DEPARTMENT OF ENVIRONMENTAL QUALITY

                         LAND AND WATER MANAGEMENT

                        GREAT LAKES SUBMERGED LANDS


(By authority conferred on the department of natural resources by  section
9 of Act No. 247 of the Public Acts of 1955, as amended, and  section  252
of Act No. 380 of the Public Acts of 1965, as amended, being SS322.709 and
16.352 of the Michigan Compiled Laws)


R  322.1001   Definitions.
  Rule 1. (1) As used in these rules:
  (a) "Accretion" means land created as a result of natural depositions or
placement of a lawful, permanent structure.
  (b) "Act" means Act No. 247 of the Public  Acts  of  1955,  as  amended,
being S322.701 et seq. of the Michigan Compiled Laws,  and  known  as  the
Great Lakes submerged lands act.
  (c) "Agreement" means a binding contract between the state  and  another
person concerning the private use of patented or  unpatented  bottomlands,
except use for "marina purposes" as defined in the act.
  (d) "Applicant" means a person applying for a deed, lease, agreement, or
permit to use or alter unpatented lands or an agreement or permit for  use
of water areas over patented lands.
  (e) "Bottomland" means lands in the Great Lakes, and  bays  and  harbors
thereof, lying below and lakeward of the ordinary high water mark.
  (f) "Conveyance" means a  deed,  lease,  agreement,  or  certificate  as
referred to in the act.
  (g) "Department" means the department of natural resources.
  (h) "Dredging" means removal of any mineral, organic, or other  material
from or within the bottomland or waters of the Great Lakes by  any  means.
  (i) "Filling" means placement of any mineral, organic, or other material
on the bottomlands or into the waters of the Great Lakes.
  (j) "Ordinary high water mark" means the elevations set by the act. When
the soil, configuration of the surface, or vegetation has been altered  by
man's activity, the ordinary high water mark shall  be  located  where  it
would have been if this alteration had not occurred.
  (k) "Other materials" means any man-made structure or  installed  device
or facility extending over or placed on  bottomlands  below  the  ordinary
high water mark or extending over or placed into the waters of  the  Great
Lakes, including all of the following:
  (i) Bulkheads.
  (ii) Groins.
  (iii) Riprap.
  (iv) Jettys.
  (v) Breakwaters.
  (vi) Piers and pipelines.
  (vii) Pilings.
  (viii) Sand trap walls.
The term also means a man-made structure or installed device  or  facility
attached to or administered  by  a  marina.  The  term  does  not  include
temporary docks, boat hoists, or other devices for private use  which  are
removed annually.
  (l)   "Person"   means   any   individual,   partnership,   corporation,
association,  political  subdivision,  the  state,  the   department,   an
instrumentality or agency of the state,  a  political  subdivision  of  an
instrumentality  or  agency  of  the  state,   a   department   or   other
instrumentality or agency  of  the  federal  government,  or  other  legal
entity.
  (m) "Public trust" means the perpetual duty of the state  to  secure  to
its people the prevention of pollution, impairment or destruction  of  its
natural resources, and rights of navigation, fishing, hunting, and use  of
its lands and waters for other public purposes.
  (n) "Riparian owner" means one who owns upland bordering the  bottomland
or water area.
  (o) "Riparian rights" means all those rights accruing  to  ownership  of
riparian property, including the following, subject to the  public  trust:
  (i) Access to the navigable waters.
  (ii) Dockage to boatable waters; wharfage.
  (iii) Use of water for general purposes, such as  bathing  and  domestic
use.
  (iv) Title to natural accretions as determined by the department.
  (p) "Submerged patented lands" means  any  bottomlands  lying  within  a
specific government grant area, including a private claim patent,  federal
patent, or state swampland patent.
  (q) "Unpatented lands" means all bottomlands except  submerged  patented
lands.
  (2) The terms defined in the act have the same  meanings  when  used  in
these rules.

  History:  1982 AACS; 1986 AACS.


