Michigan Administrative Code
Department - Natural Resources
Fisheries Division
Natural River Zoning (13 Rivers)
Section R. 281.177 - Land use and development standards
Universal Citation: MI Admin Code R. 281.177
Current through Vol. 24-04, March 15, 2024
Rule 7.
(1) Land uses within the natural river district are classified as exempt, principal, or special uses and are described as follows:
(a)
Exempt uses are uses which are permitted by right and which are not subject to
the receipt of a zoning permit. Exempt uses include all of the following:
(i) Private, noncommercial recreation which
does not involve permanent structures, equipment, or other devices, but which
includes camping, boating, fishing, hunting, and other similar
activities.
(ii) Reforestation and
other accepted forest management practices that do not involve permanent
structures and that are landward of the native vegetation buffer.
(iii) Agricultural activities, such as
plowing, disking and planting of crops, including general and specialized
farming such as Christmas tree farms, provided that all new activities occur
landward of the native vegetation buffer and provided such uses will not
significantly contribute to stream degradation. Construction of any residential
and farm-related structures and appurtenances are classified as principal uses
(see subrule (b) of this rule) and are subject to zoning permit requirements.
New aquaculture facilities and concentrated animal feeding operations, and
expansion of existing aquaculture facilities and concentrated animal feeding
operations, are not permitted within the Natural River District without a land
use variance. Resumption of prior agricultural uses that were located within
the native vegetation buffer but have been discontinued, such as crop fields
that are rotated, may resume if 1 of the following criteria are met:
(A) The cessation of use was within 10 years
of resumption of use.
(B) The
cessation of use was due to implementation of a management plan written prior
to adoption of these rules.
(C) The
cessation of use was the result of written agreements with a governmental
agency or agencies entered into prior to adoption of these rules.
(D) The cessation of use was the result of
written agreements with a governmental agency or agencies entered into after
adoption of these rules or ordinances implementing this plan, where the term of
cessation of use specified in the agreement is for 10 years or less.
(E) The cessation of use was required or
imposed by a governmental agency or agencies.
(iv) The operation of licensed motor vehicles
on dedicated public roads or private roads that are designed to provide access
to a permitted use.
(v) The
off-road operation of emergency and public utility maintenance vehicles, and
the operation of motorized or non-motorized wheelchairs by persons with
disabilities on footpaths, boardwalks, or other designated trails. Other
motorized vehicles may not be operated off the road in the native vegetation
buffer as specified in
R 281.174.
(vi) Cutting of low growing vegetation in the
native vegetation buffer to create a private footpath of not more that 4 feet
in width leading to a single point on the river's edge. A boardwalk or other
above grade walkway is considered a structure and requires a zoning
permit.
(vii) Signs, subject to the
provisions of
R 281.174.
(viii) A replacement residential water supply
well, provided the replacement well is no closer to the river's edge than the
well it is replacing and is landward of the native vegetation buffer, and the
replaced well is properly abandoned.
(ix) Routine maintenance and repairs of
principal uses within the existing foundation and structure, subject to the
provisions of
R
281.180.
(x) Satellite dishes that are less than 24
inches in diameter and that are not located in the native vegetation
buffer.
(b) Principal
uses are uses which are allowed by right, but which require the issuance of
zoning permits by the zoning administrator. Principal uses include all of the
following:
(i) Single-family dwellings,
including detached long-term rental dwellings, if all of the following
provisions are complied with:
(A) Only 1
dwelling per parcel unless 1 of the following occurs:
(1) The property owner develops a site plan
for the parent parcel showing theoretical property lines for individual lots
based on Natural River development standards, and locates any additional
residences and appurtenances as if the property were divided into those
separate lots.
(2) For each
single-family dwelling placed in a cluster-type setting so that the
requirements in subdivision (b)(i)(A)(1) are not met, a portion of the parent
parcel containing square footage, width, depth and buildable area equal to a
newly created separate legal parcel as described in
R 281.174 shall be made subject to a
permanent conservation easement or deed restriction that prohibits construction
of any structures within that portion of the parcel, or the development rights
to a portion of the parent parcel containing square footage, width, depth, and
buildable area equal to a newly created separate legal lot or parcel as
described in
R 281.174 shall be sold, donated or
otherwise conveyed in perpetuity to a land conservancy, local unit of
government, or the state. The agency acquiring the development rights shall
agree in writing to refrain from development of the land in
perpetuity.
