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HB-5485, As Passed House, July 3, 2026
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SUBSTITUTE FOR
HOUSE BILL NO. 5485
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 31502, 31503, 31504, 31505, 31506, 31507,
31508, 31509, 31510, 31511, 31513, 31515, 31516, 31517, 31518,
31520, 31521, and 31523 (MCL 324.31502, 324.31503, 324.31504,
324.31505, 324.31506, 324.31507, 324.31508, 324.31509, 324.31510,
324.31511, 324.31513, 324.31515, 324.31516, 324.31517, 324.31518,
324.31520, 324.31521, and 324.31523), sections 31502, 31503, 31504,
31505, 31507, 31508, 31510, 31511, 31513, 31515, 31516, 31517,
31518, 31520, 31521, and 31523 as added by 1995 PA 59, section
31506 as amended by 1995 PA 100, and section 31509 as amended by
2004 PA 325, and by adding sections 31506a, 31509a, 31509b, 31517a,
31518a, 31518b, 31518c, 31518d, 31528a, and 31528b.
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THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 31502. (1) "Abandonment" means an affirmative act on the 1
part of an owner to discontinue maintenance or operation of a 2
dam."Additional spillway capacity" means modification to an 3
existing spillway or construction of an auxiliary spillway to 4
increase flow conveyance capabilities of the dam. 5
(2) "Administrative procedures act of 1969" means Act No. 306 6
of the Public Acts of 1969, being sections 24.201 to 24.328 of the 7
Michigan Compiled Laws.the administrative procedures act of 1969, 8
1969 PA 306, MCL 24.201 to 24.328. 9
(3) "Alteration" means a change in the design of an existing 10
dam that directly affects or may directly affect the structural 11
integrity of a dam. 12
(4) "Appurtenant works" means the structure or machinery 13
incident to or annexed to a dam that is built to operate and 14
maintain a dam, including spillways, any of the following: 15
(a) Spillways, either in a dam or separate from the dam. ; low 16
(b) Low level outlet works. ; and water 17
(c) Water conduits such as tunnels, pipelines, or penstocks, 18
located either through the dam or through the abutments of the dam. 19
(5) "Auxiliary spillway" means a secondary spillway which that 20
is operational at all times and does not require stoplog removal or 21
gate manipulation.designed to activate or be operated only during 22
large flood flow events. 23
(6) "Dam" means an artificial barrier, including dikes, 24
embankments, and appurtenant works , that impounds, meets all of 25
the following requirements: 26
(a) Impounds, diverts, or is designed to impound or divert 27
water or a combination of water and any other liquid or material in 28
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the water. ; that is 1
(b) Is, or will be when complete, 6 feet or more in height. ; 2
and that has 3
(c) Has or will have an 1 of the following: 4
(i) An impounding capacity at design flood elevation of 5 5
surface acres or more. Dam 6
(ii) An impounding capacity at design flood elevation of 15 7
acre-feet or more. 8
(7) Dam does not include a storage or processing tank or 9
standpipe constructed of steel or concrete, a roadway embankment 10
not designed to impound water, or a dug pond where there is no 11
impoundment of water or waste materials containing water at levels 12
above adjacent natural grade levels. 13
(8) (7) "Days" means calendar days, including Sundays and 14
holidays. 15
(9) (8) "Design flood" means the design flow rate for spillway 16
capacity and dam height design. 17
(10) (9) "Design flood elevation" means the maximum flood 18
elevation that is considered in the design of the spillway capacity 19
and freeboard for a dam. 20
(11) (10) "Downstream toe elevation" means the elevation of 21
the lowest point of intersection between the downstream slope of an 22
earthen embankment and the natural ground. 23
Sec. 31503. (1) "Emergency action plan" means a plan developed 24
by the owner that establishes procedures for notification of the 25
department, public off-site authorities, and other agencies of the 26
emergency actions to be taken prior to before, during, and 27
following after an impending or actual failure of a dam. 28
(2) "Enlargement" means any change in or addition to an 29
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existing dam which that raises or may raise the design flood 1
elevation of the water impounded by the dam. 2
(3) "Failed dam" means a dam not capable of impounding water 3
at its intended level due to a structural deficiency. 4
(4) "Failure" means an incident resulting in an unplanned or 5
uncontrolled release of water from a dam. 6
(5) "Flood of record" means the greatest flow rate determined 7
by the department to have occurred at a particular location. 8
(6) "Freeboard" means the vertical distance between the design 9
flood elevation and the lowest point of the top of the dam. 10
(7) "Half probable maximum flood" means the largest flood that 11
may reasonably occur over a watershed , and is derived from the 12
combination of hydrologic runoff parameters and the half probable 13
maximum storm precipitation that produces the maximum runoff. 14
(8) "Half probable maximum storm" precipitation" means the 15
spatial and temporal distribution of the probable maximum 16
precipitation, divided by 2, that produces the maximum volume of 17
precipitation over a watershed. 18
(9) "Hazard potential classification" means a reference to the 19
potential for loss of life, property damage, and environmental 20
damage in the area downstream of a dam in the event of failure of 21
the dam or appurtenant works. 22
(10) "Height" means the difference in elevation measured 23
vertically between the natural bed of a stream or watercourse at 24
the downstream toe of the dam, or, if it is not across a stream 25
channel or watercourse, from the lowest elevation of the downstream 26
toe of the dam, to the design flood elevation or to the lowest 27
point of the top of the dam, whichever is less. 28
(11) "High hazard potential dam" means a dam located in an 29
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area where a failure may cause serious damage to inhabited homes, 1
agricultural buildings, campgrounds, recreational facilities, 2
industrial or commercial buildings, public utilities , main 3
highways, or in areas with a population density greater than or 4
equal to 5,000 people per square mile, interstate roads, other 5
freeway roads, other principal arterial roads as defined in the 6
National Functional Classification (NFC) system, class I carrier 7
railroads, or where environmental degradation or natural resource 8
damage would be significant, or where danger to individuals exists 9
