DEPARTMENT OF ENVIRONMENTAL  QUALITY                  

                   LAND AND WATER MANAGEMENT DIVISION                     

                       INLAND LAKES AND STREAMS


(By authority  conferred  on  the  department  of  environmental  quality  by 
sections 30103, 30105, and 30110 of Act No. 451 of the Public Acts  of  1994, 
as amended, being '' 324.30103, 324.30105,  and  324.30110  of  the  Michigan 
Compiled Laws)



R 281.811    Definitions.
  Rule 1. (1) As used in these rules:
  (a)  "Act" means Act No. 451 of the Public Acts of 1994, as amended,  being 
S324.101 et seq. of the Michigan Compiled Laws.
  (b) "Applicant" means a person applying for a permit under the act.
  (c) "Bottomland dredging" means dredging of channels  and  canals  and  the 
removal of any rock, stone, soil, or other material from bottomlands.
  (d) "Bottomland filling" means the placement of rock, stone, soil, or other 
material on bottomlands.
  (e) "Enlarge or diminish an inland lake or stream" means  the  dredging  or 
filling of bottomlands, or the dredging of adjacent shorelands,  to  increase 
or decrease a body of  water's  surface  area  or  storage  capacity  or  the 
placement of fill or structures, or the manipulation, operation,  or  removal 
of fill or structures, to increase  or  decrease  water  levels  in  a  lake, 
stream, or impoundment.
  (f) "Placement of structures on bottomlands" does not mean the installation 
of clear span overhead utility wires if they do not restrict  navigation  for 
watercraft that typically ply the waterway  and  if  they  provide  equal  or 
greater clearance than other permanent overhead restrictions in the immediate 
area  or  utility  lines  installed  as  an  integral  part   of   a   bridge 
superstructure and above the elevation of  the  low  beam  or  utility  lines 
immediately above the top of a culvert.
  (g) "Public trust" means all of the following:
  (i) The paramount right of the public to navigate and fish  in  all  inland 
lakes and streams that are navigable.
  (ii) The perpetual duty of the state to preserve and protect  the  public's 
right to navigate and fish in all inland lakes and streams that are navigable.
  (iii) The paramount concern of the public and the protection  of  the  air, 
water,  and  other  natural  resources  of  this  state  against   pollution, 
impairment, and destruction.
  (iv) The duty of the state to protect the air,  water,  and  other  natural 
resources of this state against pollution, impairment, or destruction.
  (h) "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 watermark 
or shoreline contour.
  (2)  "Riparian rights," as  defined  in  the  act,  means  all  the  rights 
accruing to the owners of riparian property, including the following  rights, 
subject to the public trust:
  (a)  Access to the navigable waters.
  (b)  Dockage to boatable waters, known as wharfage.
  (c)  Use of water for general purposes, such as bathing and domestic use.
  (d)  Title to natural accretions.
  (3)  Terms defined in the act have the same meanings  when  used  in  these 
rules.

  History:  1979 AC; 1982 AACS; 1985 AACS; 1998-2000 AACS.


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   describing   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.
  (8) An application to construct a new marina or   expand   the   watercraft 
handling capacity of an existing marina shall include  documentation  as   to 
how the facility will provide watercraft  sanitary   holding   tank   pumpout 
services as required under section 5 of Act No. 167 of the  Public  Acts   of 
1970, as amended, being S323.335 et seq. of the Michigan Compiled Laws.

  History:  1979 AC; 1982 AC; 1985 AACS.


