Michigan Administrative Code
Department - Environmental Quality
Water Resources Division
Great Lakes Submerged Lands
Section R. 322.1001 - Definitions
Universal Citation: MI Admin Code R. 322.1001
Current through Vol. 24-04, March 15, 2024
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 §322.701 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.
Disclaimer: These regulations may not be the most recent version. Michigan may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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