion or ice damage and the placement of
earthern fill will not be required as part of the maintenance.
(c) Noncommercial docks and pilings.
(d) Boat ramps.
(e) Bridges and culverts, where the maintenance is of an existing
in-place structure and does not involve removal of the structure or
alteration of the watercourse, streambed, or adjacent banks.
(f) Dams and lake level. control structures, where the maintenance
will be conducted without drawing down the lake or impoundment and is
limited to minor surface repairs; the repair or replacement of stop
logs, racks, and gates; or surface stabilization of earthern embank-
ment type structures where the work is above the existing water
surface.
(g) Docks and pilings of a marina having a current operating
permit from the department.

R 281.816 Minor project categories.
Rule 5. Upon receipt of an application for a permit for any of the
following minor projects, the department may act upon the applic-
ation as provided in subsection (6) of section 6 of the act:
(a) Noncommercial piers, docks, and boat hoists which meet all of
the following design criteria:
(i) The length or size of the proposed structure is not greater
than the length or size of similar structures in the vicinity and on
the watercourse involved.
(ii) Free littoral flow of water and drift material is provided
For.

(iii) Clean, nonpolluting materials will be used for the construc-
tion.
Ov) A structure is a single structure appurtenant to the appli-
cant's upland. Multiple structures or structures additional to
existing structures shall not be considered under this project
category.
(b) Spring piles and pile clusters which meet the following design
and proposed criteria:
(i) The location, number, and purpose for placement is usual for
such projects in the vicinity and watercourse involved.
(ii) All piles and other materials used in their placement are
clean, nonpolluting materials.
(iii) The location and placement will not create an obstruction to
navigation.
(c) Seawalls, bulkheads, and other permanent revetment structures
which meet all of the following purpose and design criteria:
(i) The proposed structure fulfills an identifiable need for
erosion protection, bank stabilization, or the protection of, or
improvements on, uplands.
(ii) The structure will be constructed of suitable materials Free
from pollutants, waste metal products, debris, or organic materials.
(iii) The structure is not more than 100 feet in length and is
located in an area on the waterbody where other similar 'structures
already exist.
(iv) The placement of backfill or other fill associated with the
construction does not exceed an average of I cubic yard per running
foot along the shoreline and a maximum of 100 cubic yards.
(v) The structure or any associated fill will not be placed in a
wetland area or placed in any manner that impairs surface water flow
into or out of any wetland area.
(d) Filling for the creation and improvement of swimming areas and
beaches, the restoration of existing permitted fills, fills placed
incidental to construction of other structures, and fills that do not
exceed 100 cubic yards as a single and complete project which meet
both of the following design criteria:
(i) The fill is of suitable material free from pollutants, waste
metal products, debris, or organic materials.
(ii) Fill for the improvement of swimming areas or beaches,
utilizing clean sand or gravel, will not exceed a blanket depth of 5
inches and will not be placed in a water depth exceeding 4 feet.
(e) Dredging for the maintenance of previously dredged areas or
dredging of not more than 100 cubic yards as a single and complete
project.when both of the following criteria are met:
(i) No reasonable expectation exists that the materials to be
dredged are polluted.
(ii) All dredging spoils will be removed to an upland site
exclusive of wetland areas.
(f) Construction of bridges and culverts, whether new, replace-
ment, or temporary, and the removal of bridges or culverts with the
restoration of the crossing site which meet all of 'the following
criteria.
(i) The bridge o@ culvert structure proposed is of a type and
design, including certifications, described by I of the following:

