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SB-947, As Passed Senate, July 2, 2026
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SUBSTITUTE FOR
SENATE BILL NO. 947
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) For a high hazard potential or significant hazard 7
potential dam, an impounding capacity at design flood elevation of 8
15 acre-feet or more. 9
(7) Dam does not include a storage or processing tank or 10
standpipe constructed of steel or concrete, a roadway embankment 11
not designed to impound water, or a dug pond where there is no 12
impoundment of water or waste materials containing water at levels 13
above adjacent natural grade levels. 14
(8) (7) "Days" means calendar days, including Sundays and 15
holidays. 16
(9) (8) "Design flood" means the design flow rate for spillway 17
capacity and dam height design. 18
(10) (9) "Design flood elevation" means the maximum flood 19
elevation that is considered in the design of the spillway capacity 20
and freeboard for a dam. 21
(11) (10) "Downstream toe elevation" means the elevation of 22
the lowest point of intersection between the downstream slope of an 23
earthen embankment and the natural ground. 24
Sec. 31503. (1) "Emergency action plan" means a plan developed 25
by the owner that establishes procedures for notification of the 26
department, public off-site authorities, and other agencies of the 27
emergency actions to be taken prior to before, during, and 28
following after an impending or actual failure of a dam. 29
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(2) "Enlargement" means any change in or addition to an 1
existing dam which that raises or may raise the design flood 2
elevation of the water impounded by the dam. 3
(3) "Failed dam" means a dam not capable of impounding water 4
at its intended level due to a structural deficiency. 5
(4) "Failure" means an incident resulting in an unplanned or 6
uncontrolled release of water from a dam. 7
(5) "Flood of record" means the greatest flow rate determined 8
by the department to have occurred at a particular location. 9
(6) "Freeboard" means the vertical distance between the design 10
flood elevation and the lowest point of the top of the dam. 11
(7) "Half probable maximum flood" means the largest flood that 12
may reasonably occur over a watershed , and is derived from the 13
combination of hydrologic runoff parameters and the half probable 14
maximum storm precipitation that produces the maximum runoff. 15
(8) "Half probable maximum storm" precipitation" means the 16
spatial and temporal distribution of the probable maximum 17
precipitation, divided by 2, that produces the maximum volume of 18
precipitation over a watershed. 19
(9) "Hazard potential classification" means a reference to the 20
potential for loss of life, property damage, and environmental 21
damage in the area downstream of a dam in the event of failure of 22
the dam or appurtenant works. 23
(10) "Height" means the difference in elevation measured 24
vertically between the natural bed of a stream or watercourse at 25
the downstream toe of the dam, or, if it is not across a stream 26
channel or watercourse, from the lowest elevation of the downstream 27
toe of the dam, to the design flood elevation or to the lowest 28
point of the top of the dam, whichever is less. 29
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(11) "High hazard potential dam" means a dam located in an 1
area where a failure may cause serious damage to inhabited homes, 2
agricultural buildings, campgrounds, recreational facilities, 3
industrial or commercial buildings, public utilities , main 4
highways, or in areas with a population density greater than or 5
equal to 5,000 people per square mile, interstate roads, other 6
freeway roads, other principal arterial roads as defined in the 7
National Functional Classification (NFC) system, class I carrier 8
railroads, or where environmental degradation or natural resource 9
damage would be significant, or where danger to individuals exists 10
with the potential for loss of life. 11
Sec. 31504. (1) "Impoundment" means the water held back by a 12
dam. 13
(2) "Inflow design flood" means the flood hydrograph entering 14
the reservoir that is used to design or modify a specific dam and 15
its appurtenant works, including, but not limited to, sizing the 16
spillway and outlet works and evaluating the maximum storage, 17
height of the dam, and freeboard requirements. 18
(3) (2) "Low hazard potential dam" means a dam located in an 19
area where failure may cause damage limited to agriculture, 20
uninhabited buildings, structures, or township or county minor 21
collector roads, local roads, or nonrated roadways as defined in 22
the National Functional Classification (NFC) system, where 23
environmental degradation would be minimal, and where danger to 24
individuals is slight or nonexistent. 25
(4) (3) "Maintenance" means the upkeep of a dam and its 26
impoundment and appurtenant works but does not include alterations 27
or repairs. 28
(5) (4) "One-hundred year flood" means a flood that has a 1% 29
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chance of being equaled or exceeded in any given year. 1
(6) (5) "Owner" means a person who that owns, leases, 2
controls, operates, maintains, manages, or proposes to construct a 3
dam. 4
(7) "Probable maximum flood" means the largest flood that may 5
reasonably occur over a watershed and is derived from the 6
combination of hydrologic runoff parameters and the probable 7
maximum precipitation that produces the maximum runoff. 8
(8) (6) "Probable maximum precipitation" means the 9
theoretically greatest depth of precipitation for a given duration 10
that is physically possible over a given size storm area at a 11
particular geographic location at a certain time of year. 12
Sec. 31505. (1) "Removal" means the physical elimination of a 13
dam or impoundment. 14
(2) "Repair" means to substantially restore a dam to its 15
original condition and includes only such restoration as that may 16
directly affect the structural integrity of the dam. 17
(3) "Riparian owner" means a person who that has riparian 18
rights. 19
(4) "Riparian rights" means rights which that accrue by 20
operation of law to a landowner on the banks of an inland lake or 21
stream. 22
(5) "Significant hazard potential dam" means a dam located in 23
an area where its failure may cause damage limited to isolated 24
