Signed by Governor Rick Snyder

Vote Smart's Synopsis:

Vote to pass a bill that requires the Department of Environmental Quality or a local government to prove that the use of a private sand dune is harmful prior to denying a usage permit.

Highlights:

• Requires an individual to obtain a permit from his or her local unit of government or the Department of Environmental Quality to use a dune area for a developmental, agricultural or recreational activity that alters the physical characteristics of that dune area.

• Specifies a usage permit is not required for the replacement of existing utility lines, pipelines, or other utilities if usage meets requirements including, but not limited to, the following:
• Immediate stabilization and re-vegetation of native vegetation in the disturbed areas once the utilities project is completed;
• Minimal removal of woody vegetation and project does not alter the stability of the dune; and
• Minimal small trench excavation in cases of underground utility repairs.

• Requires the Department of Environmental Quality to approve a permit unless the local government or department determines that the construction will harm the “public interest,” whereas existing law requires landowners to prove that construction will not harm the ecosystem in order to obtain a permit.

• Defines “harm to the public interest” as damage to the diversity, quality or functions of the dune areas.

• Specifies that the burden of proof regarding the approval or denial of a permit lies with the local unit of government or the Department of Environmental Quality.

• Requires a written request from at least 2 individuals who own property within 2 miles of a project in a critical dune area in order for a public hearing to take place on the approval or denial of a permit.

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that requires the Department of Environmental Quality or a local government to prove that the use of a private sand dune is harmful prior to denying a usage permit.

Highlights:

• Requires an individual to obtain a permit from his or her local unit of government or the Department of Environmental Quality to use a dune area for a developmental, agricultural or recreational activity that alters the physical characteristics of that dune area.

• Specifies a usage permit is not required for the replacement of existing utility lines, pipelines, or other utilities if usage meets requirements including, but not limited to, the following:
• Immediate stabilization and re-vegetation of native vegetation in the disturbed areas once the utilities project is completed;
• Minimal removal of woody vegetation and project does not alter the stability of the dune; and
• Minimal small trench excavation in cases of underground utility repairs.

• Requires the Department of Environmental Quality to approve a permit unless the local government or department determines that the construction will harm the “public interest,” whereas existing law requires landowners to prove that construction will not harm the ecosystem in order to obtain a permit.

• Defines “harm to the public interest” as damage to the diversity, quality or functions of the dune areas.

• Specifies that the burden of proof regarding the approval or denial of a permit lies with the local unit of government or the Department of Environmental Quality.

• Requires a written request from at least 2 individuals who own property within 2 miles of a project in a critical dune area in order for a public hearing to take place on the approval or denial of a permit.

Full Bill Text