DEPARTMENT OF NATURAL RESOURCES

                        FOREST MANAGEMENT DIVISION

                    BOARDMAN 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  281.251   Definitions.
  Rule 1. As used in these rules:
  (a) "Applicant" means  a  person  who  requests,  on   proper   forms   and 
pursuant to proper procedures, a zoning permit, special exception  permit, or 
variance.
  (b) "Appurtenance" means a structure that is incidental  to   a   dwelling, 
including, but not limited to, garages, private access  roads,  pump  houses, 
wells, sanitary facilities, and electrical service lines.
  (c) "Bluff" means a steep bank which  rises  sharply   from   the   river's 
edge.
  (d) "Building inspector" means the agency or individual who is appointed by 
the appropriate governmental subdivision to issue building  permits   and  to 
administer the provisions of Act No. 230 of  the  Public  Acts  of  1972,  as 
amended, being S125.1501 et seq. of the Michigan Compiled Laws, and  known as 
the state construction code act of 1972.
  (e) "Building permit" means a permit that is issued  by   the   appropriate 
governmental subdivision as presently required under the  provisions  of  Act 
No. 230 of the Public Acts of 1972, as amended, being S125.1501  et  seq.  of 
the Michigan Compiled Laws.
  (f) "Commission" means the natural resources commission.
  (g) "Cutting edge of the river" means the edge  of  a   river   or   stream 
where the water velocity is such that it  may  cause   soil   or   streambank 
erosion.
  (h)  "Director"  means  the  director  of  the   department   of    natural 
resources.
  (i) "Family" means either of the following:
  (i) One or more persons who are related by  blood,   legal   adoption,   or 
marriage and who occupy a single-family dwelling unit with not  more  than  3 
other persons.
  (ii) Not more than  5  unrelated  persons  who   occupy   a   single-family 
dwelling unit.
  (j) "Filtered view of the river" means the maintenance or  establishment of 
woody vegetation of sufficient  density  to  screen  developments  from   the 
river, to provide for streambank stabilization  and   erosion   control,   to 
serve as an aid to infiltration of surface runoff, and to  provide  cover  to 
shade the water. The vegetation need not be  so  dense   as   to   completely 
block the river view. "Filtered view of the river" means no clear cutting.
  (k) "Front" means that side of a lot abutting the river's   edge   of   the 
mainstream or tributary.
  (l) "Lot" means a continuous area  or  acreage  of  land   which   can   be 
described  for  purposes  of  transfer,  sale,  lease,   rental,   or   other 
conveyance.
  (m) "Lot of record" means a lot that actually exists   in   a   subdivision 
plat as shown on the records of the county register of   deeds   before   the 
effective date of these rules, or a lot or parcel described  by   metes   and 
bounds which has been recorded as required by law.
  (n) "Natural river district" means  the  Boardman   river   natural   river 
district as described in R 281.253(1).
  (o) "Ordinary high-water mark" means the line  between   the   upland   and 
bottomland which persists through successive changes in   water   level   and 
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.
  (p) "Reforestation" means the renewal of vegetative   cover   by   seeding, 
planting, or transplanting.
  (q) "River's edge" means the ordinary high-water mark  as   used   in   Act 
No. 346 of the Public Acts of 1972, being S281.951 et seq.  of  the  Michigan 
Compiled Laws, and as defined in subdivision (o) of this rule.
  (r) "Setback" means the horizontal distance between  any   portion   of   a 
structure and the river's edge, measured at the structure's closest  point to 
the river's edge.
  (s) "Single-family dwelling"  means  a  detached   building,   or   portion 
thereof, which is used exclusively  for  residential   purposes,   which   is 
designed for, or occupied exclusively by, 1  family,   and   which   contains 
housekeeping facilities.
  (t) "Soil erosion and sedimentation control   enforcement   agency"   means 
the local  agency  that  is  appointed  by   the   appropriate   governmental 
subdivision to enforce the provisions of Act No. 347 of the  Public  Acts  of 
1972, as amended, being S282.101 et seq. of the Michigan Compiled Laws.
  (u) "Structure" means anything that is constructed, erected, or moved to or 
from any premise which is located   above,   on,   or   below   the   ground, 
including, but not limited to, roads, signs, billboards, and mobile homes.
Temporary recreational facilities, including, but not  limited   to,   tents, 
camper trailers, and recreation vehicles  are   not   considered   structures 
when used less than 30 days per year and located landward  of   the   natural 
vegetation strip.
  (v) "Zoning administrator" means the administrator of these  rules  who  is 
appointed by the natural resources commission.
  (w) "Zoning permit" means a standard form which is issued  by  the   zoning 
administrator upon a determination that the proposed use of  land   and   the 
proposed  construction  of  buildings  and  structures   thereon    are    in 
compliance with all provisions of these rules.
  (x) "Zoning review board" means a group of not less than 5 nor more than  9 
people which includes not  less  than   3   local   representatives   and   1 
department of natural resources representative and which  is   appointed   by 
the commission to act upon requests for special exceptions.

