Michigan Laws 324.30309 – Regulation by local unit of government of wetland less than 2 acres; permit application; determination
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A local unit of government that has adopted an ordinance under section 30307(4) that regulates wetland within its jurisdiction that is less than 2 acres in size shall comply with this section. Upon application for a wetland use permit in a wetland that is less than 2 acres in size, the local unit of government shall approve the permit unless the local unit of government determines that the wetland is essential to the preservation of the natural resources of the local unit of government and provides these findings, in writing, to the permit applicant stating the reasons for this determination. In making this determination, the local unit of government must find that 1 or more of the following exist at the particular site:
(a) The site supports state or federal endangered or threatened plants, fish, or wildlife appearing on a list specified in section 36505.
Terms Used In Michigan Laws 324.30309
- 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.
- local unit: means a municipality or county. See Michigan Laws 324.301
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
- 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
(b) The site represents what is identified as a locally rare or unique ecosystem.
(c) The site supports plants or animals of an identified local importance.
(d) The site provides groundwater recharge documented by a public agency.
(e) The site provides flood and storm control by the hydrologic absorption and storage capacity of the wetland.
(f) The site provides wildlife habitat by providing breeding, nesting, or feeding grounds or cover for forms of wildlife, waterfowl, including migratory waterfowl, and rare, threatened, or endangered wildlife species.
(g) The site provides protection of subsurface water resources and provision of valuable watersheds and recharging groundwater supplies.
(h) The site provides pollution treatment by serving as a biological and chemical oxidation basin.
(i) The site provides erosion control by serving as a sedimentation area and filtering basin, absorbing silt and organic matter.
(j) The site provides sources of nutrients in water food cycles and nursery grounds and sanctuaries for fish.