Michigan Administrative Code — Department of Natural Resources

Michigan Historical Center Michigan Historical Center

R 399.101 to R 399.102 Site Protection

Mich. Admin. Code R 399.101 Definition {#sec-r-399.101 omnilex-key=us-mi-regs-official--dept-natural-resources--R 399.101}

DEPARTMENT OF STATE

MICHIGAN HISTORICAL CENTER

SITE PROTECTION

(By authority conferred upon the secretary of state by section 8a of Act No. 271 of the Public Acts of 1913, as amended, and sections 9 and 30 of Act No. 380 of the Public Acts of 1965, as amended, being SS399.8a, 16.109, and 16.130 of the Michigan Compiled Laws)

Rule 1. As used in these rules, "proper written permission" means a written permit issued by the secretary of state or his or her authorized representative.

History

• History: 1983 AACS.

Mich. Admin. Code R 399.102 Prohibited acts generally {#sec-r-399.102 omnilex-key=us-mi-regs-official--dept-natural-resources--R 399.102}

Rule 2. (1) On historic and museum sites which are administered by the department of state, a person shall not do any of the following:

(a) Enter, use, or occupy the site for any purpose when posted against such entry, use, or occupancy, as ordered by the secretary of state.

(b) Mar, damage, destroy, move, or remove any exhibit or display.

(c) Mar, damage, destroy, move, or remove any built-up improvements or portions of built-up improvements, including buildings, fences, or information devices, without proper written permission.

(d) Possess or use metal detectors, or dig, probe, search, excavate, or otherwise disturb the ground, vegetation, or any aboriginal remain without proper written permission.

(e) Camp on, or otherwise occupy as a temporary or permanent residence, any portion of the site without proper written permission.

(f) Store or leave equipment or any privately owned property on the site without proper written permission.

(g) Use the site as a place to dispose of refuse, rubbish, trash, garbage, or other material.

(h) Move, remove, destroy, mutilate, or deface posters, notices, signs, or markers of the secretary of state or any other agency of the government.

(i) Post, place, erect, or distribute advertising material without proper written permission.

(j) Use the site for a business or commercial purpose without proper written permission.

(k) Destroy, damage, or remove any property, rocks, gravel, earth, living tree or shrub, planted grasses, or other vegetation without proper written permission. This subdivision does not apply to the picking and removal of mushrooms, berries, and other edible fruits and nuts.

(l) Obstruct any road or trail in a manner that hinders public access to the site without proper written permission.

(m) Park or operate any wheeled motorized vehicle, except in designated areas or on designated roads.

(n) Use or operate any snowmobile without proper written permission.

(o) Ignite or set any fire, either within or without a burning container, without proper written permission.

(p) Carry or have in possession a firearm; shoot an air gun, gas gun, spring-loaded gun, or slingshot; or shoot with a bow and arrow.

(q) Hunt, trap, kill, wound, capture, or intentionally disturb any bird, animal, or other wildlife.

(r) Erect a fence or barrier; construct or occupy improvements; or enclose the site without proper written permission.

(2) Employees of the department of state, emergency vehicles, and public utility vehicles in the line of duty are exempt from subrule (1)(l), (m), and (n) of this rule.

(3) Subrule (1) of this rule does not apply to historic and museum sites located on lands administered by the Michigan department of natural resources.

(4) Violation of any rule may result in ejection from the site.

History

• History: 1983 AACS.

Parks and Recreation Division Parks and Recreation Division

R 257.1501 to R 257.1511 State Aid for Snowmobile Safety Programs

Mich. Admin. Code R 257.1501 Definitions {#sec-r-257.1501 omnilex-key=us-mi-regs-official--dept-natural-resources--R 257.1501}

DEPARTMENT OF NATURAL RESOURCES

FOREST MANAGEMENT DIVISION

STATE AID FOR SNOWMOBILE SAFETY PROGRAMS

(By authority conferred on the department of natural resources by section 4b of Act No. 74 of the Public Acts of 1968, being S257.1504b of the Michigan Compiled Laws)

Rule 1. (1) "Act" means Act No. 74 of the Public Acts of 1968, as amended, being SS257.1501 to 257.1517a of the Michigan Compiled Laws.

(2) "Authorized expenditures" means those expenditures incurred and determined by the director to be reasonable and necessary for the conduct of a snowmobile enforcement and safety training program.

(3) "Authorized expenditures actually incurred" means the expenditures of funds actually made during the past calendar year for the conduct of the snowmobile enforcement and safety education training program.

(4) "Department" means the department of natural resources.

(5) "Director" means the director of the department of natural resources.

(6) "Estimate of authorized expenditures" means the estimate of funds to be expended for the conduct of the snowmobile enforcement and safety education program for the following calendar year as approved by the county board of commissioners.

