DEPARTMENT OF NATURAL RESOURCES

                        FOREST MANAGEMENT DIVISION

                     JORDAN RIVER NATURAL RIVER ZONING


(By authority conferred on the commission of natural resources by  section 13 
of Act No. 231 of the Public  Acts   of   1970,   being   S281.773   of   the 
Michigan Compiled Laws)


R  281.51   Definitions.
  Rule 1. (1) "Applicant" means a person who requests on  proper  forms   and 
via proper procedures,  a  zoning  permit,  special   exception   permit   or 
variance.
  (2) "Appurtenance" means a structure incidental to  a  dwelling  including, 
but not limited to, garages, pump houses, wells,  sanitary   facilities   and 
electrical service lines.
  (3) "Commission" means the natural resources commission.
  (4)  "Director"  means  the  director  of  the   department   of    natural 
resources.
  (5) "Dwelling" means a building, or portion thereof, which  is  designed or 
used exclusively for residential purposes.
  (6) "Dwelling, single family" means a detached building  designed  for   or 
occupied exclusively by 1 family and containing  housekeeping  facilities.
  (7) "Front" means that side of a lot abutting the water's   edge   of   the 
mainstream or tributary.
  (8) "Lot" means a parcel of land occupied or intended to be occupied  by  1 
dwelling and appurtenances incidental to it, including such open   spaces  as 
are arranged and designed to be used in connection with such buildings.
  (9) "Natural river  district"  means  the  Jordan   river   natural   river 
district as described in subrule (1) of R 281.53.
  (10) "Reforestation" means  renewal  of  vegetative   cover   by   seeding, 
planting, or transplanting.
  (11) "Setback" means the horizontal distance between any   portion   of   a 
structure and the water's edge, measured at its closest point.
  (12) "Structure" means anything constructed, erected or to be  moved  to or 
from any premise which is permanently  located  above,  on   or   below   the 
ground including signs and billboards.
  (13) "Zoning administrator" means  the  administrator   of   these   zoning 
rules appointed by the natural resources commission.
  (14) "Zoning  permit"  means  a  standard  form  issued   by   the   zoning 
administrator upon application and declaration by the owner   or   his   duly 
authorized agent approving proposed  construction  and  use   of   land   and 
buildings and structures thereon.
  (15) "Zoning review board" means a group of 3 or more persons  appointed by 
the commission to act upon requests for special exceptions.

  History:  1979 AC.


R  281.52   Purpose.
  Rule 2. It is the purpose of these rules:
  (a) To promote the  public  health,  safety,  and   general   welfare,   to 
prevent economic and ecological damages due to  unwise  development  patterns 
within the natural river district, and  to  preserve  the   values   of   the 
natural river district for the benefit of present and future  generations.
  (b) To protect the free flowing conditions, fish  and  wildlife  resources, 
water  quality,  scenic  and  aesthetic  qualities   and    historical    and 
recreational values of the Jordan river and adjoining land.
  (c) To prevent flood damages due to interference  with  natural  floodplain 
characteristics by excluding developments which are   vulnerable   to   flood 
damages.
  (d) To provide for residential and other permitted  development  that  will 
complement the natural characteristics of the natural river system.

  History:  1979 AC.


R  281.53   Boundaries; map; abrogation and other restrictions.
  Rule 3. (1) The  Jordan  river  natural  river  district   is   that   area 
comprising the Jordan  river  and  its  tributaries  from   its   source   in 
section 22, T31N, R5W in Antrim county to Roger's  bridge   in   section  35, 
T32N, R7W in Charlevoix county and all lands lying within 400  feet  of   the 
river's edge.
  (2) Certified copies of the Jordan river natural river zoning map  shall be 
displayed in the office of the county  register   of   deeds   and   in   the 
office of the zoning administrator and shall be filed with  the   local   tax 
assessing officer and with the state tax commission.
  (3) These zoning rules do not repeal, abrogate, or  impair   any   existing 
easements, convenants, or deed restrictions, nor permit actions prohibited by 
other statutes or ordinances, including zoning   ordinances,   applicable  to 
the Jordan river natural river  district,  except  that  where  these   rules 
impose greater restrictions than found on such  easements,   convenants,   or 
deeds, the provisions of these rules shall prevail.

