Michigan Administrative Code
Department - Natural Resources
Fisheries Division
Utilities and Publicly Provided Facilities in Designated Natural River Areas
Section R. 281.305 - Application; review
Universal Citation: MI Admin Code R. 281.305
Current through Vol. 24-04, March 15, 2024
Rule 5.
(1) The following general considerations shall be weighed when reviewing an application:
(a) Effect on the environmental
factors and ecological systems involved, such as effect on adjacent lands,
waters, aesthetics, wildlife, fisheries, recreational, floodplain, vegetation,
and historic and archaeological values.
(b) Cumulative effect upon the natural river
area from similar potential developments.
(c) Alternatives available to the
applicant.
(d) Secondary effects
likely to be caused or encouraged by the project, such as off-road vehicle use,
horseback riding, or additional foot access which may lead to noise, erosion,
water pollution, or disruption of aesthetic qualities.
(e) Economic factors relating to costs of
right-of-way acquisition, construction, and maintenance, and the need for
additional facilities or resource protection measures in the approximate area
in the future.
(f) All other
factors relevant to the purposes and provisions of these rules.
(2) In addition to the general considerations, the following specific requirements shall apply:
(a) Approval for rights-of-way shall be based
upon the following:
(i) Alternative routes
available to the applicant.
(ii)
Proximity of existing rights-of-way, which the proposed facility could share or
be located adjacent to.
(iii) The
narrowest width right-of-way necessary to facilitate construction and
maintenance of the pipeline, transmission line, or road shall be used. The
forest management division guidelines, utilities, pipelines, and communication
structures on state land, which are available by writing the Forest Management
Division, Department of Natural Resources, P.O. Box 30028, Lansing, Michigan
48909, shall be followed.
(iv)
Capacity of new pipelines, transmission lines, and roads to accommodate
projected or anticipated future needs in that area to reduce the need for
additional future crossings.
(b) Approval of a plan for site location and
design of publicly provided recreation facilities, access sites, publicly
developed water management projects, or other structures shall be based upon
all of the following:
(i) The adopted natural
river plan.
(ii) Site location
shall be in accordance with the adopted natural river plan.
(iii) A site plan shall be developed so as to
take advantage of existing topography and vegetation to minimize the impact of
facilities on the natural character of the area.
(iv) Alteration of existing topography shall
be kept to a minimum, as provided for in the approved site plan.
(v) Removal of trees, shrubs, and other
vegetation in the natural river area shall be in accordance with the adopted
natural river plan.
(vi) A plan
shall incorporate the use of materials that blend with the natural setting.
Dark roof areas, muted earth tone paints or stains, and low silhouettes are
considered desirable.
(vii) A
proposed use shall be constructed and maintained so that it does not lead to
accelerated bank erosion or degradation of the river resources.
(viii) When replacing an existing bridge or
culvert, or constructing a new road crossing over a designated natural river, a
structure to accomplish the road crossing shall be designed to maximize the
purpose and objectives of the natural river act. In reviewing an application,
the department shall consider the anticipated effects of the structure on any
portion of the natural river area, and shall consider all of the factors
outlined in subrule (1)(a) to (f).
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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