(7) "General supervisory duties" means having jurisdiction over more than snowmobile and marine activities.

(8) "Proration of funds" means equitable appropriations to counties if funds are insufficient to pay the full amount to which counties are entitled.

History

• History: 1979 AC.

Mich. Admin. Code R 257.1502 Requests for state aid {#sec-r-257.1502 omnilex-key=us-mi-regs-official--dept-natural-resources--R 257.1502}

Rule 2. The board of commissioners of any county requesting state aid for the conduct of a snowmobile safety and enforcement program shall submit to the department by November 1 of each year an estimate of authorized expenditures for the following calendar year on forms furnished by the department. The estimate of authorized expenditures shall consist of a complete statement on the type and extent of snowmobile safety and enforcement program to be conducted including equipment required, and a certification that the board of commissioners has appropriated the funds indicated on the estimate of authorized expenditures. Submission of an estimate of authorized expenditures by a county is an agreement by the county to comply with these rules.

History

• History: 1979 AC.

Mich. Admin. Code R 257.1503 Conduct of a snowmobile safety and enforcement program {#sec-r-257.1503 omnilex-key=us-mi-regs-official--dept-natural-resources--R 257.1503}

Rule 3. Counties participating in a snowmobile safety and enforcement program may be limited to 4 calendar months of program participation within the calendar year.

History

• History: 1979 AC.

Mich. Admin. Code R 257.1504 Snowmobile safety and enforcement functions {#sec-r-257.1504 omnilex-key=us-mi-regs-official--dept-natural-resources--R 257.1504}

Rule 4. (1) Equipment, purchased with state matching funds or included in a claim for which reimbursement has been made in accordance with the act and these rules, shall be used exclusively in the conduct of the snowmobile safety and enforcement program.

(2) Snowmobile laws and rules applicable to the jurisdiction of the county shall be enforced.

(3) Court dispositions shall be submitted periodically on forms prescribed by the department.

(4) Snowmobile accidents occurring within the county's jurisdiction shall be investigated and reports submitted as required by statute.

(5) Equipment purchased or leased under the state aid program shall be made available to the director or his authorized representative for the purpose of inspection, investigation, or other official duties.

(6) Snowmobiles and snowmobile trailers may be procured through centralized purchasing by the state department of administration for the department and for counties requesting snowmobiles and trailers in their annual budget request.

History

• History: 1979 AC.

Mich. Admin. Code R 257.1505 Personnel; wages and salaries {#sec-r-257.1505 omnilex-key=us-mi-regs-official--dept-natural-resources--R 257.1505}

Rule 5. (1) Personnel assigned to snowmobile safety and enforcement duties shall meet the age, mental and physical requirements prescribed for other full-time employees of the county sheriff's department.

(2) Daily time report records shall be maintained for each employee assigned to snowmobile safety training and enforcement duties. Reimbursement to the county shall be made for hours actually worked in the snowmobile safety and enforcement program and documented by daily time records.

(3) Hourly pay rates for personnel assigned to snowmobile safety and enforcement duties shall not exceed the hourly pay rates of other personnel assigned to similar duties within the county sheriff's department.

(4) Personnel assigned to snowmobile safety and enforcement duties shall not be paid overtime or premium pay unless such personnel have worked in excess of 40 hours on snowmobile safety and enforcement duties in a scheduled work week.

Overtime pay may be paid for hours in excess of 40 hours if approved by the county sheriff or immediate supervisor.

(5) Personnel providing snowmobile safety training shall not require students to purchase additional training materials, certificates or safety brassards.

(6) The power and authority of personnel who have not completed the required hours of training pursuant to Act No. 203 of the Public Acts of 1965, as amended, being SS28.601 to 28.616 of the Michigan Compiled Laws shall be restricted to enforcement of the act.

(7) An employee of the county sheriff's department assigned to general supervisory duties is not eligible to receive payment of salaries or wages from snowmobile state aid funds.

History

• History: 1979 AC.

Mich. Admin. Code R 257.1506 Records, reports, and publicity {#sec-r-257.1506 omnilex-key=us-mi-regs-official--dept-natural-resources--R 257.1506}

Rule 6. (1) Records shall be kept pertaining to snowmobile violations, snowmobile related accidents, number of students trained, public meetings attended, daily vehicle mileage, daily personnel time reports and expenditures from the general fund under activity no. 136, sheriff-law enforcement assistance-snowmobiles.

(2) The county snowmobile safety and enforcement fund shall be audited by the local audit division, bureau of local government services, department of treasury, during the course of their routine annual examination of the records of county offices or at such time as the department deems an audit necessary or desirable. Records shall be retained for a period of 1 year after the department of treasury has audited the account of the snowmobile safety and enforcement program.