  History:  1981 AACS.


R  281.252   Purpose.
  Rule 2. The commission, on its own motion, in  order   to   implement   the 
intent of Act No. 231 of the  Public  Acts  of  1970,   being   S281.761   et 
seq. of the Michigan Compiled Laws, and in the absence of  local  zoning   to 
protect the Boardman river, a designated natural  river,  promulgates   these 
zoning rules whose purposes are as follows:
  (a) To promote the  public  health,  safety,  and   general   welfare,   to 
prevent economic and ecological damage 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 condition, fish  and  wildlife   resources, 
water  quality,  scenic  and  aesthetic  qualities,   and   historical    and 
recreational values of the Boardman river and adjoining land.
  (c) To prevent flood damage due to interference  with  natural   floodplain 
characteristics by excluding developments which are   vulnerable   to   flood 
damage and which may reduce the capacity of the floodway of  the   river   to 
withstand flooding conditions.
  (d) To provide for residential and other compatible,  permitted  uses  that 
complement the natural characteristics of the natural river system.
  (e) To protect individuals from investing funds  in   structures   proposed 
for location on lands  unsuited  for  such  development   because   of   high 
groundwater, erosion, or vulnerability to flood damage.

  History:  1981 AACS.


R  281.253   Boundaries; rules of  construction;  display  and  filing  of
  zoning map; effect of zoning rules.
  Rule 3. (1) The boundaries of the Boardman river  natural  river   district 
shall be as described in these rules and  as  depicted   on   the   certified 
Boardman river natural river zoning map. The Boardman  river  natural   river 
district comprises an area which is described as follows:
  (a) Mainstream of Boardman river above Brown bridge dam to Forks.
  (b) Mainstream of Boardman  river  from  the  north   boundary   of   Grand 
Traverse county property in section 27, T27N, R11W,  Garfield   township   to 
Brown bridge dam, section 15, T26N, R10W, East Bay township.
  (c) North branch from Forks to U.S. 131 in Kalkaska county.
  (d) South branch from Forks to U.S. 131 in Kalkaska county.
  (e) Beitner creek to Sawyer road in section 8, and south   to   the   south 
line of section 9, T26N, R11W, Blair township.
  (f) Jackson creek to the south line of section 31,  T26N,  R10W,   Paradise 
township.
  (g) Swainston creek to the west line of section 8,  T25N,  R10W,   Paradise 
township.
  (h) Jackson creek  to  Wood  road,  section  14,   T25N,   R10W,   Paradise 
township.
  (i) East creek to Bancroft and Parker creeks, section   36,   T26N,   R10W, 
Paradise township.
  (j) Parker creek to the east-west centerline of section  31,   T26N,   R9W, 
Union township.
  (k) Bancroft creek to Sparling road, section 7,  T25N,   R9W,   Fife   lake 
township.
  (l) Carpenter creek to county road 660, section  13,   T26N,   R9W,   Union 
township.
  (m) Twenty-two creek to the east line of section 27,   T26N,   R9W,   Union 
township.
  (n) Taylor creek to U.S. 131, section 15, T26N, R9W, Boardman  township.
  (o) Crofton creek to U.S. 131, section 2, T26N, R8W, Boardman  township.
  (p) Failing creek to U.S. 131, section 30, T27N, R7W, Kalkaska township.
  (q) The lands lying within 400  feet  of  the  river's   edge   which   are 
enumerated in subdivisions (a) to (p) of this subrule.
  (2) Certified copies of the Boardman  river  natural   river   zoning   map 
shall be filed with the local tax assessing officers and   with   the   state 
tax commission, and additional display copies shall be  provided   to   local 
officials in the Boardman river area, including all of the following:
  (a) County register of deeds.
  (b) Zoning administrator of these rules.
  (c) Local planning, zoning, and health officials.
  (d) Township and county clerks.
  (e) Local building inspector.
  (f) Local soil erosion and sedimentation control  enforcement  agencies.
  (g) The soil conservation service.
  (h) Boardman river advisory council.
  (3) These zoning rules do not repeal, abrogate, or  impair   any   existing 
easements, covenants, or deed restrictions applicable to  lands  within   the 
natural  river  district,  except  that  if  these   rules   impose   greater 
restrictions than those found on such easements, covenants,  or  deeds,   the 
provisions of these rules shall prevail.
  (4) These zoning  rules  do  not  permit  actions   prohibited   by   other 
statutes  or  ordinances,  including  any  zoning   ordinances,   which   are 
applicable to the natural river district. Therefore, all  of  the   following 
provisions apply:
  (a) All earth-changing activities,  other  than   normal   landscaping   or 
maintenance, that are undertaken within 500 feet of a lake  or   stream   are 
subject to the provisions of Act No. 347 of the Public Acts   of   1972,   as 
amended, being S282.101 et seq. of the Michigan Compiled Laws.
  (b) All  dredge  and  fill  activities  and   construction   of   permanent 
structures lying below the ordinary high-water mark  are   subject   to   the 
provisions of Act No. 346 of the Public Acts of 1972,   being   S281.951   et 
seq. of the Michigan Compiled Laws.
  (c) All development and land uses in the Boardman   river   natural   river 
district are  subject  to  the  provisions  of   appropriate   local   zoning 
ordinances, health codes, and building codes,  including   requirements   for 
permits and approvals.
  (5) If uncertainty exists with respect to the   boundaries   indicated   on 
the Boardman river natural river zoning map, all of   the   following   rules 
shall apply:
  (a) Boundaries that are indicated as approximately  following  streets   or 
highways shall be construed to be the  center  lines  of   the   streets   or 
highways.
  (b) Boundaries that are indicated as approximately  following   lot   lines 
shall be construed as following such lot lines.
  (c) Boundaries that  are  indicated  as   approximately   following   city, 
township, or county boundary lines shall be construed   as   following   such 
city, township, or county boundary lines.
  (d) Boundaries that are indicated as   approximately   following   railroad 
lines shall be construed to be midway between the main tracks.
  (e) Boundaries that are  indicated  as  approximately   parallel   to   the 
center lines of streets or highways shall be construed  as   being   parallel 
thereto and at such  distance  therefrom  as  indicated   on   the   official 
Boardman river natural river zoning map. If  no  distance   is   given,   the 
dimension shall be determined by  the  use  of  the  scale   shown   on   the 
official Boardman river natural river zoning map.
  (f) Boundaries that follow the shoreline or a river,   stream,   lake,   or 
other body of water shall be construed to follow such   shoreline   and,   in 
the event of change in the shoreline, shall be construed   as   moving   with 
the actual shoreline.  Boundaries  that  are   indicated   as   approximately 
following the thread of streams, canals, or other bodies of  water  shall  be 
construed to follow such threads.

