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HB-5536, As Passed House, June 4, 2026
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HOUSE BILL NO. 5536
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 30301, 30307, and 30308 (MCL 324.30301,
324.30307, and 324.30308), sections 30301 and 30307 as amended by
2018 PA 631 and section 30308 as added by 1995 PA 59.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 30301. (1) As used in this part: 1
(a) "Department" means the department of environmental 2
quality.environment, Great Lakes, and energy. 3
(b) "Director" means the director of the department. 4
February 19, 2026, Introduced by Reps. Martin, Schuette, Neyer, Cavitt, Kunse, Slagh, Bohnak ,
Markkanen, Borton, Schriver, Lightner, Alexander, St. Germaine, Roth, Kelly, Frisbie and
Wortz and referred to Committee on Natural Resources and Tourism.
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(c) "Exceptional wetland" means wetland that provides physical 1
or biological functions essential to the natural resources of this 2
state and that may be lost or degraded if not preserved through an 3
approved site protection and management plan for the purposes 4
purpose of providing compensatory wetland mitigation. 5
(d) "Fill material" means soil, rocks, sand, waste of any 6
kind, or any other material that displaces soil or water or reduces 7
water retention potential. 8
(e) "Hydric soil" means a soil that formed under conditions of 9
saturation, flooding, or ponding long enough during the growing 10
season to develop anaerobic conditions in the upper part. 11
(f) "Landscape level wetland assessment" means the use of 12
aerial photographs, maps, and other remotely sensed information to 13
predict and evaluate wetland characteristics and functions in the 14
context of all of the following: 15
(i) The wetland's landscape position and hydrologic 16
characteristics. 17
(ii) The surrounding landscape. 18
(iii) The historic extent and condition of the wetland. 19
(g) "Minor drainage" includes means ditching and tiling for 20
the removal of excess soil moisture incidental to the planting, 21
cultivating, protecting, or harvesting of crops or improving the 22
productivity of land in established use for agriculture, 23
horticulture, silviculture, or lumbering. 24
(h) "Nationwide permit" means a nationwide permit issued by 25
the United States Army Corps of Engineers under 72 FR 11091 to 26
11198 (March 12, 2007), including all general conditions, regional 27
conditions, and conditions imposed by this state pursuant to under 28
a water quality certification under section 401 of title IV of the 29
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federal water pollution control act, 33 USC 1341, or a coastal zone 1
management consistency determination under section 307 of the 2
coastal zone management act of 1972, 16 USC 1456. 3
(i) "Ordinary high-water mark" means the ordinary high-water 4
mark as specified in section 32502. 5
(j) "Person" means an individual, sole proprietorship, 6
partnership, corporation, association, municipality, this state, an 7
instrumentality or agency of this state, the federal government, an 8
instrumentality or agency of the federal government, or other legal 9
entity. 10
(k) "Rapid wetland assessment" means a method for generally 11
assessing the functions, values, and condition of individual 12
wetlands based on existing data and field indicators. 13
(l) "Rare and imperiled wetland" means any of the following: 14
(i) Great Lakes marsh. 15
(ii) Southern wet meadow. 16
(iii) Inland salt marsh. 17
(iv) Coastal plain marsh. 18
(v) Interdunal wetland. 19
(vi) Lakeplain wet prairie. 20
(vii) Lakeplain wet-mesic prairie. 21
(viii) Coastal fen. 22
(ix) Wet-mesic prairie. 23
(x) Wet prairie. 24
(xi) Prairie fen. 25
(xii) Northern fen. 26
(xiii) Patterned fen. 27
(xiv) Poor fen. 28
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(xv) Muskeg. 1
(xvi) Relict conifer swamp. 2
(xvii) Southern floodplain forest. 3
(m) "Water dependent" means requiring access or proximity to 4
or siting within an aquatic site to fulfill its basic purpose. 5
(n) "Water of the United States" means waters of the United 6
States as that term is used in section 502(7) of the federal water 7
pollution control act, 33 USC 1362. 8
(o) Except as defined in subdivision (p), "wetland" means a 9
land or water feature, commonly referred to as a bog, swamp, or 10
marsh, inundated or saturated by water at a frequency and duration 11
sufficient to support, and that under normal circumstances does 12
support, hydric soils and a predominance of wetland vegetation or 13