(3) Public information provided by the department shall be distributed.

(4) Local publicity shall be disseminated regarding existing laws and rules and new laws and rules which may be established. Persons shall be provided with information regarding safe methods of snowmobile operation.

(5) Reports shall be submitted to the department as may be required by the director or his authorized representative.

(6) A detail of authorized expenditures actually incurred submitted to the department shall be certified as true and correct.

History

• History: 1979 AC.

Mich. Admin. Code R 257.1507 County restricted snowmobile safety and enforcement funds {#sec-r-257.1507 omnilex-key=us-mi-regs-official--dept-natural-resources--R 257.1507}

Rule 7. The county treasurer or fiscal officer shall establish a fund for the county appropriations for the conduct of a snowmobile safety and enforcement program for the calendar year. Expenditures shall be budgeted and paid from the county general fund--activity no. 136, sheriff-law enforcement assistance--snowmobiles. The function is public safety, 104-136--expense account. Expenditures from the fund shall be made solely for the personnel payroll and authorized expenditure costs of the snowmobile safety and enforcement program.

History

• History: 1979 AC.

Mich. Admin. Code R 257.1508 State aid vouchers {#sec-r-257.1508 omnilex-key=us-mi-regs-official--dept-natural-resources--R 257.1508}

Rule 8. (1) Expenditures not in accordance with the act or approved on the budget request summary, or in accordance with these rules shall not be approved and shall be deducted from the statement of authorized expenditures.

(2) Certification for payment shall be made for 75% of the final approved statement of authorized expenditures.

(3) If the amount appropriated by the legislature for state aid to counties is insufficient to pay the full amount to which counties are entitled, the department shall prorate available appropriations equitably among the various counties.

(4) The director or his authorized representative may certify for payment 75% of the approved total of a state aid voucher which exceeds the estimate of authorized expenditures, if funds are available for state aid to counties.

History

• History: 1979 AC.

Mich. Admin. Code R 257.1509 Authorized expenditures {#sec-r-257.1509 omnilex-key=us-mi-regs-official--dept-natural-resources--R 257.1509}

Rule 9. (1) Seventy-five percent of the personnel payroll and approved expenditures made in accordance with the schedule of authorized expenditures shall be reimbursable to the county upon submission of a state aid voucher. Prior written approval for an expenditure not on the schedule of authorized expenditures shall be obtained from the department in order to qualify for reimbursement as an authorized expenditure.

(2) If authorized equipment purchased with state aid matching funds is in need of replacement or reimbursement has been included in a state aid voucher, the trade-in value or fair market value shall not be included in the state aid voucher for reimbursement for the purchase of new equipment.

(3) Receipts accruing from refund gas tax monies or from the sale of equipment purchased with state aid funds shall be deposited to the credit of the county general fund, activity no. 136, sheriff-law enforcement assistance--snowmobiles.

(4) The cost of replacing authorized equipment which has been lost or destroyed, less any amount which may be received from insurance coverage, may be included on a state aid voucher. Prior written approval shall be obtained from the department for replacement of such equipment.

History

• History: 1979 AC.

Mich. Admin. Code R 257.1510 Withholding and denying payment of claims {#sec-r-257.1510 omnilex-key=us-mi-regs-official--dept-natural-resources--R 257.1510}

Rule 10. (1) The department may withhold payment of a state aid voucher claim pending investigation of the detailed expenditures of the claim.

(2) The department may deny all or partial payment of a state aid voucher claim which it deems is not in accordance with the schedule of authorized expenditures incurred which were not authorized in an approved written procedure.

(3) The department may deny all or partial payment of a state aid voucher claim if any portion of the claim contains statements which are found to be false or submitted with the intent to defraud.

(4) The department may deny all or partial payment of a state aid voucher claim for payroll funds paid to personnel not meeting the physical or mental standards prescribed by these rules.

(5) The department may deny all or partial state aid payment to any county deemed by the department as not conducting an adequate snowmobile safety and enforcement program. Failure to comply with any part of these rules is grounds for nonpayment pursuant to the state aid formula for reimbursement to counties.

(6) A county participating in the state aid snowmobile safety and enforcement program may request the director or his authorized representative to conduct an informal hearing in any determination of denying reimbursement of state aid for a violation of these rules.

History

• History: 1979 AC.

Mich. Admin. Code R 257.1511 Discontinuance of county participation {#sec-r-257.1511 omnilex-key=us-mi-regs-official--dept-natural-resources--R 257.1511}

Rule 11. If a county discontinues participation in the state aid program, the county clerk shall notify the department by November 1 of the year prior to discontinuance, of the county's decision by certified resolution. Upon submission of a state aid voucher for the final calendar year of county participation, a deduction shall be made from the total state aid voucher of the fair market value of all authorized equipment previously included in a claim for which reimbursement has been made in accordance with the act and these rules. If the fair market value of such authorized equipment exceeds the total claim for the final calendar year of county participation, 75% of such excess shall be refunded to the department by the county and deposited in the state general fund.