R 281.813    Permit conditions.
  Rule 3. (1) A permit shall provide that the work authorized in  the  permit 
shall be completed within a specified term, normally not  more  than  1  year 
from the date of issuance, or as otherwise determined by the department.  For 
long- term projects, the department may authorize a permit for up to 5 years.
The department may grant an extension of  time.   The  department  shall  not 
require an administrative fee for processing requests  for  an  extension  of 
time.
  (2) The department shall ensure that a permit  that  authorizes  a  project 
which  involves  a  lake  or  stream  crossing  by  pipelines  or   utilities 
specifically conditions the activity to be subject to  the  requirements  and 
specifications of R 281.832.
  (3) A permit does not obviate the necessity of receiving approval from  the 
Drinking Water and Radiological Protection Division of the  department  or  a 
local  unit  of  government  when  applicable,  including  a  local  unit  of 
government responsible for administering parts 91 and 323 of the act 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  section 
30105(1) of the act.
  (5) Upon request, the department shall provide any person with a copy of  a 
permit application and supporting documents under Act No. 442 of  the  Public 
Acts of 1976, as amended, being S15.231 et seq. of the Michigan Compiled Laws.
  (6) The  department  may  consider  a  mitigation  plan  submitted  by  the 
applicant and incorporate the mitigation actions as permit conditions for the 
improvement of the existing resources or the creation of a  new  resource  to 
offset resource losses resulting from the proposed project, if acceptable.
  (7) The department may reissue a permit for an expired  permit  without  an 
additional fee if a written request is made within 1 year of  the  expiration 
date of the expired permit.  The department must  find  that  the  basis  for 
issuing the original permit is still valid before reissuing an expired permit.

  History:  1979 AC; 1982 AACS; 1985 AACS; 1998-2000 AACS.


R 281.814    Environmental assessment.
  Rule 4. In each application  for  a  permit,  all  existing  and  potential 
adverse environmental effects shall be determined and  the  department  shall 
not issue a permit unless the department determines both of the following:
 (a) That the adverse impacts to the public trust, riparian rights,  and  the 
environment will be minimal.
 (b) That a feasible and prudent alternative is not available.


  History:  1979 AC; 1998-2000 AACS.


R 281.815  Structure maintenance.
  Rule 5. The following structures  may  be  maintained  in  accordance  with 
section 30103(j) of the act:
  (a) Seawalls, if the repair is only of the seawall facing  or  sheeting  or 
support piling and if the maintenance does not encompass more than 25% of the 
permitted seawall length. Cap maintenance or replacement can be done for 100% 
of permitted seawalls.
  (b) Riprap shore protection structures, if  original  materials  have  been 
displaced by erosion or ice damage and the placement of earthen fill will not 
be required as part of the maintenance and if retrieval of  the  riprap  will 
not cause disruption of adjacent bottomland.
  (c) Noncommercial docks, boat hoists, and pilings.
  (d) Boat ramps if the maintenance does not require dredging.
  (e) Bridges and culverts, if 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,  if  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 earthen embankment-type  structures  where 
the work is above the existing water surface.
  (g) Docks and pilings of a marina that has a current operating permit  from 
the department.
  (h)  Lake   level   control   structures,   if   the   temporary   variance 
(winter-summer) is established by court order or previously permitted by  the 
department as an impoundment operational variation from the  crest  elevation 
if adverse environmental impacts have not occurred.

  History:  1982 AACS; 1985 AACS; 1998-2000 AACS.


