Michigan Laws 324.32606 – Department review of application; issuance; limitation; time period for making decision; conditions; notification of approval or denial; disposition of fees
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Terms Used In Michigan Laws 324.32606
- Department: means the department of environmental quality. See Michigan Laws 324.32601
- Fund: means the submerged log recovery fund created in section 32610. See Michigan Laws 324.32601
- Great Lakes: means Lake Superior, Lake Michigan, Lake Huron, and Lake Erie, and includes Lake St. See Michigan Laws 324.32601
- 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
- Riparian rights: means those rights that are associated with the ownership of frontage bordering bottomlands, subject to the public trust. See Michigan Laws 324.32601
- 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
- Submerged log: means a portion of the trunk of a felled tree that has not been further processed for any end use and is located on, in, over, or under bottomlands. See Michigan Laws 324.32601
(1) The department shall review each complete application received for a submerged log removal permit and shall not issue a permit unless the department determines both of the following:
(a) That any adverse impacts, including, but not limited to, impacts to the environment, natural resources, riparian rights, and the public trust are minimal and will be mitigated to the extent practicable.
(b) That the proposed activity will not unreasonably affect the public health, safety, and welfare.
(2) The department may determine that certain areas within a proposed bottomland log removal area described in an application for a submerged log removal permit shall not be authorized for submerged log removal based upon adverse impacts, including, but not limited to, adverse impacts to the environment, natural resources, riparian rights, and the public trust.
(3) The department shall make a decision on whether or not to issue a submerged log removal permit under this part within 90 days after the close of the review and comment period under section 32605 or, if a public hearing is held under section 32608, within 90 days after the date of that public hearing.
(4) If the department issues a submerged log removal permit, the department shall condition the permit on compliance with both of the following:
(a) The permittee has provided the department with a $3,000.00 log recovery fee.
(b) The permittee has provided the department a bond as required in section 32607(7).
(5) The department shall notify the applicant in writing within 10 days after the date the department approves or denies a submerged log removal permit under this section.
(6) The department shall forward log recovery fees received under this subsection to the state treasurer for deposit into the Great Lakes fund created in section 32611.