aquatic life. A land or water feature is not a wetland unless both 14
of the following requirements are met: 15
(i) It is adjacent to a water of the United States. 16
(ii) It has a continuous surface connection with a water of the 17
United States. A temporary interruption in a surface connection due 18
to natural phenomena, including a seiche or dry spell, is not a 19
break in the continuity of a surface connection. 20
(p) (n) "Wetland" As used in a provision of section 30307 or 21
30308 that references this subdivision, "wetland" means a land or 22
water feature, commonly referred to as a bog, swamp, or marsh, 23
inundated or saturated by water at a frequency and duration 24
sufficient to support, and that under normal circumstances does 25
support, hydric soils and a predominance of wetland vegetation or 26
aquatic life. A land or water feature is not a wetland unless it 27
meets any of the following: 28
(i) Is a water of the United States. as that term is used in 29
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section 502(7) of the federal water pollution control act, 33 USC 1
1362. 2
(ii) Is contiguous to the Great Lakes, Lake St. Clair, an 3
inland lake or pond, or a stream. As used in this subparagraph, 4
"pond" does not include a farm or stock pond constructed consistent 5
with the exemption under section 30305(2)(g). 6
(iii) Is more than 5 acres in size. 7
(iii) (iv) Has the documented presence of an endangered or 8
threatened species under part 365 or the endangered species act of 9
1973, Public Law 93-205.16 USC 1531 to 1544. 10
(iv) (v) Is a rare and imperiled wetland. 11
(2) In 2019 and every 5 years thereafter, after, the 12
department of natural resources may make recommendations to the 13
legislature for changes in the list of rare and imperiled wetlands 14
to reflect the status of each type of wetland to be included on the 15
list as rare and imperiled throughout this state. 16
(3) As used in section 30312f: 17
(a) "Altered or degraded wetland" means wetland that meets any 18
of the following criteria: 19
(i) Has been partially or fully drained, such as by ditching, 20
tiling, or pumping. 21
(ii) Has been partially or fully filled by direct placement of 22
material in the wetland or significant sedimentation. 23
(iii) Invasive plant species dominate in a majority of the 24
vegetated surface area of the wetland. 25
(iv) Has undergone land use conversion or alteration to 26
vegetation, soil, or hydrology that currently affects the wetland 27
functions and services. 28
(b) "Former wetland" means land that was wetland but that has 29
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been modified to the point that it no longer has the hydrologic 1
characteristics of wetland. 2
(c) "Net increase in wetland functions and services" means an 3
increase in 1 or more wetland functions and services with not more 4
than a minimal decrease in other wetland functions and services. 5
(d) "Voluntary wetland restoration project", subject to 6
subdivision (e), means any of the following: 7
(i) Activities that are voluntarily undertaken to restore, 8
reestablish, rehabilitate, or enhance altered or degraded wetland 9
or former wetland and that result in a net increase in wetland 10
functions and services. 11
(ii) Activities to maintain or manage sites where activities 12
described in subparagraph (i) have taken place, including sites 13
restored before October 1, 1980, the effective date of former 1979 14
PA 203. 15
(e) Voluntary wetland restoration project does not include an 16
activity undertaken to fulfill, currently or in the future, a 17
federal, state, or local wetland permit mitigation requirement. 18
(f) "Wetland functions and services" means any of the 19
following: 20
(i) Wetland hydrology that approximates the predisturbance 21
condition or that emulates the natural condition of the wetland. 22
(ii) Fish and wildlife habitat quality or quantity. 23
(iii) Plant community quality, characterized by native 24
vegetation types and diversity. 25
(iv) Water- and soil-related functions of the wetland, such as 26
nutrient removal, sediment retention, flood control, or groundwater 27
recharge. 28
(v) Recreational use of the wetland, including, but not 29
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limited to, fishing, hunting, trapping, and birdwatching. 1
(4) The department and local units of government shall apply 2
the technical wetland delineation standards set forth in the United 3
States Army Corps of Engineers January, 1987, Wetland Delineation 4
Manual, technical report Y-87-1, and appropriate regional United 5
States Army Corps of Engineers supplements, in identifying wetland 6