R 281.816    Minor project categories.
  Rule 6. (1) Upon receipt of an application for a  permit  for  any  of  the 
following minor projects, the department may  act  upon  the  application  as 
provided in section 30105(6) of the act:
  (a) Noncommercial piers, docks, and  boat  hoists  that  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 
and will not unreasonably interfere with the navigability or  boatability  of 
the water involved.
  (ii) Free littoral flow of water and drift material is provided for.
  (iii) Clean, nonpolluting materials will be used for the construction.
  (iv) The structure is a single pier or dock appurtenant to the  applicant's 
upland or is an added boat hoist, minor pier, or extension  to  the  existing 
boat hoist, pier, or dock.
  (b) Spring piles and pile clusters that meet all of  the  following  design 
and purpose 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 that 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 300 feet in length and is  located  in 
an area on the body of water where other similar structures already exist.
However, the department shall provide written notification to  the  adjoining 
riparian property owners for structures more than 200  feet  in  length.  The 
department shall not complete action upon applications  for  such  structures 
that are more than 200 feet in length for a period of 7 days from the mailing 
of the notification to allow adjoining riparian  owners  the  opportunity  to 
comment.
  (iv)  The  placement  of  backfill  or  other  fill  associated  with   the 
construction does not exceed an average of 2 cubic  yards  per  running  foot 
along the shoreline and a maximum of 300 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  300  cubic 
yards as a single and complete project that 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 6 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 300 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 that meet all of the following criteria:
  (i) The bridge or culvert structure proposed  is  of  a  type  and  design, 
including certifications, described by 1 of the following:
  (A) A clear span bridge that has the lowest bottom of beam elevation at  or 
above the natural ground elevations on either  bank  and  the  approach  fill 
sloping to natural ground elevations is within 10 feet on either end  of  the 
bridge.
  (B) A culvert which has  an  effective  waterway  opening  that  equals  or 
exceeds the cross-sectional area of the channel,  which  has  fill  over  the 
culvert that is not more than 1.5 feet, and  which  has  approach  fill  that 
slopes to natural ground elevations within 10 feet  of  either  side  of  the 
culvert.
  (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  that  fully 
spans the bottomlands.  The  design  of  the  structure  is  certified  by  a 
registered professional engineer to pass the 100-year flood, as determined by 
the department, without  causing  harmful  interference.   The  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 significant 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 that could be expected to navigate the waters involved.
  (iii) The total volume of  fill  to  be  placed  below  the  ordinary  high 
watermark 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 watermark.
  (v) The structures will be designed and placed to assure that any  increase 
in stream erosion or downcutting is prevented.
  (g) Watercourse crossings by utilities, pipelines, cables, and sewer  lines 
that meet all of the following design criteria:
  (i) A minimum of 30 inches of cover will be maintained between the  top  of 
the cable or pipe and the bed of the 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  waterways  if  the 
proposed activity meets both of the following criteria:
  (i) The artificial watercourse will have a surface  area  of  less  than  5 
acres and have 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 that will not impair flood flows or be eroded into public waters.
  (i) Structural  repair  of  man-made  structures  that  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 adversely affect public trust values or interests, 
including navigation, fish migration, and water quality.
  (iii) Any materials used for repair will be made of nonpolluting materials.
  (j) Fish or wildlife habitat structures that  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 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   or   wildlife 
biologist, or both.
  (k) Scientific structures, such as staff gauges, water monitoring  devices, 