with the potential for loss of life. 10
Sec. 31504. (1) "Impoundment" means the water held back by a 11
dam. 12
(2) "Inflow design flood" means the flood hydrograph entering 13
the reservoir that is used to design or modify a specific dam and 14
its appurtenant works, including, but not limited to, sizing the 15
spillway and outlet works and evaluating the maximum storage, 16
height of the dam, and freeboard requirements. 17
(3) (2) "Low hazard potential dam" means a dam located in an 18
area where failure may cause damage limited to agriculture, 19
uninhabited buildings, structures, or township or county minor 20
collector roads, local roads, or nonrated roadways as defined in 21
the National Functional Classification (NFC) system, where 22
environmental degradation would be minimal, and where danger to 23
individuals is slight or nonexistent. 24
(4) (3) "Maintenance" means the upkeep of a dam and its 25
impoundment and appurtenant works but does not include alterations 26
or repairs. 27
(5) (4) "One-hundred year flood" means a flood that has a 1% 28
chance of being equaled or exceeded in any given year. 29
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(6) (5) "Owner" means a person who that owns, leases, 1
controls, operates, maintains, manages, or proposes to construct a 2
dam. 3
(7) "Probable maximum flood" means the largest flood that may 4
reasonably occur over a watershed and is derived from the 5
combination of hydrologic runoff parameters and the probable 6
maximum precipitation that produces the maximum runoff. 7
(8) (6) "Probable maximum precipitation" means the 8
theoretically greatest depth of precipitation for a given duration 9
that is physically possible over a given size storm area at a 10
particular geographic location at a certain time of year. 11
Sec. 31505. (1) "Removal" means the physical elimination of a 12
dam or impoundment. 13
(2) "Repair" means to substantially restore a dam to its 14
original condition and includes only such restoration as that may 15
directly affect the structural integrity of the dam. 16
(3) "Riparian owner" means a person who that has riparian 17
rights. 18
(4) "Riparian rights" means rights which that accrue by 19
operation of law to a landowner on the banks of an inland lake or 20
stream. 21
(5) "Significant hazard potential dam" means a dam located in 22
an area where its failure may cause damage limited to isolated 23
inhabited homes, agricultural buildings, structures, secondary 24
highways, short line or minor arterial roads or major collector 25
roads as defined in the National Functional Classification (NFC) 26
system, railroads not classified as class I, or public utilities in 27
areas with a population density less than 5,000 people per square 28
mile, where environmental degradation may be significant, or where 29
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danger to individuals exists. 1
(6) "Spillway" means a waterway in or about a dam designed for 2
the discharge of water. 3
(7) "Spillway capacity" means the maximum rate of discharge 4
that will pass through a spillway at design flood elevation. 5
(8) "Two-hundred year flood" means a flood that has a 0.5% 6
chance of being equaled or exceeded in any given year. 7
Sec. 31506. (1) Except as otherwise provided in subsections 8
(2) and (3), dams and impoundments in the this state are under the 9
jurisdiction of the department. 10
(2) The following are exempt from this part: 11
(a) Projects licensed, projects that have preliminary permits, 12
or projects for which an application for licensure has been filed 13
under the federal power act, chapter 285, 41 Stat. 1063, 16 U.S.C. 14
791a to 793, 796 to 797, 798 to 818, 820 to 824a, and 824b to 825r, 15
if federal dam safety inspection provisions apply during the 16
license period and the inspection reports are provided to the 17
department. 18
(a) (b) Projects located on boundary waters under the 19
jurisdiction and supervision of the United States army corps Army 20
Corps of engineers.Engineers. 21
(b) (c) Impoundments licensed pursuant to under part 115 that 22
contain or are designed to contain type III wastes as defined in 23
rules promulgated under that part. 24
(3) Until January 1, 1998, a permit shall not be required 25
under this part for the repair, reconstruction, or improvement of a 26
dam, a portion of which is at least 75 years old, was damaged or 27
destroyed by an act of God and is located in a county that has a 28
per capita income of less than $8,500.00. However, a person who is 29
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performing a project for the repair, reconstruction, or improvement 1
of a dam that is exempt from obtaining a permit under this 2
subsection shall submit to the department and the joint capital 3
outlay committee plans and specifications for the project. These 4
plans and specifications shall be prepared by a licensed 5
professional engineer and shall meet acceptable standards in the 6
industry in order for a dam to be repaired, reconstructed, or 7
improved. In reviewing plans and specifications for the project, 8
the joint capital outlay committee may recommend environmental 9
considerations to protect water quality such as underspill devices, 10
minimum flow releases and removal of contaminated sediments that 11
may be resuspended in the water column upon impoundment. Such 12
contaminated sediments shall be disposed of in accordance with 13
state law.For a dam licensed under the federal power act, 16 USC 14
791a to 825r, the registration and comprehensive evaluation report 15
under sections 31509a and 31518a are not required if the owner has 16
provided all copies of information required under sections 31509a 17
and 31518a to the department. If safety of design or construction 18
requirements under the federal power act, 16 USC 791a to 825r, are 19
so contradictory with the requirements made by the department under 20
this part that a compliance cannot be made that will meet both 21
federal and state requirements, then the state requirements must be 22
modified by the department sufficiently to make possible compliance 23
with both the federal and state requirements. Documents submitted 24
under this section and section 31506a that are designated critical 25
energy infrastructure by the United States Department of Energy 26
under section 215A(d) of the federal power act, 16 USC 824o-1, are 27
not subject to the freedom of information act, 1976 PA 442, MCL 28
15.231 to 15.246. 29
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Sec. 31506a. If a dam or impoundment was previously licensed 1
or is currently licensed under the federal power act, 16 USC 791a 2
to 825r, and the dam or impoundment subsequently comes under the 3