(B) Building
setback for lots shall be not less than 100 feet from the ordinary high
watermark on the mainstream and other designated tributaries, except as
described in subdivision (b)(i)(C) of this rule. Structures shall be set back
not less than 50 feet from the crest of a bluff on the mainstream and not less
than 25 feet from the crest of a bluff on designated tributaries. No building
shall take place on land that is subject to flooding or in any wetland area.
The natural contour of the face and crest of the bluff shall not be altered.
The land between the crest of the bluff and the minimum building setback line
shall not be altered except for minor landscaping activities.
(C) Building setbacks in areas of
concentrated development are as follows: If a vacant legal nonconforming parcel
is between and adjacent to 2 parcels that contain legal single-family dwellings
that do not meet the minimum building setbacks, and the adjacent legal
non-conforming single-family dwellings are within 300 feet of each other, then
the minimum building setback for a new single-family dwelling on the vacant
parcel is the distance from the river of the adjacent single-family dwelling
that is farthest from the river's edge or the minimum required width of the
native vegetation buffer, whichever is greater, provided the single-family
dwelling is not placed on lands that are subject to flooding or in any wetland
area. All appurtenances and accessory buildings shall meet the minimum required
building setback described in subdivision (b)(i)(B). All structures shall be
set back not less than 50 feet from the crest of a bluff on the mainstream and
not less than 25 feet from the crest of a bluff on designated tributaries. The
natural contour of the face and crest of the bluff shall not be altered. The
land between the crest of the bluff and the minimum building setback line shall
not be altered except for minor landscaping activities.
(ii) Expansion of a legal nonconforming
single-family dwelling subject to the provisions of
R
281.180.
(iii) Accessory buildings and appurtenances
that meet requirements of paragraph (i) of this subdivision.
(iv) One private boat dock per parcel,
subject to
R 281.174.
(v) One private river access stairway per
parcel, subject to
R 281.174.
(vi) Utility lines to service private,
single-family dwellings.
(vii)
Disposal fields, septic tanks, and outhouses if all of the following provisions
are complied with:
(A) The septic tank and
disposal field meet local health department standards.
(B) The disposal fields shall be located not
less than 100 feet from the ordinary high watermark and any surface or
subsurface drain that discharges into the Upper Manistee River or its
designated tributaries, and shall not be located within the 100-year
floodplain, a wetland area, or the native vegetation buffer.
(C) The septic tank shall be no closer to the
river than the dwelling it serves and shall not be located within the 100-year
floodplain or a wetland area.
(D)
The bottom of the disposal field shall be at least 4 feet above the seasonal
high groundwater table.
(E) An
outhouse shall be constructed using a watertight waste containment system which
allows waste to be pumped and hauled to an appropriate disposal site, shall be
located not less than 100 feet from the ordinary high watermark and any surface
or subsurface drain that discharges into the Upper Manistee River or its
designated tributaries, and shall not be located within the 100-year
floodplain, a wetland area, or the native vegetation buffer.
(F) Drywells and earth privies are not
permitted unless they are authorized by the local health department, are a
minimum of 100 feet from the ordinary high water mark, and the bottom of the
pit or seepage bed is at least 4 feet above the seasonal high groundwater
table.
(G) An innovative on-site
treatment system that results in a higher level of treatment than a
conventional system may be located not less than 75 feet from the river's edge,
provided no part of the system is in a wetland or the 100-year
floodplain.
(H) Disposal of sludge
from any wastewater treatment system is prohibited in the Natural River
District.
(viii) Water
supply wells serving exempt, principal, or special uses if the well is landward
of the native vegetation buffer described in
R 281.174.
(ix) Mining and extracting industries, if all
land disturbance, structures, and other activities related to the industry are
located more than 300 feet from the ordinary high watermark.
(x) Land divisions, if the minimum standards
specified in
R 281.174 are met. A zoning permit,
special use permit or variance will not be granted for any activity on a parcel
that is created after the effective date of these rules if the new parcel does
not meet all of the standards in
R 281.174. No new parcel will be
created that would require reaching the only buildable area by constructing a
road/stream crossing.