water quality testing devices, survey devices,  and  core  sampling  devices, 
that meet all of the following design and purpose criteria:
  (i) The structures do not impede navigation or create a navigational hazard.
  (ii) The devices are constructed of nonpolluting materials.
  (iii)  The  placement  of  any  scientific  structure   has   the   written 
authorization of the riparian owner.
  (l) Navigational aids that meet either of the following criteria:
  (i) The aids are approved by the United States coast guard.
  (ii) The aids are approved under part 801 of the act.
  (m) Extension of a project under a current permit that will not  result  in 
any damage to natural resources.
  (n) Physical removal of man-made structures or  natural  obstructions  that 
meet all of the following criteria:
  (i) The debris and spoils shall be removed to an upland site  in  a  manner 
that will not impair flood flows or be eroded into public waters.
  (ii) The stream bank or shoreline and bottom contours shall be restored  to 
an acceptable condition.
  (iii) Upon completion of structure removal, the site does not constitute  a 
safety or navigational hazard.
  (iv) Department staff shall consider fisheries and wildlife resource values 
when evaluating applications for natural obstruction removal.
  (o) Lake or impoundment drawdowns or the associated  reflooding,  or  both, 
that meet the following design and purpose criteria:
  (i) The purpose of the drawdown is described by 1 of the following criteria:
  (A) The drawdown is temporary in nature for the purpose  of  inspection  to 
determine the integrity of the impounding structure.
  (B) The drawdown is associated with  the  routine  operations  of  fish  or 
wildlife floodings, ponds, or impoundments where the purpose of the  drawdown 
is the enhancement or production of fish, wildlife, or associated habitat.
  (C) A drawdown authorized by court order under the provisions of  part  307 
of the act if the court has incorporated the department requirements into the 
court  order  or  concurred  in   department   recommendations   to   address 
environmental concerns under part 301 of the act.
  (ii) The potential adverse environmental effects of the drawdown have  been 
determined to be minimal under R 281.814.
  (p) Seismic cables across lakes and streams which are temporary  in  nature 
and which will be clearly identifiable by recreationists normally expected to 
use the body of water.
  (q) Aquatic weed bottomland barriers that do not exceed  1600  square  feet 
singly or in combination and that are installed with an anchoring  system  to 
assure permanent placement.
  (r) Dry fire hydrant installations where the intake line will not interfere 
with navigability of the water involved.
  (s) Storm water outlet  structures  where  the  activities  do  not  exceed 
criteria of the designated minor project criteria for filling or dredging.
  (t) Off line storm water basins constructed for storm water management that 
provide  retention/detention  and  sediment  settling  or  filtration  before 
discharge.
  (u)  Boat  ramps  designed  for  single-family,  private  usage  where  the 
installation will not involve more than 10  cubic  yards  of  dredging,  with 
upland disposal, or filling.
  (v) Aquatic plant removal with mechanical equipment designed to operate  by 
air or water pressure or by raking or rolling actions if the treatment  areas 
are 1600 square feet or less, if the water depth is 4 feet or  less,  and  if 
the uprooted floating debris is removed and disposed of within upland areas.
  (w) Recreational mineral (gold) prospecting by mechanical methods, such  as 
portable (backpack) suction dredges or sluice boxes, if the activity  is  for 
recreational reasons only and if all of the following conditions are met:
  (i) Individual prospecting areas are 300 square feet or less per location.
  (ii) The intake nozzle for suction dredges is 2 inches in diameter or less.
  (iii) Prospecting will not be done before July 1 or after August 31.
  (iv) Stream bank excavation will not occur.
  (v) The stream bottom is predominately gravel.
  (x) Ditch plugs with or without water flow controls if the  purpose  is  to 
reestablish the hydrology  to  previously  drained  areas,  if  all  impacted 
parties acknowledge and provide their  written  authorizations,  and  if  the 
proposed activities do not exceed other minor project criteria.
  (2) The department shall process applications determined not  to  meet  the 
minor project criteria of subrule (1) of this rule in accordance with section 
30105(2) of the act.