jurisdiction of this state, the owner shall provide the department 4
with the full inventory of information that was previously provided 5
to the Federal Energy Regulatory Commission as part of the 6
requirements for licensure under the federal power act, 16 USC 791a 7
to 825r. 8
Sec. 31507. (1) A person shall not construct, enlarge, repair, 9
reconstruct, alter, or remove , or abandon any a dam except in a 10
manner provided for in this part. 11
(2) This section does not apply to maintenance performed on a 12
dam that does not affect the structural integrity of the dam. 13
Sec. 31508. (1) Except as otherwise provided in subsection 14
(2), a A licensed professional engineer shall prepare all plans and 15
specifications, except for minor projects undertaken pursuant to 16
under section 31513. 17
(2) A person who is not a licensed professional engineer may 18
prepare plans and specifications only for repairs or alterations to 19
a dam where the application is made by a nonprofit organization 20
under the following circumstances:Plans and specifications prepared 21
under subsection (1) must include documentation that demonstrates 22
that the licensed professional engineer or design team preparing 23
the plans and specifications has successfully completed or been in 24
consultation with licensed professional engineers who have, at a 25
minimum, completed 5 similar projects, including any of the 26
following project types: 27
(a) The nonprofit organization has assets of less than 28
$30,000.00, is exempt from taxation under section 501(c)(3) of the 29
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internal revenue code of 1986, 26 U.S.C. 501, and is not composed 1
primarily of the owners of property adjacent to or contiguous to an 2
impoundment. 3
(b) The proposed repairs or alterations have a projected total 4
cost of less than $25,000.00. 5
(c) The impoundment is open to the public and a notice of 6
public access is posted. 7
(a) Construction of a new dam. 8
(b) Reconstruction of a failed dam. 9
(c) Enlargement of a dam. 10
(d) Complex alteration of a dam, such as significant 11
rehabilitation or reconstruction of an existing dam. 12
(e) Removal of an existing dam. 13
Sec. 31509. (1) Except as otherwise provided in this part or 14
as authorized by a permit issued by the department pursuant to 15
under part 13, a person shall not undertake any of the following 16
activities: 17
(a) Construction of a new dam. 18
(b) Enlargement of a dam or an impoundment. 19
(c) Repair of a dam. 20
(d) Alteration of a dam. 21
(e) Removal of a dam. 22
(f) Abandonment of a dam. 23
(f) (g) Reconstruction of a failed dam. 24
(2) An application for a permit shall must include any 25
information that the department determines is necessary for the 26
administration of this part and a first-filling plan or refilling 27
plan, as applicable. If a project includes activities at multiple 28
locations, 1 application may be filed for the combined activities. 29
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(3) An application for a permit for construction of a new dam, 1
reconstruction of a failed dam, or enlargement of a dam shall must 2
be accompanied by the following fees: 3
(a) For a dam with a height of 6 feet or more but less than 10 4
feet, $500.00. 5
(b) For a dam with a height of 10 feet or more but less than 6
20 feet, $1,000.00. 7
(c) For a dam with a height of 20 feet or more, $3,000.00. 8
(4) An application for a permit for the repair, alteration, 9
removal, or abandonment of a dam shall must be accompanied by a fee 10
of $200.00, and an application for a permit for a minor project 11
pursuant to under section 31513(1) shall must be accompanied by a 12
fee of $100.00. 13
(5) The department shall waive the fees under this section for 14
applications from state agencies, department sponsored projects 15
located on public lands, and organizations of the type described in 16
section 31508(2)(a) through (c).any nonprofit organization that 17
meets the following requirements: 18
(a) Has assets of less than $30,000.00 and that is exempt from 19
taxation under section 501(c)(3) of the internal revenue code of 20
1986, 26 USC 501. 21
(b) Is not composed primarily of the owners of property 22
adjacent or contiguous to an impoundment. 23
(6) The department shall forward fees collected under this 24
section to the state treasurer for deposit in the land and water 25
management permit fee fund created in section 30113. 26
(7) At any time before an application is submitted under this 27
section, an applicant for a permit may request, in writing, a 28
preapplication meeting with the department. The preapplication 29
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meeting request must include the requested location of the meeting 1
and the appropriate fee as specified under this subsection. Not 2
later than 30 days after the preapplication meeting request is 3
received, unless an alternative timeline is agreed to by both 4
parties, the department shall meet with the applicant to review a 5
proposed project or a proposed permit application in its entirety. 6
A preapplication meeting must take place at the department's 7
district office for the district that includes the project site or 8
at the project site itself, as specified in the preapplication 9
meeting request. 10
Sec. 31509a. (1) The department shall establish a staggered 11
registration process that meets all of the following conditions: 12
(a) Is divided into 5 rounds, with the first round of 13
registrations beginning 6 months after the effective date of the 14
2025 amendatory act that added this section. 15
(b) Registers 1/5 of all owners of dams in this state each 16
round. 17
(c) Identifies the owners of dams that are subject to 18
registration in each round based on hazard potential classification 19
and other relevant considerations. 20
(2) Subject to subsection (1), an owner shall register all 21
dams owned by the owner with the department on a form and in a 22
manner prescribed by the department. The application for a 23
registration under this section must include all of the following 24
information: 25
(a) Proof of ownership of the dam. 26
(b) An asset management plan for all dams owned by the owner, 27
that includes all of the following information: 28
(i) An inventory of all dam assets. 29
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(ii) An assessment of conditions, remaining life, and critical 1
deficiencies and failure modes, and a life cycle cost analysis. 2
(iii) An assessment of probability and consequences of dam 3
failure. 4
(iv) A list of funding sources adequate to cover estimated life 5
cycle costs. 6