  History:  1979 AC.


R  281.54   Permitted uses.
  Rule 4. The following uses shall be permitted  by  the   owner   upon   his 
property within the natural river district,  subject   to   limitations   and 
requirements outlined in these zoning rules, local   ordinances   and   other 
applicable statutes:
  (a) One single family dwelling and appurtenances set back  at   least   200 
feet from the water's edge on a lot at least 150 front feet  wide  along  the 
mainstream and set back 100 feet with minimum lot width of 150 front  feet on 
the tributaries.
  (b)  Plats  if  the  minimum  setback  and  lot   width   requirements   in 
subdivision (a) are met.
  (c) Camping and other recreational activities which do  not   require   the 
construction of permanent facilities.
  (d) Operation of watercraft subject to limitations  of   local   ordinances 
established under authority of Act No. 303 of the Public Acts  of  1967,   as 
amended, being SS 281.1001 to 281.1199 of the Michigan Compiled Laws.
  (e) Fishing and hunting in compliance with current laws and regulations.
  (f) Reforestation.
  (g)  Normal  agricultural  activities,  if  such   activities   meet    the 
provisions of these rules and  the  bureau  of  water   management   of   the 
department of natural resources determines that  such   activities   do   not 
contribute to stream degradation.
  (h) Operation of licensed motor vehicles on dedicated   public   roads   or 
access roads to private dwellings.
  (i) Private footpaths constructed by the landowner of natural  materials to 
facilitate permitted uses.
  (j) Private boat docks constructed by the landowner  of  natural  materials 
and camouflaged into natural surroundings.
  (k) Mining and extractive industries beyond 300 feet   from   the   water's 
edge.
  (l) Underground gas and utility lines.
  (m) Surface gas and  utility  lines  on  lands,  or   interests   in   real 
property continuously owned by the utility from and after  January  1,  1971, 
subject to review and approval by the commission.
  (n) Disposal fields and septic tanks in conformance   with   local   county 
health codes.
  (o) Cutting and filling of the land surface except where  the  high  ground 
water table is within 6 feet of the land surface.
  (p) Other uses which are granted permits  by   the   zoning   administrator 
according to R 281.56 and R 281.59.

  History:  1979 AC.


R  281.55   Natural vegetation strip.
  Rule 5. A strip 100 feet wide on  each  side  of  and   parallel   to   the 
mainstream and 25 feet wide on the  tributaries  shall   be   maintained   in 
trees and shrubs or in its natural  state,  except   that   dead,   diseased, 
unsafe, or fallen trees may be removed and trees and shrubs, upon approval of 
the area forester, may be  selectively  pruned  or  removed  for  landscaping 
purposes or to provide a filtered view of the river.

  History:  1979 AC.