boundaries under this part, including, but not limited to, section 7
30307. 8
Sec. 30307. (1) Within Not later than 60 days after receipt of 9
the completed application and fee, the department may hold a 10
hearing. If a hearing is held, it shall must be held in the county 11
where the wetland to which the permit is to apply is located. 12
Notice of the hearing shall must be given in the same manner as for 13
the promulgation of rules under the administrative procedures act 14
of 1969, 1969 PA 306, MCL 24.201 to 24.328. The department may 15
approve or disapprove a permit application without a public hearing 16
unless a person requests a hearing in writing within not later than 17
20 days after the mailing of notification of the permit application 18
as required by subsection (3) or unless the department determines 19
that the permit application is of significant impact so as to 20
warrant a public hearing. 21
(2) The action taken by the department on a permit application 22
under this part or part 13 may be appealed pursuant to in 23
accordance with the administrative procedures act of 1969, 1969 PA 24
306, MCL 24.201 to 24.328. A property owner may, after exhaustion 25
of administrative remedies, bring appropriate legal action in a 26
court of competent jurisdiction. 27
(3) The department shall post on its website, and shall have a 28
process to provide electronic mail notification of, all of the 29
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following under this part: 1
(a) A list of pending applications. 2
(b) Public notices. 3
(c) Public hearing schedules. 4
(4) A local unit of government may regulate wetland, as 5
defined in section 30301(p), within its boundaries, by ordinance, 6
only as provided under this part. This subsection is supplemental 7
to the existing authority of a local unit of government. An 8
ordinance adopted by a local unit of government pursuant to under 9
this subsection shall must comply with all of the following: 10
(a) The ordinance shall not provide a different definition of 11
wetland than is provided in this part, except that a wetland 12
ordinance may regulate wetland of less than 5 acres in size. 13
(a) (b) If the ordinance regulates wetland, as defined in 14
section 30301(p), that is smaller than 2 acres in size, the 15
ordinance shall must comply with section 30309. 16
(b) (c) The ordinance shall must comply with sections 30308 17
and 30310. 18
(c) (d) The ordinance shall must not require a permit for uses 19
that are authorized without a permit under section 30305, and shall 20
must otherwise comply with this part. 21
(5) A local unit of government that adopts an ordinance 22
regulating wetlands, as defined in section 30301(p), under 23
subsection (4) shall notify the department. 24
(6) A local unit of government that adopts an ordinance 25
regulating wetlands, as defined in section 30301(p), shall use an 26
application form supplied by the department, and each person 27
applying for a permit shall make application directly to the local 28
unit of government. Upon On receipt, the local unit of government 29
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shall forward a copy of each application along with any state fees 1
that may have been submitted under section 30306 to the department. 2
The If applicable, the department shall begin reviewing the 3
application as provided in this part. The local unit of government 4
shall review the application pursuant to under its ordinance and 5
shall modify, approve, or deny the application within not later 6
than 90 days after receipt. If a local unit of government does not 7
approve or disapprove the permit application within the time period 8
provided by this subsection, the permit application shall must be 9
considered approved, and the local unit of government shall must be 10
considered to have made the determinations as listed in section 11
30311. The denial of a permit shall must be accompanied by a 12
written statement of all reasons for denial. The failure to supply 13
complete information with a permit application may be reason for 14
denial of a permit. If requested, the department shall inform a 15
person whether or not a local unit of government has an ordinance 16
regulating wetlands, as defined in section 30301(p). If the 17
department receives an application with respect to a wetland, as 18
defined in section 30301(p), located in a local unit of government 19
that has an ordinance regulating wetlands, as defined in section 20
30301(p), the department immediately shall forward the application 21
to the local unit of government, which shall modify, deny, or 22
