Michigan Compiled Laws
451-1994-III-1-INLAND-WATERS-303 - Part 303 Wetlands Protection (324.30301...324.30329)
Section 324.30306b - Preapplication Meeting; Fee; Withdrawal of Request; Refund of Fee; Duration of Written Agreement.

***** 324.30306b THIS SECTION IS REPEALED BY ACT 98 OF 2013 EFFECTIVE 160 DAYS AFTER THE EFFECTIVE DATE, AS PUBLISHED IN THE FEDERAL REGISTER, OF AN ORDER BY THE ADMINISTRATOR OF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY UNDER 40 CFR 233.53(c)(8)(vi) WITHDRAWING APPROVAL OF THE STATE PROGRAM UNDER 33 USC 1344(g) AND (h). (See enacting section 2 of Act 98 of 2013.) *****
Sec. 30306b.
(1) If a preapplication meeting is requested in writing by the landowner or another person who is authorized in writing by the landowner, the department shall meet with the person or his or her representatives to review a proposed project or a proposed permit application in its entirety. The preapplication meeting shall take place at the department's district office for the district that includes the project site or at the project site itself, as specified in the request.
(2) Except as provided in this subsection, the request shall be accompanied by a fee. The fee for a preapplication meeting at the district office is $150.00. The fee for a preapplication meeting at the project site is $250.00 for the first acre or portion of an acre of project area, plus $50.00 for each acre or portion of an acre in excess of the first acre, but not to exceed a fee of $1,000.00. However, both of the following apply:
(a) If the location of the project is a single family residential lot that is less than 1 acre in size, there is no fee for a preapplication meeting at the district office, and the fee for a preapplication meeting at the project site is $100.00.
(b) There is no fee for a preapplication meeting for cranberry and blueberry production activities, whether at the district office or project site.
(3) If the person withdraws the request at least 24 hours before the preapplication meeting, the department may agree with the person to reschedule the meeting or shall promptly refund the fee and need not meet as provided in this section. Otherwise, if, after agreeing to the time and place for a preapplication meeting, the person requesting the meeting is not represented at the meeting, the person shall forfeit the fee for the meeting. If, after agreeing to the time and place for a preapplication meeting, the department is not represented at the meeting, the department shall refund the fee and send a representative to a rescheduled meeting to be held within 10 days after the first scheduled meeting date.
(4) Any written agreement provided by the department as a result of the preapplication meeting regarding the need to obtain a permit is binding on the department for 2 years after the date of the agreement.
History: Add. 2006, Act 435, Imd. Eff. Oct. 5, 2006 ;-- Am. 2009, Act 120, Eff. Nov. 6, 2009 ;-- Am. 2010, Act 180, Imd. Eff. Sept. 30, 2010 ;-- Am. 2013, Act 98, Imd. Eff. July 2, 2013 Compiler's Notes: Enacting section 1 of Act 120 of 2009 provides:"Enacting section 1. This amendatory act does not take effect unless both of the following requirements are met:"(a) $4,000,000.00 from the cleanup and redevelopment trust fund created in section 3e of 1976 IL 1, MCL 445.573e, and $4,000,000.00 from the community pollution prevention fund created in section 3f of 1976 IL 1, MCL 445.573f, is appropriated by the legislature to the environmental protection fund created in section 503a of the natural resources and environmental protection act, 1994 PA 451, MCL 324.503a."(b) $2,000,000.00 is appropriated by the legislature from the environmental protection fund to support the program under part 303 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.30301 to 324.30329."Popular Name: Act 451Popular Name: NREPAPopular Name: Wetland Protection Act

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 324 - Natural Resources and Environmental Protection

Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106)

Article III - Natural Resources Management (324.30101...324.83109)

451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507)

451-1994-III-1-INLAND-WATERS - Inland Waters (324.30101...324.31713)

451-1994-III-1-INLAND-WATERS-303 - Part 303 Wetlands Protection (324.30301...324.30329)

Section 324.30301 - Definitions; Technical Wetland Delineation Standards.

Section 324.30302 - Legislative Findings; Criteria to Be Considered in Administration of Part.

Section 324.30303 - Studies Regarding Wetland Resources; Contracts; Study as Public Record for Distribution at Cost; Identification of Land Suitable for Cranberry Production Activities.

Section 324.30303b - Repealed. 2009, Act 120, Eff. Oct. 1, 2012.

Section 324.30303d - Repealed. 2009, Act 120, Eff. Oct. 1, 2012.

Section 324.30304 - Prohibited Activities.

Section 324.30304b - Issuance of State Programmatic General Permits; Agreement With United States Army Corps of Engineers; Applicability of Subsections (2) and (3).

