Sec. 35323.
A structure or use located in a critical dune area that is destroyed by fire, other than arson for which the owner is found to be responsible, or an act of nature, except for erosion, is exempt from the operation of this part or a zoning ordinance under this part for the purpose of rebuilding or replacing the structure or use, if the structure or use was lawful at the time it was constructed or commenced. A replacement structure and its use may differ from that which was destroyed if it does not exceed in size or scope that which was destroyed.
History: Add. 1995, Act 59, Imd. Eff. May 24, 1995 ;-- Am. 2012, Act 297, Imd. Eff. Aug. 7, 2012 Popular Name: Act 451Popular Name: NREPA
Structure 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-LAND-HABITATS - Land Habitats (324.35101...324.36207)
Section 324.35301 - Definitions.
Section 324.35302 - Legislative Findings.
Section 324.35305 - Hearing; Judicial Review.
Section 324.35306 - Lawful Use of Land or Structure; Exemptions.
Section 324.35308 - Prohibited Uses; Exception.
Section 324.35311 - Review of “Atlas of Critical Dune Areas”; Appointment and Duties of Review Team.
Section 324.35311a - Construction, Improvement, and Maintenance of Driveways.
Section 324.35311b - Construction, Improvement, and Maintenance of Accessibility Measures.
Section 324.35312 - Zoning Ordinance; Provisions; Regulation of Additional Lands.
Section 324.35314 - Zoning Ordinance; Provisions; Review of Subdivision Development.
Section 324.35315 - Zoning Ordinance; Prohibited Uses in Critical Dune Area.
Section 324.35318 - Request for Revaluation to Determine Fair Market Value.
Section 324.35319 - Environmental Assessment; Contents.
Section 324.35320 - Environmental Impact Statement; Contents.
Section 324.35321 - Review of Site Plan; Duties of Planning Commission.
Section 324.35322 - Special Use Project Application, Plan, and Proposed Decision; Review; Action.
Section 324.35323 - Destruction of Structure or Use; Exemption; Replacement.
Section 324.35324 - Management of Federally Owned and State Owned Land.
Section 324.35325 - Purchase of Lands or Interests in Lands; Purpose.
Section 324.35326 - Repealed. 2012, Act 297, Imd. Eff. Aug. 7, 2012