Michigan Administrative Code
Department - Environmental Quality
Water Resources Division
Inland Lakes and Streams
Section R. 281.811 - Definitions
Universal Citation: MI Admin Code R. 281.811
Current through Vol. 24-04, March 15, 2024
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) "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.
(f) "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.
(g) "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.
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