(xi) Home
occupations and home-based occupations, subject to the provisions of Rule
4.
(xii) Land alteration, such as
grading, dredging, and filling of the land surface, except thin the native
vegetation buffer, on the face or crest of a bluff, or in a wetland or
floodplain as defined in
R 281.171. Draining wetlands is
prohibited. Ponds may be constructed if the pond is not constructed in a
wetland or the 100-year floodplain, the pond meets the building setback
established for the area, spoils are placed in a non-wetland, non-floodplain
area landward of the native vegetation buffer, and the pond is not connected to
the river by any surface or subsurface drainage system.
(xiii) Bridges, including any structure of
any span length designed to provide a pedestrian or vehicle stream crossing,
subject to the following standards:
(A) All
existing bridges that are destroyed by any means, whether on a tributary or
mainstream segment, may be replaced. On mainstream segments, destroyed
pedestrian bridges may not be replaced with vehicle bridges. Destroyed bridges
shall be replaced within 18 months of destruction or the replacement bridge
shall be considered to be a new bridge and will be subject to new bridge
standards.
(B) New bridges are not
permitted on any parcel that is created after the effective date of these
rules.
(C) New bridges of any type
are prohibited on mainstream segments.
(D) All replacement bridges on mainstream
segments shall span the bankfull channel, have a minimum clearance of 5 feet
between the ordinary high water mark and "low steel" (the bottom of the bridge
deck and/or deck supports other than abutments), and be a structure with a
natural bottom, for example, pipe, box, or arch culverts are not
permitted.
(E) New pedestrian
bridges are permitted on all tributaries provided the lands connected by a new
bridge were, at the time of adoption of these rules, and continue to be,
collectively owned by a single person.
(F) New bridges linking properties in
separate ownership shall not be permitted except in areas where construction of
such a bridge to access a permitted building site will result in less resource
damage than construction of another type of permitted access. The exception
shall only apply to lots that were created before the effective date of these
rules.
(G) Only 1 bridge is
permitted to access a portion of land that is otherwise inaccessible from the
owner's contiguous property.
(H)
Permanent new bridges on tributaries shall span the bankfull channel and be a
structure with a natural bottom, for example, pipe, box or arch culverts are
not permitted, and, in the case of pedestrian bridges, be constructed such that
use by any motorized vehicles, such as dirt bikes and ATVs, are
excluded.
(I) Permanent bridges
replacing bridges that have natural bottoms on tributaries shall span the
bankfull channel and be a structure with a natural bottom, for example, pipe,
box, or arch culverts, are not permitted, and in the case of pedestrian
bridges, be constructed such that use by any motorized vehicles, such as dirt
bikes and ATVs, are excluded.
(J)
Permanent bridges replacing bridges without natural bottoms on tributaries
shall span the bankfull channel, and, in the case of pedestrian bridges, be
constructed such that use by any motorized vehicles, such as dirt bikes and
ATVs, are excluded.
(K) Temporary
vehicle bridges on tributaries for the purpose of access for timber harvest may
be permitted provided they are constructed in a manner that minimizes
disruption of the stream and are removed immediately after harvesting
activities. Disturbed areas in the native vegetation buffer shall be
re-vegetated, any fill placed shall be removed and the land shall be returned
to its original grade as soon as possible after removal of the bridge. Proper
erosion/sedimentation control methods shall be used during placement and use of
the bridge.
(L) New permanent
vehicle bridges on tributaries may be allowed upon receipt of a special use
permit.
(xiv) Forest
management activities within the native vegetation buffer, subject to the
provisions of
R 281.174.
(xv) Boardwalks that meet the setback
requirements of subrule (2)(C) of this rule and boardwalks associated with a
footpath to the river's edge subject to
R
281.174(6).
