Michigan Laws 324.30104 – Application for permit; fees; refund
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Terms Used In Michigan Laws 324.30104
- Bottomland: means the land area of an inland lake or stream that lies below the ordinary high-water mark and that may or may not be covered by water. See Michigan Laws 324.30101
- Dam: means an artificial barrier, including dikes, embankments, and appurtenant works, that impounds, diverts, or is designed to impound or divert water. See Michigan Laws 324.30101
- Department: means the department of environmental quality. See Michigan Laws 324.30101
- Impoundment: means water held back by a dam, dike, floodgate, or other barrier. See Michigan Laws 324.30101
- Marina: means a facility that is owned or operated by a person, extends into or over an inland lake or stream, and offers service to the public or members of the marina for docking, loading, or other servicing of recreational watercraft. See Michigan Laws 324.30101
- Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.301
- Project: means an activity that requires a permit pursuant to section 30102. See Michigan Laws 324.30101
- Upland: means the land area that lies above the ordinary high-water mark. See Michigan Laws 324.30101
(1) A person shall not undertake a project subject to this part except as authorized by a permit issued by the department pursuant to part 13. An application for a permit must include any information that may be required by the department. If a project includes activities at multiple locations, 1 application may be filed for the combined activities.
(2) Except as provided in subsections (3) and (4), until October 1, 2025, an application for a permit must be accompanied by an application fee based on an administrative cost in accordance with the following schedule:
(a) For an initial permit for a seasonal drawdown or associated reflooding, or both, of a dam or impoundment for the purpose of weed control that is issued for the first time after October 9, 1995, a fee of $500.00, but for subsequent permits for the same purpose a fee of $50.00.
(b) For activities included in a minor project category established under section 30105(7), a fee of $100.00.
(c) For activities included in a general permit category established under section 30105(8), a fee of $50.00.
(d) For construction or expansion of a marina, a fee as follows:
(i) $50.00 for an expansion of 1-10 marina slips to an existing permitted marina.
(ii) $100.00 for a new marina with 1-10 proposed marina slips.
(iii) $250.00 for an expansion of 11-50 marina slips to an existing permitted marina, plus $10.00 for each marina slip over 50.
(iv) $500.00 for a new marina with 11-50 proposed marina slips, plus $10.00 for each marina slip over 50.
(v) $1,500.00 if an existing permitted marina proposes maintenance dredging of 10,000 cubic yards or more, unless the dredge material is determined through testing to be 90% or more sand, or the addition of seawalls, bulkheads, or revetments of 500 feet or more.
(e) For major projects other than a project described in subdivision (d)(v), involving any of the following, a fee of $2,000.00:
(i) Dredging of 10,000 cubic yards or more, unless the dredge material is determined through testing to be 90% or more sand.
(ii) Filling of 10,000 cubic yards or more.
(iii) Seawalls, bulkheads, or revetments of 500 feet or more.
(iv) Filling or draining of 1 acre or more of wetland contiguous to a lake or stream.
(v) New dredging or upland boat basin excavation in areas of suspected contamination.
(vi) Shore projections, such as groins and underwater stabilizers, that extend 150 feet or more into a lake or stream.
(vii) New commercial docks or wharves of 300 feet or more in length.
(viii) Stream enclosures 100 feet or more in length.
(ix) Stream relocations 500 feet or more in length.
(x) New golf courses.
(xi) Subdivisions.
(xii) Condominiums.
(f) For the removal of submerged logs from bottomland of an inland lake, a $500.00 fee.
(g) For all other projects not listed in subdivisions (a) to (f), a fee of $500.00.
(3) A project that requires review and approval under this part and 1 or more of the following acts or parts of acts is subject to only the single highest fee required under this part or the following acts or parts of acts:
(a) Section 3104.
(b) Part 303.
(c) Part 323.
(d) Part 325.
(e) Section 117 of the land division act, 1967 PA 288, MCL 560.117.
(4) If work has been done in violation of a permit requirement under this part and restoration is not ordered by the department, the department may accept an application for a permit if the application is accompanied by a fee equal to 2 times the permit fee required under this section.
(5) If the department denies an application for a permit under this part, the department shall promptly refund the application fee paid under this section.