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IN SB0581
Bill
Status
2/22/2019
Primary Sponsor
Blake Doriot
Click for details
AI Summary
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Defines "Lake Michigan shore zone" as land between the ordinary high water mark (581.5 feet above sea level) and the lakeside property line of privately owned lots, including any seawalls constructed on the property line
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Authorizes the Natural Resources Commission to adopt rules governing sand movement, water flow, and permitting for construction activities (beach grooming, seawalls, revetments, erosion control, retaining walls) within shore zones
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State rules adopted under this chapter supersede any inconsistent local government ordinances, including zoning ordinances
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Grants property owners immunity from liability for injuries to persons crossing their property to access or depart Lake Michigan public trust land, except in cases of intentional misconduct
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Effective date of July 1, 2019; liability immunity provisions apply to losses occurring after June 30, 2019
Legislative Description
Lake Michigan shore zone administrative rules. Defines "Lake Michigan shore zone" as the land between the ordinary high water mark of Lake Michigan and the lakeside property line of a privately owned lot or tract of land described by metes and bounds. Defines "ordinary high water mark". Provides that a Lake Michigan shore zone includes a seawall constructed on the lakeside property line of a privately owned lot or tract of land described by metes and bounds. Authorizes the natural resources commission (commission) to adopt rules concerning: (1) the movement of sand across a Lake Michigan shore zone through natural forces or otherwise and the return of the sand to the Lake Michigan shore; (2) the flow of water, including water from a source on a privately owned lot or tract of land, across a Lake Michigan shore zone; (3) permitting and specifications for any maintenance, construction, or another similar activity in the Lake Michigan shore zone related to beach grooming, sea walls, revetments, secondary erosion control, and retaining walls; and (4) other matters relating to the use of Lake Michigan shore zones. Provides that the rules adopted by the commission supersede an ordinance of a unit of local government, including a zoning ordinance, that is inconsistent with the adopted rules. Provides that a person who goes on the property of another for the purpose of: (1) going to or departing Lake Michigan public trust land: or (2) going to another destination upon leaving Lake Michigan public trust land; does not have assurance that the property is safe for the purpose, and the owner of the property is immune from liability, with certain exceptions, for an injury to a person or property caused by an act or omission of another person using the property.
Last Action
Representative Speedy added as cosponsor
4/8/2019