History

• History: 1979 AC.

R 257.1521 to R 257.1533 State Aid for Recreational and Snowmobile Trails and Permanent Snowmobile Trail Easements

Mich. Admin. Code R 257.1521 Definitions; A to M {#sec-r-257.1521 omnilex-key=us-mi-regs-official--dept-natural-resources--R 257.1521}

DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENT

FOREST MANAGEMENT DIVISION

STATE AID FOR RECREATIONAL AND SNOWMOBILE TRAILS AND

PERMANENT SNOWMOBILE TRAIL EASEMENTS

(By authority conferred on the department of natural resources and environment by 1994 PA 451, MCL 324.82110 and 324.82110a, and Executive Reorganization Order Nos. 1991-22, 2009-31, MCL 299.13, 324.99919)

Rule 1. As used in these rules:

(a) "Acquisition project" means the acquisition of land or rights to use land for a recreational and snowmobile trail or permanent easement.

(b) "Applicant" means a local unit of government or entity organized for educational and charitable purposes within the meaning of 26 USC 501(c)(3) that includes promoting and facilitating the expansion and improvement of the existing snowmobile trail system in this state with permanent snowmobile trails or nonprofit incorporated snowmobile club or organization applying for a grant.

(c) "Approval" means the signing of a project agreement by the state recreational trails coordinator resulting in allocating a specified amount of state aid funds for a specific purpose.

(d) "Assistance" means funds made available by the department to an applicant in support of the grants program.

(e) "Damages" means payment for items destroyed or damaged by snowmobile use on lands leased through this program.

(f) "Development project" means the development of support facilities, such as toilets, shelters, and bridges, or the construction and signing of a recreational and snowmobile trail.

(g) "Groom" means 1 complete maintenance operation for the full length of the approved trail.

(h) "Maintenance" means grading, grooming, mowing, and brushing of trails; sign replacement and post replacement; plowing parking lots and access roads; maintenance of toilets and shelter facilities; and normal repair of damages and replacement of facilities.

History

• History: 1982 AACS; 2011 AACS.

Mich. Admin. Code R 257.1522 Definitions; P to T {#sec-r-257.1522 omnilex-key=us-mi-regs-official--dept-natural-resources--R 257.1522}

Rule 2. As used in these rules:

(a) "Permanent snowmobile trail" means a trail constructed over land in public ownership or land under permit or easement that is open to the public greater than 1 snowmobile season or 4 months.

(b) "Permanent snowmobile trail easement" means land purchased to allow use of private property for a permanent snowmobile trail that are open to the public greater than 1 snowmobile season or 4 months.

(c) "Project agreement" means a contract between the applicant and the department setting forth the mutual obligations with regard to a portion or all of a project.

(d) "Project period" means the period of time specified in the agreement during which all work shall be accomplished.

(e) "Recreational and snowmobile trail" means a marked route on public property or on private lands subject to public easement or lease which is designated by the sponsor for use by snowmobile operators and other nonconflicting recreational trail users.

(f) "Region" means a regional administrative office of the department.

(g) "Site" means a plot or parcel of land under lease, easement, or use agreement for a recreational and snowmobile trail.

(h) "Snowmobile route" means a marked route designated by a town, village, city, or county for use by snowmobiles. A snowmobile route connects authorized trails or offers entrance to, or exit from, trails leading to towns, villages, or cities.

(i) "Staging area" means an undeveloped recreational facility designated as a parking area where snowmobiles are unloaded to access a trail.

(j) "State recreational trails coordinator" means the person designated by the director of the department to coordinate and supervise the state aid program for recreational and snowmobile trails.

(k) "Temporary recreational and snowmobile trail" means a trail constructed over land controlled by a short-term easement of 1 snowmobile season or 4 months.

(l) "Trail" means a recreational and snowmobile trail.

(m) "Trailhead" means a recreational facility designated and developed as a parking area with associated appurtenances that serves as the access point of a trail or area.

History

• History: 1982 AACS; 2011 AACS.

Mich. Admin. Code R 257.1523 Recreational and snowmobile trails; application procedures; grant selection process {#sec-r-257.1523 omnilex-key=us-mi-regs-official--dept-natural-resources--R 257.1523}

Rule 3. (1) An applicant shall apply for a grant on a form furnished by the department.

(2) The state recreational trails coordinator may establish regional committees comprised of appropriate trail users and department staff to assist on an annual basis in setting maintenance rates, trail design and grooming specifications, and in selecting grant recipients.