(v) A performance evaluation that includes regulatory 7
compliance, inspection schedule, instrumentation monitoring, and 8
internal operations. 9
(c) A demonstrated compliance with this part that includes all 10
of the following: 11
(i) A current inspection report under section 31518 and a plan 12
and schedule approved by the department to address any deficiencies 13
identified in the inspection report, if applicable. 14
(ii) A current, comprehensive evaluation report under section 15
31518a, and a plan and schedule approved by the department to 16
address any deficiencies identified in the comprehensive evaluation 17
report, if applicable. 18
(iii) A current surveillance and monitoring plan under section 19
31518b. 20
(iv) A current operation and maintenance plan under section 21
31518c. 22
(v) A current safety and security plan under section 31518d. 23
(d) Any additional information that the department determines 24
is necessary for the administration of the part. 25
(3) A registration granted under this section is valid for 15 26
years. Not later than April 1 of the year the registration expires, 27
an owner shall submit an application for registration under 28
subsection (2). 29
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(4) The department shall approve or deny an application for a 1
registration not later than 120 days after the application is 2
complete. The department shall deny an application for registration 3
that does not sufficiently demonstrate that the public health, 4
safety, welfare, property, or natural resources or the public trust 5
in those natural resources is protected. 6
(5) The department may revoke a registration, after notice and 7
opportunity for a hearing in accordance with the administrative 8
procedures act of 1969, for any of the following reasons: 9
(a) A violation of the terms of the registration or a change 10
in the condition of the dam. 11
(b) The owner failed to disclose relevant facts or otherwise 12
obtained a registration by misrepresentation. 13
(c) The dam is subject to any of the following: 14
(i) An order under section 31518(7). 15
(ii) An order to limit dam operations or an order for the 16
removal of the dam under section 31519. 17
(iii) An emergency order under section 31521. 18
(iv) Any other violation under section 31524. 19
(6) If the department revokes a registration under subsection 20
(5), the department shall notify the owner in writing of the 21
revocation not later than 30 days after the hearing and state the 22
deficiency and request additional information. 23
(7) If the department denies a registration under subsection 24
(4) or revokes a registration under subsection (5), the owner shall 25
submit a revised application for registration not later than 180 26
days after the notification is received under subsection (4) or 27
(6). 28
(8) An owner can transfer a registration to a new owner if 29
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both of the following conditions are met: 1
(a) The new owner is willing and financially capable of 2
complying with the terms of the registration. 3
(b) The owner receives written approval from the department 4
for the transfer. 5
(9) The owner shall submit a request for transfer of a 6
registration under subsection (8) on a form and in a manner 7
prescribed by the department. The request for a transfer of a 8
registration must be accompanied by a written agreement between the 9
owner and new owner that states a specific date for the transfer of 10
responsibility. 11
Sec. 31509b. Beginning January 1, 2029, and not later than 12
January 1 every 3 years thereafter, the department shall adjust the 13
fees described in section 31509 by an amount as determined by the 14
state treasurer at the end of the preceding fiscal year, rounded to 15
the nearest $10.00, to reflect the cumulative percentage change in 16
the Detroit Consumer Price Index from the most recent 3-year period 17
for which data is available for the Detroit-Warren-Dearborn area 18
from the Bureau of Labor Statistics of the United States Department 19
of Labor. 20
Sec. 31510. (1) A person who wants to be notified of pending 21
applications for permits issued under this part may make a written 22
request to the department, accompanied by an annual fee of $25.00. 23
The fee shall be deposited in the state treasury and credited to 24
the general fund.The department shall post on its website, and 25
establish a process to provide email notification of, both of the 26
following: 27
(2) The department shall prepare a biweekly list of the 28
applications made during the previous biweekly period and shall 29
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promptly mail copies of the list for the remainder of the calendar 1
year to the persons who have requested notice and paid the fee 2
under this section. 3
(3) The biweekly list shall state the name and address of each 4
applicant, the legal description of the lands included in the 5
applicant's project, and a summary statement of the purpose of the 6
project. 7
(a) A list of pending applications for registration under 8
section 31509a. 9
(b) Public notices and schedule of public hearings as 10
described under section 31511. 11
Sec. 31511. (1) Upon On receipt of an application for a permit 12
under this part, section 31509, the department shall submit copies 13
of the application accompanied by for a permit with a statement 14
indicating that indicates that the department may act upon on the 15
application for a permit without a public hearing unless a written 16
request is filed with the department within not later than 20 days 17
after the submission for review. The department shall submit copies 18
of the application to all of the following: 19
(a) The local unit of government where the project is to be 20
located. 21
(b) The adjacent riparian owners. 22
(c) Any person considered appropriate by the department. 23
(d) Any person who that requests copies. 24
(e) A watershed council, organized pursuant to under part 311, 25
of the watershed within which the project is located or is to will 26
be located. 27
(2) The department may hold a public hearing upon on the 28
written request of any of the following: 29
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(a) An applicant. 1
(b) A riparian owner. 2
(c) A person or local unit of government that is entitled to 3
receive a copy of the application pursuant to under subsection (1). 4
(3) A public hearing held pursuant to this section shall be 5
held in compliance with the open meetings act, Act No. 267 of the 6
Public Acts of 1976, being sections 15.261 to 15.275 of the 7
Michigan Compiled Laws. Public notice of the time, date, and place 8