Section 324.30305 - Activities Not Requiring Permit Under Part; Uses Allowed Without Permit; Farming Operation in Wetland Not Requiring Permit; Incidental Creation of Wetland; Area Created as Result of Commercial Excavation; Activities Not Subject to...

Section 324.30305b - Cranberry Beds.

Section 324.30306 - Permit for Use or Development Listed in MCL 324.30304; Filing, Form, and Contents of Application; Proposed Use or Development as Single Permit Application; Fee; Work Done in Violation of Permit Requirement; Fee Refund; Conditional...

Section 324.30306b - Preapplication Meeting; Fee; Withdrawal of Request; Refund of Fee; Duration of Written Agreement.

Section 324.30307 - Hearing; Location; Notice; Approval or Disapproval of Permit Application; Appeal; Legal Action; Website and Electronic Notification of Pending Permit Applications, Public Notices, and Public Hearing Schedules; Effect of Ordinance...

Section 324.30308 - Adoption of Wetlands Ordinance by Local Unit of Government; Availability of Wetland Inventory; Completion of Inventory Map; Notice; Enforceable Presumptions Not Created; Processing Wetland Use Applications.

Section 324.30309 - Regulation by Local Unit of Government of Wetland Less Than 2 Acres; Permit Application; Determination.

Section 324.30310 - Regulation by Local Unit of Government of Wetland Less Than 2 Acres; Revaluation for Assessment Purposes; Protest and Appeal; Judicial Review; Right to Initiate Proceedings Not Limited by Section.

Section 324.30311 - Permit for Activity Listed in MCL 324.30304; Approval Conditioned on Certain Determinations; Criteria; Findings of Necessity; Criteria for Determining Unacceptable Disruption to Aquatic Resources; Additional Showing; Feasible and...

Section 324.30311a - Guideline, Bulletin, Interpretive Statement, or Form With Instructions; Effect.

Section 324.30311b - Permit; Validity; Duration; Conditions.

Section 324.30311d - Compensatory Wetland Mitigation; Methods; Submission of Mitigation Plan; Financial Assurance.

Section 324.30312 - Minor Project Categories of Activities; General Permit for Category of Activities; Notice and Public Hearing; Determinations; Requirements and Standards; Duration of General Permit; Determination of More Than Minimal Adverse Effec...

Section 324.30312b - Repealed. 2009, Act 120, Eff. Oct. 1, 2012.

Section 324.30312d - Blueberry Production Assistance Program.

Section 324.30312f - Voluntary Wetland Restoration Program; Permit Applications; Exceptions; Eligible Applicants; Review and Approval Process; Joint Agency Restoration Committee; Qualified Activities; Applicability to Former Wetlands.

Section 324.30313 - Grounds for Revocation or Modification of General Permit; Grounds for Termination or Modification for Cause of General Permit.

Section 324.30313b - Minor Permit Revisions.

Section 324.30314 - Information Required to Obtain Compliance With Part; Conditions for Entering on Premises.

Section 324.30315 - Violation; Order Requiring Compliance; Civil Action.

Section 324.30316 - Civil Action; Commencement; Request; Venue; Jurisdiction; Violations; Civil Fines and Penalties; Restoration of Wetland; Award of Attorney Fees.

Section 324.30317 - Disposition of Fees and Civil Fines; Expenditures; Report.

Section 324.30318 - Revaluation of Property for Assessment Purposes.

Section 324.30319 - Rules; Hearing; Award of Costs; Judicial Review; Proceedings to Protect Wetland Owner's Rights.

Section 324.30320 - Inventories of Wetland; Use; Updating; Maps, Ground Surveys, and Descriptions as Public Documents; Availability and Cost of Aerial Photographs and Satellite Telemetry Data Reproduction to County Register of Deeds.

Section 324.30321 - Basis and Filing of Preliminary Inventory of Wetland; Assessment of Property; Report; Determination; Agricultural Drain; Culvert, Ditch, or Channel; Assessment; Fee; Providing Copy of Delineation Forms.

Section 324.30322 - Notice to Owners of Record of Change in Status of Property.

Section 324.30323 - Legal Rights or Authority Not Abrogated; Action to Determine if Property Taken Without Just Compensation; Court Order; Limitation on Value of Property.

Section 324.30325 - Repealed. 2013, Act 98, Imd. Eff. July 2, 2013.

Section 324.30327 - Certifications by Department Under Federal Water Pollution Control Act.

Section 324.30328 - Applicability to "Navigable Waters" and "Waters of the United States" as Defined Under Federal Law.

Section 324.30329 - Repealed. 2009, Act 120, Eff. Apr. 1, 2013.