inhabited homes, agricultural buildings, structures, secondary 25
highways, short line or minor arterial roads or major collector 26
roads as defined in the National Functional Classification (NFC) 27
system, railroads not classified as class I, or public utilities in 28
areas with a population density less than 5,000 people per square 29
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mile, where environmental degradation may be significant, or where 1
danger to individuals exists. 2
(6) "Spillway" means a waterway in or about a dam designed for 3
the discharge of water. 4
(7) "Spillway capacity" means the maximum rate of discharge 5
that will pass through a spillway at design flood elevation. 6
(8) "Two-hundred year flood" means a flood that has a 0.5% 7
chance of being equaled or exceeded in any given year. 8
Sec. 31506. (1) Except as otherwise provided in subsections 9
(2) and (3), dams and impoundments in the this state are under the 10
jurisdiction of the department. 11
(2) The following are exempt from this part: 12
(a) Projects licensed, projects that have preliminary permits, 13
or projects for which an application for licensure has been filed 14
under the federal power act, chapter 285, 41 Stat. 1063, 16 U.S.C. 15
791a to 793, 796 to 797, 798 to 818, 820 to 824a, and 824b to 825r, 16
if federal dam safety inspection provisions apply during the 17
license period and the inspection reports are provided to the 18
department. 19
(a) (b) Projects located on boundary waters under the 20
jurisdiction and supervision of the United States army corps Army 21
Corps of engineers.Engineers. 22
(b) (c) Impoundments licensed pursuant to under part 115 that 23
contain or are designed to contain type III wastes as defined in 24
rules promulgated under that part. 25
(3) Until January 1, 1998, a permit shall not be required 26
under this part for the repair, reconstruction, or improvement of a 27
dam, a portion of which is at least 75 years old, was damaged or 28
destroyed by an act of God and is located in a county that has a 29
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per capita income of less than $8,500.00. However, a person who is 1
performing a project for the repair, reconstruction, or improvement 2
of a dam that is exempt from obtaining a permit under this 3
subsection shall submit to the department and the joint capital 4
outlay committee plans and specifications for the project. These 5
plans and specifications shall be prepared by a licensed 6
professional engineer and shall meet acceptable standards in the 7
industry in order for a dam to be repaired, reconstructed, or 8
improved. In reviewing plans and specifications for the project, 9
the joint capital outlay committee may recommend environmental 10
considerations to protect water quality such as underspill devices, 11
minimum flow releases and removal of contaminated sediments that 12
may be resuspended in the water column upon impoundment. Such 13
contaminated sediments shall be disposed of in accordance with 14
state law. 15
(3) Documents submitted under this section for a dam licensed 16
under the federal power act, 16 USC 791a to 825r, that are 17
designated critical energy infrastructure by the United States 18
Department of Energy under section 215A(d) of the federal power 19
act, 16 USC 824o-1, are not subject to disclosure under the freedom 20
of information act, 1976 PA 442, MCL 15.231 to 15.246. 21
Sec. 31506a. If a dam or impoundment was previously licensed 22
under the federal power act, 16 USC 791a to 825r, and the dam or 23
impoundment subsequently comes under the jurisdiction of this 24
state, the owner shall provide the department with the full 25
inventory of information that was previously provided to the 26
Federal Energy Regulatory Commission as part of the requirements 27
for licensure under the federal power act, 16 USC 791a to 825r. 28
Sec. 31507. (1) A person shall not construct, enlarge, repair, 29
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reconstruct, alter, or remove , or abandon any a dam except in a 1
manner provided for in this part. 2
(2) This section does not apply to maintenance performed on a 3
dam that does not affect the structural integrity of the dam. 4
Sec. 31508. (1) Except as otherwise provided in subsection 5
(2), a A licensed professional engineer shall prepare all plans and 6
specifications and the comprehensive evaluation under section 7
31518a, except for minor projects undertaken pursuant to under 8
section 31513. 9
(2) A person who is not a licensed professional engineer may 10
prepare plans and specifications only for repairs or alterations to 11
a dam where the application is made by a nonprofit organization 12
under the following circumstances: 13
(a) The nonprofit organization has assets of less than 14
$30,000.00, is exempt from taxation under section 501(c)(3) of the 15
internal revenue code of 1986, 26 U.S.C. 501, and is not composed 16
primarily of the owners of property adjacent to or contiguous to an 17
impoundment. 18
(b) The proposed repairs or alterations have a projected total 19
cost of less than $25,000.00. 20
(c) The impoundment is open to the public and a notice of 21
public access is posted. 22
(2) Plans and specifications prepared under subsection (1) and 23
a comprehensive evaluation under section 31518a must include 24
documentation that demonstrates that the licensed professional 25
engineer or design team preparing the plans and specifications and 26
comprehensive evaluation has successfully completed or been in 27
consultation with licensed professional engineers who have, at a 28
minimum, completed 5 similar projects, including any of the 29
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following project types: 1
(a) Construction of a new dam. 2
(b) Reconstruction of a failed dam. 3
(c) Enlargement of a dam. 4
(d) Complex alteration of a dam, such as significant 5
rehabilitation or reconstruction of an existing dam. 6
(e) Removal of an existing dam. 7
Sec. 31509. (1) Except as otherwise provided in this part or 8
as authorized by a permit issued by the department pursuant to 9
under part 13, a person shall not undertake any of the following 10
activities: 11
(a) Construction of a new dam. 12
(b) Enlargement of a dam or an impoundment. 13
(c) Repair of a dam. 14
(d) Alteration of a dam. 15
(e) Removal of a dam. 16
(f) Abandonment of a dam. 17
(f) (g) Reconstruction of a failed dam. 18
