February 19, 2008, Introduced by Reps. Sheen, Wenke, Shaffer, Meekhof, Marleau and Stakoe and referred to the Committee on Great Lakes and Environment.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 30311 (MCL 324.30311), as added by 1995 PA 59.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 30311. (1) A permit for an activity listed in section
30304 shall not be approved unless the department determines that
the issuance of a permit is in the public interest, that the permit
is necessary to realize the benefits derived from the activity, and
that the activity is otherwise lawful.
(2) In determining whether the activity is in the public
interest,
the benefit benefits which reasonably may be expected to
accrue from the proposal shall be balanced against the reasonably
foreseeable detriments of the activity. The decision shall reflect
the national and state concern for the protection of natural
resources from pollution, impairment, and destruction. The
following general criteria shall be considered:
(a) The relative extent of the public and private need for the
proposed activity. The applicant's assertion of the private need
for the activity shall be presumed to be valid.
(b) The availability of feasible and prudent alternative
locations
and methods to accomplish achieve
the expected benefits
from the activity. In determining whether an alternative location
is feasible and prudent, the department shall consider all of the
following:
(i) Whether the alternative location is on the same parcel or
tract as the proposed location.
(ii) If the alternative location is not on the same parcel or
tract as the proposed location, whether the alternative location is
already owned by the applicant.
(iii) Whether the proposed activity would be related to and
benefit, or be benefited by, an existing developed use of the
proposed location.
(c) The extent and permanence of the beneficial or detrimental
effects that the proposed activity may have on the public and
private uses to which the area is suited, including the benefits
the wetland provides.
(d)
The probable impact effect
of each proposal in relation to
the cumulative effect created by other existing and anticipated
activities in the watershed.
(e)
The probable impact effect
on recognized historic,
cultural,
scenic, ecological, or and
recreational values, and
on
the
public health, or fish or and on fish and wildlife.
(f) The size of the wetland being considered.
(g) The amount of remaining wetland in the general area.
(h) Proximity to any waterway.
(i) Economic value, both public and private, of the proposed
land change to the general area.
(3) In considering a permit application, the department shall
give serious consideration to findings of necessity for the
proposed activity which have been made by other state agencies.
(4) A permit shall not be issued unless it is shown that the
permitted activity will not result in an unacceptable disruption
will
not result to the aquatic
resources. In determining whether a
disruption to the aquatic resources is unacceptable, the criteria
set forth in section 30302 and subsection (2) shall be considered.
A permit shall not be issued unless the applicant also shows either
of the following:
(a) The proposed activity is primarily dependent upon being
located in the wetland.
(b) A feasible and prudent alternative does not exist.