  History:  1981 AACS.


R  281.254   Zoning permits; application; additional requirements.
  Rule  4.  (1)  A  person  shall  not   commence    excavation,    erection, 
alteration, or repair of a building or structure, or commence  a  land   use, 
until a zoning permit has been obtained from the  zoning  administrator.   If 
the alterations or ordinary maintenance made on a dwelling  does  not  change 
the character of the structure or land use, and if the total  cost  does  not 
exceed 5% of the market value of the structure in any  12-month  period,  the 
owner of the structure or land is exempt from obtaining  a   zoning   permit, 
but may be required to obtain a local building permit  from  the  appropriate 
local building inspector.
  (2) A written application for a zoning permit shall be   filed   with   the 
zoning administrator. All of the following information  shall  be   submitted 
with an application for a zoning permit:
  (a) Two copies of a site plan which gives accurate dimensions on  either  a 
scale drawing or a rough sketch and which  contain  all  of   the   following 
information:
  (i) The location on the lot of all existing and proposed structures.
  (ii) The existing or intended use of the structure.
  (iii) The generalized vegetative cover.
  (iv) The lines and dimensions of the lot to be used.
  (b) Evidence of ownership of  all  property  that  is   affected   by   the 
coverage of the permit.
  (c) Evidence that all required  federal,  state,   county,   and   township 
licenses or permits have been acquired, or  that   applications   have   been 
filed for the required licenses and permits.
  (d) Other information as required by the zoning  administrator,  which   is 
necessary to carry out the intent and provisions of these rules.
  (3) One copy of both the plans and the specifications shall  be  filed  and 
retained by  the  zoning  administrator,  and  the  other   copy   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, before beginning construction or  commencing  a 
land use, the applicant shall display the permit required by these rules face 
out in a conspicuous place facing the nearest street or  roadway   and  shall 
display it continuously until the purpose for which the  permit   was  issued 
is completed. Failure to obtain and display a permit is a violation of  these 
rules.
  (4) Within 30 days of receipt of a  completed   application,   the   zoning 
administrator shall render a decision to issue or  deny  a   permit.   If   a 
permit is denied, notice of the denial, together with the  reasons  for   the 
denial, shall be sent to the applicant.
  (5) Zoning permits are valid for 1 year and are   not   transferable.   All 
buildings shall be completed within 1 year from the date   of   issuance   of 
the zoning permit. However, 1 extension may be authorized   by   the   zoning 
administrator, in writing, for a period of time not to  exceed  6  months.
Any subsequent extensions shall have the written approval   of   the   zoning 
review board.

