Title 324, NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION

Sec. 90103. (1) The following acts that are codified in article III, chapter 1, entitled habitat protection, are repealed: PUBLIC ACT NUMBER YEAR OF ACT MICHIGAN COMPILED LAWS SECTIONS 346 1972 281.951 to 281.966 203 1979 281.701 to 281.722 231 1970 281.761 to 281.776 146 1961 28…

Sec. 90104. (1) The following acts that are codified in article III, chapter 2, entitled management of renewable resources, are repealed: PUBLIC ACT NUMBER YEAR OF ACT MICHIGAN COMPILED LAWS SECTIONS 256 1988 300.251 to 300.270 179 1974 299.211 to 299.213 281 1939 299.201 269 192…

Sec. 90105. (1) The following acts and parts of acts that are codified in article III, chapter 3, entitled management of nonrenewable resources, are repealed: PUBLIC ACT NUMBER YEAR OF ACT MICHIGAN COMPILED LAWS SECTIONS 65 1869 321.1 to 321.9 373 1917 321 21 to 321.31 248 1937 3…

Sec. 90106. (1) The following acts that are codified in article III, chapter 4, entitled recreation, are repealed: PUBLIC ACT NUMBER YEAR OF ACT MICHIGAN COMPILED LAWS SECTIONS 326 1965 299.121 to 299.127 316 1965 299.111 to 299.116 221 1987 318.531 to 318.541 327 1988 318.551 to…

Sec. 902. (1) The governing body of any city within whose corporate boundaries a state park comprises more than 75% of the land area and the governing body of any such state park or, if there is none, the department, may create an environmental management authority for that city.…

Sec. 903. (1) A board shall draft and adopt articles of incorporation and bylaws for the administration of the authority. (2) An authority's articles shall state the name of the authority; the name of the participating city and state agency; the purposes for which the authority i…

Sec. 904. (1) The articles of an authority shall be adopted and may be amended by an affirmative vote of a majority of the members serving on the governing body of the participating city and state agency. (2) Before the articles or amendments to the articles are adopted, the arti…

Sec. 905. (1) The articles may authorize an authority to propose standards, criteria, and regulations. (2) To the extent authorized in the articles, an authority may plan, promote, finance, issue bonds for, acquire, improve, enlarge, extend, own, lease, construct, replace, or con…

Sec. 906. An authority may do 1 or more of the following: (a) Acquire and hold, by purchase, lease, grant, gift, devise, land contract, installment purchase contract, bequest, or other legal means, real and personal property inside or outside the boundaries of the authority. The …

Sec. 907. Upon the expiration of a term agreed by the incorporating units, the authority shall be dissolved unless the city and the state agency agree to extend the existence of the authority for an additional term of years. The authority may only be dissolved during a term upon …

Sec. 9101. (1) "Agricultural practices" means all land farming operations except the plowing or tilling of land for the purpose of crop production or the harvesting of crops. (2) "Authorized public agency" means a state agency or an agency of a local unit of government authorized…

Sec. 9104. (1) The department, with the assistance of the department of agriculture, shall promulgate rules for a unified soil erosion and sedimentation control program, including provisions for the review and approval of site plans, land use plans, or permits relating to soil er…

Sec. 9105. (1) Subject to subsection (6), a county is responsible for the administration and enforcement of this part and the rules promulgated under this part throughout the county except as follows: (a) Within a municipality that has assumed the responsibility for soil erosion …

Sec. 9106. (1) Subject to subsection (4), a municipality by ordinance may provide for soil erosion and sedimentation control on public and private earth changes within its boundaries except that a township ordinance is not applicable within a village that has in effect such an or…

Sec. 9107. If a local unit of government has notice that a violation of this part has occurred within the boundaries of that local unit of government, including but not limited to a violation attributable to an earth change by an authorized public agency, the local unit of govern…

Sec. 9108. As a condition for the issuance of a permit, the county enforcing agency or municipal enforcing agency may require the applicant to deposit with the clerk of the county or municipality in the form of cash, a certified check, or an irrevocable bank letter of credit, whi…

Sec. 9109. (1) An authorized public agency, county enforcing agency, or municipal enforcing agency may enter into an agreement with a conservation district for assistance and advice in overseeing and reviewing compliance with soil erosion and sedimentation control procedures and …

Sec. 9110. (1) Subject to subsection (4), a state agency or an agency of a local unit of government may apply to the department for designation as an authorized public agency by submitting to the department the soil erosion and sedimentation control procedures governing all earth…

Sec. 9112. (1) A person shall not maintain or undertake an earth change governed by this part, the rules promulgated under this part, or an applicable local ordinance, except in accordance with this part and the rules promulgated under this part or with the applicable local ordin…

Sec. 9113. (1) Notwithstanding the existence or pursuit of any other remedy, the department or a county enforcing agency or municipal enforcing agency may maintain an action in its own name in a court of competent jurisdiction for an injunction or other process against a person t…

Sec. 9114. In order to carry out their functions under this part, the department and the department of agriculture may promulgate rules in addition to those otherwise authorized in this part.

