Michigan Administrative Code
Department - Natural Resources
Fisheries Division
Natural River Zoning (13 Rivers)
Section R. 281.181 - Pine river system principal uses; natural vegetation strip; vegetative cutting within river channel

Universal Citation: MI Admin Code R. 281.181

Current through Vol. 24-04, March 15, 2024

Rule 131.

(1) A principal use is allowed by right, but requires the issuance of a zoning permit by the zoning administrator. A principal use includes all of the following:

(a) A single-family dwelling or short-term rental facility with all the following provisions:
(i) The minimum building setback not less than 150 feet from the ordinary high-water mark on the mainstream and the north branch Pine river from its confluence with Spalding creek to its confluence with the east branch Pine river and not less than 100 feet from the ordinary high-water mark on all other designated tributaries, except as described in R 281.57.

(ii) On the mainstream and the north branch Pine river from its confluence with Spalding creek to its confluence with the east branch Pine river the setback may be decreased 1 foot for every 1-foot rise in bank height to a minimum distance of 100 feet from the ordinary high-water mark. The reduction in setback does not apply until the bank height reaches 25 feet, at which point the reduction in setback is 25 feet.

(iii) On all other tributaries, the setback may be decreased 1 foot for every 1-foot rise in bank height to a minimum distance of 75 feet from the ordinary high-water mark. The reduction in setback does not apply until the bank height reaches 15 feet, at which point the reduction in setback is 15 feet.

(iv) A dwelling shall be set back not less than 50 feet from the crest of a bluff on the mainstream and the north branch Pine river from its confluence with Spalding creek to its confluence with the east branch Pine river, and not less than 25 feet from the crest of a bluff on all other designated tributaries.

(v) Building shall not take place on land that is subject to flooding or in any wetland area.

(vi) The natural contour of the face and crest of the bluff shall not be altered.

(vii) The land between the crest of the bluff and the minimum building setback line shall not be altered except for minor landscaping activities.

(b) Accessory buildings and appurtenances that meet the setback and other development requirements of subdivision (a) of this subrule.

(c) One private boat dock per parcel, unless otherwise provided for in these rules, subject to R 281.57.

(d) One private river access stairway per parcel, subject to R 281.57.

(e) Utility lines to service a single-family dwelling or short-term rental facility.

(f) A disposal field, septic tank, and outhouse, with all the following provisions:
(i) A septic tank and disposal field meet local health department standards.

(ii) A disposal field located not less than 100 feet from the ordinary high-water mark and any surface or subsurface drain that discharges into the Pine river or its designated tributaries, and not located within the 100-year floodplain, a wetland area, or the natural vegetation strip.

(iii) A septic tank shall not be closer to the river than the dwelling it serves and not located within a wetland area.

(iv) An outhouse constructed using a watertight waste containment system that allows waste to be pumped and hauled to an appropriate disposal site, shall be located not less than 100 feet from the ordinary high-water mark and any surface or subsurface drain that discharges into the Pine river or its designated tributaries, and shall not be located within the 100-year floodplain, a wetland area, or the natural vegetation strip.

(v) Drywells and earth privies are not permitted unless 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.

(vi) An alternative on-site treatment system that results in a higher level of treatment than a conventional system may be located not less than 50 feet from the rivers edge on designated tributaries, except the north branch of the Pine river from the confluence with Spalding creek to the confluence with the east branch of the Pine river, provided no part of the system is in a wetland or the 100-year floodplain.

(vii) Disposal of sludge from any wastewater treatment system is prohibited in the natural river district.

(g) Mining and extracting industries, if all land disturbances, structures, and other activities related to the industry are located more than 300 feet from the ordinary high-water mark.

(h) A land division, if any lot created after December 27, 2004, with all the following provisions:
(i) Is accessible by a public road or legal easement on at least 1 side of the stream.

(ii) Has at least 200 feet of river frontage, unless a riverfront "common area" subject to a conservation easement is established, or a parcel does not have river frontage, in which case this dimension shall be measured at the point of the parcel closest to the river, and at least 200 feet wide at the minimum building setback line.

(iii) Contains at least 1/2 acre of existing contiguous upland buildable area (non-wetland, non-floodplain) landward of the minimum building setback line.

(iv) Contains at least 80,000 square feet of area within the natural river district. Any "common area" created or any bottomlands shall not be used in any calculations related to minimum parcel area. If a parcel does not have river frontage, and the front line of the parcel is greater than 150 feet from the rivers edge at all points, this subdivision does not apply, and the minimum parcel width will be measured at the front lot line.

(v) Has sufficient depth and upland area to accommodate the required building setbacks pursuant to the standards in this rule.

(vi) A lot that exists on December 27, 2004, shall not be subdivided or reduced in dimension or area below the minimum requirements of this rule. Any lot created after December 27, 2004, shall meet the minimum requirements of this rule, except as provided in R 281.56.

(i) Home occupations and home-based occupations, subject to R 281.57.

(j) Land alteration, subject to R 281.57.

(k) Bridges, subject to R 281.58.

(l) Forest management activities within the natural vegetation strip, subject to R 281.57.

(m) A boardwalk that meets the minimum building setback requirements in this subdivision and a boardwalk associated with a footpath to the rivers edge, subject to R 281.57.

(n) Bank stabilization and fisheries habitat improvement activities, subject to R 281.57.

(2) Within the Pine river natural river district, a natural vegetation strip that includes the river and all lands within 100 feet of the ordinary high-water mark shall be maintained on each side of the Pine river mainstream and the north branch Pine river from its confluence with Spalding creek to its confluence with the east branch Pine river. A restrictive cutting belt that includes the river and all lands within 50 feet of the ordinary high-water mark shall be maintained on each side of all designated tributaries. Cutting in the natural vegetation strip is subject to R 281.57.

(3) In the Pine river system upstream of the confluence of the north branch Pine river and the east branch Pine river and on all tributaries, vegetation in the stream channel shall not be disturbed except to alleviate flooding that threatens a dwelling. In the Pine river mainstream downstream of the confluence of the north branch Pine river and the east branch Pine river vegetation may be selectively pruned to allow for safe navigation and to alleviate flooding that threatens a dwelling. This may include pruning of a maximum 8-foot wide section of vegetation. Portions of trees, logs, and other natural material imbedded in the stream channel shall not be disturbed.

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.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.