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HB-5707, As Passed House, June 24, 2026
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SUBSTITUTE FOR
HOUSE BILL NO. 5707
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 30103 and 30305 (MCL 324.30103 and 324.30305),
section 30103 as amended by 2018 PA 163 and section 30305 as
amended by 2018 PA 631.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 30103. (1) A permit is not required under this part for 1
any of the following: 2
(a) Any fill or structure existing before April 1, 1966, in 3
waters covered by former 1965 PA 291, and any fill or structures 4
existing before January 9, 1973, in waters covered for the first 5
time by former 1972 PA 346. 6
(b) A seasonal structure placed on bottomland to facilitate 7
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private noncommercial recreational use of the water if it the 1
structure does not unreasonably interfere with the use of the water 2
by others entitled to use the water or interfere with water flow. 3
(c) Reasonable sanding of beaches to the existing water's edge 4
by the riparian owner or a person authorized by the riparian owner. 5
(d) Maintenance of an agricultural drain, regardless of 6
outlet, if all of the following requirements are met: 7
(i) The maintenance includes only activities that maintain the 8
location, depth, and bottom width of the drain as constructed or 9
modified at any time before July 1, 2014. 10
(ii) The maintenance is performed by the landowner or pursuant 11
to in accordance with the drain code of 1956, 1956 PA 40, MCL 280.1 12
to 280.630. 13
(e) Maintenance and operation of a waste collection or 14
treatment facility either ordered to be constructed or approved for 15
operation under a state or a federal water pollution control law 16
and this part. For purposes of this subdivision, "operation" 17
includes dredging, filling, or construction and placement of 18
structures in the waste collection or treatment facility in 19
compliance with this act. 20
(f) Construction and maintenance of minor drainage structures 21
and facilities that are identified by rule in rules promulgated by 22
the department under section 30110. Before a rule is promulgated 23
pursuant to under this subsection, the rule must be approved by the 24
majority of a committee consisting of the director of the 25
department, the director of the department of agriculture and rural 26
development, and the director of the state transportation 27
department or their the directors' designated representatives. The 28
rules shall must be reviewed at least annually. 29
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(g) Maintenance of a drain that either was legally established 1
and constructed before January 1, 1973, pursuant to in accordance 2
with the drain code of 1956, 1956 PA 40, MCL 280.1 to 280.630, 3
except those legally established drains constituting that 4
constitute mainstream portions of certain natural watercourses 5
identified in rules promulgated by the department under section 6
30110, or was constructed or modified under a permit issued 7
pursuant to under this part. As used in this subdivision, 8
"maintenance of a drain" means the physical preservation of the 9
location, depth, and bottom width of a drain and appurtenant 10
structures to restore the function and approximate capacity of the 11
drain as constructed or modified at any time before July 1, 2014, 12
and includes, but is not limited to, the following activities if 13
performed with best management practices: 14
(i) Excavation of accumulated sediments back to original 15
contours. 16
(ii) Reshaping of the side slopes. 17
(iii) Bank stabilization where reasonably necessary to prevent 18
erosion. Materials used for stabilization must be compatible with 19
existing bank or bed materials. 20
(iv) Armoring, lining, or piping if a previously armored, 21
lined, or piped section is being repaired and all work occurs 22
within the footprint of the previous work. 23
(v) Replacement of existing control structures, if the 24
original function of the drain is not changed and the original 25
approximate capacity of the drain is not increased. 26
(vi) Repair of stabilization structures. 27
(vii) Culvert replacement, including culvert extensions of not 28
more than 24 additional feet per culvert. 29
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(viii) Emergency reconstruction of recently damaged parts of the 1
drain. Emergency reconstruction must occur within a reasonable 2
period of time after damage occurs in order to qualify for this 3
exemption. 4
(h) Projects constructed under the watershed protection and 5
flood prevention act, 16 USC 1001 to 1012.1012a. 6
(i) Construction and maintenance of privately owned cooling or 7
storage ponds used in connection with a public utility except at 8
the interface with public waters. 9
(j) Maintenance of a structure constructed under a permit 10
issued pursuant to under this part and identified by rule 11
promulgated under section 30110, if the maintenance is in place and 12
in kind with no design or materials modification. 13
(k) A water withdrawal. 14
(l) Annual installation of a seasonal dock or docks, pilings, 15