Sec. 9115. (1) Subject to subsection (2), a person engaged in the logging industry, the mining industry, or the plowing or tilling of land for the purpose of crop production or the harvesting of crops is not required to obtain a permit under this part. However, all earth changes …

Sec. 9115a. (1) Notwithstanding any other provision of this part, a person is not required to obtain a permit from a county or municipal enforcing agency for earth changes associated with the following agricultural practices if the earth change activities do not result in or cont…

Sec. 9116. A person who owns land on which an earth change has been made that may result in or contribute to soil erosion or sedimentation of the waters of the state shall implement and maintain soil erosion and sedimentation control measures that will effectively reduce soil ero…

Sec. 9117. If the county enforcing agency or municipal enforcing agency that is responsible for enforcing this part and the rules promulgated under this part determines that soil erosion or sedimentation of adjacent properties or the waters of the state has or will reasonably occ…

Sec. 9118. Within 5 days after a notice of violation has been issued under section 9117, a person who owns land subject to this part and the rules promulgated under this part shall implement and maintain soil erosion and sedimentation control measures in conformance with this par…

Sec. 9119. Except as otherwise provided in this section, not sooner than 5 days after notice of violation of this part has been mailed under section 9117, if the condition of the land, in the opinion of the county enforcing agency or municipal enforcing agency, may result in or c…

Sec. 9120. (1) All expenses incurred by a county enforcing agency or a municipal enforcing agency under section 9119 to construct, implement, and maintain soil erosion and sedimentation control measures to bring land into conformance with this part and the rules promulgated under…

Sec. 9121. (1) A person who violates this part is responsible for either of the following: (a) If the action is brought by a county enforcing agency or a municipal enforcing agency of a local unit of government that has enacted an ordinance under this part that provides a penalty…

Sec. 9122. If any provision of this part is declared by a court to be invalid, the invalid provision shall not affect the remaining provisions of the part that can be given effect without the invalid provision. The validity of the part as a whole or in part shall not be affected,…

Sec. 9123. (1) Beginning 3 years after the effective date of the 2000 amendments to this section, each individual who is responsible for administering this part and the rules promulgated under this part or a local ordinance and who has decision-making authority for soil erosion a…

Sec. 9123a. (1) The soil erosion and sedimentation control training fund is created within the state treasury. (2) The state treasurer may receive money or other assets from any source for deposit into the soil erosion and sedimentation control training fund. The state treasurer …

Sec. 9301. As used in this part: (a) "Agency of this state" includes the government of this state and any subdivision, agency, or instrumentality, corporate or otherwise, of the government of this state. (b) "Board" or "conservation district board" means the governing body of a c…

Sec. 9302. It is the policy of the legislature to provide for the conservation of the natural resources of the state, including soil, water, farmland, forestland, and other natural resources, and to provide for the control and prevention of soil erosion, and thereby to conserve t…

Sec. 9303. (1) The business that a conservation district board may perform shall be conducted at a public meeting of the board held in compliance with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275. Public notice of the time, date, and place of the meeting shall be give…

Sec. 9304. In addition to the other duties and powers conferred upon the department under this part, the department has the following duties and powers: (a) To offer such assistance as may be appropriate to the directors of conservation districts in implementing any of their resp…

Sec. 9304a. (1) The conservation species advisory panel is created within the department. The conservation species advisory panel shall consist of the following members selected by the director of the department and approved by the commission of agriculture: (a) Two representativ…

Sec. 9305. (1) Boundaries of conservation districts shall include cities, townships, and incorporated villages. (2) A conservation district's board may petition the department to change the district's name. The petition form shall be provided by the department. The department sha…

Sec. 9307. (1) A conservation district board shall consist of 5 directors elected or appointed as provided in this part. The board shall designate a chairperson annually. (2) Except as provided in subsection (6), the term of office of each director is 4 years. Except as otherwise…

Sec. 9308. (1) A conservation district organized under this part constitutes a governmental subdivision of this state and a public body corporate and politic, exercising public powers, and a conservation district and the conservation district board has all of the following powers…

Sec. 9309. The directors of any 2 or more districts organized under this part may cooperate with one another in the exercise of any or all powers conferred in this part.

Sec. 9310. (1) Agencies of this state that have jurisdiction over, or are charged with the administration of, any state owned lands, and agencies of any county or other governmental subdivision of the state that have jurisdiction over, or are charged with the administration of, a…

Sec. 9312. (1) One or more conservation districts may petition the department for a revision in the boundaries of 1 or more conservation districts. The department shall not take action on the petition unless it is signed by a majority of the directors of each of the districts inv…

Sec. 9313. The necessary expenses of any conservation districts shall be made from appropriations made for those purposes.

Sec. 9501. As used in this part: (a) "Approved holding tank" means a holding tank certified by the United States coast guard under part 159 of subchapter O of chapter I of title 33 of the code of federal regulations, 33 C.F.R. part 159. (b) "Discharge" means spilling, leaking, pu…

Sec. 9502. (1) A person shall not place, throw, deposit, discharge, or cause to be discharged into or onto the waters of this state, any litter, sewage, oil, or other liquid or solid materials that render the water unsightly, noxious, or otherwise unwholesome so as to be detrimen…