R  281.56   Special exception permits.
  Rule 6. (1) Special exception permits may be granted to   allow   uses   in 
the natural river district that are not specifically permitted  by  R  281.54 
where implementation of such uses does  not  contravene   the   purposes   of 
these rules as specified in R 281.52.
  (2) Application for special exception permits shall  be   made   on   forms 
provided by the zoning administrator.
  (3) Upon receiving an application for a special   exception   permit,   the 
zoning review board at any time prior  to  rendering   a   decision   thereon 
shall require the applicant to furnish such of the  following  information as 
is deemed necessary by the  zoning   review   board   for   determining   the 
suitability of the particular site for the proposed use:
  (a) A detailed description of the proposed activity or use.
  (b) A plan (surface view) showing elevations or contours  of  the   ground, 
including existing earth fills; generalized vegetative   cover   map;   size, 
location and spatial arrangement of all proposed and  existing  structures on 
the site; location and   elevations   of   streets,   access   roads,   water 
supply and sanitary facilities.
  (c) Photographs showing  existing  land  uses  and   vegetation   as   seen 
upstream and downstream from the proposed use.
  (d)  Valley  cross  sections  showing  the    natural    stream    channel, 
streambanks, and high water marks, if any, with indication  of  locations  of 
proposed developments.
  (e) Any other information deemed relevant by the  zoning  administrator.
  (4) Before considering applications, the zoning review  board  shall   give 
notice by certified mail to all property owners within  500   feet   of   the 
proposed use, and to local officials and department  of   natural   resources 
personnel, including but  not  limited  to:   township   supervisor,   county 
health officials, county and township zoning  officials,  soil   conservation 
service, and regional office and natural rivers section of the  department of 
natural resources.
  (5) In passing upon applications, the zoning review  board  shall  consider 
all relevant factors specified in these rules, in the light  of  the   spirit 
and intent of the purposes as specified in R 281.52.
  (6) The zoning review board may  require  public  hearings   to   be   held 
regarding the application. The zoning review  board  shall   decide   on   an 
application within 15 days from receiving the   application,   except   that, 
where public hearings are  held  or  additional   information   is   required 
pursuant to subrule (3), it shall render a decision within 15  days  of   the 
end of hearings or receipt of the last requested information.
  (7) The zoning review board shall attach such conditions to the granting of 
special exceptions as are necessary to further the  purposes  of  these rules.
  (8) A special exception use shall adhere strictly to the   terms   of   the 
special exception permit.

  History:  1979 AC.


R  281.57   Nonconforming uses.
  Rule 7. (1) The lawful use of any land  or  structure   existing   at   the 
effective date of these rules may be continued, although the  use  does   not 
conform with these rules.
  (2) Repairs and  maintenance  work  required  to   keep   a   nonconforming 
structure or other use, such as a roadway, in sound condition may be made.
Remodeling of nonconforming structures within the confines  of  the  existing 
foundation and elevations shall be permitted.
  (3) A special exception permit shall be granted  by   the   zoning   review 
board when a nonconforming building or structure is damaged  or  destroyed by 
fire, flood, or other means, and it  may  be  restored  if   restoration   is 
started within 1 year from the time of damage.  Where   there   are   several 
buildings or structures which are used together  by  the   landowner   as   a 
single operating unit, the value of the part destroyed shall  be  compared to 
the value of the total operating unit in determining whether 50% of the value 
has been destroyed. A nonconforming building or  structure  damaged  by  more 
than 50% of its value may be reconstructed or repaired only  if  all  of  the 
following conditions exist:
  (a) The land upon which it is situated is not subject to flooding.
  (b) Continued use of a nonconforming building  or   structure   would   not 
lead to bank erosion or other material degradation of the river  resource.
  (c) The continued use  conforms  with  local  county   health   codes   and 
approval is granted by the local county health department.
  (4) The use of a nonconforming structure or land may be changed to a use of 
a like or similar character, or to a use  conforming  to  the  rules  of  the 
natural river district.
  (5) A nonconforming use of any land or structure may  not  hereinafter   be 
enlarged or extended without the granting of a special  exception  permit  as 
provided in subrule (3).
  (6) An enlargement or extension of a nonconforming use of up  to   50%   of 
the land area or the floor area  of  a  residential   structure   or   public 
accommodation providing overnight facilities not exceeding 12  units  may  be 
approved by the zoning review board when the owner submits  to   the   zoning 
review board  a  detailed  description  of  the   proposed   enlargement   or 
extension together with a site  plan  showing  the  location   of   all   new 
structures or uses, and upon a determination that  all   of   the   following 
conditions exist:
  (a) The land upon which it is situated is not subject to flooding.
  (b) The enlargement or extension of the nonconforming use would not lead to 
bank erosion or other material degradation of the river resource.
  (c) The enlargement or extended use conforms with   local   county   health 
codes and approval is granted by local county health department.
  (d) The enlarged or extended use does not  contravene   the   purposes   of 
these rules as specified in R 281.52.
  (7) Substitution of nonconforming structures with new  structures  may   be 
made, but the granting of a special exception permit is  required  to  ensure 
that the changed uses will conform as closely as possible to the  purposes of 
these rules as specified in R 281.52.
  (8) If a nonconforming use is discontinued for   12   consecutive   months, 
any future use at that site shall conform to these rules.
  (9) A property owner may request the zoning review board  to  certify   the 
existence  of  a  prior  nonconforming  use   on    his    property,    which 
certification shall be granted where a use meets the criteria  of  this  rule 
and the common law criteria of nonconforming uses of the state.