(3) Grant selection criteria and process shall be explained in the application form provided by the department.

History

• History: 1982 AACS; 2011 AACS.

Mich. Admin. Code R 257.1523a Permanent snowmobile trail easements; application procedures; grant selection process {#sec-r-257.1523a omnilex-key=us-mi-regs-official--dept-natural-resources--R 257.1523a}

Rule 3a. (1) An applicant shall apply for a grant on a form furnished by the department.

(2) To be eligible for a grant, an applicant shall be a local unit of government or be organized for educational and charitable purposes within the meaning of 26 USC 501 (c)(3) that includes promoting and facilitating the expansion and improvement of the snowmobile trail system in this state.

History

• History: 2011 AACS.

Mich. Admin. Code R 257.1524 Recreational and snowmobile trails; acquisition of lands {#sec-r-257.1524 omnilex-key=us-mi-regs-official--dept-natural-resources--R 257.1524}

Rule 4. (1) The department may grant funds to an applicant to purchase lands or to secure easements, leases, permits, or other appropriate written agreements permitting the use of private property for recreational and snowmobile trails, facilities, and areas, providing the agreements give access to the public.

(2) Condemnation shall not be used.

(3) An applicant shall certify to the department that such lands, easements, leases, permits, or other appropriate agreements have been secured on a form provided by the department.

History

• History: 1982 AACS; 2011 AACS.

Mich. Admin. Code R 257.1524a Permanent snowmobile trail easements; acquisition of lands {#sec-r-257.1524a omnilex-key=us-mi-regs-official--dept-natural-resources--R 257.1524a}

Rule 4a. (1) The department shall expend money from the permanent snowmobile trail easement subaccount in accordance with MCL 324.82110a.

(2) Condemnation shall not be used.

(3) An applicant shall certify to the department that such lands and easements or other appropriate agreements have been secured.

History

• History: 2011 AACS.

Mich. Admin. Code R 257.1525 Use of department lands {#sec-r-257.1525 omnilex-key=us-mi-regs-official--dept-natural-resources--R 257.1525}

Rule 5. (1) An applicant may enter into an agreement with the department to use lands owned or leased by the department for recreational and snowmobile trails, facilities, or areas.

(2) An agreement shall be signed by the applicant's authorized official.

History

• History: 1982 AACS; 2011 AACS.

Mich. Admin. Code R 257.1526 Appraisals {#sec-r-257.1526 omnilex-key=us-mi-regs-official--dept-natural-resources--R 257.1526}

Rule 6. An appraisal is required prior to purchase of lands in fee title. An appraisal shall follow department guidelines. Guidelines may be obtained from the department.

History

• History: 1982 AACS; 2011 AACS.

Mich. Admin. Code R 257.1527 Easements, leases, and permits; requirements {#sec-r-257.1527 omnilex-key=us-mi-regs-official--dept-natural-resources--R 257.1527}

Rule 7. (1) A minimum term of 4 months between December 1 and the following March 31 is the required duration of an easement, lease, or permit.

(2) The easement, lease, or permit shall be in writing.

(3) The department, when it deems it necessary for maintenance purposes, may provide for a longer term.

(4) After the department has approved a trail, the applicant may submit a signed certification in place of the leases or permits for future acquisition applications.

(5) The easement or lease shall include, at a minimum, all of the following rights:

(a) The right to post signs.

(b) The right of limited construction.

(c) The right of maintenance.

(d) The right of use by snowmobilers and other nonconflicting recreational trail users.

(6) Cost sharing shall be limited to the minimum land area necessary for the trail.

History

• History: 1982 AACS; 2011 AACS.

Mich. Admin. Code R 257.1528 Recreational and snowmobile trails; development of trails, facilities, and areas; grants; cost; uses; proceeds {#sec-r-257.1528 omnilex-key=us-mi-regs-official--dept-natural-resources--R 257.1528}

Rule 8. (1) The development of trails, facilities, and areas shall be on a 100% grant basis, with 75% allocated at the time of approval by the department. The 25% balance will be allocated when the development project is completed and all applicable documentation required in R 257.1531 is submitted for reimbursement to the department.

(2) An applicant may receive grants to develop trails, facilities, and areas on public lands designated by the applicant, leased lands, or lands under agreement with the department.

(3) If proposed construction and improvement costs exceed an estimated $10,000 per site, that site shall be purchased by the applicant or shall be secured by written easements or leases having a term of 3 or more years.

(4) Recreational and snowmobile trail facilities shall be developed in accordance with MCL 324.82110, and shall not be converted to uses that are inconsistent with the purpose of the program, unless approved by the department. Such approval shall not be granted unless there is evidence that the other uses are essential to, and in accordance with, an official comprehensive plan for the area that has been developed in accordance with MCL 324.82106.