(A) The proposed structure has a waterway opening area of not more
than 25 square feet and the waterway opening approximates or exceeds
the cross-sectional area of the channel.
(8) The proposed structure is a temporary stream-crossing struc-
ture which is programmed for removal and site restoration within 2
years from the date of permit issuance and which has a waterway area
that approximates or exceeds the cross-sectional area of the chan-
nel.
(C) The proposed structure is a replacement stream crossing which
fully spans the bottomlands and the owner or the owner's engineering
consultant certifies that the proposed structure is of equal or
greater hydraulic capacity; that deletion of auxiliary waterway
openings is not planned; and that available information does not
indicate the presence of a harmful interference.
(D) The proposed structure is a new stream-crossing structure
which fully spans the bottomlands, the design of which is certified
by a registered professional engineer to pass the 100-year flood as
determined by the department without causing harmful interference,
which certification includes hydraulic waterway design calculations.
(E) The proposed structure is a new or replacement structure to be
placed on an upland channel or similar artificially constructed
waterway where consideration for the passage of flow is not a
si nificant design factor.
?F) The proposed structure is an extension of an existing bridge
or culvert where the total extended length does not exceed 24 feet.
(ii) The structure will provide sufficient underclearance to
facilitate passage of watercraft which could be expected to navigate
the waters involved.
(iii) The total volume of fill to be placed below the ordinary
high-water mark for placement of the structure does not exceed 200
cubic yards.
(iv) The removal of existing structures will be conducted without
dropping demolition materials in the watercourse, and haul roads,
work pads, or other structures to facilitate the removal will not be
placed below the ordinary high-water mark.
(g) Watercourse crossings by utilities, Pipelines, cables, and
sewer lines which meet all of the following design criteria:
(i) A minimum of 30 inches cover will be maintained between the
top of the cable or pipe and the bed or stream or other watercourse
on buried crossings.
(ii) The method of construction proposed is the least disturbing
to the environment employable at the given site.
(iii) Any necessary backfilling will be of washed gravel.
(iv) The diameter of pipe, cable, or encasement does not exceed 20
inches. -
(h) Dredging and construction or enlargement of ponds, lagoons,
ditches, stormwater management basins, and similar artificial water-
ways when the proposed activity meets both of the following criteria:
(i) The artificial watercourse will have a surface area of less
than 5 acres, with no direct connection to an existing inland lake or
stream.
(ii) The resulting spoils will be placed on an appropriate upland
site in a manner which-will not impair flood flows.

(i) Structural repair of man-made structures which meets all of
the following design and purpose criteria:
(i) The repair will not alter the original use of a currently
serviceable structure.
(ii) The repair will not adverely affect public trust values or
interests, including navigation, fish migration, and water quality.
(iii) Any materials used for repair will be of nonpolluting
materials.
(j) Fish habitat structures which meet all of the following
criteria:
(i) The structures are placed so as not to impede navigation or
create a navigational hazard.
(ii) The structures are permanently anchored to the bottomlands.
(iii) The structures are constructed of nonpolluting materials.
(iv) The structure placement has the written authorization of the
riparian owner and the appropriate department district fisheries
biologist.
(k) Scientific structures, such as staff gauges, water monitoring
devices, water quality testing devices, survey devices, and core
sampling devices, which meet all of the following design and purpose
criteria:
(i) The structures do not impede navigation or create a naviga-
tional hazard.
(ii) The devices are constructed of nonpolluting materials.
(iii) The placement of any scientific structure has the written
authorization of the riparian owner.
(1) Navigational aids which meet either of the following criteria:
(i) The aids are approved by the United States coast guard.
( i i ) The ai ds are approved under Act No. 303 of the Publ ic Acts of
1967, as amended, being S281.1001 et seq. of the Michigan Compiled
Laws.
(m) Extension of a project under a current permit -which will not
result in any damage to natural resources.

R 281.817 Minor drainage structures and facilities.
Rule 7. The following structures are minor drainage structures and
facilities which do not require a permit pursuant to section 4(f) of
the act:
(a) Cross road culverts which serve only to equalize the existing
water surfaces at the ends of the culvert.
(b) Cross road culverts constructed to continue the existence of
drainage courses other than inland lakes and streams.
(c.) Roadside ditches which serve to convey storm water runoff from
the highway right-of-way without materially changing the drainage
pattern which existed prior to the construction of the ditches.
(d) Standard appurtenances for storm water runoff facilities, such
as manholes, catch basins, and headwalls.
(e) Cross road culverts constructed for the continuation of a
drainage course where the drainage area above the culvert is less
than 2 square miles.