(2) An application for a permit shall must include any 19
information that the department determines is necessary for the 20
administration of this part and a first-filling plan or refilling 21
plan, as applicable. If a project includes activities at multiple 22
locations, 1 application may be filed for the combined activities. 23
(3) An application for a permit for construction of a new dam, 24
reconstruction of a failed dam, or enlargement of a dam shall must 25
be accompanied by the following fees: 26
(a) For a dam with a height of 6 feet or more but less than 10 27
feet, $500.00. 28
(b) For a dam with a height of 10 feet or more but less than 29
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20 feet, $1,000.00. 1
(c) For a dam with a height of 20 feet or more, $3,000.00. 2
(4) An application for a permit for the repair, alteration, 3
removal, or abandonment of a dam, shall must be accompanied by a 4
fee of $200.00, and an application for a permit for a minor project 5
pursuant to under section 31513(1) shall must be accompanied by a 6
fee of $100.00. 7
(5) If a person submits an application for the transfer of the 8
permit issued under this part, in addition to the fee required 9
under subsection (4), the application must be accompanied by a 10
written agreement between the current and new owners or operators 11
of the dam that contains a specific date for the transfer of 12
responsibility, coverage, and liability under the permit. 13
(6) (5) The department shall waive the fees under this section 14
for 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
(7) If work is done to a dam in violation of a permit 24
requirement under this part, the department shall consider 25
accepting, and may accept, an application for a permit if the 26
application is accompanied by a fee equal to twice the application 27
fee otherwise required under this section. 28
(8) (6) The department shall forward fees collected under this 29
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section to the state treasurer for deposit in the land and water 1
management permit fee fund created in section 30113. 2
(9) At any time before an application is submitted under this 3
section, an applicant for a permit may request, in writing, a 4
preapplication meeting with the department. The preapplication 5
meeting request must include the requested location of the meeting. 6
Not later than 30 days after the preapplication meeting request is 7
received, unless an alternative timeline is agreed to by both 8
parties, the department shall meet with the applicant to review a 9
proposed project or a proposed permit application in its entirety. 10
A preapplication meeting must take place at the department's 11
district office for the district that includes the project site or 12
at the project site itself, as specified in the preapplication 13
meeting request. 14
Sec. 31509a. (1) The department shall establish a staggered 15
registration process that meets all of the following conditions: 16
(a) Is divided into 5 rounds and each round lasts not more 17
than 2 years, with the first round of registrations beginning 6 18
months after the effective date of the 2026 amendatory act that 19
added this section. 20
(b) Registers 1/5 of all dams in this state each round. 21
(c) Identifies the dams that are subject to registration in 22
each round based on hazard potential classification and other 23
relevant considerations. 24
(2) Subject to subsection (1), an owner shall register all of 25
its dams with the department on a form and in a manner prescribed 26
by the department. The application for a registration under this 27
section must include all of the following information: 28
(a) Proof of ownership of the dam. 29
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(b) An asset management plan for all dams owned by the owner, 1
that includes all of the following information: 2
(i) An inventory of all dam assets. 3
(ii) An assessment of conditions, remaining life, and critical 4
deficiencies and failure modes, and a life cycle cost analysis. 5
(iii) An assessment of probability and consequences of dam 6
failure. 7
(iv) A list of funding sources adequate to cover estimated life 8
cycle costs. 9
(v) A performance evaluation that includes regulatory 10
compliance, inspection schedule, instrumentation monitoring, and 11
internal operations. 12
(c) A demonstrated compliance with this part that includes all 13
of the following: 14
(i) A current inspection report under section 31518 and a plan 15
and schedule approved by the department to address any deficiencies 16
identified in the inspection report, if applicable. 17
(ii) For high hazard potential and significant hazard potential 18
dams, a current, comprehensive evaluation report under section 19
31518a, and a plan and schedule approved by the department to 20
address any deficiencies identified in the comprehensive evaluation 21
report, if applicable. 22
(iii) A current surveillance and monitoring plan under section 23
31518b. 24
(iv) A current operation and maintenance plan under section 25
31518c. 26
(v) A current safety and security plan under section 31518d. 27
(d) Any additional information that the department determines 28
is necessary for dam safety. 29
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(3) A registration issued under this section is valid for 10 1
years. Not later than April 1 of the year the registration expires, 2
to renew a registration, an owner shall submit an application for 3
registration under subsection (2). 4
(4) The department shall approve or deny an application for a 5
registration not later than 120 days after the application is 6
complete. The department shall deny an application for registration 7
that does not sufficiently demonstrate that the public health, 8
safety, welfare, property, or natural resources, or the public 9
trust in those natural resources, is protected. 10
(5) The department may revoke a registration, after notice and 11
opportunity for a hearing in accordance with the administrative 12
procedures act of 1969, for any of the following reasons: 13
(a) A violation of the terms of the registration or a change 14
in the condition of the dam. 15
(b) The owner failed to disclose relevant facts or otherwise 16
obtained a registration by misrepresentation. 17
(c) The dam is subject to any of the following: 18
(i) An order under section 31518(7). 19
(ii) An order to limit dam operations or an order for the 20