  History:  1982 AACS; 1985 AACS.


R 281.817    Minor drainage structures and facilities.
  Rule 7. All of the following structures are minor drainage  structures  and 
facilities that do not require a permit under section 30103(f) of the act:
  (a) Cross road culverts that 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 lake and streams.
  (c) Roadside ditches which serve to convey  storm  water  runoff  from  the 
highway right-of-way and which do not serve as a stream.
  (d) Standard appurtenances, including riprap or other shore protection, for 
storm water runoff facilities, such as manholes, catch basins, headwalls, and 
outlets from off-line water retention/detention systems.


  History:  1982 AACS.


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, T1S, R1W.
  (b) Rogue River basin (Newaygo and Kent counties).
  Point of beginning: At its intersection with the southline  of  section  2, 
T10N, R12W, Tyrone township, Kent county.
  Point of ending: At  Ransom  lake  in  section  12,   T11N,   R12W,   Grant 
township, Newago 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, T11N, R4E, James township, Saginaw county.
  Point of ending: At a point in mid-channel of said river  in  section   34, 
T10N, 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, R10E, city of Pontiac.
  Point of ending: At the intersection with Auburn road on the  east  line of 
section 27, T3N, R10E, city of Pontiac.
  (e) Black river drain (Sanilac county).
  Point of beginning:  At  the  south  line  of  section   6,   T10N,   R16E, 
Lexington township, Sanilac county.
  Point of ending: At the north line 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, Gratiot 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,   T4N,   R8W, 
Carlton township, Barry county.
  Point of ending: At the outlet from Tupper lake where  the  outlet   enters 
Jordan lake in section 34, T5N, R7W, Odessa township, Ionia county.
  (h) Kawkawlin river drain (Bay county).
  Point of beginning: Mouth of river on Saginaw bay, in  section  33,   T15N, 
R5E, Bangor township, Bay county.
  Point of ending: At the intersection with Euclid avenue on the west side of 
section 5, R14N, R5E, Bangor township, Bay 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, R1W, 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, R10E, Caseville township, Huron county.

  History:  1982 AACS.


R 281.819    Marina operating permit application; criteria for processing.
  Rule 9.(1) 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  or 
written authorization is secured from the adjacent owner  whose  riparian  or 
property interest is or may be affected.
  (c) 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 problems.
  (d) Operation of the facility will not destroy or adversely impair the  use 
of the waters or natural resources of the state.
  (e) The facility is not aesthetically displeasing and conforms  to  similar 
structures and activities in the area on similar watercourses.
  (f) The facility has adequate  parking  space  to  accommodate  anticipated 
users.
  (g) The facility is in compliance with local  zoning  ordinances.   If  the 
facility is not in compliance and if the  local  unit  of  government  having 
proper jurisdiction notifies the department at  the  time  of  public  notice 
objecting to the issuance of a permit, the department shall  withhold  permit 
issuance for 30 days from the date of the expiration of the 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, 
then 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 under R 281.814.
  (2) If the marina facility meets the criteria specified in subrule (1)  and 
is constructed in accordance with the plans, specifications,  and  terms  and 
conditions of the department construction permit, and  is  otherwise  lawful, 
then the department shall issue the marina operating permit for a  period  of 
up to 3 years.  The marina operating permit is subject to review and  renewal 
by the department.
  (3) The department shall use the following procedure  for  applications  to 
renew marina operating permits:
  (a) In October of the  year  that  the  marina  operating  permit  expires, 
department staff send the marina owner/operator the application  for  renewal 
together with a copy of the authorized site plan for the facility.
  (b) The permittee  shall  complete  the  marina  operating  permit  renewal 
application, sign and date  the  site  plan  verifying  that  the  site  plan 
represents the current marina configuration,  and  return  the  plan,  marina 
renewal application, and the required fee to the department.
  (c) Upon submittal of the information specified in subdivision (b) of  this 
subrule, and upon a site inspection, if necessary, the department shall renew 
the marina operating permit for the facility for a period of  3  years,  with 
the date of the expiration at the end of the calendar year.
  (d) If the requested information  specified  in  subdivision  (b)  of  this 
subrule is returned and is determined to be incomplete, then department staff 
shall return the forms to the permittee identifying the required  information 
to make the renewal application complete.  Upon  submittal  of  the  required 
information, the department shall review the marina  operating  permit  under 
subdivision (c) of this subrule.  If the forms are  not  returned,  then  the 
department may  initiate  appropriate  action  to  bring  the  facility  into 
compliance.

  History:  1982 AACS; 1985 AACS.


                            BRIDGE CONSTRUCTION

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.

  History:  1979 AC; 1982 AACS.


R 281.822    Rescinded.

  History:  1979 AC; 1982 AACS.


R 281.823    Bridge construction procedures.
  Rule 13.(1) Each construction project  shall  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 shall be controlled by the owner's engineer and the  duration of 
such exposure before final trimming, finishing, or maintenance  of  the  area 
shall be as short as practicable.
  (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) When 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 shall be removed on  completion  of  the 
project if directed by the department. If found  necessary,  the   department 
may 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 before the start of work.

  History:  1979 AC; 1985 AACS.