approve the application under this subsection. The local unit of 23
government shall notify the department of its decision. The If 24
applicable, the department shall proceed as provided in this part. 25
(7) If a local unit of government does not have an ordinance 26
regulating wetlands, as defined in section 30301(p), the department 27
shall promptly send a copy of the permit application to the local 28
unit of government where the wetland is located. The local unit of 29
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government may review the application; may hold a hearing on the 1
application; may recommend approval, modification, or denial of the 2
application to the department or may notify the department that the 3
local unit of government declines to make a recommendation. The 4
recommendation of the local unit of government, if any, shall must 5
be made and returned to the department within not later than 45 6
days after the local unit of government's receipt of the permit 7
application. 8
(8) In addition to the requirements of subsection (7), the 9
department shall notify the local unit of government that the 10
department has issued a permit under this part pertaining to 11
wetland located within the jurisdiction of that local unit of 12
government within not later than 15 days of after issuance of the 13
permit. The department shall enclose a copy of the permit with the 14
notice. 15
Sec. 30308. (1) Prior to Before the effective date of an 16
ordinance authorized under section 30307(4), a local unit of 17
government that wishes to adopt such an ordinance shall complete 18
and make available to the public at a reasonable cost an inventory 19
of all wetland, as defined in section 30301(p), within the local 20
unit of government, except that a local unit of government located 21
in a county that has a population of less than 100,000 is not 22
required to include public lands on its map. A local unit of 23
government shall make a draft of the inventory map available to the 24
public, shall provide for public notice and comment opportunity 25
prior to before finalizing the inventory map, and shall respond in 26
writing to written comments received by the local unit of 27
government regarding the contents of the inventory. A local unit of 28
government that has a wetland ordinance on December 18, 1992 has 29
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until June 18, 1994 to complete an inventory map and to otherwise 1
comply with this part, or the local unit of government shall not 2
continue to enforce that ordinance. Upon On completion of an 3
inventory map or upon on a subsequent amendment of an inventory 4
map, the local unit of government shall notify each record owner of 5
property on the property tax roll of the local unit of government 6
that the inventory maps exist or have been amended, where the maps 7
may be reviewed, that the owner's property may be designated as a 8
wetland, as defined in section 30301(p), on the inventory map, and 9
that the local unit of government has an ordinance regulating 10
wetland, as defined in section 30301(p). The notice shall must also 11
inform the property owner that the inventory map does not 12
necessarily include all of the wetlands, as defined in section 13
30301(p), within the local unit of government that may be subject 14
to the wetland ordinance. The notice may be given by including the 15
required information with the annual notice of the property owner's 16
property tax assessment. A wetland inventory map does not create 17
any legally enforceable presumptions regarding whether property 18
that is or is not included on the inventory map is or is not a 19
wetland, as defined in section 30301(p). 20
(2) A local unit of government that adopts a wetland ordinance 21
regulating wetland, as defined in section 30301(p), shall process a 22
wetland use applications application for use of a wetland, as 23
defined in section 30301(p), in a manner that ensures that the same 24
entity makes decisions on site plans, plats, and related matters, 25
and wetland determinations, and that the applicant is not required 26
to submit to a hearing on the application before more than 1 local 27
unit of government decision making body. This requirement does not 28
apply to either of the following: 29
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(a) A preliminary review by a planning department, planning 1
consultant, or planning commission, prior to before submittal to 2
the decision making body if required by an ordinance. 3
(b) An appeal process that is provided for appeal to the 4
legislative body or other body designated to hear appeals. 5