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MI SB1130
Bill
AI Summary
SB 1130 Summary
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Amends Michigan's critical dune area protection law to allow driveways and accessibility measures for permitted structures in critical dune areas, with requirements varying by slope steepness and professional engineer certification for steeper slopes.
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Requires permit denials to be based on "significant and unreasonable" depletion or degradation of dune diversity, quality, or functions on a local-unit-wide basis, shifting burden of proof to the Department of Environmental Quality.
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Limits formal hearing rights to permit applicants and immediately adjacent property owners, and requires decisions to be based on reliable scientific principles with documented facts recorded in the permit file.
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Establishes that local zoning ordinances cannot be more restrictive than the state model zoning plan, and requires the Department to review the 1989 atlas of critical dune areas every 10 years with recommendations for updates.
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Creates exemptions for temporary construction access, maintenance of existing utility facilities, and rebuilding of structures destroyed by fire or natural disaster (except erosion).
Legislative Description
Natural resources; sand dunes; local ordinances more protective of dunes; preempt and require impact that is significant and unreasonable on a local-unit-wide basis to justify denial of permit or variance, limit right to request formal hearing to applicant and adjacent landowner, place burden of proof on department, and require issuance of permits for driveways and accessibility measures under certain circumstances. Amends secs. 35301, 35302, 35304, 35305, 35306, 35310, 35311, 35312, 35313, 35316, 35317, 35319, 35320, 35321, 35322 & 35323 of 1994 PA 451 (MCL 324.35301 et seq.); adds secs. 35311a & 35311b & repeals sec. 35326 of 1994 PA 451 (MCL 324.35326).
State agencies (existing), environmental quality
Last Action
Assigned Pa 0297'12 With Immediate Effect
8/15/2012