Michigan Administrative Code
Department - Natural Resources
Fisheries Division
Utilities and Publicly Provided Facilities in Designated Natural River Areas
Section R. 281.306 - Construction and maintenance of approved projects; applicable requirements and specifications

Universal Citation: MI Admin Code R. 281.306

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

Rule 6.

(1) Construction and maintenance of approved projects shall follow all applicable requirements and specifications set forth in R 281.811 to R 281.846, R 323.1701 to R 323.1714, R 460.511 to R 460.519, R 460.521 to R 460.529, R 460.540 to R 460.548, R 460.588, R 460.852, R 460.865, R 460.1251 to R 460.1422, R 460.2804 to R 460.2879, R 323.1311 to R 323.1329, and R 460.14001 to R 460.14999 of the Michigan Administrative Code. The forest management division guidelines, utilities, pipelines and communications 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.

(2) The department, in addition to the above requirements, may require other reasonable measures to further protect the natural river environment, including the following as are deemed appropriate and necessary:

(a) Upon reaching the natural vegetation strip during clearing operations for overhead electric transmission line, communication line, and pipeline rights-of-way, tall-growing tree species may selectively be removed. Shrubs, low-growing tree species with a mature height of less than 20 feet, and other vegetation shall be left as natural as possible. Following construction, special measures may be required to discourage damaging off-road vehicle use, enhance wildlife habitat, or protect against soil erosion. The department may require that the right-of-way be left in a rough, ungraded condition and that slash and stumps be scattered over the right-of-way or made into brush piles, if landowner concurrence is obtained.

(b) A single-span stream crossing shall be used whenever possible, which shall be consistent with proper vertical clearance of the wires over the waterway and proper structure height for minimal adverse visual impact. This will result in poles being placed as far landward of the river banks as possible.

(c) If an underground utility right-of-way crosses the natural vegetation strip, only minimal brush and tree removal shall be performed during construction. Following construction, special measures may be required to restore the natural appearance of the area, stabilize river banks, discourage damaging off-road vehicle use, or enhance wildlife habitat. If revegetation is required, native plant materials commonly used in that area, as specified by the department, shall be replanted in the natural vegetation strip. The department may require that the right-of-way be left in a rough, ungraded condition and that slash and stumps be scattered over the right-of-way or made into brush piles, if landowner concurrence is obtained.

(d) Management of trees, shrubs, and other vegetation for maintenance of all rights-of-way shall be done manually in the natural vegetation strip. However, herbicides may be applied by hand to stumps of selectively cut trees in the natural vegetation strip, where establishing and maintaining a low-growing shrub community in this zone will further the objectives of the act. The department may authorize application of selected pesticides to control insect or disease infestations.

(e) The time and method of planting recommended vegetation shall be specified by the department to ensure maximum survival and growth of plant species.

(f) The stream shall be crossed by a method of construction which minimizes disruption to the streambed. Streams should be crossed at the point and time least damaging to fishery resources, and generally at right angles. If aerial crossings are used, they shall be designed to accommodate recreational use of the river in addition to protection of the streambanks.

(g) Materials used for bank stabilization following a river crossing shall maintain and enhance the natural and aesthetic qualities of the natural river area, control bank erosion, restore fish habitat, and discourage damaging off-road vehicle use. Specifications regarding stabilization efforts and revegetation shall be consistent with the goals of maintaining stream width as near as possible to the original width, and to provide early revegetation of the area involved.

(h) During construction for a new road or bridge, or reconstruction of an existing road or bridge, strict erosion control measures shall be taken to prevent sediment from reaching the river. Only minimal clearing of existing vegetation, grubbing, and grading shall be performed in the natural river area. The construction area shall be restored to as natural a condition as possible in the natural river area immediately following construction.

(i) Where bank stabilization is needed to stabilize a bank along a road or at bridge crossings, materials shall be used that insure the maintenance and enhancement of the natural and aesthetic qualities of the natural river area.

(j) All of the following apply to publicly provided recreational and water management projects and access site facilities:
(i) Construction or maintenance of these projects shall follow the recommendations of the adopted natural river plan.

(ii) Only minimal removal of existing vegetation within the natural river area shall be performed.

(iii) The time and method of planting recommended vegetation shall be specified by the department to ensure maximum survival and growth of plant species.

(iv) 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.

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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