R  322.1002   Applications   for   deeds,    leases,    agreements,    and
  certificates; forms; content.
  Rule 2. (1) Application forms for deeds, leases, or agreements to use or
alter  unpatented  lands,  for  certificates  of  lakeward  boundary   and
accretion, or for agreements for use  of  water  areas  over  patented  or
unpatented bottomlands may be obtained from the department. The  applicant
shall file separately for each parcel of bottomland, unless the parcels of
bottomland front a single upland ownership. If the parcels front a  single
upland ownership, 1 application may be submitted.
  (2) An application for deeds, leases, agreements, or certificates  shall
not be considered administratively complete by 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. After receipt of an otherwise  complete  application,  the
department  may  request  such   additional   information,   environmental
assessments, appraisals, records, or documents as  are  determined  to  be
necessary to make a decision to grant  or  deny  such  a  conveyance.  The
department shall notify the applicant in writing when the  application  is
administratively complete.
  (3) If an applicant fails to respond to any written inquiry  or  request
from the department within  30  days,  the  application  shall  be  denied
without prejudice and the file shall be closed.
  (4) 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."

  History:  1982 AACS.


R  322.1003   Marina lease application; criteria and procedures.
  Rule 3.  (1)  When  an  application  is  made  for  filled  or  unfilled
bottomland  or  water  area  for  marina  purposes,  the  protection   and
enhancement of the public trust in the bottomlands and waters of the Great
Lakes shall be of primary  concern.  The  department  shall  consider  the
character and current uses of the adjacent upland.  An  applicant  may  be
required to furnish supporting evidence, satisfactory to  the  department,
that marina services in the locality are necessary and feasible.
  (2) In addition to the application requirements of R 322.1002, a  survey
shall be provided which specifies the  location  of  all  fills,  pilings,
structures, and improvements, including all of the following:
  (a) The existing and planned mooring area.
  (b) Boat storage.
  (c) Turning basins.
  (d) Traffic lanes.
  (e) The location, number,  and  size  of  all  boat  wells,  slips,  and
pump-out facilities.
  (3) The department may require the design and survey of projects costing
$50,000.00 or more to be certified and sealed by a registered professional
engineer as authorized in Act No. 299 of  the  Public  Acts  of  1980,  as
amended, being S339.101 et seq. of the Michigan Compiled Laws.
  (4)  The  applicant  shall  file  a  surety  bond  or  other   assurance
satisfactory to the department immediately after  final  approval  by  the
state administrative board and  before  execution  of  the  lease  by  the
department. The surety bond or  other  assurance  shall  ensure  that  the
applicant will truly and faithfully perform the covenants, conditions, and
agreements specified in the lease,  and  shall  further  ensure  that  all
pilings or other structures be removed upon cancellation or termination of
the lease. The amount of the bond shall be determined  by  the  department
and shall be commensurate  with  the  cost  of  restoring  bottomlands  to
pre-lease condition. The bond shall be in effect for  the  period  of  the
lease term or until all  lease  conditions  have  been  fulfilled  to  the
department's satisfaction.
  (5) The department shall issue a statement releasing the lessee and  the
bond company upon termination of the marina lease  and  upon  satisfactory
restoration of the bottomlands.
  (6) 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  pump-out
services as required under section 5 of Act No. 167 of the Public Acts  of
1970, as amended, being S323.335 of the Michigan Compiled Laws.

  History:  1982 AACS; 1986 AACS.


R  322.1004   Marina lease conditions.
  Rule 4. A lease shall provide for all of the following conditions to  be
maintained by both the lessee and the department:
  (a) A term of not more than 50  years.  A  lease  may  provide  for  its
renewal or extension upon satisfactory performance during the prior  term.
  (b) An advance annual rental fee to be determined by the department. The
annual rental fee shall not be less  than  $50.00.  The  department  shall
review the annual rental fee once every 5  years  and  adjust  the  annual
rental fee to reflect changes in  the  general  economic  conditions.  The
changes shall be based on the  percentage  change  of  the  United  States
bureau  of  labor  statistics  'all-items'  index,  and   other   economic
indicators.
  (c) That the assignment or other agreement modifying the  lease  is  not
binding on the department unless approved in writing by the department. An
executed copy of the assignment or agreement shall  be  furnished  to  the
department for approval.
  (d) That the marina construction shall be completed within  a  specified
term, normally not more than 2 years from the  date  of  issuance  of  the
lease. An extension of time may be granted  by  the  department  for  just
cause. The lease shall be forfeited if the lessee does  not  complete  the
marina within the specified time set forth in the lease or  the  extension
authorized by the department.
  (e) That the  construction  and  operation  of  the  facility  will  not
adversely impair the use of or destroy the waters or natural resources  of
the state.
  (f) That the facility shall be maintained in an  aesthetically  pleasing
manner.
  (g) That the structures do not constitute a safety or navigation  hazard
and shall be maintained in good repair.
  (h) That the lessee shall have sole maintenance  responsibility  of  the
facility and shall  remove  structures  and  improvements  on  the  leased
premises after nonuse or abandonment. Nonuse or  abandonment  shall  occur
when the facility is not used for commercial  purposes  for  2  successive
seasons following completion of construction or execution of a lease.
  (i) That upon nonuse or abandonment of the leased  premises  for  marina
purposes, or failure to  construct  or  operate  the  marina  facility  in
accordance with the lease conditions, the lessee shall execute and deliver
to the department a release in recordable form of all his  or  her  rights
and interests in the lease premises. The release  shall  not  relieve  the
lessee of the lease and surety bond  requirements  until  all  obligations
have been met and the bond is duly discharged.

