Prohibited uses; exception.

Sec. 35308. (1) Except as provided in subsection (2), the following uses shall be prohibited in a critical dune area: (a) A surface drilling operation that is utilized for the purpose of exploring for or producing hydrocarbons or natural brine or for the disposal of the waste or by-products of the operation. (b) Production facilities regulated under parts 615 and 625. (2) Uses described in subsection (1) that are lawfully in existence at a site on July 5, 1989 may be continued. The continuance, completion, restoration, reconstruction, extension, or substitution of those existing uses shall be permitted upon reasonable terms prescribed by the department.