(1) Except as provided in subsection (2), a person who excavates or fills or in any manner alters or modifies any of the land or waters subject to this part without the approval of the department is guilty of a misdemeanor, punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both. Land altered or modified in violation of this part shall not be sold to any person convicted under this section at less than fair, cash market value.

  (2) A person who commits a minor offense is guilty of a misdemeanor, punishable by a fine of not more than $500.00 for each violation. A law enforcement officer may issue and serve an appearance ticket upon a person for a minor offense pursuant to section 9a to 9g of chapter IV of the code of criminal procedure, Act No. 175 of the Public Acts of 1927, being section 764.9a to 764.9g of the Michigan Compiled Laws.

  (3) As used in this section, “minor offense” means either of the following violations of this part if the department determines that restoration of the affected property is not required:

  (a) The failure to obtain a permit under this part.

  (b) A violation of a permit issued under this part.