  History:  1981 AACS.


R  281.255   Subdivision of land; plats with preliminary approval.
  Rule 5. (1) A lot that exists on the effective date  of   this   rule,   or 
amendment thereto, shall not be subdivided or reduced in  dimension  or  area 
below the minimum requirements of these rules. Lots that  are  created  after 
the effective date of this rule shall meet  the   minimum   requirements   of 
these rules, except as provided in subrule (2) of this rule.
  (2) Proposed lots that have preliminary plat approval   pursuant   to   Act 
No. 288 of the Public Acts of 1967, as amended, being S560.101  et   seq.  of 
the Michigan  Compiled  Laws,  but  which  do  not   meet   the   dimensional 
requirements of these rules on the effective date  shall,   on   final   plat 
approval, be issued a permit  subject  to  the  requirements  provided  in  R 
281.259.

  History:  1981 AACS.


R  281.256   Permitted uses.
  Rule 6. (1) The following uses are  permitted  by  the   owner   upon   the 
owner's property  within  the  natural  river  district,   subject   to   the 
limitations  and  requirements  outlined  in  these   zoning   rules,   local 
ordinances, and other applicable statutes:
  (a) Private camping and  other  recreational  activities   which   do   not 
require the installation of permanent structures and which  are  outside   of 
the natural vegetation strip.
  (b) The operation of watercraft, subject to  the   limitations   of   local 
ordinances established under the authority of Act No. 303   of   the   Public 
Acts of 1967, as amended, being S281.1001 et seq. of  the  Michigan  Compiled 
Laws.
  (c) Fishing and hunting in compliance with existing laws and rules.
  (d)  Reforestation  and  other  accepted   forest   management   practices, 
subject to the limitations outlined in R 281.257.
  (e)  Normal  agricultural  activities,  if  the   activities    meet    the 
requirements of these rules, and if the bureau of environmental protection of 
the department of natural resources determines that such activities   do  not 
contribute to stream degradation.
  (f) The operation of licensed motor vehicles on dedicated  public  roads or 
access roads to private single-family dwellings.
  (g) Off-road operation  of  emergency  and   public   utility   maintenance 
vehicles.
  (h) Private footpaths that are constructed by the  landowner   of   natural 
materials to facilitate permitted uses.
  (2) The following uses are permitted upon prior approval  of   the   zoning 
administrator:
  (a) One single-family dwelling and appurtenances on a lot  not  less   than 
200  front-feet  wide  and  200  feet  deep,  subject   to   the    following 
limitations:
  (i) On the  mainstream  portion  of  the  Boardman  river  described  in  R 
281.253(1)(a), new buildings and appurtenances shall be required to  set back 
not less than 150 feet from the river's edge.
  (ii) On the mainstream portion of the Boardman river  and  all  tributaries 
described in R 281.253(1)(b) to (p), new buildings and appurtenances shall be 
required to set back not less than 100 feet from the river's edge.
  (iii) New structures shall be set back not less than 50   feet   from   the 
top of the bluff on the cutting edges of the river and  tributaries,  or   25 
feet from the top of the bluff on the noncutting edge of the stream.
  (iv) Set back shall be not less than 15 feet from side lot  lines  and  not 
less than 25 feet from the right-of-way of a public road.
  (v) New structures shall not be located  on  land  that   is   subject   to 
flooding.
  (b) Plats, if the minimum setbacks and lot width requirements  specified in 
subdivision (a) on this subrule are met.
  (c) Private boat docks that are not more than 10 feet   in   length,   with 
none of  the  dock  extending  over  the  water,  if   they   are   designed, 
constructed, and maintained with indigenous natural materials,   and   if   a 
permit is issued under the authority of Act No. 346 of the  Public  Acts   of 
1972, being S281.951 et seq. of the Michigan Compiled Laws.
  (d) Mining and extracting industries which are  located   more   than   300 
feet from the ordinary  high-water  mark,  if  they   are   constructed   and 
operated pursuant to applicable local ordinances and state laws and rules.
  (e) Utility lines to service private single-family dwellings.
  (f) Utility transmission lines on lands or interests   in   real   property 
which are continuously owned by a utility from January 1,  1971,  subject  to 
review and approval by the commission.
  (g) Disposal fields and septic tanks which are located not  less  than  100 
feet from the ordinary high-water mark or on lands that are  not  subject  to 
flooding, whichever distance is greater, and which are  in  conformance  with 
local county health codes and these rules. In addition, a  septic   tank   or 
absorption field shall not be closer  than  50  feet  to   any   surface   or 
subsurface drainage  system  emptying  into  the  Boardman   river   or   its 
designated tributaries.
  (h) Land alteration, such as grading, dredging and filling  of   the   land 
surface, unless the high-groundwater table is within 6 feet   of   the   land 
surface, if the activities meet all of the provisions of  Act   No.  347   of 
the Public Acts of  1972,  as  amended,  being  S282.101  et   seq.  of   the 
Michigan Compiled Laws, and Act No. 346 of the Public Acts  of  1972,   being 
S281.951 et seq. of the Michigan Compiled Laws, and if approval is granted by 
the local soil erosion and sedimentation control enforcement agency  and  the 
department of natural resources.
  (i) Signs  and  outdoor  advertising  devices  shall  meet   all   of   the 
following requirements:
  (i) They shall be related to permitted uses.
  (ii) They shall not be more than 1 square foot in  area   for   residential 
uses and not more than 4 square feet in area for any other uses.
  (iii) They shall not be illuminated by a neon light or flashing  device.
  (iv) They shall not be attached to a tree or shrub.
  (j) Other uses for which an applicant is granted a permit  by  the   zoning 
administrator pursuant to R 281.258, R 281.259, and R 281.261.