  History:  1982 AACS.


R  322.1005   Agreements; department authorization; conditions.
  Rule 5. Persons shall secure an agreement from  the  department  to  use
patented and unpatented bottomlands for industrial and commercial wharfage
and other private waterfront development.  At  a  minimum,  the  following
conditions shall be in all agreements:
  (a) Occupancy shall be governed by the terms of the act.
  (b) Maintenance operations and improvements shall  be  approved  by  the
department and shall not interfere  with  the  public  trust  in  adjacent
waters and rights of adjacent riparian owners.
  (c) At  the  time  the  agreement  is  terminated,  all  facilities  and
installations, including fills, shall be removed by the  occupant  to  the
satisfaction of the department.
  (d) Assignment of an agreement shall not be binding on  the  department,
unless approved in writing by the department.

  History:  1982 AACS.


R  322.1006   Conveyance applications; approval  criteria;  provision  for
  public access to Great Lakes waters required.
  Rule 6. (1) Review of an  application  for  a  deed,  lease,  agreement,
certificate of boundary determination, or certificate of  accretion  shall
be based on the following criteria:
  (a) Whether the deed, lease,  or  agreement  has  a  clear  and  present
necessity beyond mere convenience or economy.
  (b) Whether the conveyance of unfilled submerged lands is  necessary  to
accomplish the purposes and activities stated in the act.
  (c) Whether the project conforms to required sanitation  laws  and  does
not injure the  material  rights  of  adjoining  riparian  owners  or  any
riparian owners of the water affected.
  (d) A determination by the department that the private or public use  of
such lands and waters will neither substantially  affect  the  public  use
thereof nor impair the public trust or interest of the state.
  (2) Conveyance to local units of government shall  contain  a  provision
for public access to and along Great Lakes waters.

  History:  1982 AACS.


R  322.1007   Conveyance of real estate  rights;  determination  of  fair,
  cash market value.
  Rule 7. (1)  The  consideration  to  be  paid  to  the  state  for  each
bottomland parcel to be conveyed shall be determined  by  the  department,
but at no time shall the consideration be less than $50.00.
  (2) The consideration to be paid as fair cash market value for a deed to
filled unpatented bottomlands shall be determined as follows:
  (a) Fills placed before the effective date of the act  or  before  state
permit authority, except those processed in  accordance  with  subdivision
(d) of this subrule, shall be charged 30% of the filled bottomland or full
market value of the unfilled bottomlands, whichever is greater, giving due
consideration to riparian rights.
  (b) Fills placed after proper permits were obtained shall be  charged  a
minimum of 30% of the value of the filled bottomland or full market  value
of  the  unfilled  bottomlands,   whichever   is   greater,   giving   due
consideration to riparian rights.
  (c) Fills placed in violation of the permitting authority of the act, if
conveyed, shall be charged a minimum 100%  of  the  value  of  the  filled
bottomlands based on their highest and best use. Due consideration may  be
given to riparian rights.
  (d) Fills which were placed before the effective date of the act,  which
are  used  for  residential  purposes,  which  are  part  of  a   recorded
subdivision, which are less than 1/4 acre,  and  which  do  not  adversely
affect the public trust may be charged a fee of $500.00 as the full market
value. The fee stated in this subdivision shall be adjusted every 5  years
according to the bureau of labor statistics 'all-items'  index  and  other
economic indicators.
  (3) The consideration to be  paid  as  fair  cash  value  for  deeds  to
unpatented lands which are not filled or substantially changed from  their
natural character and which are to be used or are  being  used  for  flood
control, shore erosion control, drainage, and sanitation control shall  be
30% of the value of the filled bottomland, based on its highest  and  best
use, giving due consideration to riparian rights.
  (4) The consideration for leases to  unpatented  bottomland  for  marina
purposes shall be not less than  5%  of  the  typical  gross  dockage  and
mooring rent in the area. A lease period may be  a  period  of  up  to  50
years, but rental  rates  shall  be  adjusted  at  least  every  5  years.
Adjustments shall be in all years ending in "0" or  "5."  The  rental  fee
adjustment  shall  be  directly  proportional  to  the  bureau  of   labor
statistics 'all-items' index and other economic indicators. Typical  gross
dockage and mooring rent shall be based on the most efficient use  of  the
area involved.
  (5)  Upon  approval  of  any  deed,  lease,  or  other  agreement,   the
application fee shall be credited against the consideration to be paid  to
the state.