(5) Proceeds from the disposal of recreational and snowmobile trail facilities developed under this program shall be returned to the snowmobile trail subaccount.

History

• History: 1982 AACS; 2011 AACS.

Mich. Admin. Code R 257.1528a Permanent snowmobile trail easements; development cost; uses; proceeds {#sec-r-257.1528a omnilex-key=us-mi-regs-official--dept-natural-resources--R 257.1528a}

Rule 8a. (1) Development of easements shall be on a 100% grant basis, with 75% allocated at the time of approval by the department. The 25% balance will be allocated when the development project is completed and all applicable documentation required in R 257.1531a is submitted for reimbursement to the department.

(2) An applicant may receive a grant to develop an easement only on private lands.

(3) Easements shall be secured under the authority of MCL 324.82110a, unless otherwise approved by the department. Such approval shall not be granted unless evidence exists of other uses essential to, and in accordance with, an official comprehensive plan for the area that has been developed in accordance with MCL 324.82106.

(4) Any proceeds from the sale of lands for easements purchased under this program shall be returned to the permanent snowmobile trail easement subaccount.

History

• History: 2011 AACS.

Mich. Admin. Code R 257.1529 Maintenance of trails, facilities, and areas; funding {#sec-r-257.1529 omnilex-key=us-mi-regs-official--dept-natural-resources--R 257.1529}

Rule 9. (1) A grant recipient shall maintain trails, facilities, and areas developed with funds from this program.

(2) Funds for maintenance of trails, facilities, and areas shall be up to 100% of cost of maintenance, excluding administrative costs, based on an annually prescribed maximum rate per mile.

(3) Only existing trails approved by the department shall be considered in an application for a grant for maintenance costs.

(4) Additional trails may be added to a grant application as the trails are completed.

The grant recipient shall submit an amendment to the application for department approval prior to commencement of the trail.

History

• History: 1982 AACS; 2011 AACS.

Mich. Admin. Code R 257.1530 Administrative costs {#sec-r-257.1530 omnilex-key=us-mi-regs-official--dept-natural-resources--R 257.1530}

Rule 10. Assistance from this program shall not be used for administrative costs of a grant recipient.

History

• History: 1982 AACS; 2011 AACS.

Mich. Admin. Code R 257.1531 Recreational and snowmobile trails; financial administration and documents {#sec-r-257.1531 omnilex-key=us-mi-regs-official--dept-natural-resources--R 257.1531}

Rule 11. (1) Claims for payment of costs allowed in an approved grant shall be on a reimbursement basis, except for development costs.

(2) A grant recipient shall obtain department approval of a project agreement prior to incurring costs.

(3) The department shall use normal financial records of a grant recipient to determine reimbursement costs.

(4) Claims for payment shall be within the scope of the work, the project period, and the dollar amount of the grant as shown on the project agreement.

(5) Claims shall be submitted within 1 year of the project termination date.

(6) Amendment requests for changes in the scope of the work, the project period, or the amount of the grant shall be submitted in writing to the state recreational trails coordinator.

(7) After the department has approved the initial application for acquisition, development, and maintenance, a grant recipient may certify on subsequent applications that land control documents are on file for the entire trail. The certification shall be signed by a grant recipient's authorized official.

(8) New land control documents shall be submitted if there is a change in trail location or ownership.

(9) The following financial documents of an acquisition grant are required for reimbursement:

(a) Cancelled checks, front and back.

(b) Land control documents.

(c) Appraisals, options, and other detailed documents which are required for fee title acquisition.

(10) The following financial documents of a development and maintenance grant are required for reimbursement:

(a) Vendor invoices which support the cost of development.

(b) Cancelled checks, front and back.

(c) Contracts and agreements.

(d) Machine usage records.

(e) Force account labor costs in hours and rates.

(11) The following financial documents of a snowmobile signing grant are required for reimbursement:

(a) Vendor invoices.

(b) Cancelled checks, front and back.

History

• History: 1982 AACS; 2011 AACS.

Mich. Admin. Code R 257.1531a Permanent snowmobile trail easements; financial administration and documents {#sec-r-257.1531a omnilex-key=us-mi-regs-official--dept-natural-resources--R 257.1531a}

Rule 11a. (1) Claims for payment of costs allowed in an approved grant shall be on a reimbursement basis.

(2) Grant recipient shall obtain department approval of a project agreement prior to incurring costs.

(3) Grant recipient shall provide financial records to the department for determination of reimbursement costs.

(4) Claims for payment shall be within the scope of the grant, the project period, and the dollar amount of the grant as shown on the agreement.

(5) Claims shall be submitted within 1 year of the grant termination date.

(6) Amendment requests for changes in the grant, the project period, or the amount of the grant shall be submitted in writing to the state recreational trails coordinator.

