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HOUSE BILL NO. 6143
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
(MCL 324.101 to 324.90106) by adding sections 32509a and 32509b;
and to provide for a referendum.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 32509a. As used in section 32509b: 1
(a) "Boathouse" means a structure designed to provide shelter 2
and protection from the elements and for docking, wharfage, 3
accessing vessels and storing items for water related uses. 4
(b) "Les Cheneaux Islands" means the archipelago of 36 5
June 30, 2026, Introduced by Reps. Fairbairn, Cavitt and Roth and referred to Committee on
Natural Resources and Tourism.
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islands, as well as the Lake Huron shoreline of the Upper Peninsula 1
of this state, partially or entirely contained within the area that 2
begins at the southerly extremity of the point of land on the 3
easterly side of Dudley Bay; running thence southwesterly in a 4
straight line to the southeasterly extremity of Beaver Tail Point; 5
running thence westerly in a straight line to the southeasterly 6
point of Crow Island; running thence southwesterly in a straight 7
line to the extreme southeasterly point of Boot Island; running 8
thence southwesterly in a straight line to Point Fuyards; and 9
running thence northwesterly in a straight line to the extreme 10
southerly part of St. Martin's Point. 11
(c) "Traditional timber crib dock" means a dock or dock 12
foundation constructed primarily of natural wood and natural stone, 13
designed to allow water flow through the structure, and placed on 14
submerged lands for riparian access, docking, wharfage, and 15
mooring, including for repair, replacement, maintenance, or 16
reconstruction. 17
Sec. 32509b. (1) The department shall approve an application 18
for a permit submitted in accordance with this part and part 13 for 19
a traditional timber crib dock or boathouse, or both, within the 20
Les Cheneaux Islands if the following conditions are met: 21
(a) The traditional timber crib dock or boathouse is approved 22
by the local unit of government that has zoning or planning 23
jurisdiction over the area in which the traditional timber crib 24
dock or boathouse will be installed. 25
(b) Once installed, the traditional timber crib dock or 26
boathouse, or both, will not extend beyond the applicant's riparian 27
frontage or create a demonstrable navigational hazard. 28
(c) The traditional timber crib dock or boathouse is 29
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constructed of natural wood and natural stone and is designed as a 1
permeable structure. 2
(2) If the conditions under subsection (1) are not met, the 3
department may deny the permit and provide the applicant a written 4
notice that clearly states that the traditional timber crib dock or 5
boathouse, or both, would cause substantial adverse environmental 6
impacts to the public trust bottomlands. The department shall 7
include site-specific evidence of the impacts described in the 8
written notice provided under this subsection. 9
(3) The department shall not deny or condition a permit 10
granted under this section for any of the following reasons without 11
site-specific evidence of substantial environmental impacts: 12
(a) Another lawful docking system may have a smaller physical 13
footprint. 14
(b) A generalized assumption regarding sediment transport, 15
littoral drift, or shoreline processes. 16
(c) A generalized assumption regarding the adverse effects to 17
the environment or the public trust based on the size of the 18
physical footprint of the traditional timber crib dock or 19
boathouse, or both. 20
(d) A generalized assumption regarding the adverse effects to 21
the aquatic ecosystem. 22
Enacting section 1. (1) This amendatory act does not take 23
effect unless approved by a majority of the electors of Clark 24
Township voting on the question. The question of the approval of 25
this amendatory act shall be submitted to the qualified electors of 26
Clark Township at the next regular election to be held not less 27
than 60 days after the effective date of this amendatory act or at 28
a special election called for that purpose. The question shall be 29
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Final Page
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submitted in substantially the following form: 1
"Shall "A bill to amend 1994 PA 451, entitled the "Natural 2
resources and environmental protection act," (MCL 324.101 to 3
324.90106) by adding sections 32509a and 32509b; and to provide for 4
a referendum," be adopted? 5
Yes ( ) 6
No ( )". 7
(2) If a majority of the electors voting on the question, as 8
determined by the canvass of votes cast, vote in favor of the 9
adoption of this amendatory act, the amendatory act takes effect 10 10
days following the certification of the election results. 11