  History:  1982 AACS.


R  322.1008   Permits.
  Rule 8. (1) A riparian owner shall obtain a permit from  the  department
before  dredging,  filling,  or  placing  spoil  or  other  materials   on
bottomlands;  dredging,  altering,  or  maintaining  an  existing   upland
channel; or constructing a new upland channel.
  (2) A permit for upland channelling, as required in section  12  of  the
act, is not required for the construction of boat wells  and  slips  which
are not more than 50 feet in length, as measured inland from the  ordinary
high-water mark, and which facilitate private, noncommercial  recreational
boat use, if dredging or placement of spoil does not  extend  lakeward  of
the ordinary high-water mark.
  (3) Placing spoil or other material  on  bottomlands  does  not  include
either of the following:
  (a) Seasonal, private, noncommercial docks and boat hoists.
  (b) Maintenance  of  a  structure  constructed  under  a  permit  issued
pursuant to the act, if the maintenance is in place and in  kind  with  no
design or materials modification.

  History:  1982 AACS.


R  322.1009   Permit application procedures.
  Rule 9. (1) An application for a permit shall  be  made  on  a  form  as
prescribed and provided  by  the  department.  Application  forms  may  be
obtained from the department or from any designated field  office  of  the
department.
  (2) An application for a permit shall not be considered administratively
complete 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.  After  receipt  of  an  otherwise
complete  application,  the  department  may   request   such   additional
information, environmental  assessments,  records,  or  documents  as  are
determined to be necessary to make a decision to grant or deny  a  permit.
The department shall notify the applicant in writing when the  application
is administratively complete.
  (3) If an applicant fails to respond to any written inquiry  or  request
from the department within  30  days,  the  application  shall  be  denied
without prejudice and the file shall be closed.
  (4) For upland channels, a fee of not  less  than  $50.00,  payable  to:
"State of Michigan," shall accompany the application.

  History:  1982 AACS.


R  322.1010   Notification  of  pending  applications;  determination   of
  applications; copies.
  Rule 10. (1) Upon receiving an application for a permit  or  conveyance,
except for applications for  those  projects  stated  in  R 322.1013,  the
department shall submit copies for review to all of the following:
  (a) The director  of  public  health  or  the  local  health  department
designated by the director.
  (b) The county, city, village, or township clerk.
  (c) The county drain or road commissioners.
  (d) The local port commission, if any.
  (e) The 2 adjacent riparian property owners.
  (2) To be considered in the department's review  of  an  application,  a
response to a public notice or request for a public comment meeting  shall
be received by the department within 20 days of the mailing of such public
notice.
  (3) Upon request, the department shall provide any person with a copy of
a conveyance, permit, or application and supporting documents, pursuant to
Act No. 442 of the Public Acts of  1976,  as  amended,  being  S15.231  et
seq. of the Michigan Compiled Laws.

  History:  1982 AACS.