  History:  1981 AACS.


R  281.257   Natural vegetation strip.
  Rule 7. On that portion of the mainstream described in  R 281.253(1)(a),  a 
75-foot minimum restrictive cutting belt shall  be  maintained  on  each side 
of the stream and  on  the  portion  of  the   mainstream   and   tributaries 
described in R 281.253(1)(b) to (p), a 50-foot  minimum  restrictive  cutting 
belt shall be maintained on each side of the stream. Trees and shrubs  may be 
pruned for a filtered view of the  river  upon   approval   of   the   zoning 
administrator or the area forester,  but  clear  cutting   in   the   natural 
vegetation strip is prohibited.  The  natural  vegetation   strip   is   also 
subject to both of the following provisions:
  (a) Dead, diseased, unsafe, or  fallen  trees  and   noxious   plants   and 
shrubs, including poison  ivy,  poison  sumac,  and  poison   oak,   may   be 
removed.
  (b) Selective removal or trimming of trees for  timber   harvest,   access, 
woodlot improvement, landscaping,  or  public  utility   lines   to   service 
private single-family dwellings is permitted upon  approval   of   the   area 
forester or zoning administrator.

  History:  1981 AACS.


R  281.258   Special exception permits.
  Rule 8. (1) Special exception permits may be granted to allow  a   use   in 
the  natural  river  district  which  is  not  specifically  permitted  by  R 
281.256, if implementation of that use does not contravene the   purposes  of 
these rules as specified in R 281.252.
  (2) Application for a special exception permit shall be made  on   a   form 
provided by the zoning administrator.
  (3) Upon reviewing an application for a special   exception   permit,   the 
zoning review board, at any time  before  rendering   a   decision   thereon, 
shall require the applicant to furnish all of   the   following   information 
which  the  zoning  review  board  deems  necessary   for   determining   the 
suitability of the particular site for the proposed use:
  (a) A detailed description of the proposed activity or use.
  (b) A surface view plan which gives  accurate  dimensions   on   either   a 
scale drawing or a rough sketch and which shows all of the following:
  (i) Elevations or contours  of  the  ground,   including   existing   earth 
fills.
  (ii) Generalized vegetative cover.
  (iii) Size, location,  and  spatial  arrangement  of   all   proposed   and 
existing structures on the site.
  (iv) Location and elevation of streets, access roads,  and   water   supply 
and sanitary facilities.
  (c) Photographs that show existing land uses and  vegetation  upstream  and 
downstream from the proposed use.
  (d)  Valley  cross  sections  that  show  the   natural   stream   channel; 
streambanks; high-water marks; flood marks, if  known;   and   locations   of 
proposed developments.
  (e) All other  information  which  is  deemed  relevant   by   the   zoning 
administrator  and  which  is  necessary  to  carry  out   the   intent   and 
provisions of these rules.
  (4) Before considering applications, the zoning review  board  shall   give 
notice, by certified mail, to all of the following:
  (a) Property owners whose property is within 500 feet   of   the   proposed 
use as shown on the current tax assessment rolls.
  (b) The appropriate local officials and department  of  natural   resources 
personnel, including all of the following:
  (i) The township supervisor.
  (ii) The township building inspector.
  (iii) The county health officer.
  (iv) The  local  soil  erosion  and   sedimentation   control   enforcement 
agency.
  (v) County and township planning and zoning officials.
  (vi) The soil conservation service.
  (vii) The regional office and natural rivers section of  the  department of 
natural resources.
  (viii) Boardman river advisory council.
  (c) Any other interested parties who request that they   be   notified   of 
such applications in the natural river district.
  (5) In reviewing an application, the zoning review  board  shall   consider 
all of the following:
  (a) All relevant factors specified in these rules in light  of  the  spirit 
and intent of the purposes specified in R 281.252.
  (b) 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,  together  with  a  description   of   the   title 
history, shall be included in the hearing evidence.
  (c) Increases in flood levels and flood damage that may  be  occasioned  by 
the proposed use at the site and upstream and downstream   from   the   site, 
water quality consequences, and other relevant factors within  the  terms  of 
these rules.
  (d) The cumulative effect upon  the  natural  river   district   from   the 
potential development of holdings in  a  legal  position   similar   to   the 
applicant's, if the applicant's request is approved by  the   zoning   review 
board.
  (e) Reasonable alternatives that are available to the applicant.
  (6) In weighing the applicant's request, consideration  of  public  health, 
safety, and welfare shall prevail unless private injury  is   proved   by   a 
preponderance of the evidence, to be so great as to   override   the   public 
interest.
  (7) A requested use shall not be granted  if  the   zoning   review   board 
determines that the requested use poses a substantial hazard to  life  or  to 
public or private property rights.
  (8) The zoning review board may  require  public  hearings   to   be   held 
regarding the application. The zoning review  board  shall   decide   on   an 
application within 30 days  after  its  receipt,  except   that   if   public 