R 281.824    Specifications; bridge and culvert projects.
  Rule 14. (1) The department of   transportation   standard   specifications 
(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. 2.08.01 Std. Specs.
  (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 surface.............................Sec. 6.53 Std. Specs.
  (b) Mulching....................................Sec. 6.54 Std. Specs.
  (c) Seeding.....................................Sec. 6.52 Std. Specs.
  (d) Fertilizing.................................Sec. 6.52 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) Dune grass planting.........................Sec. 6.56 Std. Specs.
  (i) Sodding.....................................Sec. 6.51 Std. Specs.
  (j) Slope protection............................Sec. 6.01 Std. Specs.
  (k) Crushed limestone surface...................Supp. Specs.
  (l) 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   control   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.
  (b) Sodding, etc..................................E-4-A-10D.
  (c) Paved ditches, etc............................E-4-A-110C.
  (d) Shoulder gutter and spillway..................E-4-A-128.

  History:  1979 AC; 1982 AACS.

                 PIPELINE AND OTHER UTILITY WATER CROSSING

R 281.831    Rescinded.

  History:  1979 AC; 1982 AACS.


R 281.832    Pipelines and conduits generally.
  Rule 22.(1) In the planning stages for pipeline  and  other  utility  water 
course crossings, the applicant shall consider and evaluate the economic  and 
environmental  feasibility  of  using  existing  utility  corridors  for  new 
installations.  Applicants shall also consider and evaluate the economic  and 
environmental feasibility of using directional drilling/boring technology and 
other available methods to conduct lake and stream crossings.  Based  on  the 
applicant's evaluations, the applicant shall propose  to  use  corridors  and 
watercourse crossing methods that, with all factors considered, represent the 
least overall environmental impact while still allowing  the  project  to  be 
completed in a reasonable and cost effective time frame.
  (2) The use of directional drilling/boring  methods  to  conduct  lake  and 
stream crossings will not be regulated by part 301 of the act if all  of  the 
following provisions are satisfied:
  (a) A minimum of 10 feet is maintained from the top of the conduit and  the 
bottom of the lake or stream.
  (b) The entry and exit points are located far enough away from the lake  or 
stream banks to assure that bank disturbance does not occur.
  (c) The drilling  or  boring  sites  (pits)  are  located  outside  of  any 
applicable natural river designation setback requirements.
  (d)  The  drilling  or  boring  operations   will   not   result   in   the 
eruption/release of any drilling fluids up through the ground  and  into  the 
lake or stream.  If, however, the eruptions/releases occur below the ordinary 
high watermark of the water body, then an after-the-fact  permit  application 
shall be submitted with a  detailed  description  of  how  the  crossing  was 
completed, how the eruption was minimized, contained, and cleaned up, and how 
the site was restored.
  (3) As part of the permit application other than as  specified  in  subrule 
(2) of this rule, an applicant shall submit to the  department  5  copies  of 
general construction plans, including, but not limited to, a  complete  route 
map that identifies each lake, stream, and  wetland  crossing,  soil  erosion 
control plans, if a soil erosion and sedimentation control  permit  from  the 
state  is  required,  and   an   explanation,   together   with   plans   and 
specifications, of the methods to be used to complete all crossings.   Before 
solicitation of bids and acquisition of rights-of-way, a permit applicant may 
submit an application to the department for review and permit issuance  under 
part 301 of the act.
  (4) If either  the  department  or  the  applicant  deem  it  necessary,  a 
preconstruction meeting shall be held in order  to  thoroughly  acquaint  all 
concerned parties with the measures that must be taken  to  minimize  erosion 
and siltation and properly protect the natural resources in the project area.
  (5) A permittee shall give the department 10 days'  written  notice  before 
beginning work.
  (6) A permittee shall take all necessary steps to prevent  damage  to  fish 
and game habitat and to preserve the  natural  resources  of  the  state.   A 
permittee shall carry out excavation so  as  to  minimize  the  discharge  of 
damaging material into any stream, lake, or reservoir.
  (7) A permittee shall complete the work  of  clearing,  scalping,  grading, 
slope erosion protection, ditching, backfilling, and final cleanup within  50 
feet of  streams,  lakes,  and  reservoirs   within  as  short  a  period  as 
reasonably possible, but not more than 24 hours, in order to minimize erosion 
occurring from wind and precipitation.
  (8) A permittee shall complete final site stabilization measures  within  3 
days of completing the final site grading and final site cleanup.
  (9) A permittee shall stop trench excavation on any 1  spread  when  10,000 
feet remain open, except as authorized in the permit issued by the department.
  (10) A permittee shall accomplish replacing bank plugs and  grading  stream 
banks within 50 feet immediately after laying pipe.