mooring buoys, or other mooring structures previously authorized by 16
and in accordance with a permit issued under this part. 17
(m) Controlled access of livestock to streams for watering or 18
crossing if constructed in accordance with applicable practice 19
standards set by the United States Department of Agriculture, 20
Natural Resources Conservation Service. 21
(n) Temporary drawdowns of impoundments at hydroelectric 22
projects licensed by the federal energy regulatory commission 23
Federal Energy Regulatory Commission (FERC) and subject to FERC's 24
authority if both of the following apply: 25
(i) The FERC licensee has consulted this state during the 26
drawdown plan development and this state's concerns have been are 27
addressed in the drawdown plan as FERC considers appropriate. 28
(ii) Adverse environmental impacts, including stream flow, 29
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aquatic resources, and timing, have been avoided and minimized to 1
the extent practical. 2
(o) Removal, by the riparian owner or a person authorized by 3
the riparian owner, of plants that are an aquatic nuisance, as that 4
term is defined in section 3301, if the removal is accomplished by 5
hand-pulling without using a powered or mechanized tool and all 6
plant fragments are removed from the water and properly disposed of 7
on land above the ordinary high-water mark. as defined in section 8
30101. 9
(p) Raking of lake bottomlands by the riparian owner or a 10
person authorized by the riparian owner. To minimize effects on the 11
lake bottomlands, the areas raked shall must be unvegetated before 12
raking and predominantly composed of sand or pebbles, and the 13
raking shall must be performed without using a powered or 14
mechanized tool. For the purposes of this subdivision, the pulling 15
of a nonpowered, nonmechanized tool with a boat is not the use of a 16
powered or mechanized tool. 17
(q) Excavation or construction of a pond on land zoned for 18
residential or agricultural use if all the following conditions are 19
met: 20
(i) The pond, after excavation or construction, will be less 21
than 1 acre in total surface area. 22
(ii) The pond is or will be for noncommercial, residential use. 23
(iii) The pond is not connected to a lake, river, or stream. 24
(r) Placement or distribution of spoils from the excavation of 25
a pond described under subdivision (q) on land adjacent to the 26
upland portions of the property on which the pond is located, or on 27
or near the site of the excavation. 28
(2) As used in this section: , "water 29
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(a) "Residential use" means the use of land, buildings, or 1
structures for human homes or dwelling places. 2
(b) "Water withdrawal" means the removal of water from its 3
source for any purpose. 4
(3) Subsection (1)(q) and (r) are retroactive and take effect 5
January 1, 2020. 6
(4)(3) As used in this part, "agricultural drain" means a 7
human-made conveyance of water that meets all of the following 8
requirements: 9
(a) Does not have continuous flow. 10
(b) Flows primarily as a result of precipitation-induced 11
surface runoff or groundwater drained through subsurface drainage 12
systems. 13
(c) Serves agricultural production. 14
(d) Was constructed before January 1, 1973, or was constructed 15
in compliance with this part or former 1979 PA 203. 16
Sec. 30305. (1) Activities that require a permit under part 17
325 or part 301 or 325 or a discharge that is authorized by a 18
discharge permit under section 3112 or 3113 do not require a permit 19
under this part. 20
(2) The following uses are allowed in a wetland without a 21
permit subject to other laws of this state and the owner's 22
regulation: 23
(a) Fishing, trapping, or hunting. 24
(b) Swimming or boating. 25
(c) Hiking. 26
(d) Grazing of animals, including fencing and post placement 27
if the fence is designed to control livestock, does not exceed 11 28
feet in height, and utilizes an amount of material that does not 29
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exceed that of a woven wire fence utilizing 6-inch vertical spacing 1
and posts. 2
(e) Farming, horticulture, silviculture, lumbering, and 3
ranching activities, including plowing, irrigation, irrigation 4
ditching, seeding, cultivating, minor drainage, harvesting for the 5
production of food, fiber, and forest products, or upland soil and 6
water conservation practices. All of the following apply for the 7
purposes of this subdivision: 8
(i) Beginning October 1, 2013, to To be allowed in a wetland 9
without a permit, these activities shall must be part of an 10
established ongoing farming, ranching, horticultural, or 11
silvicultural operation. Farming and silvicultural activities on 12
areas lying fallow as part of a conventional rotational cycle are 13
part of an established ongoing operation, unless modifications to 14
the hydrological regime or mechanized land clearing are necessary 15
to resume operation. Activities that bring into farming, ranching, 16
horticultural, or silvicultural use an area not in any of these 17
uses, or that convert an area from a forested or silvicultural use 18
to a farming, ranching, or horticultural use, are not part of an 19