hearings are held or if additional information  is   required   pursuant   to 
subrule (3) of this rule, the zoning review board shall  render  a   decision 
within 30 days  following  the  hearings  or  upon  receipt   of   the   last 
requested item of information.
  (9) The zoning review board shall attach such conditions to the granting of 
a special exception permit as are necessary to further the purposes  of these 
rules.
  (10) A special exception use shall adhere strictly to the  terms   of   the 
special exception permit. A special exception permit that  does  not   adhere 
strictly to the  terms  of  the  permit  may  be  revoked   by   the   zoning 
administrator.

  History:  1981 AACS.


R  281.259   Substandard lots of record.
  Rule 9. (1) The zoning administrator, in compliance with   the   terms   of 
this subrule, shall grant a permit if, because of either  of  the   following 
circumstances, a proposed structure cannot be erected on a lot  of  record or 
a lot described in a deed   or   land   contract   executed   and   delivered 
before the effective date of this rule:
  (a) The lot is of insufficient width, depth, or area.
  (b) Physical limitations exist on an existing lot or parcel.
  (2) The zoning  administrator  shall  ensure  that   all   structures   are 
located to best meet the objectives  and  purposes  of   these   rules,   the 
adopted Boardman river natural river plan, and Act No. 231  of   the   Public 
Acts of 1970, being S281.761 et seq. of the Michigan Compiled Laws.
  (3) The zoning administrator shall determine if a proposed structure  on  a 
lot of record or on a lot described in a deed or land contract  executed  and 
delivered before the effective date of these rules cannot   conform   to  the 
standards listed in  R  281.256(2)(a)  and  is,  therefore,  ineligible   for 
consideration for use under R 281.256.
  (4) A written application for a zoning permit on a lot of  record  shall be 
filed with the zoning administrator. The same  information   required   in  R 
281.254(2) shall be submitted with an application.
  (5) The zoning administrator shall grant a zoning permit for the use  of  a 
substandard lot of record only upon a showing of all of  the  following:
  (a) Granting the permit is not contrary to the public interest.
  (b) The permit does not allow the establishment of a  use   not   otherwise 
permitted by these rules.
  (c) The permit applies only to the property under  the   control   of   the 
applicant.
  (d) The practical difficulties claimed by  the  applicant   are   not   the 
result of actions taken by the applicant.
  (e) Granting the permit poses no substantial hazard to life or to public or 
private property rights,  secures  public  safety,   and   does   substantial 
justice.
  (f) Granting the permit will not result in an increase of  flood  levels or 
risk of flood damage to other lands.
  (g) The lot  shall  be  developed  pursuant  to   department   of   natural 
resources requirements under Act No. 245 of the Public Acts   of   1929,   as 
amended, being S323.1 et seq. of the Michigan Compiled Laws.
  (h) Use of the lot will not significantly impair  existing  water  quality, 
vegetative cover, fisheries, or wildlife habitat or increase  the   risk   of 
erosion.
  (i) The substandard lot size shall be the  minimum  dimensional   reduction 
necessary to achieve a reasonable use of the  land,   after   evaluation   of 
alternative dimensional arrangements and permitted land  uses  available   to 
the  applicant,  given  the  peculiar  characteristics  of   the   lot    and 
circumstances surrounding the request. Alternatives shall  be   examined   in 
light of the applicant's entire  contiguous  holdings  and   not   merely   a 
single lot or the portion within the natural river   area.   If   dimensional 
requirements may be more nearly met through lot  combination  of   contiguous 
holdings, the zoning administrator may so require.
  (j) The permit provides that no fill shall be placed  within  the   natural 
vegetation strip and that the approval of both the  appropriate   county   or 
district health department and the soil erosion  and  sedimentation   control 
enforcement agency shall be secured.
  (k)  The  permit  provides  conditions  necessary    to    insure    proper 
development of the substandard lot pursuant to these rules.
  (6) A special exception permit is required if a  dimensional  reduction  of 
more than 50% of  any  of  the  standards  listed  in   R  281.256(2)(a)   is 
necessary to achieve reasonable use of the land. The  zoning   review   board 
shall base its decision upon the standards set forth in R 281.258(5).
  (7) The zoning administrator may confer with, and seek   the   advice   of, 
the zoning review board, personnel of the Michigan  department   of   natural 
resources, and other federal, state, and local officials  to  determine   the 
possible effects of, and a suitable location for, a proposed structure.
  (8) One copy of the plans, specifications, and the  zoning   permit,   with 
conditions  attached,  shall  be  filed  and  retained    by    the    zoning 
administrator, and  another  copy  of  each  shall  be   delivered   to   the 
applicant when the zoning  administrator  has   approved   the   application, 
completed the site inspection, and issued a zoning permit.
  (9) The applicant may appeal any decision of the  zoning  administrator  or 
any conditions attached to a zoning permit to the zoning review board.

