Michigan Laws 324.30305b – Cranberry beds
Current as of: 2023 | Check for updates
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Terms Used In Michigan Laws 324.30305b
- Department: means the department of environmental quality. See Michigan Laws 324.30301
- Dependent: A person dependent for support upon another.
- Water dependent: means requiring access or proximity to or siting within an aquatic site to fulfill its basic purpose. See Michigan Laws 324.30301
- Wetland: means a land or water feature, commonly referred to as a bog, swamp, or marsh, inundated or saturated by water at a frequency and duration sufficient to support, and that under normal circumstances does support, hydric soils and a predominance of wetland vegetation or aquatic life. See Michigan Laws 324.30301
(1) The department shall consider construction of cranberry beds, including associated dikes and water control structures associated with dikes, such as headgates, weirs, and drop inlet structures, to be a water dependent activity.
(2) The following activities associated with cranberry operations are not considered to be water dependent:
(a) The construction of roads, ditches, reservoirs, and pump houses that are used during the cultivation of cranberries.
(b) The construction of secondary support facilities for shipping, storage, packaging, parking, and similar purposes.
(3) The demonstration by an applicant under section 30311 that there is no feasible and prudent alternative to the construction of cranberry beds, including dikes and water control structures associated with dikes, is not subject to either of the following presumptions:
(a) That feasible and prudent alternatives that do not involve a wetland are available.
(b) That a feasible and prudent alternative that does not affect a wetland will have less adverse effects on the aquatic ecosystem.