removal of the dam under section 31519. 21
(iii) An emergency order under section 31521. 22
(iv) Any other violation under section 31524. 23
(6) If the department revokes a registration under subsection 24
(5), the department shall notify the owner in writing of the 25
revocation not later than 30 days after the hearing and state the 26
deficiency and request additional information. 27
(7) If the department denies a registration under subsection 28
(4) or revokes a registration under subsection (5), the owner shall 29
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submit a revised application for registration not later than 180 1
days after the notification is received under subsection (4) or 2
(6). 3
(8) An owner can transfer a registration to a new owner if 4
both of the following conditions are met: 5
(a) The new owner is willing and financially capable of 6
complying with the terms of the registration. 7
(b) The owner receives written approval from the department 8
for the transfer. 9
(9) The owner shall submit a request for transfer of a 10
registration under subsection (8) on a form and in a manner 11
prescribed by the department. The request for a transfer of a 12
registration must be accompanied by a written agreement between the 13
owner and new owner that states a specific date for the transfer of 14
responsibility. 15
Sec. 31509b. Beginning January 1, 2029, and not later than 16
January 1 every 3 years thereafter, the department shall adjust the 17
fees described in section 31509 by an amount as determined by the 18
state treasurer at the end of the preceding fiscal year, rounded to 19
the nearest 10 dollars, to reflect the cumulative percentage change 20
in the United States Consumer Price Index from the most recent 3-21
year period for which data are available from the Bureau of Labor 22
Statistics of the United States Department of Labor. 23
Sec. 31510. (1) A person who wants to be notified of pending 24
applications for permits issued under this part may make a written 25
request to the department, accompanied by an annual fee of $25.00. 26
The fee shall be deposited in the state treasury and credited to 27
the general fund. 28
(2) The department shall prepare a biweekly list of the 29
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applications made during the previous biweekly period and shall 1
promptly mail copies of the list for the remainder of the calendar 2
year to the persons who have requested notice and paid the fee 3
under this section. 4
(3) The biweekly list shall state the name and address of each 5
applicant, the legal description of the lands included in the 6
applicant's project, and a summary statement of the purpose of the 7
project.The department shall post on its website, and establish a 8
process to provide email notification of, both of the following: 9
(a) A list of pending applications for registration under 10
section 31509a. 11
(b) Public notices and a schedule of public hearings under 12
section 31511. 13
Sec. 31511. (1) Upon On receipt of an application for a permit 14
under this part, section 31509, the department shall submit copies 15
of the application accompanied by for a permit with a statement 16
indicating that indicates that the department may act upon on the 17
application for a permit without a public hearing unless a written 18
request is filed with the department within not later than 20 days 19
after the submission for review. The department shall submit copies 20
of the application to all of the following: 21
(a) The local unit of government where the project is to be 22
located. 23
(b) The adjacent riparian owners. 24
(c) Any person considered appropriate by the department. 25
(d) Any person who that requests copies. 26
(e) A watershed council, organized pursuant to under part 311, 27
of the watershed within which the project is located or is to will 28
be located. 29
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(2) The department may hold a public hearing upon on the 1
written request of any of the following: 2
(a) An applicant. 3
(b) A riparian owner. 4
(c) A person or local unit of government that is entitled to 5
receive a copy of the application pursuant to under subsection (1). 6
(3) A public hearing held pursuant to this section shall be 7
held in compliance with the open meetings act, Act No. 267 of the 8
Public Acts of 1976, being sections 15.261 to 15.275 of the 9
Michigan Compiled Laws. Public notice of the time, date, and place 10
of the hearing shall be given in the manner provided by that act. 11
Additionally, the department shall mail copies of the public notice 12
to the persons who have requested the biweekly list pursuant to 13
section 31510, the person requesting the hearing, and the persons 14
and local units of government that are entitled to receive a copy 15
of the application pursuant to subsection (1). 16
(3) The department may issue a conditional permit before the 17
expiration of the 20-day period provided under subsection (1) if 18
emergency conditions exist and warrant the project to protect 19
property or public health, safety, or welfare. 20
Sec. 31513. (1) The department shall promulgate rules in 21
accordance with the administrative procedures act of 1969 to 22
establish minor project categories for alterations and repairs that 23
have minimal effect on the structural integrity of a dam. The 24
department may act upon on an application and grant a permit for an 25
activity or project within a minor project category, after an on-26
site inspection of the dam, without providing public notice. 27
(2) All other provisions of this part shall be are applicable 28
to minor projects, except that a final inspection by the department 29
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or certification of the project by a licensed professional engineer 1
shall is not be required for a project completed under a permit 2
granted pursuant to issued under subsection (1). 3
Sec. 31515. (1) Except as otherwise provided in this section, 4
a permit issued by the department under this part shall must 5
require that plans and specifications be approved by the department 6
before construction begins. The department shall approve or reject 7
complete plans and specifications within not later than 60 days 8
after their receipt. the plans and specifications are received. The 9
permitted activity shall must be completed within a specified time 10