  History:  1981 AACS.


R  281.260   Nonconforming uses.
  Rule 10. (1) The lawful  use  of  any  land  or  structure   that   is   in 
existence on the effective date of  these  rules  may   be   continued   even 
though the use does not conform to these rules.
  (2) Routine or normal repairs and maintenance work required   to   keep   a 
nonconforming structure  or  other  use,  such  as  a   roadway,   in   sound 
condition are permitted. Remodeling of nonconforming  structures  within  the 
confines of the existing foundation and elevations  is   permitted   if   the 
structure is neither enlarged nor extended nor its use changed.
  (3) A special exception permit is required  for  the   restoration   of   a 
nonconforming building or structure which is damaged or  destroyed  by   more 
than 50% of its value due to flood, fire, or other  means.   In   determining 
whether 50% of the value has been destroyed, the zoning  review  board  shall 
use appraised replacement costs, as determined by  a   qualified   individual 
appointed by the zoning review board, and shall compare the  value   of   the 
part destroyed to the value of the total operating unit   where   there   are 
several buildings or structures which are used together by  the  landowner as 
a  single  operating  unit.  A  request   for   a   permit   to   restore   a 
nonconforming building or structure damaged or destroyed by more than  50% of 
its value shall be approved if all of the following  conditions  exist:
  (a) The land on which the building  or  structure  is   situated   is   not 
subject to flooding.
  (b) The continued use of a nonconforming building or  structure  will   not 
lead to accelerated bank erosion or  other  material   degradation   of   the 
river resource, and the use of the building or structure   is   approved   by 
the local soil erosion and sedimentation control enforcement agency.
  (c) The continued use conforms with local county  health   codes   and   is 
approved by the local county health department.
  (d) The continued use conforms with local building codes and is approved by 
the local building inspector.
  (e) Restoration of a damaged building or structure, if  approved   by   the 
zoning review board, shall be started within  1  year  from   the   time   of 
damage.
  (4) A nonconforming use may be changed to a use of  a   like   or   similar 
character if the new use more closely conforms to the rules  of  the  natural 
river district.
  (5) A nonconforming use of any land or structure shall not  be  enlarged or 
extended without a special exception permit granted  upon   consideration  of 
the factors outlined in subrule (3)  of  this   rule.   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   which 
provides overnight facilities and which does not exceed 12   units   may   be 
approved by the zoning review board if 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 if the zoning review board determines  that  all   of 
the following conditions exist:
  (a) The land on which the nonconforming use is situated is  not  subject to 
flooding.
  (b) The enlargement or extension of the nonconforming use does not  lead to 
accelerated bank erosion or  other  material   degradation   of   the   river 
resource, and the enlargement or extension is approved by  the   local   soil 
erosion and sedimentation control enforcement agency.
  (c) The enlargement or extended use conforms with   local   county   health 
codes and is approved by the local county health department.
  (d) The enlarged or extended use conforms with local building codes  and is 
approved by the local building inspector.
  (e) The enlarged or extended use does not  contravene   the   purposes   of 
these rules as specified in R 281.252.
  (6) The substitution of a nonconforming use  with   another   nonconforming 
use may be made if a special  exception  permit  is   granted,   based   upon 
consideration of the factors outlined in subrule  (5)  of   this   rule,   to 
ensure that the changed  use  conforms  as  closely  as   possible   to   the 
purposes of these rules as specified in R 281.252.
  (7) If a nonconforming use is discontinued for   12   consecutive   months, 
any future use at that site shall conform to these rules.
  (8) A property owner may request the zoning review board  to  certify   the 
existence  of  a  prior  nonconforming  use  on  the   owner's   property.
Certification of a prior nonconforming use shall be  granted   if   the   use 
meets  the  criteria  of  this  rule  and  the  common   law   criteria    of 
nonconforming uses of this state.