(7) New land control documents shall be submitted if any change in trail location or ownership occurs.

(8) The following financial documents of an acquisition program are required for reimbursement:

(a) Cancelled checks, front and back.

(b) Land control documents.

(c) Appraisals, options, and other detailed documents which are required for fee title acquisition.

(9) The department fee schedule may be used for land rights compensation for snowmobile trail easements and is available from the department.

History

• History: 2011 AACS.

Mich. Admin. Code R 257.1532 Audits {#sec-r-257.1532 omnilex-key=us-mi-regs-official--dept-natural-resources--R 257.1532}

Rule 12. (1) The records of a local unit of government relating to this grant program shall be audited by the department during the course of the routine annual examination of the records of offices of local units of governments, or at such time as the department deems an audit necessary or desirable.

(2) The records of an organization or association relating to this grant program shall be audited by the department when the department deems an audit necessary.

(3) Records relating to this program shall be retained for a period of 1 year after an audit has been made by the department.

History

• History: 1982 AACS; 2011 AACS.

Mich. Admin. Code R 257.1533 Availability of allocations {#sec-r-257.1533 omnilex-key=us-mi-regs-official--dept-natural-resources--R 257.1533}

Rule 13. Allocations under this program shall remain available until expended if a project agreement has been entered into.

History

• History: 1982 AACS.

Law Enforcement Division Law Enforcement Division

R 257.1601 to R 257.1604 Local Snowmobile/Off Road Vehicle Control

Mich. Admin. Code R 257.1601 Lake Cadillac; Lake Mitchell; speed restriction {#sec-r-257.1601 omnilex-key=us-mi-regs-official--dept-natural-resources--R 257.1601}

DEPARTMENT OF NATURAL RESOURCES

LAW ENFORCEMENT DIVISION

LOCAL SNOWMOBILE AND OFF ROAD VEHICLE CONTROLS

(By authority conferred upon the director of the department of natural resources by section 82125 and 81132 of 1994 PA 451, MCL 324.82125 and 324.81132)

Rule 1. On the frozen surfaces of Lake Cadillac, sections 4, 5, and 6, T21N, R9W, and on the frozen surfaces of that part of Lake Mitchell within the boundary of the City of Cadillac, section 6, T21N, R9W, City of Cadillac, Wexford county, a person shall not operate a snowmobile at a speed greater than that necessary to maintain forward movement of the snowmobile when the snowmobile is being operated within 100 feet of any open water.

History

• History: 1995 AACS.

Mich. Admin. Code R 257.1602 South Manistique Lake; snowmobile hours and speed restrictions {#sec-r-257.1602 omnilex-key=us-mi-regs-official--dept-natural-resources--R 257.1602}

Rule 2. On the frozen surfaces of South Manistique Lake, section 18, T44N, R11W; and section 13, T44N R12W; Portage Township, Mackinac County, a person shall not operate a snowmobile at a speed greater than that necessary to maintain forward movement of the snowmobile when the snowmobile is being operated within 100 feet of any open water during the period of 1/2-hour after sunset to 1/2-hour before sunrise.

History

• History: 2006 AACS.

Mich. Admin. Code R 257.1603 Kawkawlin River; snowmobile and off road vehicle speed restriction {#sec-r-257.1603 omnilex-key=us-mi-regs-official--dept-natural-resources--R 257.1603}

Rule 3. On the frozen surfaces of the Kawkawlin River, sections 5 and 6, T14N, R5E; and sections 32 and 33, T15N, R5E; Bangor Township, Bay County, a person shall not operate a snowmobile or an off road vehicle at a speed greater than 45 miles per hour.

History

• History: 2006 AACS; 2008 AACS.

Mich. Admin. Code R 257.1604 Bass lake; snowmobiles prohibited {#sec-r-257.1604 omnilex-key=us-mi-regs-official--dept-natural-resources--R 257.1604}

Rule 4. On the frozen surface of Bass lake, section 16, T2N, R8E, Commerce township, Oakland county, it is unlawful to operate a snowmobile.

History

• History: 1979 AC; 2013 AACS.

R 257.1691 to R 257.1691 Placement of ORV License

Mich. Admin. Code R 257.1691 Placement of ORV license {#sec-r-257.1691 omnilex-key=us-mi-regs-official--dept-natural-resources--R 257.1691}

DEPARTMENT OF NATURAL RESOURCES

LAW ENFORCEMENT DIVISION

PLACEMENT OF ORV LICENSE

(By authority conferred on the department of natural resources by section 81132 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.81132)

Rule 1. Before a vehicle requiring an off-road recreation vehicle license is operated, the owner shall ensure that the license for the off-road recreation vehicle is permanently attached to the vehicle and visibly displayed in the following manner:

(a) For a 2-wheel vehicle, the license must be attached as provided in either of the following:

(i) Centered on the exposed surface of the rear fender.