not to exceed 2 years after the date of issuance of the permit is 11
issued. Upon On the written application of the permittee, and for 12
good cause shown, the department may extend the time for completing 13
construction. The permittee shall notify the department at least 10 14
days before beginning construction and shall otherwise notify the 15
department as the department may require. 16
(2) A The permittee shall not implement a change in approved 17
plans and specifications shall not be implemented unless the 18
department gives its prior approval. The department shall approve 19
or reject changes in plans and specifications within not later than 20
30 days after the department receives the request for the changes. 21
(3) A permit is effective for the length of time specified in 22
the permit unless it the permit is revoked pursuant to under this 23
part. The department may renew a permit. 24
(4) A permit to alter, repair, or construct a new dam, 25
reconstruct a failed dam, or enlarge the surface area of an 26
impoundment by more than 10% may specify the terms and conditions 27
including, but not limited to, requirements for minimum flows, cold 28
water release, impoundment fluctuations, portage, contingency 29
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plans, and conditions under which the work is to be performed. The 1
terms and conditions of a permit shall must be effective for the 2
life of the project. The department may consider, in issuing a 3
permit, any mitigating measures in conjunction with the permitted 4
activities and may make recommendations as to means of fish passage 5
that may be required by part 483. 6
(5) A permit to construct a new dam, or to reconstruct a 7
failed dam, or to enlarge, alter, or remove an existing dam may 8
require a performance bond to assure ensure completion of the 9
project or to provide for complete or partial restoration of the 10
project site, as determined by the department in rules promulgated 11
by the department. 12
(6) A permit may be suspended, revoked, annulled, withdrawn, 13
recalled, canceled, or amended after After a hearing is held in 14
accordance with the administrative procedures act of 1969, the 15
department may revoke or modify a permit for a violation of any of 16
its provisions, a violation of the permit, this part, a violation 17
of or a rule promulgated under this part, or for any 18
misrepresentation contained in the application for the permit. 19
Hearings shall be conducted by the department in accordance with 20
the provisions for contested cases in the administrative procedures 21
act of 1969. 22
Sec. 31516. (1) Spillway Subject to subsection (4), spillway 23
capacity shall must meet the following minimum criteria: 24
(a) Low hazard potential dams shall must be capable of passing 25
the 100-year flood, or the flood of record, whichever is greater. 26
(b) Significant hazard potential dams shall must be capable of 27
passing the 200-year half probable maximum flood, or the flood of 28
record, whichever is greater. 29
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RMH S07004'26 (S-2)_SB947_APS_1 3spqy0
(c) High hazard potential dams , less than 40 feet in height, 1
as measured from the 200-year design flood elevation to the lowest 2
downstream toe elevation, shall be capable of passing the 200-year 3
flood, or the flood of record, whichever is greater. 4
(d) High hazard potential dams, 40 feet or greater in height, 5
as measured from the 200-year design flood elevation to the lowest 6
downstream toe elevation, shall must be capable of passing the half 7
probable maximum flood, . The half probable maximum flood criterion 8
may be reduced to not less than the 200-year flood, with proper 9
documentation evidencing a failure of a dam under half probable 10
maximum flood conditions will not cause additional flood damage or 11
loss of life.or the flood of record, whichever is greater. 12
(d) (e) Spillway design capacity shall not must be not less 13
than the flood of record. 14
(2) Freeboard shall must be considered when determining 15
spillway capacity. 16
(3) If a dam cannot pass the design flood, an auxiliary 17
additional spillway capacity must be provided. The owner must 18
document, to the satisfaction of the department, that the dam has 19
sufficient spillway capacity, and that proper means are available 20
to operate the spillway or spillways during the design flood. 21
(4) The criteria described under subsection (1) may be reduced 22
in accordance with a site-specific, consequence-based, or risk-23
based inflow design flood study completed in a manner approved by 24
the department. 25
Sec. 31517. (1) Except for minor projects authorized pursuant 26
to under section 31513, the owner shall do both of the following: 27
(a) Within Not later than 10 days after the completion of a 28
new, reconstructed, enlarged, repaired, or altered dam, notify the 29
21
RMH S07004'26 (S-2)_SB947_APS_1 3spqy0
department of its completion. 1
(b) Within Not later than 20 days after submitting the notice 2
of completion, file with the department as-built plans and a 3
statement signed by a licensed professional engineer certifying 4
that certifies that the project was constructed in conformance with 5
plans and specifications approved by the department. 6
(2) The department shall inspect the project and shall provide 7
the owner with written notice of final approval after the project 8
is completed if the project is determined to have been completed in 9
accordance with approved plans, specifications, and permit 10
conditions. The department may also inspect the project during 11
construction of the project. 12
(3) If the project is determined not to be completed in 13
accordance with approved plans, and specifications approved by the 14
department specifications, and permit conditions described under 15
subsection (2), the department shall provide notice to the 16
permittee as to the specific reasons the department determines the 17
project not to be completed in accordance with those the plans, 18
specifications, or permit conditions. The department may then take 19
enforcement action as provided in this part. 20
(4) Nothing in this act is construed to relieve an owner of 21
the legal duties, obligations, or liabilities incident to the 22
ownership or operation of a dam or impoundment. 23
(5) An action must not be brought against this state or the 24
department for the recovery of damages caused by the partial or 25