  History:  1979 AC.


R  281.58   Variances.
  Rule 8. (1) An applicant who is denied a  zoning  permit   or   a   special 
exception permit shall have a hearing held in accordance with and  subject to 
sections 71 to 87 of Act No. 306 of the  Public  Acts  of   1969,   being  SS 
24.271 to 24.287 of the Michigan Compiled Laws, upon  petition  thereof filed 
with the director within 30 days of such denial.
  (2) Upon receipt of a petition for a hearing, the director  shall   set   a 
date for a hearing on the facts and proposed action, and  shall   appoint   a 
hearing officer to preside at the hearing. The proposed  hearing   shall   be 
scheduled not more than 4 weeks after receipt of the  petition.  The  hearing 
officer shall hear the evidence, prepare a record of the  proceedings  and  a 
proposal for a decision including findings of fact and conclusions of law.
  (3) The hearing officer shall give notice of the   hearing   by   certified 
mail to the persons named in subrule (4) of R 281.56.
  (4) The record of the proceedings and proposal  for   decision   shall   be 
transmitted to the commission and shall be served by certified  mail  on  all 
other parties to the proceedings not more than 3 weeks  after  completion  of 
the testimony.
  (5) A final decision or order of the  commission  in   a   contested   case 
shall be made not more than 8 weeks after the date of the   hearing   and   a 
copy of the decision or order shall be delivered or   mailed   forthwith   to 
each party and to his attorney.
  (6) The commission shall  prepare  an  official  record   of   hearing   in 
accordance with section 86 of Act No. 306 of the Public Acts of 1969.
  (7) The final decision or order of the commission  after   a   hearing   is 
conclusive unless reviewed in accordance with section 87 or  sections  101 to 
106 of Act No. 306 of the Public  Acts   of   1969,   being   SS  24.287   or 
24.301 to 24.306 of the Michigan Compiled Laws.
  (8) In determining a final decision in a contested  case,  the   commission 
shall consider:
  (a) The economic effect of the subject property weighed in  light  of   the 
applicant's entire contiguous holdings and not merely  the   portion   within 
the natural river district. If the subject portion is the  remainder   of   a 
larger holding, this fact and a description of the title  history  shall   be 
included in the hearing evidence.
  (b) Increase in flood levels and flood damages that may  be  occasioned  by 
the proposed use at the site and upstream and downstream   from   the   site, 
water quality consequences and other factors relevant within  the  terms   of 
these rules.
  (c) Cumulative effect upon the natural  river   district   from   potential 
development of holdings in a legal position similar to  the  applicant's,  if 
variances are requested and granted for these properties.
  (d) Reasonable alternatives available to the applicant.
  (e) All other factors relevant to the purposes and  provisions   of   these 
rules.
  (9) In weighing the application for a variance,  considerations  of  public 
health, safety and welfare shall prevail, unless private injury is  proved by 
substantial preponderance of the evidence to be so great as to  override  the 
public interest.
  (10) A variance shall not be granted  where   the   commission   determines 
that the requested use will pose substantial hazard to   life   or   property 
rights either public or private.
  (11) Where by reason of the narrowness, shallowness or shape of  a  lot  or 
property at the effective date of these rules, the lot  or  property   cannot 
accommodate a building because of the required  building  setback,  variances 
shall be allowed only upon a consideration of the   factors   prescribed   in 
subrule (8). Such variances shall provide that the structures  shall  be   so 
placed as to best meet the spirit and objectives  of   the   natural   rivers 
act.