established ongoing operation. 20
(ii) Minor drainage does not include drainage associated with 21
the immediate or gradual conversion of a wetland to a nonwetland, 22
or conversion from 1 wetland use to another. Minor drainage does 23
not include the construction of a canal, ditch, dike, or other 24
waterway or structure that drains or otherwise significantly 25
modifies a stream, lake, or wetland. 26
(iii) Wetland altered under this subdivision shall must not be 27
used for a purpose other than a purpose described in this section 28
without a permit from the department. 29
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(f) Maintenance or operation of serviceable structures in 1
existence on October 1, 1980 or constructed pursuant to under this 2
part or former 1979 PA 203. 3
(g) Construction or maintenance of farm or stock ponds. 4
(h) Maintenance of an agricultural drain, regardless of 5
outlet, if all of the following requirements are met: 6
(i) The maintenance includes only activities that maintain the 7
location, depth, and bottom width of the drain as constructed or 8
modified at any time before July 1, 2014. 9
(ii) The maintenance is performed by the landowner or pursuant 10
to in accordance with the drain code of 1956, 1956 PA 40, MCL 280.1 11
to 280.630. 12
(iii) The maintenance does not include any modification that 13
results in additional wetland drainage or conversion of a wetland 14
to a use to which it was not previously subject. 15
(i) Maintenance of a drain that was legally established and 16
constructed pursuant to in accordance with the drain code of 1956, 17
1956 PA 40, MCL 280.1 to 280.630, if the drain was constructed 18
before January 1, 1973 or under a permit issued pursuant to under 19
this part. As used in this subdivision, "maintenance of a drain" 20
means the physical preservation of the location, depth, and bottom 21
width of a drain and appurtenant structures to restore the function 22
and approximate capacity of the drain as constructed or modified at 23
any time before July 1, 2014, including the placement of spoils 24
removed from the drain in locations along that drain where spoils 25
have been previously placed. Maintenance of a drain under this 26
subdivision does not include any modification that results in 27
additional wetland drainage or conversion of a wetland to a use to 28
which it was not previously subject. 29
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(j) Construction or maintenance of farm roads, forest roads, 1
or temporary roads for moving mining or forestry equipment, if the 2
roads are constructed and maintained in a manner to ensure that any 3
adverse effect on the wetland will be minimized. Borrow material 4
for road construction or maintenance shall must be taken from 5
upland sources if feasible. In determining whether an alternative 6
will minimize any adverse effect on the wetland, the department 7
shall consider cost, existing technology, and logistics in light of 8
overall project purposes. 9
(k) Maintenance of public streets, highways, or roads that 10
meets all of the following requirements: 11
(i) Does not include any modification that changes the original 12
location or footprint. 13
(ii) Is done in a manner that minimizes any adverse effect on 14
the wetland. 15
(l) Maintenance or repair of utility lines and associated 16
support structures that meets all of the following requirements: 17
(i) Is done in a manner that minimizes any adverse effect on 18
the wetland. 19
(ii) Does not include any modification to the character, scope, 20
or size of the originally constructed design. 21
(iii) Does not convert a wetland area to a use to which it was 22
not previously subject. 23
For the purposes of this subdivision and subdivision (m), 24
"utility line" means any pipe or pipeline used for the 25
transportation of any gaseous, liquid, liquescent, or slurry 26
substance, for any purpose, and any cable, line, or wire for the 27
transmission for any purpose of electrical energy, telephone or 28
telegraph messages, or radio or television communication. 29
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(m) Installation of utility lines having that have a diameter 1
of 6 inches or less using directional drilling or boring, or 2
knifing-in, and the placement of poles with minimal (less than 1 3
cubic yard) structure support, if the utility lines and poles are 4
installed in a manner that minimizes any adverse effect on the 5
wetland. Directional drilling or boring under this subdivision 6
shall must meet all of the following requirements: 7
(i) The top of the utility line is at least 4 feet below the 8
soil surface of the wetland. However, if the presence of rock 9
prevents the placement of the utility line at the depth otherwise 10
required by this subparagraph, the bottom of the utility line is 11
not placed higher than the top of the rock. 12
(ii) The entry and exit holes are located a sufficient distance 13
from the wetland to ensure that disturbance of the wetland does not 14
occur. 15
(iii) The operation does not result in the eruption or release 16
of any drilling fluids up through the ground and into the wetland 17