total failure of a dam as a result of the department's inspection 26
or regulation of the dam under this part. 27
Sec. 31517a. (1) An owner shall prepare and keep current 28
operations and maintenance records for each dam owned by the owner. 29
22
RMH S07004'26 (S-2)_SB947_APS_1 3spqy0
The operations and maintenance records must, at a minimum, contain 1
all of the following: 2
(a) A brief description of the major elements of the dam. 3
(b) Operation procedures during normal and high flows. 4
(c) Emergency action plans. 5
(d) Copies of recent inspection reports submitted to the 6
department under section 31518. 7
(e) Maintenance work order procedures. 8
(f) Sample maintenance and inspection forms. 9
(g) Key contact information. 10
(2) An owner shall prepare and keep current a surveillance and 11
monitoring plan for each dam owned by the owner. 12
(3) An owner shall maintain all of the records described under 13
this section and make the records available to the department on 14
request. 15
Sec. 31518. (1) An owner shall submit to the department 16
inspection reports prepared by a licensed professional engineer 17
that evaluate the condition of the dam. The inspection report shall 18
must be submitted as follows: 19
(a) Not less than once every 3 years year for high hazard 20
potential dams. 21
(b) Not less than once every 4 2 years for significant hazard 22
potential dams. 23
(c) Not less than once every 5 years for low hazard potential 24
dams. 25
(2) The department shall determine the hazard potential 26
classification of for all dams and shall establish an inspection 27
schedule. The department shall notify the owner of each dam's 28
hazard potential classification, the effective date of each hazard 29
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RMH S07004'26 (S-2)_SB947_APS_1 3spqy0
potential classification, and each dam's hazard potential history. 1
Not later than 30 days after the owner receives the department's 2
notice of a dam's hazard potential classification, the owner shall 3
provide the department with information regarding how the owner 4
will meet the requirements of the dam's hazard potential 5
classification, including, but not limited to, spillway capacity, 6
emergency action plan, inundation mapping requirements, and an 7
inspection schedule. An inspection schedule shall developed under 8
this subsection must require annual submission of inspection 9
reports for approximately 1/3 of all high hazard potential dams, 10
1/4 1/2 of all significant hazard potential dams, and 1/5 of all 11
low hazard potential dams. The department shall notify the owners 12
in writing when inspection reports are due. The department may 13
order additional inspection reports following an event or change in 14
condition that could threaten a dam. 15
(3) An inspection report required by this section shall must 16
include, at a minimum, all of the following: 17
(a) An evaluation of the dam's condition, spillway capacity, 18
operational adequacy, and structural integrity. 19
(b) A determination of whether deficiencies exist that could 20
lead to the failure of the dam. 21
(c) Recommendations for maintenance, repair, and alterations 22
of a dam as are necessary to eliminate any deficiencies. 23
(d) A schedule to address deficiencies that is approved by the 24
department. An owner violates this part if the owner fails to 25
address deficiencies in accordance with the schedule approved under 26
this subdivision. The department may modify the schedule under this 27
subdivision to address deficiencies based on the conditions of the 28
dam. 29
24
RMH S07004'26 (S-2)_SB947_APS_1 3spqy0
(e) An assessment of the appropriateness of the current hazard 1
potential classification established under subsection (1) taking 2
into consideration the current conditions that exist downstream of 3
the dam. An assessment under this subdivision must consider 4
conditions related to damage as identified under a significant 5
hazard potential dam classification and serious damage as 6
identified under a high hazard potential dam classification that 7
might have changed since the effective date of the current hazard 8
potential classification established under subsection (1). 9
(f) An assessment of operations and maintenance based on the 10
requirements of the current operation and maintenance records 11
prepared under section 31517a. 12
(g) An evaluation of the risk or changes in risk of 13
significant hazard potential and low hazard potential dams, if 14
applicable. 15
(h) A review of the original design, construction, 16
maintenance, repair, and probable failure mode records of high 17
hazard potential and significant hazard potential dams, if 18
applicable. 19
(i) Recommendations for more detailed investigations or 20
evaluations as needed to determine the condition of the dam. 21
(4) Instead of engaging a licensed professional engineer to 22
prepare an inspection report, local units of government or an 23
organization of the type described in section 31508(2)(a) through 24
(c) 31509(5) may request the department to conduct a visual 25
inspection of a dam owned by that local unit of government and 26
prepare a report on the condition of the dam in accordance with 27
subsection (3). The department shall notify a requesting local unit 28
of government as to when the inspection is to occur. 29
25
RMH S07004'26 (S-2)_SB947_APS_1 3spqy0
(5) If an inspection report discloses the need for a more 1
detailed investigation or evaluation of certain dam features for 2
the purpose of determining the condition of the dam, the department 3
may order the completion and submission of that detailed 4
investigation or evaluation at the expense of the owner. An 5
investigation or evaluation required under this subsection shall 6
must be conducted under the supervision of a licensed professional 7
engineer. 8
(6) If an owner does not submit an inspection report as 9
required by subsection (1) or conduct additional investigations if 10
required by subsection (5), the department or any person who that 11
would have life or property threatened by a breach of the dam may 12
have a report prepared and recover the costs of preparing the 13
report in a civil action. commenced in a court of competent 14
jurisdiction. This subsection does not limit the right of any 15
person to bring a cause of action in a court of proper jurisdiction 16
to compel an owner to comply with the requirements of this part. 17