  History:  1979 AC.


R  281.59   Administration.
  Rule 9. (1) The commission shall appoint a zoning   administrator   and   a 
zoning review board to act as its agents to enforce  these  rules   including 
the receiving and processing of applications for  zoning   permits,   special 
exception  permits,  petitions  for  variances,   requests    for    changes, 
amendments or supplements, as outlined in these rules,   or   other   matters 
the commission is required to decide.
  (2) A person shall not commence  excavation,   erection,   alteration,   or 
repair for any building or structure or  commence  a  land   use   until   an 
application for a zoning permit has been made, a site  inspection  has   been 
completed  and  a  zoning  permit  has  been  secured   from    the    zoning 
administrator. Alterations and  ordinary  maintenance   made   on   dwellings 
where total cost does not exceed 5% of the market value of  the  structure in 
any 12-month period are exempt.
  (3) Application for a zoning permit shall be filed in  writing   with   the 
zoning administrator. There shall be submitted with  all   applications   for 
zoning permits:
  (a) Two copies of a site plan giving accurate  dimensions   on   either   a 
scale drawing or a rough sketch and containing the following  information:
  (i) Location upon the lot of all existing and proposed structures.
  (ii) Existing or intended use of the structures.
  (iii) Generalized vegetative cover.
  (iv) Lines and dimensions of the lot to be used.
  (b) Evidence of ownership of all property affected by   the   coverage   of 
the permit.
  (c) Evidence that all required federal, state, and   county   licenses   or 
permits have been acquired or that applications have been   filed   for   the 
same.
  (d) Other information as may be required by the zoning administrator.
  (4) One copy of  both  plans  and  specifications  shall   be   filed   and 
retained by the zoning administrator and the other shall  be   delivered   to 
the applicant when the zoning administrator has  approved  the   application, 
completed the site inspection and issued the zoning permit.  To  insure  that 
new land uses in the natural river district are in  conformance  with   these 
rules, the applicant shall display a permit required by  these   rules   face 
out within 24 hours of its issuance by placing it in  a   conspicuous   place 
facing the nearest street or roadway and displaying  it  continuously   until 
the purpose for which issued is completed. Failure to obtain  and  display  a 
permit is a violation of these rules and subjects each   person   for   whose 
benefit the permit is required to court action.

  History:  1979 AC.


R  281.60   Enforcement.
  Rule 10. (1) Buildings erected, razed, altered, moved,  or   converted   or 
any use of land or premises in violation of these rules are declared to be  a 
nuisance.
  (2)  Each  alleged  violation  shall  be   inspected    by    the    zoning 
administrator who shall order the applicant  in  writing   to   correct   all 
conditions found to be in violation of these rules.
  (3) Violations of these rules  shall  be  resolved   by   the   appropriate 
circuit court in accordance with section 13 of Act No. 231  of   the   Public 
Acts of 1970, being S 281.773 of the Michigan Compiled Laws.

  History:  1979 AC.


R  281.61   Changes; amendments; supplements.
  Rule 11. (1) Changes, amendments, and supplements to  boundaries   and   to 
permitted uses requested by a local unit of government or  by   a   landowner 
may be granted where implementation of such changes   does   not   contravene 
the purposes of these rules as specified in R 281.52.
  (2) A local unit of government or a landowner  who   requests   a   change, 
amendment, or supplement to the boundaries or to permitted uses shall have  a 
hearing held in accordance with and subject to sections 71 to 87 of  Act  No. 
306 of the Public Acts of 1969, as prescribed in subrules (2) to  (10)  of  R 
281.58.

  History:  1979 AC.