HOUSE BILL No. 6410


     September 24, 2002, Introduced by Reps. Kolb and Lipsey and referred to the Committee on Land Use and Environment.


        A bill to amend 1994 PA 451, entitled

   "Natural resources and environmental protection act,"

   by amending section 30301 (MCL 324.30301), as added by 1995 PA

   59, and by adding section 30312a.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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             Sec. 30301.  As used in this part:

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             (A) "DEPARTMENT" MEANS THE DEPARTMENT OF ENVIRONMENTAL

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        QUALITY.

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             (B) "DIRECTOR" MEANS THE DIRECTOR OF THE DEPARTMENT.

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             (C)  (a)  "Fill material" means soil, rocks, sand, waste of

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        any kind, or any other material that displaces soil or water or

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        reduces water retention potential.

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             (D)  (b)  "Minor drainage" includes ditching and tiling for

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        the removal of excess soil moisture incidental to the planting,

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        cultivating, protecting, or harvesting of crops or improving the


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        productivity of land in established use for agriculture,

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        horticulture, silviculture, or lumbering.

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             (E) "MITIGATION WETLAND" MEANS WETLAND CREATED UNDER SECTION

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        30312, AS A CONDITION OF A PERMIT, TO MITIGATE THE IMPACT OF A

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        DISCHARGE OF FILL MATERIAL.

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             (F)  (c)  "Person" means an individual, sole proprietorship,

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        partnership, corporation, association, municipality, this state

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         , and  OR AN instrumentality or agency of this state, the fed-

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        eral government  ,  or an instrumentality or agency of the fed-

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        eral government, or other legal entity.

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             (G)  (d)  "Wetland" means land characterized by the presence

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        of water at a frequency and duration sufficient to support, and

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        that under normal circumstances does support, wetland vegetation

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        or aquatic life, and is commonly referred to as a bog, swamp, or

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        marsh and which is any of the following:

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             (i) Contiguous to the Great Lakes or Lake St. Clair, an

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        inland lake or pond, or a river or stream.

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             (ii) Not contiguous to the Great Lakes, an inland lake or

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        pond, or a river or stream; and more than 5 acres in size; except

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        this subparagraph  shall not be of effect  DOES NOT APPLY, except

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        for the purpose of inventorying, in counties of less than 100,000

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        population until the department certifies to the commission it

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        has substantially completed its inventory of wetlands in that

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        county.

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             (iii) Not contiguous to the Great Lakes, an inland lake or

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        pond, or a river or stream; and 5 acres or less in size if the

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        department determines that protection of the area is essential to



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        the preservation of the natural resources of the state from

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        pollution, impairment, or destruction and the department has so

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        notified the owner; except this subparagraph may be utilized

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        regardless of wetland size in a county in which subparagraph (ii)

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         is of no effect  DOES NOT APPLY; except for the purpose of

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        inventorying, at the time.

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             SEC. 30312A.  (1) WITHIN 60 DAYS AFTER THE EFFECTIVE DATE OF

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        THE AMENDATORY ACT THAT ADDED THIS SECTION, THE DIRECTOR SHALL

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        CONVENE A MITIGATION WETLAND WORKGROUP.  THE WORKGROUP SHALL

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        INCLUDE AT LEAST 1 REPRESENTATIVE OF EACH OF THE FOLLOWING:

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             (A) THE DEPARTMENT.

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             (B) BUSINESS AND INDUSTRY INTERESTS.

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             (C) ENVIRONMENTAL PROTECTION ORGANIZATIONS.

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             (D) CONSERVATION ORGANIZATIONS.

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             (E) LOCAL GOVERNMENT.

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             (F) THE GENERAL PUBLIC.

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             (2) MEMBERS OF THE WORKGROUP SHALL SERVE WITHOUT COMPENSA-

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        TION FROM THE DEPARTMENT, EXCEPT THAT DEPARTMENT REPRESENTATIVES

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        SHALL RECEIVE THEIR NORMAL SALARY.  MEMBERS OF THE WORKGROUP MAY

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        BE REIMBURSED FOR THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN

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        THE PERFORMANCE OF THEIR OFFICIAL DUTIES AS MEMBERS OF THE

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        WORKGROUP.

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             (3) THE WORKGROUP SHALL DO ALL OF THE FOLLOWING:

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             (A) DETERMINE WHETHER THE DEPARTMENT HAS BEEN COMPLYING WITH

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        STANDARDS SET FORTH IN THIS PART AND RULES PROMULGATED UNDER THIS

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        PART IN DETERMINING WHETHER TO ISSUE PERMITS UNDER THIS PART.





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             (B) DETERMINE REASONS WHY MITIGATION WETLAND HAS IN SOME

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        CASES FAILED TO PERFORM ITS INTENDED FUNCTION.

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             (C) DETERMINE REASONS WHY MITIGATION WETLAND HAS IN SOME

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        CASES NOT BEEN CREATED AS REQUIRED BY THE DEPARTMENT.

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             (D) RECOMMEND STANDARDS FOR TRACKING COMPLIANCE WITH

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        REQUIREMENTS TO CREATE MITIGATION WETLAND.

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             (E) RECOMMEND CONSTRUCTION STANDARDS FOR MITIGATION

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        WETLAND.

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             (F) RECOMMEND STANDARDS TO DETERMINE WHETHER MITIGATION WET-

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        LAND PERFORMS ITS INTENDED FUNCTION.

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             (G) RECOMMEND CHANGES IN SANCTIONS FOR FAILURE TO CREATE

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        MITIGATION WETLAND SUCH AS INCREASED FINES AND BEING INELIGIBLE

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        TO OBTAIN A PERMIT UNDER THIS PART.

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             (4) BY 1 YEAR AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT

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        THAT ADDED THIS SECTION, THE WORKGROUP CREATED UNDER SUBSECTION

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        (1) SHALL SUBMIT A COPY OF A REPORT OF ITS FINDINGS AND RECOMMEN-

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        DATIONS TO THE STANDING COMMITTEES OF THE SENATE AND THE STANDING

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        COMMITTEES OF THE HOUSE OF REPRESENTATIVES WITH PRIMARY JURISDIC-

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        TION OVER NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ISSUES.



















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