The following uses are allowed in a wetland without a permit
subject to the laws of this state and the owner's regulation:
A.
Fishing, trapping, or hunting.
B.
Swimming or boating.
C.
Hiking.
D.
Grazing of animals.
E.
Farming, horticulture, silviculture, lumbering, and ranching activities,
including plowing, irrigation, irrigation ditching, seeding, cultivating,
minor drainage, harvesting for the production of food, fiber, and
forest products, or upland soil and water conservation practices.
Wetland altered under this subsection shall not be used for a purpose
other than a purpose described in this subsection without a permit
from the state.
F.
Maintenance or operation of serviceable structures in existence on
October 1, 1980, or constructed pursuant to Part 303 of Public Act
No. 451 of 1994 (MCLA § 324.30301 et seq.) or former Public
Act No. 203 of 1975.
G.
Construction or maintenance of farm or stock ponds.
H.
Maintenance, operation, or improvement which includes straightening,
widening, or deepening of the following which is necessary for the
production or harvesting of agricultural products:
(1)
An existing private agricultural drain.
(2)
That portion of a drain legally established pursuant to the Drain
Code of 1956, Public Act No. 40 of 1956 (MCLA § 280.1 et
seq.), which has been constructed or improved for drainage purposes.
(3)
A drain constructed pursuant to other provisions of Part 303 of Public
Act No. 451 of 1994 (MCLA § 324.30301 et seq.) or former
Public Act No. 203 of 1979.
I.
Construction or maintenance of farm roads, forest roads, or temporary
roads for moving mining or forestry equipment, if the roads are constructed
and maintained in a manner to ensure that any adverse effect on the
wetland will be otherwise minimized.
J.
Drainage necessary for the production and harvesting of agricultural
products if the wetland is owned by a person who is engaged in commercial
farming and the land is to be used for the production and harvesting
of agricultural products. Except as otherwise provided in this part,
wetland improved under this subsection after October 1, 1980, shall
not be used for nonfarming purposes without a permit from the state.
This subsection does not apply to a wetland that is contiguous to
a lake or stream, or to a tributary of a lake or stream, or to a wetland
that the state has determined by clear and convincing evidence to
be a wetland that is necessary to be preserved for the public interest,
in which case a permit is required.
K.
Maintenance or improvement of public streets, highways, or roads,
within the right-of-way and in such a manner as to assure that any
adverse effect on the wetland will be otherwise minimized. Maintenance
or improvement does not include adding extra lanes, increasing the
right-of-way, or deviating from the existing location of the street,
highway, or road.
L.
Maintenance, repair, or operation of gas or oil pipelines and construction
of gas or oil pipelines having a diameter of six inches or less, if
the pipelines are constructed, maintained, or repaired in a manner
to ensure that any adverse effect on the wetland will be otherwise
minimized.
M.
Maintenance, repair, or operation of electric transmission and distribution
power lines and construction of distribution power lines, if the distribution
power lines are constructed, maintained, or repaired in a manner to
assure that any adverse effect on the wetland will be otherwise minimized.
N.
Operation or maintenance, including reconstruction of recently damaged
parts, of serviceable dikes and levees in existence on October 1,
1980, or constructed pursuant to Part 303 of Public Act No. 451 of
1994 (MCLA § 324.30301 et seq.) or former Public Act No.
203 of 1979.
O.
Construction of iron and copper mining tailings basins and water
storage areas.
P.
Until November 1, 2007, beach maintenance activities that meet all
of the following conditions:
(1)
The activities shall not occur in environmental areas and shall not
violate Part 365 of Public Act No. 451 of 1994 (MCLA § 324.36501
et seq.) or rules promulgated under that part, or the Endangered Species
Act of 1973, Public Law 93-205, 87 Stat. 884, or rules promulgated
under that Act.
(2)
The width of any mowing of vegetation shall not exceed the width
of the riparian property or 100 feet, whichever is less.
(3)
All collected debris shall be disposed of properly outside of any
wetland.
It shall be unlawful for any person to do or assist in any of
the following unless and until a written permit is obtained from the
Township pursuant to this chapter:
In arriving at a determination with respect to the issuance
of a permit under this article, the Township shall take into consideration
at least the following standards and criteria:
A.
A permit shall be issued only if the proposed project or activity
is clearly in the public interest, and is otherwise lawful in all
respects.
B.
In determining whether the activity is in the public interest, the
benefit which would reasonably be expected to accrue from the proposal
shall be balanced against the reasonably foreseeable detriments of
the activity, taking into consideration the local, state and national
concern for the protection and preservation of natural resources from
pollution, impairment and/or destruction. If, as a result of such
a balancing, there remains a debatable question whether the proposed
project and/or activity is clearly in the public interest, a permit
shall not be issued. The following general criteria shall be applied
in undertaking this balancing test:
(1)
The relative extent of the public and private need for the proposed
activity.
(2)
The availability of feasible and prudent alternative locations and
methods to accomplish the expected benefits of the activity.
(3)
The extent and permanence of the beneficial or detrimental effects
which the proposed activity may have on the public and private use
to which the area is suited, including the benefits the wetland provides.
(4)
The probable impact of the proposal in relation to the cumulative
effect created by other existing and anticipated activities in the
watershed.
(5)
The probable impact on recognized historic, cultural, scenic, ecological,
or recreational values, and the public health of fish or wildlife.
(6)
The size and quality of the wetland being considered.
(7)
The amount and quality of remaining wetland in the area.
(8)
Proximity to any waterway.
(9)
Economic value, both public and private, of the proposed land change
to the general area.
(10)
The necessity for the proposed project.
D.
The manner in which the activity is proposed to be undertaken will
result in the minimum negative impact upon the wetland and attendant
natural resources under all of the circumstances.
A.
The Township Board has adopted a Wetland Map, showing an inventory
of wetland within the Township.
B.
Upon amendment of the Wetland Map, the Township shall notify each
record owner of property on the property tax roll of the Township
that the Wetland Map has been amended, where the map may be reviewed,
and that the owner's property may be designated as a wetland
on the inventory map and that the Township has an ordinance regulating
wetland. Such notice shall also inform the property owner that the
Wetland Map does not necessarily include all of the wetlands within
the Township that may be subject to the Wetlands Ordinance.
C.
The Wetland Map shall not create any legally enforceable presumptions
regarding whether property that is or is not included on the inventory
map is or is not in fact a wetland.
If a permit is denied for a proposed wetland use, a landowner
may appear at the annual board of review for the purpose of seeking
a revaluation of the affected property for assessment purposes to
determine its fair market value under the use restriction.