(7) If, based on the findings and recommendations of the 18
inspection report, and an inspection by the department, or if the 19
department finds that a condition exists which that endangers a the 20
dam, it the department shall order the owner to take actions that 21
the department considers necessary to alleviate the danger. 22
Sec. 31518a. (1) For high hazard potential and significant 23
hazard potential dams, an owner shall submit to the department a 24
comprehensive evaluation report prepared by a licensed professional 25
engineer that evaluates the overall safety of the dam. For low 26
hazard potential dams, the department may require an owner to 27
submit a comprehensive evaluation report as provided under this 28
subsection. The comprehensive evaluation report must be submitted 29
26
RMH S07004'26 (S-2)_SB947_APS_1 3spqy0
not less than once every 10 years on a schedule determined by the 1
department. 2
(2) The comprehensive evaluation report must include, but is 3
not limited to, a detailed evaluation and recommendation for all of 4
the following: 5
(a) The dam's condition, spillway capacity, operational 6
adequacy, and structural integrity. 7
(b) The adequacy of the dam's original design and 8
construction. 9
(c) The adequacy of the dam's operation and maintenance 10
procedures. 11
(d) Probable failure modes and risk reduction measures. 12
(e) Conformance with current dam safety practices. 13
(f) Any deficiencies that exist that could lead to failure of 14
the dam. 15
(g) Maintenance, repair, and alterations of a dam that are 16
necessary to eliminate the deficiencies described under subdivision 17
(f). 18
Sec. 31518b. (1) An owner shall prepare, and keep current, a 19
surveillance and monitoring plan and submit the plan to the 20
department for review. The surveillance and monitoring plan must be 21
consistent with standard engineering practices. 22
(2) A surveillance and monitoring plan must include, but is 23
not limited to, all of the following information: 24
(a) The name, address, and telephone number of the owner, and 25
any agent or employee of the owner responsible for the operation of 26
the dam. 27
(b) Information necessary to evaluate probable failure modes 28
of the dam. 29
27
RMH S07004'26 (S-2)_SB947_APS_1 3spqy0
(c) An assessment of current and past surveillance and 1
monitoring data. 2
(d) Recommendations for any necessary analyses or remedial 3
actions. 4
(3) The owner shall notify the department of any concerning 5
findings of surveillance and monitoring data within 24 hours. 6
Sec. 31518c. An owner shall prepare, and keep current, an 7
operation and maintenance plan and submit the plan to the 8
department for review. An operation and maintenance plan must 9
include all of the following information: 10
(a) A description of the dam. 11
(b) Contact information for the dam owner and any agent or 12
employee of the owner that is necessary to the operation of the dam 13
and each individual's responsibilities. 14
(c) An inspection schedule and checklist for routine dam 15
safety inspections conducted by the owner. 16
(d) A description of normal and emergency dam operation 17
procedures. 18
(e) A log of normal and emergency dam operation procedures. 19
(f) A description of normal and emergency dam maintenance 20
procedures. 21
(g) A log of normal and emergency dam maintenance procedures. 22
(h) Contact information and notification procedures for 23
upstream and downstream owners, if applicable. 24
Sec. 31518d. (1) An owner shall prepare and keep current a 25
safety and security plan and submit the plan to the department for 26
review. A safety and security plan must include all of the 27
following information: 28
(a) A summary of all physical safety measures at the dam, 29
28
RMH S07004'26 (S-2)_SB947_APS_1 3spqy0
including any signage, waterway barriers, safety fencing, railings, 1
or other safety devices. 2
(b) A summary of all physical security measures at the dam, 3
including security cameras, alarms, security fencing, gates, doors, 4
barriers, or other security devices. 5
(c) A response plan for any safety and security issues at the 6
dam, which must include, at a minimum, all of the following: 7
(i) Dam personnel detection and reporting procedures. 8
(ii) Notification flow charts and call lists. 9
(iii) Response procedures. 10
(iv) A safety and security incident report template. 11
(2) The owner shall notify the department of any safety or 12
security incidents within 24 hours after the incident occurs. 13
Sec. 31520. (1) The owner or his or her agent shall advise the 14
department and the affected off-site public authorities and safety 15
agencies of any sudden or unprecedented flood or unusual or 16
alarming circumstance or occurrence, whether existing or 17
anticipated, that may affect the safety of the dam within 24 hours 18
of after the flood, circumstance, or occurrence. 19
(2) The owner shall notify the department as soon as possible 20
of any necessary emergency drawdowns, repairs, breaching, or other 21
action being taken in response to an emergency condition. 22
Sec. 31521. (1) The department may issue to an owner a written 23
emergency orders as provided in this section. The department may, 24
by written notice, order an owner order that requires the owner to 25
immediately repair, draw down, breach, remove, or cease operation 26
of a dam where a if the dam is in imminent danger of failure and or 27
is causing or threatening to cause harm to public health, safety, 28
welfare, property, or the natural resources or the public trust in 29
29
RMH S07004'26 (S-2)_SB947_APS_1 3spqy0
those natural resources. 1
(2) If an owner fails to comply with an emergency order under 2
subsection (1), or is unavailable to or unable to cannot be 3
contacted, then the department may undertake immediate repair, 4
drawdown, breaching, removal, or cessation of operation , as that 5
may be necessary to alleviate the danger. , and Except for the 5 6
years after a dam has come under the ownership of local government 7
by means of tax foreclosure, the department may recover from the 8
owner the costs incurred in a civil action. commenced in a court of 9
competent jurisdiction. The department may terminate an emergency 10
order upon on a determination in writing that all necessary 11
emergency actions have been complied with by the owner and that an 12
emergency no longer exists. 13
(3) (2) When ordering In an emergency actions order under 14