of the hearing shall be given in the manner provided by that act. 9
Additionally, the department shall mail copies of the public notice 10
to the persons who have requested the biweekly list pursuant to 11
section 31510, the person requesting the hearing, and the persons 12
and local units of government that are entitled to receive a copy 13
of the application pursuant to subsection (1). 14
Sec. 31513. (1) The After providing notice and an opportunity 15
for a public hearing under section 31511, the department shall 16
promulgate rules in accordance with the administrative procedures 17
act of 1969 to establish minor project categories for alterations 18
and repairs that have minimal effect on the structural integrity of 19
a dam. The department may act upon on an application and grant a 20
permit for an activity or project within a minor project category, 21
after an on-site inspection of the dam, without providing public 22
notice. 23
(2) All other provisions of this part shall be are applicable 24
to minor projects, except that a final inspection by the department 25
or certification of the project by a licensed professional engineer 26
shall is not be required for a project completed under a permit 27
granted pursuant to under subsection (1). 28
Sec. 31515. (1) Except as otherwise provided in this section, 29
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a permit issued granted by the department under this part shall 1
must require that plans and specifications be approved by the 2
department before construction begins. The department shall approve 3
or reject complete plans and specifications within not later than 4
60 days after their receipt. the plans and specifications are 5
received. The permitted activity shall must be completed within a 6
specified time not to exceed 2 years after the date of issuance of 7
the permit is granted. Upon On the written application of the 8
permittee, and for good cause shown, the department may extend the 9
time for completing construction. The permittee shall notify the 10
department at least 10 days before beginning construction and shall 11
otherwise notify the department as the department may require. 12
(2) A The permittee shall not implement a change in approved 13
plans and specifications shall not be implemented unless the 14
department gives its prior approval. The department shall approve 15
or reject changes in plans and specifications within not later than 16
30 days after the department receives the request for the changes. 17
(3) A permit is effective for the length of time specified in 18
the permit unless it the permit is revoked pursuant to under this 19
part. The department may renew a permit. 20
(4) A permit to alter, repair, or construct a new dam, 21
reconstruct a failed dam, or enlarge the surface area of an 22
impoundment by more than 10% may specify the terms and conditions 23
including, but not limited to, requirements for minimum flows, cold 24
water release, impoundment fluctuations, portage, contingency 25
plans, and conditions under which the work is to be performed. The 26
terms and conditions of a permit shall must be effective for the 27
life of the project. The department may consider, in issuing a 28
permit, any mitigating measures in conjunction with the permitted 29
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activities and may make recommendations as to means of fish passage 1
that may be required by part 483. 2
(5) A permit to construct a new dam, or to reconstruct a 3
failed dam, or to enlarge, alter, or remove an existing dam may 4
require a performance bond to assure ensure completion of the 5
project or to provide for complete or partial restoration of the 6
project site, as determined by the department in rules promulgated 7
by the department. 8
(6) A permit may be suspended, revoked, annulled, withdrawn, 9
recalled, canceled, or amended after After a hearing is held in 10
accordance with the administrative procedures act of 1969, the 11
department may suspend, revoke, or modify a permit for a violation 12
of any of its provisions, a violation of the permit, this part, a 13
violation of or a rule promulgated under this part, or for any 14
misrepresentation contained in the application for the permit. 15
Hearings shall be conducted by the department in accordance with 16
the provisions for contested cases in the administrative procedures 17
act of 1969. 18
Sec. 31516. (1) Spillway Subject to subsection (4), spillway 19
capacity shall must meet the following minimum criteria: 20
(a) Low hazard potential dams shall must be capable of passing 21
the 100-year flood, or the flood of record, whichever is greater. 22
(b) Significant hazard potential dams shall must be capable of 23
passing the 200-year half probable maximum flood, or the flood of 24
record, whichever is greater. 25
(c) High hazard potential dams , less than 40 feet in height, 26
as measured from the 200-year design flood elevation to the lowest 27
downstream toe elevation, shall be capable of passing the 200-year 28
flood, or the flood of record, whichever is greater. 29
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(d) High hazard potential dams, 40 feet or greater in height, 1
as measured from the 200-year design flood elevation to the lowest 2
downstream toe elevation, shall must be capable of passing the half 3
probable maximum flood, . The half probable maximum flood criterion 4
may be reduced to not less than the 200-year flood, with proper 5
documentation evidencing a failure of a dam under half probable 6
maximum flood conditions will not cause additional flood damage or 7
loss of life.or the flood of record, whichever is greater. 8
(d) (e) Spillway design capacity shall must not be less than 9
the flood of record. 10
(2) Freeboard shall must be considered when determining 11
spillway capacity. 12
(3) If a dam cannot pass the design flood, an auxiliary 13
additional spillway capacity must be provided. The owner must 14
document, to the satisfaction of the department, that the dam has 15
sufficient spillway capacity, and that proper means are available 16
to operate the spillway or spillways during the design flood. 17
(4) The criteria described under subsection (1) may be reduced 18
in accordance with a site-specific, consequence-based, or risk-19
based inflow design flood study completed in a manner approved by 20
the department. 21
Sec. 31517. (1) Except for minor projects authorized pursuant 22
to under section 31513, the owner shall do both of the following: 23
(a) Within Not later than 10 days after the completion of a 24
new, reconstructed, enlarged, repaired, or altered dam, notify the 25
department of its completion. 26
