Michigan Administrative Code
Department - Environmental Quality
Water Resources Division
Shorelands Protection and Management
Section R. 281.23 - Environmental areas
Current through Vol. 24-04, March 15, 2024
Rule 3.
(1) In determining whether an area is necessary for the preservation and maintenance of fish, all of the following uses shall be considered:
(2) In determining whether an area is necessary for the preservation and maintenance of wildlife, all of the following uses by wetland-oriented birds and wetland-oriented mammals shall be considered:
(3) Not less than 30 days before designation of environmental areas, the department shall mail predesignation letters to affected landowners of record as shown in the last assessment rolls. The letter shall explain that the property is being considered for designation as an environmental area and shall invite comments from the affected landowners. The department shall schedule a meeting before designation to explain the proposed designation to property owners and local governmental agencies.
(4) The department shall designate environmental areas determined to be necessary for the preservation and maintenance of fish or wildlife, or both. The department shall personally deliver the notice of designation or send it by certified mail to the landowner of record at the address given in the last assessment roll and to the local governmental agency.
(5) The notice of designation to affected landowners and local governmental agencies shall include all of the following information:
(6) The following shoreland uses in an environmental area require a permit from the department in accordance with these rules or from a local governmental agency under an ordinance approved by the department:
(7) Farming of lands within the environmental area is allowed without a permit if all of the following provisions are complied with:
(8) The pumping of water into an environmental area is allowed without a permit.
(9) A structure zone that is not more than 12,000 square feet shall be delineated for all parcels of land which are totally included within the boundaries of an environmental area at the time of designation. Structure zones will typically be located adjacent to or in proximity to existing roadways, within upland ridges or previously disturbed areas, and to minimize human disturbance to surrounding fish and wildlife habitat. The structure zone shall be configured to minimize fragmentation of the environmental areas.If a parcel has less than 12,000 square feet of land outside the environmental area, then a structure zone shall be delineated which, in conjunction with the land outside the environmental area, shall total 12,000 square feet. Use of a structure zone is subject to all other statutes, ordinances, and rules and regulations.
(10) The department shall consider additional environmental areas as may be proposed by local governmental agencies, citizens, or interested groups.
(11) In the absence of an approved zoning ordinance enacted under sections 7,8,9, and 10 of the act, any person or local governmental agency proposing one of the uses regulated in subrule (6) of this rule outside the structure zone or proposing a change in the location of a structure zone shall submit to the department a permit application for the proposed use. The permit application shall contain all of the following:
(12) A permit application, as described in subrule (11) of this rule, shall be approved if both of the following conditions are satisfied:
(13) Not more than 60 days after receipt of a permit application, the department shall send to the applicant, by certified mail, a notice of its approval or disapproval. In case of disapproval, the department shall state the reasons for disapproval. The department shall process a permit application that does not require field investigation within 20 days.
(14) Approval of a permit does not exempt the applicant from complying with other statutes, ordinances, and rules and regulations.
(15) Any aggrieved party that contests the designation of an environmental area or the disapproval of a permit application shall be granted a hearing if the party files a petition with the department not more than 60 days after the designation letter or the notice of disapproval is sent. The party shall send the petition to the director of the Department of Environmental Quality, P.O.BOX 30458, Lansing, Michigan 48909-7958. The department shall conduct the hearing in accordance with sections 71 to 87 of Act No. 306 of the Public Acts of 1969, as amended, being ''24.271 to 24.287 of the Michigan Compiled Laws, and R 299.3071 to R 299.3081 of the Michigan Administrative Code.
(16) The department shall send the landowner of record and the local governmental agency a notice by certified mail if the environmental area designation is removed.
(17) All environmental area designations in existence on the effective date of these rules shall remain in full force and effect.