  History:  1998-2000 AACS.


R 281.833    Rescinded.

  History:  1998-2000 AACS.


R 281.834    Sedimentation basins and cofferdams.
  Rule 24.(1) A permittee shall construct sedimentation basins or cofferdams, 
where required by permit condition, before any other work is performed at the 
site crossing.  The permittee shall maintain sediment removal  efficiency  of 
sediment basins during the development period by regular cleaning of sediment 
from the basins and proper spoil disposal.  A detail  sketch  of  a  sediment 
basin is available on request from the department.
  (2) A permittee shall remove temporary weirs or cofferdams,  including  any 
materials trapped by them in the control of  siltation,  within  2  weeks  of 
final cleanup.  The department may require the intermittent removal  of  silt 
or sand  by  the  permittee  during  construction  for  proper  operation  of 
sedimentation  basins.   In  any  event,  a   permittee   shall   clean   the 
sedimentation basins before removal of weirs and coffer dams.
  (3) A permittee shall construct  weirs  of  continuous  interlocking  steel 
sheeting, except where the department authorizes other substitute  materials. 
When specified by the department, a permittee shall furnish a detail sheet of 
the weir installation.
  (4) A applicant 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.

  History:  1998-2000 AACS.


R 281.835    Haul roads.
  Rule 25.(1) The method for crossing streams where temporary haul roads  are 
being  constructed  shall  involve  technologically  available   clear   span 
structures, such as bailey bridges or flat beds or, alternatively, haul roads 
shall be constructed of coarse aggregate with culverts or logs, or both, laid 
parallel to the stream.  A permittee may use only course aggregate  or  metal 
or wood mats as a running surface on log construction.
A permittee shall protect the side slopes with permanent riprap, as specified 
in R 281.837, up to a level 2 rows above the normal water level and over  the 
ends of the culverts.
  (2) A permittee shall ensure that permanent haul  roads  crossing  streams, 
that is roads that are to be left in place at the  request  of  the  property 
owner comply with part 31 of the act. The property owner shall  submit  plans 
and specifications for the crossing  to  the  department  together  with  his 
application for a permit to construct the facilities.
  (3) A permittee shall ensure that both temporary and permanent  haul  roads 
have adequate top width to  permit  passage  of  all  construction  equipment 
without sloughing of side slopes.
  (4) A permittee shall ensure that culverts which are of  an  adequate  size 
and length and which are approved by  the  department  are  utilized  in  the 
construction of both temporary and permanent haul roads.
  (5) The fording of streams which causes only minimal disturbance of  stream 
banks or bottomland and which results in no more than momentary sedimentation 
or siltation is not regulated by this rule.  Where  temporary  fording  areas 
are potentially available to the public, such as along utility  easements,  a 
permittee shall place vehicle barriers to deter continuous use by the  public 
for reasons other than the original purpose of the ford.

  History:  1998-2000 AACS.


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.
  (4) The trench in the stream bed may be backfilled if  the  material   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   landowners   before   discharging 
water from the trench excavation onto private lands.

  History:  1979 AC.