R  322.1011   Permit issuance; conditions and requirements.
  Rule 11. (1) The department may require such  permit  conditions  as  it
deems reasonable and necessary to protect the  public  trust  and  private
riparian interests, including any of the following conditions:
  (a) The existence of a surety bond or other acceptable guarantee  before
issuing  a  permit  for  projects  with  the  potential  for   significant
environmental impact and the ability of  the  applicant  to  complete  the
project satisfactorily during the period of the permit.
  (b) That dredged materials be deposited in a manner which will cause the
least damage to the public trust, benefit public  interests,  or  mitigate
damage done through navigation projects.
  (c) That filling, dredging, and placing spoil  and  other  materials  on
bottomlands shall be conducted in a manner  which  will  cause  the  least
damage to the public trust and least disruption to the littoral drift  and
longshore processes, enhance the public trust or  interests,  or  mitigate
damages.
  (d) Monitoring to assure that injury to the natural resources or to  the
riparian interests of adjacent property owners does not  occur,  including
specifically monitoring the littoral drift in the project areas.
  (e) That the project be in compliance with local zoning  ordinances.  If
the facility is not in compliance and 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 expiration of public  notice.
If the local unit of government  does  not  file  an  action  to  restrain
operation of the facility in a public forum within  the  specified  30-day
time frame, the department may issue a permit if all  other  criteria  are
met.
  (f) That the work specified 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. An extension of time may  be
granted by the department for just cause.
  (2) Maintenance dredging permits may be granted for a period of 5  years
if the area to be dredged and the disposal area remain the same.
  (3) The department shall, upon request, provide advice to the  applicant
for the consideration and protection  of  the  public  trust  and  private
riparian interests.
  (4) A permit does not obviate the necessity of receiving  approval  from
the United States army corps of engineers  and,  where  applicable,  other
federal, state, or local units of government.

  History:  1982 AACS; 1986 AACS.


R  322.1012   Upland channelling; requirements.
  Rule 12. (1)  The  department  shall  not  issue  a  permit  for  upland
channelling,  unless  the  project  conforms  to  all  of  the   following
provisions:
  (a) The channel will  not  significantly  impair  the  public  trust  or
interest, including fish and wildlife habitat, in the  adjacent  land  and
water area.
  (b) The channel and adjacent commercial or residential development  will
conform  to  the  requirements  for  platting  land,  local  zoning,   and
sanitation laws.
  (c) The channel  will  not  cause  material  injury  to  the  rights  of
adjoining riparian owners or any riparian owners of the water affected.
  (d) The channel will be maintained pursuant to  the  conditions  of  the
permit by existing and future owners of the land fronting the channel.
  (e) Channelling will not be in conflict with other state statutes.
  (f) Channels in multi-residential or commercial developments will be  of
sufficient width to accommodate prospective traffic,  watercraft  dockage,
and maintenance dredging.
  (g) Channels will be constructed to a sufficient depth to minimize  weed
growth.
  (h) Stabilization of channel banks will  be  required  to  control  bank
slumping and siltation.
  (i) Channels  for  multi-residential  or  commercial  projects  will  be
constructed so that the channel banks are a minimum of 100 feet from  each
adjacent riparian property line, except where an adjacent riparian owner's
approval has been obtained.
  (j) All dredged materials will be handled pursuant to R 322.1011.
  (2) The channel shall be a public waterway, unless it is  an  intake  or
discharge canal as determined by the department.

  History:  1982 AACS.


