WETLANDS PROTECTION: EXEMPT DRIVEWAYS

House Bill 5441

Sponsor:  Rep. John Pastor

Committee:  Conservation and Outdoor Recreation

Complete to 6-15-04

A SUMMARY OF HOUSE BILL 5441 AS INTRODUCED 2-3-04

Part 303 (Wetlands Protection) of the Natural Resources and Environmental Protection Act allows a variety of activities to take place in a wetland without a permit, though subject to other state laws and any regulations of the owner.  The bill would add to that list, the construction, maintenance, or widening of a driveway, provided that the project (including after completion) meets the following requirements. 

·                    Alternatives to using the wetland are utilized to the greatest possible extent.

·                    The portion of the driveway that crosses the wetland is as short as possible or located in the area of least impact to the wetland.

·                    The portion of the driveway that crosses the wetland is limited to 200 linear feet.

·                    The portion of the driveway that crosses the wetland is not more than 16 feet wide at the base, though that portion could be larger if the driveway intersects with a public road and the agency with jurisdiction over the road requires a greater width.

·                    There are no ditches associated with the portion of the driveway that crosses wetland.

·                    The driveway terminates at a buildable upland site.

·                    Culverts are placed as necessary to provide for the free flow of surface water and the movement of organisms.

·                    Fill material is placed on filter fabric, or equivalent material, if warranted by soil conditions.

·                    The grade elevation change is not more than six inches, if the project is located in a floodplain.

MCL 324.30305

FISCAL IMPACT:

There would be no fiscal impact on the Department of Environmental Quality or on local governmental units.

                                                                                           Legislative Analyst:   Mark Wolf

                                                                                                  Fiscal Analyst:   Kirk Lindquist

■ This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.