Michigan Administrative Code
Department - Natural Resources
Fisheries Division
Utilities and Publicly Provided Facilities in Designated Natural River Areas
Section R. 281.301 - Definitions
Current through Vol. 24-04, March 15, 2024
Rule 1. As used in these rules:
(a) "Act" means Act No. 231 of the Public Acts of 1970, being S281.761 et seq. of the Michigan Compiled Laws.
(b) "Adopted natural river plan" means the river management plan adopted by the commission at the time of designation.
(c) "Applicant" means a person, company, or unit of government applying for project approval pursuant to these rules.
(d) "Commission" means the natural resources commission.
(e) "Department" means the department of natural resources.
(f) "Electric transmission line" means those conductors which operate above 30 kv, their necessary supporting or containing structures located outside of buildings, and the right-of-way used for transmitting a supply of electric energy.
(g) "Natural river" means a river which has been designated by the commission for inclusion in the wild, scenic, and recreational rivers system.
(h) "Natural river area" means the river, its bed, banks, and all lands lying within 400 feet of the river's edge of the designated river.
(i) "Natural vegetation strip" means an area not more than 100 feet wide on either side of, and parallel to, the river, where native vegetation is maintained to enhance the natural character of the river.
(j) "Ordinary high-water mark" means the line between upland and bottomland which persists through successive changes in water levels, below which the presence and action of the water is so common or recurrent that the character of the land is marked distinctly from the upland and is apparent in the soil itself, the configuration of the surface of the soil, and the vegetation. On an inland lake which has a level established by law, it means the high established level. Where water returns to its natural level as a result of the permanent removal or abandonment of a dam, it means the natural ordinary high-water mark.
(k) "Person" means any individual, partnership, corporation, association, political subdivision of the state, the department or other instrumentality or agency of the state, political subdivision thereof or other legal entity.
(l) "Pipeline" means any pipeline, including flow lines and transmission lines used to transport oil, gas, brine, sewage, or water, or conduits for electricity or communications from one facility to another, including the right-of-way within which such facilities are located.
(m) "Publicly provided facility" means a facility provided by a public agency, including a federal, state, county, township, municipality, or other agency.
(n) "River's edge" means ordinary high-water mark.
(o) "Road" means any right-of-way that is provided for public motorized traffic.
(p) "Utility" means any commercial entity which provides a public service, such as electric, communications, sewage, oil, gas, or water service.