R  322.1013   Minor project permit; eligibility.
  Rule 13. (1) The department may process applications in accordance  with
R 322.1014  for  those  projects  of  a  minor  nature   which   are   not
controversial; which have minimal adverse environmental impact; which will
be constructed of clean, nonpolluting materials; which do not  impair  the
use of the adjacent bottomlands by the public; and which do not  adversely
affect riparian interests of adjacent owners.
  (2) The following projects are eligible for a minor project permit:
  (a) Noncommercial single piers, docks, and boat hoists  which  meet  the
following design criteria:
  (i) Are of a length or size not greater  than  the  length  or  size  of
similar structures in the vicinity and on the watercourse involved.
  (ii) Provide for the free littoral flow of water and drift material.
  (b) Spring piles and pile clusters when their design  and  purposes  are
usual for such projects in the vicinity and watercourse involved.
  (c) Seawalls, bulkheads, and other permanent revetment structures  which
meet all of the following purpose and design criteria:
  (i) The proposed structure fulfills an  identifiable  need  for  erosion
protection, bank stabilization, protection of uplands, 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.
  (iv) The placement  of  backfill  or  other  fill  associated  with  the
construction does not exceed an average of 3 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) Groins 50 feet or less in length, as measured from the toe of bluff,
which meet all of the following criteria:
  (i) The groin is low profile, with the lakeward end not more than 1 foot
above the existing water level.
  (ii) The groin is placed at least 1/2  of  the  groin  length  from  the
adjacent property line or closer with written  approval  of  the  adjacent
riparian.
  (e) Filling for 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, where the fill is
of suitable material free from pollutants, waste metal  products,  debris,
or organic materials.
  (f) 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 materials will be removed to an upland site  exclusive
of wetland areas.
  (g) Structural repair of man-made  structures,  except  as  exempted  by
R 322.1008(3), when their design and purpose meet both  of  the  following
criteria:
  (i) The repair does not alter the original use of a recently serviceable
structure.
  (ii) The repair  will  not  adversely  affect  public  trust  values  or
interests, including navigation and water quality.
  (h) Fish or wildlife habitat structures which meet both of the following
criteria:
  (i) Are placed so the structures do not impede or create a  navigational
hazard.
  (ii) Are anchored to the bottomlands.
  (i) Scientific  structures,  such  as  staff  gauges,  water  monitoring
devices, water quality testing devices, survey devices, and core  sampling
devices, if the structures do not impede or create a navigational  hazard.
  (j) Navigational aids which meet both of the following criteria:
  (i) Are approved by the United States coast guard.
  (ii) Are approved under Act No. 303 of  the  Public  Acts  of  1967,  as
amended, being S281.1001 et seq. of the Michigan Compiled Laws, and  known
as the marine safety act.
  (k) Extension of a project where work is being performed under a current
permit and which will result in no damage to natural resources.
  (l) A sand trap wall which meets all of the following criteria:
  (i) The wall is 300 feet or less in length along the shoreline.
  (ii) The wall does not extend more than 30 feet lakeward of the  toe  of
bluff.
  (iii) The wall is low profile, that is, it is not more than 1 foot above
the existing water level.
  (iv) The wall is constructed of wood  or  steel  or  other  nonpolluting
material.
  (m) Physical removal of  man-made  structures  or  natural  obstructions
which meet all of the following criteria:
  (i) The debris and spoils shall be removed to an upland site, not  in  a
wetland, in a manner which will not allow erosion into public waters.
  (ii)  The  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.

  History:  1982 AACS; 1986 AACS.


R  322.1014   Minor project permit; application procedures.
  Rule 14. (1) The department may issue a permit for a minor  project,  as
stated in R 322.1013, after an administratively complete  application  has
been filed pursuant to R 322.1009.
  (2)  Permit  applications  filed  for  minor  projects  shall  be  field
inspected by the department before issuance.
  (3) Public notice procedures set forth in R 322.1010 may be  waived  for
those applications meeting minor project permit requirements.
  (4) Projects applied for under the minor project permit authority  which
are controversial or which will have a  significant  environmental  impact
shall be processed as described in R 322.1010.

  History:  1982 AACS.


R  322.1015   Environmental assessment.
  Rule 15. In each application for a permit, lease, deed, or agreement for
bottomland, existing and potential adverse environmental effects shall  be
determined. Approval shall  not  be  granted  unless  the  department  has
determined both of the following:
  (a) That the adverse effects  to  the  environment,  public  trust,  and
riparian interests of adjacent owners are minimal and will be mitigated to
the extent possible.
  (b) That there is no feasible and prudent alternative to the applicant's
proposed activity which is consistent with the reasonable requirements  of
the public health, safety, and welfare.

  History:  1982 AACS.


R  322.1016   Inspection and certification of completed projects.
  Rule 16. (1) The department may issue  a  certification  for  a  project
after final  inspection,  if  the  project  was  satisfactorily  performed
according to state permit.
  (2) Where notice of certification is required as a permit condition, the
permittee shall notify the department within 10 days of completion of  the
project to schedule a final inspection for certification.  The  department
shall schedule its field inspection of a completed  project  when  weather
conditions will permit a thorough inspection.
  (3) When any permit conditions are not complied with, enforcement action
may be brought against the permit holder.

  History:  1982 AACS.


R  322.1017   Hearings.
  Rule 17. (1) The department may hold a public  comment  hearing  when  a
proposed project appears to be controversial, where additional information
is desired before action by the  department,  or  upon  request,  if  such
request is made within the public notice period.
  (2) Persons aggrieved by an action or inaction  of  the  department  may
request a formal hearing on the matter, pursuant to the provisions of  Act
No. 306 of the Public Acts of 1969, as amended, being S24.201  et  seq. of
the  Michigan  Compiled  Laws,  within  60  days  of  the  notice  of  the
department's decision.

  History:  1982 AACS.


R  322.1018   Rescission.
  Rule 18. R 281.901 to R 281.915 of  the  Michigan  Administrative  Code,
appearing on pages 973 to 977 of the 1979  Michigan  Administrative  Code,
are rescinded.

  History:  1982 AACS.