AB 804

In order for a person to conduct an activity in or near a navigable water, the

person may be required to obtain one or more permits from, or enter a contract with,

the Department of Natural Resources (DNR). These requirements include permits

to place structures or deposit material on the beds of navigable waters and contracts

or permits to remove material from the beds of navigable waters (permitting

requirements). The bed of a navigable water includes the area between the water's

edge and the ordinary high-water mark (shoreline area).

Under current law, some activities are exempt from these permitting

requirements, some activities require that the person be issued an individual permit

for the activity, and some activities are authorized under statewide general permits.

If a general permit covers an activity, the person proposing to conduct the activity

must notify DNR that the person wishes to proceed with the activity. If DNR does

not request additional information or notify the person that an individual permit will

required within 30 days after receipt of the notification, the person may proceed with

the activity.

Activities that are currently exempt from these individual and general

permitting requirements include the placement of riprap and shoreline erosion

control structures under certain circumstances and the removal of nonhazardous

material by hand or manual devices in areas that are not areas of special natural

resource interest. These include state natural areas and surface waters identified

by DNR as being outstanding or exceptional resource waters.

This bill creates an exemption from these permitting requirements for certain

shoreline maintenance activities that are conducted in a shoreline area. The

activities exempt from the permitting requirements are the leveling of sand, the

grooming of soil, the mowing of vegetation, and the removal of debris. The activity

must be authorized by the owner of the riparian land that abuts the shoreline area.

The exemption is limited to shoreline areas on Lake Superior and Lake Michigan and

on other navigable waters that are part of or connect to these lakes.

Under current law, a person may request from DNR a determination regarding

whether an exemption applies to a proposed activity. Within 15 days after receiving

the request, DNR must inspect the site of the proposed activity if DNR determines

that is necessary and must make a determination as to whether the activity is

exempt. If DNR fails to make the determination within the 15-day period, DNR may

not subsequently require the person to apply for an individual permit or to seek

authorization under a general permit. This exemption determination procedure

applies to the exemptions created in this bill