R 281.818 Mainstream portions of natural watercourses.
Rule 8. The following legally established drains are deemed to be
mainstream portions of natural watercourses and are not subject to
permit exemption pursuant to section 4(g) of the act.
(a) Grand River basin (Jackson county).
Point of beginning: The intersection of Liberty and
Milwaukee streets in the city of Jackson.
Point of ending: The west line of Rives township, Jackson
county, 1,165 feet south of the northwest corner of section 7,
TlS, RIW.
(b) Rogue River basin (Newaygo and Kent counties).
Point of beginning: At its intersection with the south line
of section 2, TION, R12W, Tyrone township, Kent county.
Point of ending: At Ransom lake in section 12, TUN, R12W,
Grand township, Newaygo county.
(c) Shiawassee river trunk drain (Saginaw county).
Point of beginning: At the junction of the Shiawassee river
and the Flint river in section 9, TUN, R4E, James township,
Saginaw county.
Point of ending: At a point in mid-channel of said river in
section 34, TlON, R3E, Charles township, Saginaw county,
approximately 0.2 mile from the south line of the section.
(d Clinton river drain.
(i) Macomb county
Point of beginning: The Market street bridge in the city of
Mount Clemens.
Point of ending: The Red Run drain outlet.
(ii) Oakland county
Point of beginning: At the intersection with Orchard Lake
road on the north line of section 32, T3N, RIOE, city of
Pontiac.
Point of ending: At the intersection with Auburn road on the
east line of section 27, T3N, RlOE, city of Pontiac.
(e) Black river drain (Sanilac county).
Point of beginning: AT the south line of section 6, TlON,
R16E, Lexington township, Sanilac county.
Point of ending: At the north I ine of section 1, T12N, R14E,
Custer township, Sanilac county.
(f) Maple river drain (Gratiot and Shiawassee counties).
Point of beginning: At Highway US-27, section.28, T9N, R2W,
Washington township, Gratiat county.
Point of ending: At its upper terminus in section 3, T6N,
R3E, Shiawassee township, Shiawassee county.
(g) Little Thornapple river drain (Barry and Ionia counties).
Point of beginning: At the south line (M-43) of section 13,
NN, R8W, Carlton township, Barry county.
Point of ending: At the outlet from Tupper lake where the
outlet enters Jordan lake in section 34, TSN, R7W, Odessa
township, Ionia county.

Kawkawlin river drain (Say county).
Point of beginning: Mouth of river on Saginaw bay, in section
33, T15N, R5E, Bangor township, Say county.
Point of ending: At the intersection with Euclid avenue on
the west side of section 5, R14N, R5E, Bangor township, Say
county.
(i) St. Joseph River drain (Hillsdale county).
Point of beginning: At the intersection of the line between
sections 8 and 9, T8S, R4W, Camden township, Hillsdale
county.
Point of ending: At a point 715 feet southeast of the line
between sections 25 and 26, T8S, R4W, Camden township,
Hillsdale county.
(j) East Branch of St. Joseph river drain (Hillsdale county).
Point of beginning: At the intersection of the line.between
sections 33 and 34, T7S, RIW, Pittsford township, Hillsdale
county.
Point of ending: At the intersection with the state line.
(k) Pigeon river drain (Huron county).
Point of beginning: At the mouth of the Pigeon river on
Saginaw bay in the village of Caseville, including the mouth
of the Pigeon river cut-off drain.
Point of ending: At a point 3/4 of a mile south of Kinde road
in section 1, T17N, RlOE, Caseville township, Huron county.

R 281.819 Marina operating permit application; criteria for.
processing.
Rule 9. In acting upon an application for marina operating permit,
the department shall not issue a permit unless the department
determines that the facility meets all of the following criteria:
(a) The facility does not unreasonably affect the public trust or
riparian interests.
(b) Ingress and egress are within the riparian owner's interest
area.
(c) The recreational watercraft-carrying capacity of the water-
body upon which the facility is located is not exceeded by the
increased use brought about by the marina, and the increased use
attributable to the marina will not create congestion or safety
problems or aggravate existing recognized congestion or safety pro-
blems.
(d) The construction and operation of the facility will not
destroy or adversely impair the use of the waters or natural re-
sources of the state.
(e) The facility is not aesthetically displeasing and conforms to
similar structures and activities in the area on similar water-
courses.
(f) The facility has adequate parking space to accommodate
anticipated users.

