Michigan Laws 324.80110 – Special rules for vessels, water skis, water sleds, aquaplanes, surfboards, or other similar contrivances; investigations and inquiries; preliminary report; notice of public hearing; presentation
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Terms Used In Michigan Laws 324.80110
- Department: means the director of the department of natural resources or his or her designee to whom the director delegates a power or duty by written instrument. See Michigan Laws 324.301
- Director: means the director of the department of natural resources. See Michigan Laws 324.301
- in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.301
- Political subdivision: means a county, metropolitan authority, municipality, or combination of those entities in this state. See Michigan Laws 324.80104
- Rule: means a rule promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 324.301
- Use: means operate, navigate, or employ. See Michigan Laws 324.80104
- Vessel: means every description of watercraft used or capable of being used as a means of transportation on water. See Michigan Laws 324.80104
- Waters of this state: means any waters within the territorial limits of this state, and includes those waters of the Great Lakes that are under the jurisdiction of this state. See Michigan Laws 324.80104
(1) Except as provided under section 80112a, the department may initiate an investigation and inquiry into the need for a special rule for the use of vessels, water skis, water sleds, aquaplanes, surfboards, or other similar contrivances on any of the waters of this state to assure compatibility of uses and to protect public safety. If the department receives a resolution under section 80112, the department shall initiate an investigation and inquiry under this subsection.
(2) The department’s investigation and inquiry under subsection (1) into whether a special rule is needed on a water body must include consideration of all of the following:
(a) Whether the activities subject to the proposed rule pose any issues of safety to life or property.
(b) The profile of the water body, including the name of the political subdivision with jurisdiction, size, geographic location, and amount of vessel traffic.
(c) The current and historical depth of the water body, including whether there is an established lake level.
(d) Whether any special problems or conditions exist on the water body for the activities subject to the proposed rule, such as rocks, pier heads, swimming areas, public access sites, shallow waters, and submerged obstacles.
(e) Whether the proposed rule would unreasonably interfere with normal navigational traffic.
(f) Whether user conflicts exist on the water body.
(g) Complaints received by local law enforcement agencies regarding activities on the water body.
(h) The status of any accidents that have occurred on the water body.
(i) Historical uses of the water body and potential future uses of the water body.
(j) Whether the water body is public or private.
(k) Whether existing law adequately regulates the activities subject to the proposed rule.
(3) Following completion of the department’s investigation and inquiry under subsection (1), the department shall prepare a preliminary report that includes the department’s evaluation of the items listed in subsection (2) and a preliminary recommendation as to whether a special rule is needed for the water body.
(4) On preparation of the preliminary report under subsection (3), the department shall provide a copy of the preliminary report to the political subdivision and schedule a public hearing in the vicinity of the water body to gather public input on the preliminary report and the need for a special rule. The department shall provide notice of the public hearing in a newspaper of general circulation in the area where the water body is located not less than 10 days before the hearing. At the public hearing, any interested person may comment on the preliminary report and the need for a special rule, either orally or in writing.
(5) Within 90 days after the public hearing under subsection (4), if the department determines that a special rule is needed for the water body, the department shall propose a local ordinance or appropriate changes to a local ordinance. If the department determines that a special rule is not needed, the department shall notify the political subdivision and provide the specific reasons for the determination.
(6) A determination by the department under this section that a special rule is not needed for the water body may be appealed to the director by the political subdivision. The director shall make the final agency decision on whether a special rule is needed for the water body.
(7) As used in this section, “water body” includes all or a portion of a water body.