Michigan Administrative Code
Department - Environmental Quality
Water Resources Division
Shorelands Protection and Management
Section R. 281.21 - Definitions
Universal Citation: MI Admin Code R. 281.21
Current through Vol. 24-04, March 15, 2024
Rule 1.
(1) As used in these rules:
(a) "Act" means Part 323 of
Act No. 451 of the Public Acts of 1994, as amended, being Section 324.32301 et
seq. of the Michigan Compiled Laws, and known as shorelands protection and
management.
(b) "Alteration of
vegetation" means to change the natural density and composition of plants by
human activity such as mowing, cutting, clearing, spraying, burning, trimming,
thinning, and other means.
(c)
"Erosion hazard line" means the line along the shoreland that is the landward
edge of the zone of active erosion or the line where the 583.0 feet
international Great Lakes datum contour on Lake Michigan, the 582.2 feet
international Great Lakes datum contour on Lake Huron, or the 603.3 feet
international Great Lakes datum contour on Lake Superior meets the shoreland,
whichever is furthest landward.
(d)
"High bluff" means a bluff or dune that is more than 25 feet in height measured
from the appropriate elevation contour set forth in the definition of erosion
hazard line.
(e) "Low bluff" means
a bluff or dune that is 25 feet or less in height measured from the appropriate
elevation contour set forth in the definition of erosion hazard line.
(f) "Nonconforming structure" means a
permanent structure which does not conform to the required setback distance at
the time of designation or which became nonconforming due to erosion or became
nonconforming due to a change in the required setback distance. Permanent
structures that are constructed in violation of these rules shall not be
considered to be nonconforming structures.
(g) "One hundred-year flood" means a flood
that has a 1% chance of being equaled or exceeded in any given year.
(h) "Parcel" means a continuous area or
acreage of land that is under the same ownership at the time of
designation.
(i) "Permanent
structure" means any 1 of the following structures that is erected, installed,
or moved on a parcel of property:
(i) A
residential building.
(ii) A
commercial building.
(iii) An
industrial building.
(iv) An
institutional building.
(v) A
mobile home.
(vi) Accessory and
related buildings.
(vii) A swimming
pool or deck that has a roof or walls.
(viii) Septic systems.
(ix) Tile fields.
(x) Other waste-handling facilities.A
permanent structure shall be considered small if it has a foundation size of
3,500 square feet or less and less than 5 individual living units. All other
permanent structures shall be considered large. "Permanent structure" does not
include recreational vehicles, travel trailers, swimming pools, or decks
constructed on pilings if the pool or deck does not have a roof or walls. A
"Permanent Structure" also does not include separate appurtenant structures
which have less than 225 square feet, which are used for picnicking or storing
of recreational or lawn equipment, and which are constructed in a manner that
facilitates easy removal. The appurtenant structure shall not have a permanent
foundation and shall not be used as a residential facility.
(j) "Projected recession distance"
means the distance, in feet, determined by the department under R
281.22.
(k) "Readily moveable
structure" means a small permanent structure which is designed, sited, and
constructed to accomplish relocation at a reasonable cost relative to other
structures of the same size and construction. Access to and from the site shall
be of sufficient width and acceptable grade to permit the structure to be
relocated. New construction and installations shall meet the following criteria
to be considered readily moveable structures:
(i) The buildings shall be on pilings, a
basement, or crawl space. Except as noted in paragraph (ii) of this
subdivision, a slab-on-grade foundation does not meet this criterion.
(ii) Above-grade walls shall be stud wall or
whole log construction. Above- grade walls that are constructed of masonry,
including stone walls, concrete poured, or concrete block walls do not meet
this criterion. Existing permanent structures shall be considered readily
moveable structures if the cost of relocation landward of the required setback
distance is not more than 25% of the replacement cost of the structure or if
the existing structure meets the criteria for new construction in this
subdivision. A 1- or 2-car garage which is bolted to a slab foundation and
which does not have plumbing or interior walls is a readily moveable structure
if it meets the remainder of the requirements specified in this subdivision.
Septic systems, tile fields, or other waste-handling facilities are not readily
moveable structures.
(l)
"Required setback distance" means the least distance a permanent structure can
be constructed from the erosion hazard line without a special exception. The
required setback distance is calculated using the following criteria:
(i) For low bluffs, the required setback
distance shall be at the projected recession distance from the erosion hazard
line.
(ii) For high bluffs, the
required setback distance is calculated by adding 1.0 to the product of the
percentage points of slope over 25% and 0.05 to a maximum of 2.0. The answer is
multiplied by the projected recession distance in feet. The following table
shows sample calculations using this formula:
Required Setback
Percent Slope 1.0 (Percent Slope over 25% x 0.05) Multiplier 25 1.0+ (0 x 0.05) = 1 30 1.0+ (5 x 0.05) = 1.25 35 1.0+ (10 x 0.05) = 1.5 40 1.0+ (15 x 0.05) = 1.75 45 1.0+ (20 x 0.05) = 2.0
The slope of the bluff or dune is measured over a 50-foot distance on the lower portion of the lakeward facing slope of the dune or bluff.
(iii) The required
setback distance shall not be greater than the projected recession distance
from the top of the lakeward facing slope of a dune or bluff.
(iv) For bluffs and dunes which have slopes
of more than 60% and which are more than 100 feet in elevation above the
appropriate lake elevation set forth in the definition of erosion hazard line,
the required setback distance shall be established not less than 30 feet
landward of the lakeward facing slope of the dune or bluff.
(m) "Structure zone" means an area
within an environmental area where a permit under this part is not required to
engage in the activities specified in R 281.23(6).
(n) "Setback line" means the line which is
the required setback distance landward of the erosion hazard line and which is
the lakeward limit for the construction of permanent structures without a
special exception.
(o) "Substandard
parcel" means a lot or parcel of record or a lot or parcel which is described
in a land contract or deed that is executed and delivered before the
designation of a high-risk erosion area and which does not have adequate depth
to provide the required setback distance from the erosion hazard line for a
permanent structure. "Substandard Parcel" also means those lots which are
legally created after the designation of a high-risk erosion area and which
have sufficient depth to meet setback requirements for permanent structures,
but which subsequently become substandard due to erosion processes or become
substandard due to a change in the required setback distance.
(p) "Wetland-oriented birds" means any of the
following:
(i) Waterfowl.
(ii) Shorebirds.
(iii) Gulls.
(iv) Terns.
(v) Herons.
(vi) Rails.
(vii) Bitterns.
(viii) Other birds associated with coastal or
wetland areas.
(q)
"Wetland-oriented mammals" means any of the following:
(i) Muskrats.
(ii) Mink.
(iii) Beavers.
(iv) Otter.
(v) Other mammals associated with coastal or
wetland habitats.
(r)
"Zone of active erosion" means the area of the shoreland where the disturbance
or loss of soil and substrate has occurred with sufficient frequency to cause
unstable slopes or prevent vegetation of the area.
(2) The terms defined in the act have the same meanings when used in these rules.
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