(9) The facility is in compliance with local zoning ordinances.
If the facility is not in compliance, and the local unit of govern-
ment having proper jurisdiction notifies the department at the time
of public notice objecting to the issuance of a permit, the depart-
ment shall withhold permit issuance for 30 days from the date of
expiration of public notice. If the local unit of government does
not file an action to restrain operation of the facility in a public
forum within the specified 30-day time frame, the department may
issue a permit for marina operation if all other criteria are met.
(h) The structures do not constitute a safety or navigational
hazard and are in good repair.
(i) The potential adverse environmental effects of operating a
marina have been determined pursuant to R 281.814.

R 281.821 Conditional permits.
Rule 11. (1) The department may issue a conditional permit when
emergency conditions warrant a project to protect property or the
public health, safety, or welfare.
(2) Conditional permits shall be issued only under emergency
conditions. Upon a determination by the department that a project
would be in the best interest of both the applicant and the public,
the department may declare an emergency condition to exist and issue
a conditional permit. Physical and economic factors shall be
considered in determining whether an emergency condition exists.
(3) Bridge or culvert repairs or replacements may be made under
emergency conditions upon submitting an application and receiving a
conditional permit. A written report which includes details of the
needed emergency repairs shall accompany the application. The
department shall give such applications timely response.

R 281.823 Bridge construction procedures.
Rule 13. (1) Each construction project should be completed so as
to prevent erosion and subsequent damaging siltation of streams or
lakes. The area of erodible land exposed to the elements by the
grading operations at any one time shal I be controlled by the owner's
engineer and the duration of such exposure prior to final trimming,
finishing or maintenance of the area should be as short as practical.
(2) Gravel or stone, consisting of durable particles of rock and
containing only negligible quantities of fines, shall be used for
construction pads, haul roads and temporary roads in or across
streams
(3) @hen required by the department, a sedimentation basin shall
be constructed downstream from the work site to trap silt and
sediment resulting from construction operations. A detailed sketch
of a sedimentation basin is available on request from the department.
The collected silt and sediment shall be removed as directed by the
owner's engineer and the sedimentation basin removed on completion
of the project. As found necessary, the department will assist the
owner in the design of a sedimentation basin.
(4) The disturbance of lands and waters that are outside the
limits-of construction as staked shall be avoided.
(5) The owner shall give written notice 5 days prior to the start
of work.

R 281.824 Specifications; bridge and culvert projects.
Rule 14. (1) The department of transportation standard specific-
ations (1970 or later editions) listed in this rule are necessary for
the protection of natural resources. These specifications are
intended to cover all construction and related work as it affects
natural resources found in and adjacent to work areas.
(2) General coverage in proposal or specifications as follows:
(a) Protection and restoration
of property . . . . . . . . . . . Sec. 1.07.07 Std. Specs.
(b) Forest protection . . . . . . . . Sec. 1.07.13 Specs.
(c) Control of water pollution
and siltation . . . . . . . . . . Sec. 1.07.14 Specs
(d) Borrow areas . . . . . . . . . . . Sec. ?.08.01 Std. @pecs.
(e) Borrow area restoration . . . . . Supp. Specs.
(f) Channel excavation . . . . . . . . Sec. 2.09.05 Std. Specs.
(3) The following are additional department of transportation
standard specifications covering measures for prevention of erosion
and siltation:
(a) Topsoil surf ace . . . . . . . . . Sec. 6.53 Std. Specs.
(b) Mulching . . . . . . . . . . . .. Sec. 5.54 Std. Specs.
(c) Seeding . . . . . . . . . . . . . Sec. 5.52 Std. Specs.
(d) Fertilizing Sec. 6.5? Std. Specs.
(e) Riprap (plain heavy) . . . . . . . Sec. 6.01 Std. Specs.
(f) Cobble gutter (plain-grouted) . . . Sec. 6.03 Std. Specs.
(g) Slope planting . . . . . . . . . . Sec. 6.55 Std. Specs.
(h) Oune gr as s pl ant i ng . . . . . . . Sec. 5.56 Std. Specs.
(i) Sodding . . . . . . . . . . . . . Sec. 6.51 Std. Specs.
(j) Slope protection . . . . . . . . . Sec. 6.01 Std. Specs.
(k) Crushed limestone surface . . . . Supp. Specs.
(1) Paved ditches . . . . . . . . . . Supp. Specs.
(m) Rye seeding . . . . . * ' * * ' ' Sec. 6.52 & Supp. Specs.
(4) The state highway design office has information for the
design engineer on control of erosion through sodding; water c6ntrol
by catch basins, downspouts, concrete shoulders, and spillways;
borrow restoration, particularly adjacent to highway limits; and
seeding, mulching, and plantings. The following standard plans are
available:
(a) Special outlet headwalls, etc. E-4-A-9F
W Sodding, etc . . . . . . . . . . . E-4-A-100
(c). Paved ditches, etc . . . . . . . . E-4-A- I I OC
(d) Shoulder gutter and spf I I way . . . E-4-A-128