(b) Within Not later than 20 days after submitting the notice 27
of completion, file with the department as-built plans and a 28
statement signed by a licensed professional engineer certifying 29
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that certifies that the project was constructed in conformance with 1
plans and specifications approved by the department. 2
(2) The department shall inspect the project and shall provide 3
the owner with written notice of final approval after the project 4
is completed if the project is determined to have been completed in 5
accordance with approved plans, specifications, and permit 6
conditions. The department may also inspect the project during 7
construction of the project. 8
(3) If the project is determined not to be completed in 9
accordance with approved plans, and specifications approved by the 10
department specifications, and permit conditions described under 11
subsection (2), the department shall provide notice to the 12
permittee as to the specific reasons the department determines the 13
project not to be completed in accordance with those the plans, 14
specifications, or permit conditions. The department may then take 15
enforcement action as provided in this part. 16
(4) Nothing in this act is construed to relieve an owner of 17
the legal duties, obligations, or liabilities incident to the 18
ownership or operation of a dam or impoundment. 19
Sec. 31517a. (1) An owner shall prepare and keep current 20
operations and maintenance records for each dam owned by the owner. 21
The operations and maintenance records must, at a minimum, contain 22
all of the following: 23
(a) A brief description of the major elements of the dam. 24
(b) Operation procedures during normal and high flows. 25
(c) Emergency action plans. 26
(d) Copies of recent inspection reports submitted to the 27
department under section 31518. 28
(e) Maintenance work order procedures. 29
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(f) Sample maintenance and inspection forms. 1
(g) Key contact information. 2
(2) An owner shall prepare and keep current a surveillance and 3
monitoring plan for each dam owned by the owner. 4
(3) An owner shall maintain all of the records described under 5
this section and make the records available to the department on 6
request. 7
Sec. 31518. (1) An owner shall submit to the department 8
inspection reports prepared by a licensed professional engineer 9
that evaluate the condition of the dam. The inspection report shall 10
must be submitted as follows: 11
(a) Not less than once every 3 years year for high hazard 12
potential dams. 13
(b) Not less than once every 4 2 years for significant hazard 14
potential dams. 15
(c) Not less than once every 5 years for low hazard potential 16
dams. 17
(2) The department shall determine the hazard potential 18
classification of for all dams and shall establish an inspection 19
schedule. The department shall notify the owner of each dam's 20
hazard potential classification, the effective date of each hazard 21
potential classification, and each dam's hazard potential history. 22
Not later than 30 days after the department's notice of a dam's 23
hazard potential classification under this subsection is received 24
by the owner, the owner shall provide the department with 25
information regarding how the owner will meet the requirements of 26
the dam's hazard potential classification, including, but not 27
limited to, spillway capacity, emergency action plan, inundation 28
mapping requirements, and an inspection schedule. An inspection 29
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RMH H04314'25 (H-4)_HB5485_APH_1 sbm278
schedule shall developed under this subsection must require annual 1
submission of inspection reports for approximately 1/3 of all high 2
hazard potential dams, 1/4 1/2 of all significant hazard potential 3
dams, and 1/5 of all low hazard potential dams. The department 4
shall notify the owners in writing when inspection reports are due. 5
The department may order additional inspection reports following an 6
event or change in condition that could threaten a dam. 7
(3) An inspection report required by this section shall must 8
include, at a minimum, all of the following: 9
(a) An evaluation of the dam's condition, spillway capacity, 10
operational adequacy, and structural integrity. 11
(b) A determination of whether deficiencies exist that could 12
lead to the failure of the dam. 13
(c) Recommendations for maintenance, repair, and alterations 14
of a dam as are necessary to eliminate any deficiencies. 15
(d) A schedule to address deficiencies that is approved by the 16
department. An owner violates this part if the owner fails to 17
address deficiencies in accordance with the schedule approved under 18
this subdivision. 19
(e) An assessment of the appropriateness of the current hazard 20
potential classification established under subsection (1) taking 21
into consideration the current conditions that exist downstream of 22
the dam. An assessment under this subdivision must consider 23
conditions related to damage as identified under a significant 24
hazard potential dam classification and serious damage as 25
identified under a high hazard potential dam classification that 26
might have changed since the effective date of the current hazard 27
classification established under subsection (1). 28
(f) An assessment of operations and maintenance based on the 29
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RMH H04314'25 (H-4)_HB5485_APH_1 sbm278
requirements of the current operation and maintenance records 1
prepared under section 31517a. 2
(g) An evaluation of the risk or changes in risk of 3
significant hazard potential and low hazard potential dams, if 4
applicable. 5
(h) A review of the original design, construction, 6
maintenance, repair, and probable failure mode records of high 7
hazard potential and significant hazard potential dams, if 8
applicable. 9
(4) Instead of engaging a licensed professional engineer to 10
prepare an inspection report, local units of government or an 11
organization of the type described in section 31508(2)(a) through 12
(c) 31509(5) may request the department to conduct a visual 13
inspection of a dam owned by that local unit of government and 14
prepare a report on the condition of the dam in accordance with 15
subsection (3). The department shall notify a requesting local unit 16
of government as to when the inspection is to occur. 17
(5) If an inspection report discloses the need for a more 18
detailed investigation or evaluation of certain dam features for 19
the purpose of determining the condition of the dam, the department 20