and there is an adequate plan to respond to any release of drilling 18
mud or other fill material. 19
(n) Operation or maintenance, including reconstruction of 20
recently damaged parts, of serviceable dikes and levees in 21
existence on October 1, 1980 or constructed pursuant to under this 22
part or former 1979 PA 203. 23
(o) Placement of biological residuals from activities, 24
including the cutting of woody vegetation or the in-place grinding 25
of tree stumps, performed under this section within a wetland, if 26
all the biological residuals originate within that wetland. 27
(p) Excavation or construction of a pond on land zoned for 28
residential or agricultural use if all the following conditions are 29
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met: 1
(i) The pond, after excavation or construction, will be less 2
than 1 acre in total surface area. 3
(ii) The pond is or will be for noncommercial, residential use. 4
(iii) The pond is not connected to a lake, river, or stream. 5
(q) Placement or distribution of spoils from the excavation of 6
a pond described under subdivision (p) on land adjacent to the 7
upland portions of the property on which the pond is located. 8
(3) An activity in a wetland that was effectively drained for 9
farming before October 1, 1980 and that on and after October 1, 10
1980 has continued to be effectively drained as part of an ongoing 11
farming operation is not subject to regulation under this part. 12
(4) A wetland that is incidentally created as a result of 1 or 13
more of the following activities is not subject to regulation under 14
this part: 15
(a) Excavation as part of commercial sand, gravel, or mineral 16
mining, if the area was not a wetland before excavation. This 17
exemption from regulation applies until the property on which the 18
wetland is located meets both of the following requirements: 19
(i) Is no longer used for excavation as part of commercial 20
sand, gravel, or mineral mining. 21
(ii) Is being used for another purpose unrelated to excavation 22
as part of commercial sand, gravel, or mineral mining. 23
(b) Construction and operation of a water treatment pond, 24
lagoon, or storm water stormwater facility in compliance with the 25
requirements of state or federal water pollution control laws. 26
(c) A diked area associated with a landfill if the landfill 27
complies with the terms of the landfill construction permit and if 28
the diked area was not a wetland before diking. 29
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(d) Construction of drains in upland for the sole purpose of 1
removing excess soil moisture from upland areas that are primarily 2
in agricultural use. 3
(e) Construction of roadside ditches in upland for the sole 4
purpose of removing excess soil moisture from upland. 5
(f) An agricultural soil and water conservation practice 6
designed, constructed, and maintained for the purpose of enhancing 7
water quality. 8
(5) An area that becomes contiguous to a water body created as 9
a result of commercial excavation for sand, gravel, or mineral 10
mining is not subject to regulation under this part solely because 11
it that area is contiguous to the created water body. This 12
exemption from regulation applies until the property on which the 13
wetland is located meets both of the following requirements: 14
(a) Is no longer used for excavation as part of commercial 15
sand, gravel, or mineral mining. 16
(b) Is being used for another purpose unrelated to excavation 17
as part of commercial sand, gravel, or mineral mining. 18
(6) Except as provided in subsection (7), the following 19
activities are not subject to regulation under this part: 20
(a) Leveling of sand, removal of vegetation, grooming of soil, 21
or removal of debris, in an area of unconsolidated material 22
predominantly composed of sand, rock, or pebbles, located between 23
the ordinary high-water mark and the water's edge. 24
(b) Mowing of vegetation between the ordinary high-water mark 25
and the water's edge. 26
(7) Subsection (6) does not apply to lands included in the 27
survey of the delta of the St. Clair River, otherwise referred to 28
as the St. Clair flats, located within Clay township, St. Clair 29
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county, as provided for in 1899 PA 175. 1
(8) As used in this section: 2
(a) "Residential use" means the use of land, buildings, or 3
structures for human homes or dwelling places. 4
(b) "Utility line" means any pipe or pipeline used for the 5
transportation of any gaseous, liquid, liquescent, or slurry 6
substance, for any purpose, and any cable, line, or wire for the 7
transmission for any purpose of electrical energy, telephone or 8
telegraph messages, or radio or television communication. 9
(9) (8) As used in this part, "agricultural drain" means a 10
human-made conveyance of water that meets all of the following 11
requirements: 12
(a) Does not have continuous flow. 13
(b) Flows primarily as a result of precipitation-induced 14
surface runoff or groundwater drained through subsurface drainage 15
systems. 16
(c) Serves agricultural production. 17
(d) Was constructed before January 1, 1973, or was constructed 18
in compliance with this part or former 1979 PA 203. 19