R 281.832. General requirements; all size pipelines and conduits.
Rule 22. (1) The owner or his agent shall submit general
construction plans, including a route map and stream crossing speci-
fications. These general plans and related documents shall be
submitted not later than 3 months prior to the solicitation of bids
and preferably the route plans should be reviewed with the department
prior to acquisition of rights of way. Five copies of construction
plans- and specifications shall be submitted with the application.

A pre-construction meeting shall be held if deemed necessary
by either the department or the owner in order to thoroughly aquaint
all concerned parties with the measures which must be taken to
minimize erosion and siltation and properly protect the natural
resources in the project area.
(3) Ten days written notice shall be given to the department by
the owner before the beginning of work.
(4) The owner shall take all necessary steps to prevent damage to
fish and game habitat and to preserve the natural resources of the
state. Excavation shall be carried out so as to minimize discharge
of damaging material into any stream, lake or reservoir.
(5) The work of clearing, scalping, grading, slope erosion
protection, ditching, backfilling and final clean-up within 50 feet
of streams, lakes and reservoirs shall be completed within as short a
period as reasonably possible in order to minimize erosion occurring
from wind and precipitation.
(6) Trench excavation on any one spread shall be stopped when
10.000 feet remain open, except as authorized in the permit issued by
the department.
(7) Replacing of bank plugs and grading of streain banks within 50
feet shall be accomplished immediately following pipe laying.

R 281.833 Special requirements.
Rule 23. Certain information and special protective measures may
be required by the department at specified stream crossings. The
following items, if required shall be outlined by the department to
the owner either prior to or in the permit issued covering the job.
(a) Three days oral notice of crossing, ditching or blasting
within 50 feet of certain stream crossings.
(b) Construction work across certain stream crossings may be
prohibited within 3 days just preceding, or during, Memorial day,
Independence day or Labor day holiday periods.
(c) Installation of approved warning signs may be required at
certain stream crossings, to be located as directed by the depart-
ment, to provide notice of pipeline crossing construction or excava-
tion and shall be maintained by the owner until removal is authorized
by the department or until the water crossing bed has been restored
to normal
(d) S@il data on certain water crossings may be requested to
determine the nature of soil to be encountered and to delineate
possible trouble areas with regard to trench excavation limits. A
plan and profile sheet of the water crossing may be requested by the
department where soil data indicates a need therefor.
(e) Temporary sedimentation basins or cofferdams may be required
for certain water crossings. In such case, the provisions for
sedimentation basins hereinafter set forth shall apply.

R 281.834 Sedimentation basins and cofferdams.
Rule 24. (1) Sedimentation basins or cofferdams, where required.
shall be constructed prior to any other work at the site crossing. A
detail sketch of a sediment basin is available on request from the
department.

(2) Temporary weirs or cofferdams are to be removed, including any
materials trapped by them in the control of siltation, within 2 weeks
of final clean-up. Intermittent removal of silt or sand during
construction may be required for proper operation of sedimentation
basins. In any event, the sedimentation basins shall be cleaned
before removal.
(3) Weirs shall be constructed of continuous interlocking steel
sheeting except where other substitute materials are authorized by
the department. When specified by the department, a detail sheet of
the weir installation will be furnished by the owner.
(4) The owner is responsible for securing the necessary approval
of private land owners where temporary additional right of way or
easement is necessary to construct and operate a settling basin. An
easement is not required in locations where the crossing is made on
state owned lands.