may order the completion and submission of that detailed 21
investigation or evaluation at the expense of the owner. An 22
investigation or evaluation required under this subsection shall 23
must be conducted under the supervision of a licensed professional 24
engineer. 25
(6) If an owner does not submit an inspection report as 26
required by subsection (1) or conduct additional investigations if 27
required by subsection (5), the department or any person who that 28
would have life or property threatened by a breach of the dam may 29
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RMH H04314'25 (H-4)_HB5485_APH_1 sbm278
have a report prepared and recover the costs of preparing the 1
report in a civil action. commenced in a court of competent 2
jurisdiction. This subsection does not limit the right of any 3
person to bring a cause of action in a court of proper jurisdiction 4
to compel an owner to comply with the requirements of this part. 5
(7) If, based on the findings and recommendations of the 6
inspection report, and an inspection by the department, or if the 7
department finds that a condition exists which that endangers a the 8
dam, it the department shall order the owner to take actions that 9
the department considers necessary to alleviate the danger. 10
Sec. 31518a. (1) An owner shall submit to the department a 11
comprehensive evaluation report prepared by a licensed professional 12
engineer that evaluates the overall safety of the dam. The 13
comprehensive evaluation report must be submitted not less than 14
once every 10 years on a schedule determined by the department. 15
(2) The comprehensive evaluation report must include, but is 16
not limited to, a detailed evaluation and recommendation for all of 17
the following: 18
(a) The dam's condition, spillway capacity, operational 19
adequacy, and structural integrity. 20
(b) The adequacy of the dam's original design and 21
construction. 22
(c) The adequacy of the dam's operation and maintenance 23
procedures. 24
(d) Probable failure modes and risk reduction measures. 25
(e) Conformance with current dam safety practices. 26
(f) Any deficiencies that exist that could lead to failure of 27
the dam. 28
(g) Maintenance, repair, and alterations of a dam that are 29
26
RMH H04314'25 (H-4)_HB5485_APH_1 sbm278
necessary to eliminate the deficiencies described under subdivision 1
(f). 2
Sec. 31518b. (1) An owner shall prepare, and keep current, a 3
surveillance and monitoring plan and submit the plan to the 4
department for review. The surveillance and monitoring plan must be 5
consistent with standard engineering practices. 6
(2) A surveillance and monitoring plan must include, but is 7
not limited to, all of the following information: 8
(a) The name, address, and telephone number of the owner, and 9
any agent or employee of the owner, responsible for the operation 10
of the dam. 11
(b) Information necessary to evaluate probable failure modes 12
of the dam. 13
(c) An assessment of current and past surveillance and 14
monitoring data. 15
(d) Recommendations for any necessary analyses or remedial 16
actions. 17
(3) The owner shall notify the department of any concerning 18
findings of surveillance and monitoring data within 24 hours. 19
Sec. 31518c. An owner shall prepare, and keep current, an 20
operation and maintenance plan and submit the plan to the 21
department for review. An operation and maintenance plan must 22
include all of the following information: 23
(a) A description of the dam. 24
(b) Contact information for the dam owner and any agent or 25
employee of the owner that is necessary to the operation of the dam 26
and each individual's responsibilities. 27
(c) An inspection schedule and checklist for routine dam 28
safety inspections conducted by the owner. 29
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(d) A description of normal and emergency dam operation 1
procedures. 2
(e) A log of normal and emergency dam operation procedures. 3
(f) A description of normal and emergency dam maintenance 4
procedures. 5
(g) A log of normal and emergency dam maintenance procedures. 6
(h) Contact information and notification procedures for 7
upstream and downstream owners, if applicable. 8
Sec. 31518d. (1) An owner shall prepare and keep current a 9
safety and security plan and submit the plan to the department for 10
review. A safety and security plan must include all of the 11
following information: 12
(a) A summary of all physical safety measures at the dam, 13
including any signage, waterway barriers, safety fencing, railings, 14
or other safety devices. 15
(b) A summary of all physical security measures at the dam, 16
including security cameras, alarms, security fencing, gates, doors, 17
barriers, or other security devices. 18
(c) A response plan for any safety and security issues at the 19
dam, which must include, at a minimum, all of the following: 20
(i) Dam personnel detection and reporting procedures. 21
(ii) Notification flow charts and call lists. 22
(iii) Response procedures. 23
(iv) A safety and security incident report template. 24
(2) The owner shall notify the department of any safety or 25
security incidents within 24 hours after the incident occurs. 26
Sec. 31520. (1) The owner or his or her agent shall advise the 27
department and the affected off-site public authorities and safety 28
agencies of any sudden or unprecedented flood or unusual or 29
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RMH H04314'25 (H-4)_HB5485_APH_1 sbm278
alarming circumstance or occurrence, whether existing or 1
anticipated, that may affect the safety of the dam within 24 hours 2
of after the flood, circumstance, or occurrence. 3
(2) The owner shall notify the department as soon as possible 4
of any necessary emergency drawdowns, repairs, breaching, or other 5
action being taken in response to an emergency condition. 6
Sec. 31521. (1) The department may issue to an owner a written 7
emergency orders as provided in this section. The department may, 8
by written notice, order an owner order that requires the owner to 9
immediately repair, draw down, breach, remove, or cease operation 10
of a dam where a if the dam is in imminent danger of failure and or 11
is causing or threatening to cause harm to public health, safety, 12
welfare, property, or the natural resources or the public trust in 13
those natural resources. 14
(2) If an owner fails to comply with an emergency order under 15
subsection (1), or is unavailable to or unable to cannot be 16
contacted, then the department may undertake immediate repair, 17
drawdown, breaching, removal, or cessation of operation, as may be 18
necessary to alleviate the danger. , and The department may recover 19
