Read the full stored bill text
HB-5082, As Passed House, June 24, 2026
TMV H04083'25_HB5082_APH_1 vqmf1t
HOUSE BILL NO. 5082
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 30321 (MCL 324.30321), as amended by 2018 PA
631.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 30321. (1) The department shall make or cause to be made 1
a preliminary inventory of all wetland in this state on a county by 2
county basis and file the inventory with the agricultural extension 3
office, register of deeds, and county clerk. 4
(2) A person who owns or leases a parcel of property may 5
September 26, 2025, Introduced by Reps. Kunse, Prestin, Bohnak and Beson and referred to
Committee on Natural Resources and Tourism.
2
TMV H04083'25_HB5082_APH_1 vqmf1t
request that the department of environmental quality assess whether 1
the parcel of property or a portion of the parcel is wetland. The 2
request shall satisfy all of the following requirements: 3
(a) Be made on a form provided by the department. 4
(b) Be signed by the person who owns or leases the property. 5
(c) Contain a legal description of the parcel and, if only a 6
portion of the parcel is to be assessed, a description of the 7
portion to be assessed. 8
(d) Include a map showing the location of the parcel. 9
(e) Grant the department or its agent permission to enter on 10
the parcel for the purpose of conducting the assessment. 11
(3) The department shall assess the parcel within a reasonable 12
time 60 days after the request is made. The department may enter 13
upon the parcel to conduct the assessment. Upon completion of the 14
assessment, the department shall provide the person with a written 15
assessment report. The assessment report shall do all of the 16
following: 17
(a) Identify in detail the location of any wetland in the area 18
assessed. 19
(b) If wetland is present in the area assessed, describe the 20
types of activities that require a permit under this part. 21
(c) If the assessment report determines that the area assessed 22
or part of the area assessed is not wetland, state that the 23
department lacks jurisdiction under this part as to the area that 24
the report determines is not wetland and that this determination is 25
binding on the department for 3 years from the date of the 26
assessment. 27
(d) Contain the date of the assessment. 28
(e) Advise that the person may request the department to 29
3
TMV H04083'25_HB5082_APH_1 vqmf1t
reassess the parcel or any part of the parcel that the person 1
believes was erroneously determined to be wetland if the request is 2
accompanied by evidence pertaining to wetland vegetation, soils, or 3
hydrology that is different from or in addition to the information 4
relied upon by the department. 5
(f) Advise that the assessment report does not constitute a 6
determination of wetland that may be regulated under local 7
ordinance or wetland areas that may be regulated under federal law 8
and advise how a determination of wetland areas regulated under 9
federal law may be obtained. 10
(g) List regulatory programs that may limit land use 11
activities on the parcel, advise that the list is not exhaustive, 12
and advise that the assessment report does not constitute a 13
determination of jurisdiction under those programs. The regulatory 14
programs listed shall be those under the following parts: 15
(i) Part 31, with respect to floodplains and floodways. 16
(ii) Part 91. 17
(iii) Part 301. 18
(iv) Part 323. 19
(v) Part 325. 20
(vi) Part 353. 21
(4) A wetland is not contiguous to the Great Lakes or Lake St. 22
Clair, an inland lake or pond, or a river or stream if the 23
department determines that there is no direct physical contact and 24
no surface water or interflowing groundwater connection to such a 25
body of water. 26
(5) A person may request that, as part of an assessment, the 27
department make a determination whether a wetland is contiguous to 28
the Great Lakes, Lake St. Clair, an inland lake or pond, or a 29
4
TMV H04083'25_HB5082_APH_1 vqmf1t
stream. The department shall make the determination in writing 1
within 30 days after an on-site evaluation. As used in this 2
subsection, "pond" does not include a farm or stock pond 3
constructed consistent with the exemption under section 4
30305(2)(g). 5
(6) The department shall not consider an agricultural drain, 6
as defined in section 30305, in determining whether a wetland is 7
contiguous to the Great Lakes or Lake St. Clair, an inland lake or 8
pond, or a river or stream. 9
(7) A drainage structure such as a culvert, ditch, or channel, 10
in and of itself, is not a wetland. A temporary obstruction of 11
drainage, in and of itself, is not a wetland until the presence of 12
water is of sufficient frequency and duration to be identified as 13
wetland pursuant to section 30301(4). 14
(8) A person may request the department to reassess any area 15
assessed under subsections (2) and (3) that the person believes the 16
department erroneously determined to be wetland. The requirements 17
of subsections (2) and (3) apply to the request, assessment, and 18
assessment report. However, the request shall be accompanied by 19
evidence pertaining to wetland vegetation, soils, or hydrology that 20
is different from or in addition to the information relied upon by 21
the department. The assessment report shall not contain the 22
information required by subsection (3)(e). 23
(9) If an assessment report determines that the area assessed 24
or part of the area assessed is not a wetland regulated by the 25
department under this part, then the area determined by the 26
assessment report not to be a wetland is not a wetland regulated by 27
the department under this part for a period of 3 years after the 28
date of the assessment. 29
5
Final Page
TMV H04083'25_HB5082_APH_1 vqmf1t
(10) The department may shall not charge a fee for an 1
assessment requested under subsection (2). based upon the cost to 2
the department of conducting an assessment. 3
(11) There shall be no fee for an assessment under the 4
blueberry production assistance program. 5
(11) (12) The department shall, upon request of the applicant 6
and without charge, provide to the applicant a copy of any 7
delineation forms completed by the department associated with a 8
permit application. 9