Michigan Laws 324.32607 – Submerged log removal permit; overlaps; expiration; transfer; bond; termination; “bond” defined
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Terms Used In Michigan Laws 324.32607
- Department: means the department of environmental quality. 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 not authorize the same bottomland log removal area in more than 1 submerged log removal permit at any 1 time.
(2) The department may modify the boundaries of a proposed bottomland log removal area in a submerged log removal permit to avoid overlaps with other active submerged log removal permits or adverse impacts, including, but not limited to, impacts to the environment, natural resources, riparian rights, and the public trust.
(3) A submerged log removal plan approved by the department shall be included in each submerged log removal permit.
(4) A submerged log removal permit shall contain terms and conditions that are determined by the department to protect the environment, natural resources, riparian rights, and the public trust.
(5) Each submerged log removal permit shall expire 5 years after the date the permit is issued. However, a submerged log removal permit issued prior to the effective date of the 2011 amendatory act that amended this section expires 5 years after the effective date of the 2011 amendatory act that amended this section. If federal approval is required, an applicant shall notify the department of the date on which the federal government issued its approval for the submerged log removal permit.
(6) A submerged log removal permit issued under this section is not transferrable unless the transfer is approved in writing by the department.
(7) An applicant for a submerged log removal permit shall provide a bond acceptable to the department in the amount of not less than $10,000.00 or more than $100,000.00 as required by the department, based upon permit conditions including costs of restoration and payments under section 32609. Except as provided in subsection (8), the term of the bond shall extend for 1 year following the expiration of the submerged log removal permit. The bond shall be provided to the department at least 10 days prior to beginning submerged log removal in a bottomland log removal area. The bond shall ensure compliance with the submerged log removal permit and all required payments under section 32609. If a submerged log removal permit is terminated under subsection (8), the department shall issue a written statement releasing the permittee or bonding company, or both, upon satisfaction of the department as to the compliance of the permittee with the terms and conditions of the permit and satisfaction of all payments as required in section 32609.
(8) A permittee may request, in writing, and the department may grant, termination of a submerged log removal permit prior to the expiration date, including release from quarterly reports and bond requirements.
(9) As used in this section, “bond” means a performance bond from a surety company authorized to transact business in this state or an irrevocable letter of credit, in favor of the department.