subsection (1), the department may specify do any of the following: 15
(a) Specify a maximum drawdown level. and 16
(b) Specify discharge rates. and require sediment 17
(c) Require any of the following: 18
(i) Sediment surveys. , water 19
(ii) Water quality sampling. , monitoring, or any 20
(iii) Monitoring. 21
(iv) Any other action determined necessary by the department to 22
ensure adequate protection of the public health, safety, welfare, 23
property, or natural resources or the public trust in those natural 24
resources. 25
(4) The department may modify the requirements of an emergency 26
order if , during the conduct of ordered actions, it the department 27
determines that the modification is necessary to protect the public 28
health, safety, welfare, property, or natural resources or the 29
30
RMH S07004'26 (S-2)_SB947_APS_1 3spqy0
public trust in those natural resources. 1
(5) (3) Upon Not later than 15 days after the issuance of an 2
emergency order under subsection (1), the department shall provide 3
the owner with an opportunity for a hearing pursuant to under the 4
administrative procedures act of 1969. within 15 days of the date 5
of its issuance. The department may proactively schedule a hearing 6
under this subsection, but the owner shall submit a petition to 7
request the hearing not later than 15 days after the issuance of an 8
order under this section before a hearing can be held. At the 9
hearing, the department shall determine, based on information and 10
fact, if the emergency order shall must be continued, modified, or 11
suspended as necessary to protect public health, safety, welfare, 12
property, or natural resources or the public trust in those natural 13
resources. 14
(6) A hearing held under subsection (5) does not preclude the 15
owner or department from immediately taking action as necessary to 16
alleviate danger of failure of a dam. 17
Sec. 31523. (1) An owner shall prepare, and keep current, on a 18
form and in a manner prescribed by the department, emergency action 19
plans for all high and significant hazard potential dams owned by 20
that person. An owner shall annually review and update, as 21
necessary, emergency action plans and submit the plans to the 22
department. 23
(2) Emergency action plans shall prepared or updated under 24
this section must be submitted to the department, county or local 25
emergency management coordinators, and all local entities with 26
zoning approval authority located within the inundated zone. 27
(3) The applicable county or local emergency management 28
coordinators shall review for consistency any emergency action 29
31
RMH S07004'26 (S-2)_SB947_APS_1 3spqy0
plans prepared or updated under subsection (1) with the county or 1
local emergency operations plan prior to submission of those before 2
submitting the plans to the department. 3
(4) An emergency action plan shall prepared or updated under 4
subsection (1) must be consistent with the applicable provisions of 5
the affected county or local emergency operations plans and the 6
Michigan emergency preparedness plan as developed pursuant to under 7
the emergency preparedness act, Act No. 390 of the Public Acts of 8
1976, being sections 30.401 to 30.420 of the Michigan Compiled 9
Laws.management act, 1976 PA 390, MCL 30.401 to 30.421. 10
(5) Emergency An emergency action plans shall plan prepared or 11
updated under subsection (1) must include, but not be limited to, 12
the all of the following: 13
(a) The name, address, and telephone number of the person, and 14
of an alternate person, responsible for operation of the dam. ; the 15
(b) The name and telephone number of county or local emergency 16
management coordinators. ; and a 17
(c) A listing of occupied facilities, buildings, and 18
residences that may be threatened with flooding due to a failure of 19
the dam. 20
(d) Mapping that is adequate to clearly delineate the areas of 21
inundation resulting from a failure of the dam. 22
(6) If a high hazard potential or significant hazard potential 23
dam is located on a river system with multiple dams, the owner 24
shall coordinate preparation, updating, exercising, and activation 25
of emergency action plans under this section with the owners of the 26
other dams on the river system. 27
(7) An owner shall exercise an emergency action plan prepared 28
or updated under this section at least once every 5 years. 29
32
RMH S07004'26 (S-2)_SB947_APS_1 3spqy0
Sec. 31528a. (1) The dam safety emergency fund is created 1
within the state treasury. The state treasurer may receive money or 2
other assets from any source for deposit into the fund. The state 3
treasurer shall direct the investment of the fund and credit to the 4
fund interest and earnings from fund investments. Money in the fund 5
at the end of the fiscal year remains in the fund and does not 6
lapse to the general fund. The department is the administrator of 7
the fund for auditing purposes. 8
(2) On appropriation, the department shall expend money from 9
the fund to take remedial or corrective actions that remove or 10
reduce significant safety risks posed by dams when an owner is 11
unable or unwilling to take remedial or corrective action. Except 12
for the 5 years after a dam has come under the ownership of local 13
government by means of tax foreclosure, the department and the 14
department of attorney general may recover costs expended from the 15
fund under this subsection from an owner. Recovered costs must be 16
deposited in the fund. 17
(3) As used in this section, "fund" means the dam safety 18
emergency fund created under subsection (1). 19
Sec. 31528b. (1) The department shall establish a dam risk 20
reduction grant program as provided in this section. 21
(2) The program must provide grants to owners to complete any 22
of the following projects: 23
(a) Repair or alteration of a dam. 24
(b) Removal of a dam. 25
(c) Scoping and engineering plans associated with any of the 26
actions described in subdivisions (a) and (b). 27
(3) An owner shall apply to the program on a form and in a 28
manner prescribed by the department. To be eligible to receive a 29
33
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RMH S07004'26 (S-2)_SB947_APS_1 3spqy0
grant from the program, the owner must be able to contribute 1
matching funds of at least 10%. 2
(4) As used in this section, "program" means the dam risk 3
reduction grant program created under subsection (1). 4