R 281.835 Haul roads.
Rule 25. (1) Temporary haul roads crossing streams shall be
constructed of coarse aggregate with c-ulverts or logs or both laid
parallel to the stream. Only coarse aggregate or metal or wood mats
may be used as a running surface on log construction. The side
slopes shall be protected with permanent riprap, as specified in Rule
26, up to a level 2 rows above the normal water level and over the
ends of the culverts.
(2) Permanent haul roads crossing streams (roads that are to be
left In place at the request of the property owner) will require a
permit under Act No. 245 of the Publ ic Acts of 1929, as amended.
Plans and specifications for such crossing shall be prepared by a
registered professional engineer and submitted by the property owner
along with the application for a permit to construct the facilities.
(3) Both temporary and permanent haul roads shall have adequate
top width to permit passage of all construction equipment without
slou hing of side slopes.
(4? Culverts of adequate size and length, approved by the depart-
ment, are required in both temporary and permanent haul roads.
(5) Fording of streams is permitted only where it will not cause
either erosion or siltation.

R 281.836 Trench excavation.
Rule 26. (1) All pipe trenches shall be excavated to a depth
which will provide a minimum cover of 30 inches from the bed of the
stream to the top of the pipe. This minimum cover shall control
except where special conditions at certain water crossings may
warrant a lesser or greater depth of cover.
(2) Appropriate trench excavation methods shall be employed to
minimize material from the pipe trench flowing into the stream,
giving due consideration to the soil, terrain, cover, side slopes and
weather conditions involved.
(3.) The pipe trench excavation shall stop some distance from the
stream to leave a protective plug of 10 to 20 feet of unexcavated
material at each bank. The plugs shall be left in place until the
pipe laying operation across the stream has begun. Bypassing of
water in the trench to the side by diversion ditches or by pumping
may be required at certain water crossings.
22

(4) The trench i n the stream bed may he backf i I I ed i f the materi al
used does not cause excessive siltation. Stone, coarse aggregate or
washed gravel shall be used where backfill is required and where use
of existing material will cause excessive siltation.
(5) Pumping or draining from trench excavations shall be made on
either side of the pipeline and not into the waters of the state.
The owner shall secure the necessary approval of private land owners
before discharging water from the trench excavation onto private
lands.

R ?81.837 Stream bank protection; pipeline and utility projects.
Rule 27. (1) Following the installation of the pipeline or cable,
all work areas along or across streams or lakes shall be restored
immediately and the exposed beds and banks shall not remain unpro-
tected for more than 7 days, except where subsequent permission is
provided for a pumping and testing operation.
(2) All disturbed stream banks shall have a finished slope no
steeper than I on 2 (1 vertical to 2 horizontal) to prevent sloughing
until stabilized by vegetative cover or riprap. The I on 2 slope
shall be graded up and back to the high-water line. If the top of the
natural bank is more than 3 feet above the high-water line, a minimum
10-foot berm shall be constructed at this level and the remaining
slope shall be constructed upward parallel with, or on a flatter
slope shall be constructed upward parallel with, or on a flatter
slope than, the original natural bank.
(3) All raw soil exposed above the permanent riprap protection
line shall be sodded, riprapped, or seeded, fertilized, and mulched.
Temporary riprap (sandbags) may be used.
(4) Mulch shall consist of 3 inches of straw or other approved
materi al . Mul ch on sl opes greater than 10% shal I be hel d i n pl ace by
a spray of asphalt type SS-IS emulsion mixed with an equal amount of
water.
(5) Seeding and fertilizing rates shall be as follows:
(a) Fertilizer per acre: 200 pounds of 6-24-24.
(b) Seed per acre: 10 pounds Kentucky 31 fescue, 3 pounds
Sirdsfoot trefoil, and 3 pounds white clover.
(6) Permanent riprap shall be placed from the bed of the channel
to 3 feet above the normal high-water line or to the top of the bank.
Permanent riprap shall be a 5-to-1 mix of sand to cement in burlap or
canvas bags, sackrete, broken concrete, man-size rock, or other
material approved by the department. Sackrete, where used, shall be
transferred Lu burlap or canvas bags.
(7) Deflecting dikes, which are reinforced by I row of sandbags,
shall be used to divert runoff and minimize slope erosion from steep
slopes adjacent to water crossings where the contributing runoff
could be great enough to cause slope erosion. Water shal I be
diverted to undisturbed areas adjacent to the right-of-way.
(8) Deflecting dikes shall be placed along the top of all stream
banks where the entire slopes is not protected with riprap. Deflec-
tion dikes shall also be placed at the top of, and at 100-foot
intervals or less on, slopes greater than 20%.