R 281.837    Stream bank protection; pipeline and utility projects.
  Rule 27.(1)  Following  the  installation  of  the  pipeline  or  cable,  A 
permittee shall immediately restore all work areas along or across streams or 
lakes and shall stabilize the exposed beds and banks within  7  days,  except 
where subsequent permission is provided for a pumping and testing operation.
  (2) A permittee shall  ensure  that  all  disturbed  stream  banks  have  a 
finished slope not steeper  than  1  vertical  to  2  horizontal  to  prevent 
sloughing until stabilized by vegetative cover or riprap.  A permittee  shall 
ensure that the 1 on 2 slope is graded up and back to the high waterline.   A 
permittee shall ensure that if the top of the natural bank  is  more  than  3 
feet above the high waterline, a minimum 10-foot long berm is constructed  at 
the highwater line and the remaining slope  is  constructed  upward  parallel 
with, or on a flatter slope than, the original natural bank.
  (3) A permittee shall ensure that all raw soil exposed above the  permanent 
riprap protection line is  sodded,  riprapped,  or  seeded,  fertilized,  and 
mulched.  A permittee may use temporary riprap (sandbags).
  (4) A permittee shall ensure that mulching,  seeding,  and  fertilizing  is 
done in accordance with natural resource conservation service  standards  and 
specific soil test analysis for appropriate fertilizer application rates.
  (5) A permittee shall ensure that permanent riprap is placed from  the  bed 
of the channel to an elevation necessary to  assure  bank  stabilization.   A 
permittee shall ensure that permanent riprap is  a  5-to-1  mix  of  sand  to 
cement in burlap  or  canvas  bags  or  biodegradable  sacks,  fitted  broken 
concrete, properly sized rock, or other material approved by the department.  
A permittee shall ensure that riprap is free of protruding reinforcing metal.
  (6) A permittee shall ensure that deflecting dikes, which are reinforced by 
1 row of sandbags, are 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.  A permittee shall ensure that  water 
is diverted to undisturbed areas adjacent to the right-of-way.
  (7) A permittee shall ensure that deflecting dikes are placed along the top 
of all stream banks where the entire slope is not protected with  riprap.   A 
permittee shall also place deflecting dikes at the top of,  and  at  100-foot 
intervals or less on, slopes greater than 20%.

  History:  1979 AC; 1982 AACS; 1985 AACS.


R 281.838    Final clean-up.
  Rule 28. Final 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 R 281.837; 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.

  History:  1979 AC.


R 281.839    Rescinded.

  History:  1979 AC; 1985 AACS; 1998-2000 AACS.


R 281.841    Rescinded.

  History:  1979 AC; 1982 AACS; 1998-2000 AACS.


R 281.842    Notification of pending applications.
  Rule 32. The list prepared and mailed by the department under section  6(1) 
of the act shall include permit applications received during each  week.  The 
department shall mail the list monthly 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.

  History:  1979 AC; 1982 AACS; 1985 AACS; 1998-2000 AACS.


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 before action by the department.
  (2) All other hearings shall be conducted under section 30110(2) of the act.
  (3) All persons who receive notification under section 30105(1) of the  act 
shall receive not less than 10 days' prior notification of any hearings  held 
under the act.
  (4) An aggrieved person requesting a formal hearing under section  30110(2) 
of the act shall request the hearing  within  60  days  of  the  department's 
decision on an application.

  History:  1979 AC; 1982 AACS; 1985 AACS; 1998-2000 AACS.


R 281.844    Notification and inspection of completed project.
  Rule 34. An applicant shall notify the land and water  management  division 
of the department within 10 days of completion of  a  project  to  facilitate 
scheduling a final inspection.  An applicant need not  notify  the  land  and 
water management division of a minor project  unless  required  as  a  permit 
condition.

  History:  1979 AC; 1982 AACS; 1998-2000 AACS.


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 shall be   responsible   for   its 
timely removal at the direction of the department.

  History:  1979 AC.


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 Supplement  to  the  Code, 
are rescinded.

  History:  1979 AC.