(c) The Upper Manistee River natural river
plan and these rules recognize that certain types of residential, recreational,
and commercial uses may be appropriate for the natural river district that have
not been identified under the exempt and principal uses provisions of this
rule. To ensure that such uses do not contravene the goals and objectives of
the Upper Manistee River natural river plan and these rules, such uses shall be
referred to as special uses and shall be subject to the review and approval of
the zoning review board. Special uses and their development standards include
all of the following:
(i) Detached rental
cabins, if all of the following provisions are complied with:
(A) The number of cabins permitted shall be
based on the rate of 1 cabin per 200 feet of frontage. Clustering of rental
cabins is permitted and encouraged; however, there shall not be more than 1
cabin per 200 feet of river frontage. For each cabin placed in a cluster-type
setting, a portion of the parent parcel containing square footage, width, depth
and buildable area equal to a newly created separate legal parcel as described
in
R 281.174 shall be made subject to a
permanent conservation easement or deed restriction that prohibits construction
of any structures within that portion of the parcel, or the development rights
to a portion of the parent parcel containing square footage, width, depth and
buildable area equal to a newly created separate legal lot or parcel as
described in
R 281.174 will be sold, donated, or
otherwise conveyed in perpetuity to a land conservancy, local unit of
government, or the state. The agency acquiring the development rights shall
agree in writing to refrain from development of the land in
perpetuity.
(B) The size of each
cabin shall not exceed 900 square feet and 1 story in height. The cabin shall
not contain sleeping accommodations for more than 8 people.
(C) Each cabin shall be set back a minimum of
200 feet from the ordinary high watermark. All associated buildings and
structures shall be located outside of the Natural River District.
(D) Temporary recreational facilities,
including tents, camper trailers, and recreational vehicles shall be located
outside of the Natural River District.
(E) Each cabin shall be a minimum of 75 feet
from the property line of adjacent riverfront properties.
(F) Establishment of vegetative buffers along
side or back lot lines may be required for rental cabins that are adjacent to
existing residential uses. Buffers shall consist of plant material that is
indigenous to the area in a strip at least 20 feet wide composed of deciduous
trees interspersed with coniferous trees to be spaced not more than 10 feet
apart. Deciduous trees shall be a minimum of 8 feet in height and coniferous
trees a minimum of 5 feet in height at the time of planting. The buffer shall
also include dense shrubs placed not less than 5 feet apart having a minimum of
3 feet in height when planted. The entire buffer shall be maintained in at
least as healthy a condition as when planted.
(G) Docks may be constructed for the private
use of occupants of the rental cabins. Permanent and seasonal docks shall
comply with the general standards for docks and all of the following
provisions:
(1) Docks shall be not larger than
48 square feet, with not more than 4 feet of the dock extending into the
water.
(2) Docks may be constructed
at the rate of 1 dock per 1000 feet of frontage. If the property in question
contains less than 1000 feet of frontage, 1 dock will be permitted.
(3) Docks shall be constructed of natural
materials that blend with the natural surroundings.
(4) Access to a dock or docks shall be along
a single designated footpath not more than 4 feet wide to minimize disruption
of the native vegetation buffer.
(5) Any steps or stairs necessary on the
streambank to access the dock shall be constructed without cutting into the
ground surface, unless site and soil conditions indicate that a recessed
stairway will better meet the goals and objectives of designation.
(ii) Campgrounds,
including those with provisions for tents, travel trailers, campers, and motor
homes, with associated noncommercial buildings, impervious pads, and utility
hookups, if all of the following provisions are complied with:
(A) Campgrounds shall be constructed and
maintained in accordance with all applicable state regulations.
(B) Commercial buildings associated with the
campground are prohibited in the Natural River District.
(C) All permanent structures shall be at
least 200 feet from the river's edge.
(D) Campsites are permitted at a density of
not more than 4 sites per acre of land that is located in the Natural River
District and landward of the native vegetation buffer.
(E) A 100 foot-wide native vegetation buffer
along the river shall be maintained.
(F) Campsites that accommodate wheeled motor
vehicles shall be at least 200 feet from the river's edge.
(G) Walk-in campsites shall be landward of
the native vegetation buffer.
(H)
Docks may be constructed at the rate of 1 dock not larger than 48 square feet
for each 200 feet of river frontage, accessed by a single footpath not more
than 4 feet wide.
(I) No motorized
vehicle access to the river is permitted.
(J) Launching or retrieval of commercial
watercraft, other than by registered campers on-site, is prohibited at any
newly developed campground.
(iii) Permanent vehicle bridges on
tributaries subject to the provisions of R 281.177.
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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