R 281.838 Final clean-up.
Rule 28. Fiinal clean-up shall consist of removing the temporary
haul road across the stream; reshaping the stream as nearly as
possible to its original configuration, width, depth and bottom
material; protection of the stream banks as specified in Rule 27; and
removing all construction material and debris from the crossing
site, including any material and debris downstream from the site as a
result of the pipeline construction.

R 281.839 Use of water for cleaning and testing pipeline.
Rule 29. (1) The cleaning and testing procedure shall be
conducted in a manner that will minimize potential problems which
might affect fish and game habitat or other natural resources of the
state.
(2) Water used for filling the pipeline may be taken from a lake,
stream or reservoir, if a written request is made to the department
and the requisites listed below are met. In addition, location of
points for discharge of cleaning and testing water shall be approved
in advance by the department:
(a) Erosion or siltation are to be minimized.
(b) Appropriate releases from the affected riparians shall be
obtained where the rate at which water is taken to fill a pipe is
more than 30% of the flow at the time or if a state owned lake or
reservoir is exhausted beyond 15% of the total volume.
(c) Water containing detergent or rust from the pipe itself shall
be discharged so as to prevent its flowing into any stream, lake or
reservoir except where a special request for this specific procedure
is made.
(d) Water used for hydrostatic testing shall be discharged in a
manner and at a location which minimizes erosion or siltation to any
stream or public reservoir, and which does not result in thermal
pollution of any trout waters.
(e) The rights of downstream riparians shall be recognized and
observed regardless of approval or a no objection statement from the
department.

R 281.841 Bulkhead lines.
Rule 31. (1) An application for the establishment of a bulkhead
line pursuant to section 9 of the act by a local unit of government
shall include a resolution which is adopted by the governing body of
the local unit of government making application and which requests
the department to hold a public hearing for the purpose of con-
sidering establishment of a bulkhead line. The hearing shall be held
in the applicant's jurisdiction pursuant to section 6 of the act.
(2) An ordinance adopted by a local unit of government to exercise
control landward of an established bulkhead line shall be consistent
with the act and these rules. The local unit of government shall
submit a. proposed ordinance to the department for review and approval
prior to formal adoption by the local unit of government. A copy of
an application received by a local unit of government pursuant to its
ordinance shall be forwarded to the land resource programs division
of the department prior to the issuing of a permit. Variance from
the ordinance shall not be granted unless approved by the department.

(3) When establishing a bulkhead I ine on its own application, the
department may retain jurisdiction over the area landward of the
bulkhead line to the ordinary high-water mark.

R 281.842 Notification of pending applications.
Rule 32. The list prepared and mailed by the department pursuant
to subsection (1) of section 6 of the act shall include permit
applications received during each week. The list shall be mailed
biweekly to each subscriber. The list shall include all of the
following information:
(a) Process number.
(b) Applicant's name and address.
(c) Watercourse.
(d) Location of proposal by town, range, and section.
(e) Project description.

R 281.843 Hearings.
Rule 33. (1) The department may hold a public informational
hearing when a proposed project appears to be controversial or when
additional information is desired prior to action by the department.
(2) All other hearings shall be conducted pursuant to subsection
(2) of section 11 of the act.
(3) All persons who receive notification under subsection (1) of
section 6 of the act shall receive not less than 10 days' prior
notification of any hearings held under the act.

R 281.844 Notification and inspection of completed project.
Rule 34. (1) The applicant shall notify the land resource
programs division of the department within 10 days of completion of
the project to facilitate scheduling of final inspection.
(2) The department shall schedule its field inspection of a
completed project only when weather conditions will permit a
thorough inspection of the project.

R 281.845 Special conditions.
Rule 35. Whenever vertically upward bottomland displacement, also
called surcharge, results from filling or other activity immediately
adjacent to the displacement area by the applicant, he/she shall be
responsible for its timely removal at the direction of the
department.

R 281.846 Rescission.
Rule 36. The rules of the department entitled "Inland Lakes and
Streams" being R 281.801 to R 281.810 of the Michigan Administrative
Code and appearing on pages 4120 to 4122 of the 1967 Annual Supple-
ment to the Code, are rescinded.

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