from the owner the costs incurred in a civil action. commenced in a 20
court of competent jurisdiction. The department may terminate an 21
emergency order upon on a determination in writing that all 22
necessary emergency actions have been complied with by the owner 23
and that an emergency no longer exists. 24
(3) (2) When ordering In an emergency actions order under 25
subsection (1), the department may specify do any of the following: 26
(a) Specify a maximum drawdown level. and 27
(b) Specify discharge rates. and require sediment 28
(c) Require any of the following: 29
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RMH H04314'25 (H-4)_HB5485_APH_1 sbm278
(i) Sediment surveys. , water 1
(ii) Water quality sampling. , monitoring, or any 2
(iii) Monitoring. 3
(iv) Any other action determined necessary by the department to 4
ensure adequate protection of the public health, safety, welfare, 5
property, or natural resources or the public trust in those natural 6
resources. 7
(4) The department may modify the requirements of an emergency 8
order if , during the conduct of ordered actions, it the department 9
determines that the modification is necessary to protect the public 10
health, safety, welfare, property, or natural resources or the 11
public trust in those natural resources. 12
(5) (3) Upon Not later than 15 days after the issuance of an 13
emergency order under subsection (1), the department shall provide 14
the owner with an opportunity for a hearing pursuant to under the 15
administrative procedures act of 1969. within 15 days of the date 16
of its issuance. The department may proactively schedule a hearing 17
under this subsection, but the owner shall submit a petition to 18
request the hearing within 15 days after the issuance of an order 19
under this section before a hearing can be held. At the hearing, 20
the department shall determine, based on information and fact, if 21
the emergency order shall must be continued, modified, or suspended 22
as necessary to protect public health, safety, welfare, property, 23
or natural resources or the public trust in those natural 24
resources. 25
(6) A hearing held under subsection (5) does not preclude the 26
owner or department from immediately taking action as necessary to 27
alleviate danger of failure of a dam. 28
Sec. 31523. (1) An owner shall prepare, and keep current, on a 29
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form and in a manner prescribed by the department, emergency action 1
plans for all high and significant hazard potential dams owned by 2
that person. An owner shall annually review and update, as 3
necessary, emergency action plans and submit the plans to the 4
department. 5
(2) Emergency action plans shall prepared or updated under 6
this section must be submitted to the department, county or local 7
emergency management coordinators, and all local entities with 8
zoning approval authority located within the inundated zone. 9
(3) The applicable county or local emergency management 10
coordinators shall review for consistency any emergency action 11
plans prepared or updated under subsection (1) with the county or 12
local emergency operations plan prior to submission of those before 13
submitting the plans to the department. 14
(4) An emergency action plan shall prepared or updated under 15
subsection (1) must be consistent with the applicable provisions of 16
the affected county or local emergency operations plans and the 17
Michigan emergency preparedness plan as developed pursuant to under 18
the emergency preparedness act, Act No. 390 of the Public Acts of 19
1976, being sections 30.401 to 30.420 of the Michigan Compiled 20
Laws.management act, 1976 PA 390, MCL 30.401 to 30.421. 21
(5) Emergency An emergency action plans shall plan prepared or 22
updated under subsection (1) must include, but not be limited to, 23
the all of the following: 24
(a) The name, address, and telephone number of the person, and 25
of an alternate person, responsible for operation of the dam. ; the 26
(b) The name and telephone number of county or local emergency 27
management coordinators. ; and a 28
(c) A listing of occupied facilities, buildings, and 29
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residences that may be threatened with flooding due to a failure of 1
the dam. 2
(d) Mapping that is adequate to clearly delineate the areas of 3
inundation resulting from a failure of the dam. 4
(6) If a high hazard potential or significant hazard potential 5
dam is located on a river system with multiple dams, the owner 6
shall coordinate preparation, updating, exercising, and activation 7
of emergency action plans under this section with the owners of the 8
other dams on the river system. 9
(7) An owner shall exercise an emergency action plan prepared 10
or updated under this section at least once every 5 years. 11
Sec. 31528a. (1) The dam safety emergency fund is created 12
within the state treasury. The state treasurer may receive money or 13
other assets from any source for deposit into the fund. The state 14
treasurer shall direct the investment of the fund and credit to the 15
fund interest and earnings from fund investments. Money in the fund 16
at the end of the fiscal year remains in the fund and does not 17
lapse to the general fund. The department is the administrator of 18
the fund for auditing purposes. 19
(2) On appropriation, the department shall expend money from 20
the fund to take remedial or corrective actions that remove or 21
reduce significant safety risks posed by dams when an owner is 22
unable or unwilling to take remedial or corrective action. The 23
department and the department of attorney general may recover costs 24
expended from the fund under this subsection from an owner. 25
Recovered costs must be deposited in the fund. 26
(3) As used in this section and section 31528b, "fund" means 27
the dam safety emergency fund created under subsection (1). 28
Sec. 31528b. (1) The department shall establish a dam risk 29
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reduction grant program as provided in this section. 1
(2) The program must provide grants to owners to complete any 2
of the following projects: 3
(a) Repair or alteration of a dam. 4
(b) Removal of a dam. 5
(c) Scoping and engineering plans associated with any of the 6
actions described in subdivisions (a) and (b). 7
(3) An owner shall apply to the program on a form and in a 8
manner prescribed by the department. To be eligible to receive a 9
grant from the program, the owner must be able to contribute 10
matching funds of at least 10%. 11
(4) As used in this section, "program" means the dam risk 12
reduction grant program created under subsection (1). 13