  History:  1981 AACS.


R  281.261   Appeals; contested cases.
  Rule 11. An aggrieved party  who  contests  a  decision   of   the   zoning 
administrator or zoning review board shall  be  granted  a   hearing   if   a 
petition is filed with  the  director  within  60  days   after   notice   of 
disapproval is received. The hearing shall be conducted   pursuant   to   the 
provisions for contested cases of Act No. 306 of the Public Acts of  1969, as 
amended, being S24.201 et  seq. of  the  Michigan   Compiled   Laws,   and  R 
299.3071 to R 299.3081.

  History:  1981 AACS.


R  281.262   Zoning administrator and zoning  review  board;  appointment;
  and duties.
  Rule 12. The commission shall  appoint  a  zoning   administrator   and   a 
zoning review board to act as its  agents  to  enforce   these   rules.   The 
duties of the zoning review board and zoning   administrator   include,   but 
are not limited to, all of the following:
  (a) Receiving and processing applications for   zoning   permits,   special 
exception  permits,  petitions  for   appeals,    requests    for    changes, 
amendments, and supplements.
  (b) Inspecting sites.
  (c) Issuing or denying zoning permits as outlined in these rules.
  (d) Assisting with other matters requiring a decision by the commission.

  History:  1981 AACS.


R  281.263   Violations.
  Rule 13. (1) An alleged violation shall be inspected by the  staff  of  the 
department of natural resources. If a violation is  found,   the   department 
shall order the applicant, in writing, to correct all conditions found  to be 
in violation of these rules.
  (2) The owner of a building, structure, or  land   which   violates   these 
rules is subject to the provisions of section 13 of  Act  No.  231   of   the 
Public Acts of 1970, being S281.773 of the Michigan Compiled Laws.

  History:  1981 AACS.


R  281.264   Boundaries  and  permitted  uses;  changes,  amendments,  and
  supplements.
  Rule  14.  (1)  The  commission  may  make   changes,    amendments,    and 
supplements to boundaries and to permitted uses requested by a local  unit of 
government  or  by  a   landowner,   if   implementation   of   the   change, 
amendment, or supplement does not contravene the purposes of  these  rules as 
specified in R 281.252.
  (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 pursuant to sections 71 to 87 of Act No. 306 of the  Public Acts 
of 1969, as   amended,   being   SS24.271   to   24.287   of   the   Michigan 
Compiled Laws.
  (3) Copies  of  any  changes,  supplements  to   boundaries,   or   adopted 
amendments shall be sent to all of the following:
  (a) The county register of deeds.
  (b) The zoning administrator of these rules.
  (c) Local planning, zoning, and health officials.
  (d) Township and county clerks.
  (e) The local building inspector.
  (f) Local soil erosion and sedimentation control  enforcement  agencies.
  (g) The soil conservation service.
  (h)  Public  utility  companies  which  provide   service   to   riverfront 
property owners affected by these rules.
  (i) Boardman river advisory council.
  (4) Upon approval by the director, a local zoning  ordinance  which   meets 
all of the requirements of Act No. 231 of the Public Acts  of   1970,   being 
S281.761 et seq. of the Michigan Compiled Laws, Act No. 184  of  the   Public 
Acts of 1943, as amended, being S125.271 et seq. of  the  Michigan   Compiled 
Laws, or Act No. 183 of  the  Public  Acts  of  1943,   as   amended,   being 
S125.201 et seq. of the Michigan Compiled Laws,  whichever   is   applicable, 
shall take precedence over these rules. If the director  withdraws   his   or 
her approval of a local  zoning  ordinance,  or  if   the   local   ordinance 
becomes inapplicable to the land area encompassed by   the   Boardman   river 
natural river district through court action or for any  other  reasons  these 
rules shall apply.

  History:  1981 AACS.