(ii) Located at a visible place facing forward on a front suspension fork.

(b) For a 3- or 4-wheel multitrack or multiwheeled vehicle, the license must be attached and visible on a flat metal surface, bumper, or plate permanently attached to the rear of the vehicle.

(c) For an amphibious machine, or for a ground effect air-cushioned vehicle, the license must be centered on the rear thereof.

History

• History: 1979 AC; 2013 AACS; 2023 MR 15, Eff. August 14, 2023.

Fisheries Division Fisheries Division

R 281.301 to R 281.308 Utilities and Publicly Provided Facilities in Designated Natural River Areas

Mich. Admin. Code R 281.301 Definitions {#sec-r-281.301 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.301}

DEPARTMENT OF NATURAL RESOURCES

FOREST MANAGEMENT DIVISION

UTILITIES AND PUBLICLY PROVIDED FACILITIES

IN DESIGNATED NATURAL RIVER AREAS

(By authority conferred on the natural resources commission by section 15 of Act No. 231 of the Public Acts of 1970, being S281.775 of the Michigan Compiled Laws)

Rule 1. As used in these rules:

(a) "Act" means Act No. 231 of the Public Acts of 1970, being S281.761 et seq. of the Michigan Compiled Laws.

(b) "Adopted natural river plan" means the river management plan adopted by the commission at the time of designation.

(c) "Applicant" means a person, company, or unit of government applying for project approval pursuant to these rules.

(d) "Commission" means the natural resources commission.

(e) "Department" means the department of natural resources.

(f) "Electric transmission line" means those conductors which operate above 30 kv, their necessary supporting or containing structures located outside of buildings, and the right-of-way used for transmitting a supply of electric energy.

(g) "Natural river" means a river which has been designated by the commission for inclusion in the wild, scenic, and recreational rivers system.

(h) "Natural river area" means the river, its bed, banks, and all lands lying within 400 feet of the river's edge of the designated river.

(i) "Natural vegetation strip" means an area not more than 100 feet wide on either side of, and parallel to, the river, where native vegetation is maintained to enhance the natural character of the river.

(j) "Ordinary high-water mark" means the line between upland and bottomland which persists through successive changes in water levels, below which the presence and action of the water is so common or recurrent that the character of the land is marked distinctly from the upland and is apparent in the soil itself, the configuration of the surface of the soil, and the vegetation. On an inland lake which has a level established by law, it means the high established level. Where water returns to its natural level as a result of the permanent removal or abandonment of a dam, it means the natural ordinary high-water mark.

(k) "Person" means any individual, partnership, corporation, association, political subdivision of the state, the department or other instrumentality or agency of the state, political subdivision thereof or other legal entity.

(l) "Pipeline" means any pipeline, including flow lines and transmission lines used to transport oil, gas, brine, sewage, or water, or conduits for electricity or communications from one facility to another, including the right-of-way within which such facilities are located.

(m) "Publicly provided facility" means a facility provided by a public agency, including a federal, state, county, township, municipality, or other agency.

(n) "River's edge" means ordinary high-water mark.

(o) "Road" means any right-of-way that is provided for public motorized traffic.

(p) "Utility" means any commercial entity which provides a public service, such as electric, communications, sewage, oil, gas, or water service.

History

• History: 1979 AC.

Mich. Admin. Code R 281.302 Plans; application for approval; approval or denial within 60 days; exception {#sec-r-281.302 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.302}

Rule 2. Plans for construction, enlargement, and site or route location of all utility pipelines and transmission lines, roads and road rights-of-way, publicly provided recreation facilities, access sites, and public water management projects within a natural river area shall be approved by the department. An application for the approval of such plans shall be submitted by the applicant, in writing, to the department. Approval or denial by the department shall be made within 60 days of receipt of the complete application, except where a public informational meeting is held pursuant to R 281.304(3).

History

• History: 1979 AC.

Mich. Admin. Code R 281.303 Application for approval; contents {#sec-r-281.303 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.303}

Rule 3. An application shall include all of the following:

(a) Plans showing the proposed project or right-of-way in relation to the natural river area, the adjacent shoreline property and existing land uses within 500 feet of the proposed project and existing structures, existing utilities, pipelines, roads, and contour information depicting the topography of the site.

(b) Plans showing prudent, feasible alternative routes or locations, and the reasons the route or site on the application was selected.

(c) The names and addresses of riverfront property owners within 500 feet of the proposed project as shown on the current tax assessment rolls.

(d) Other information which the department determines is necessary to complete an assessment of the proposed project.

History

• History: 1979 AC.

Mich. Admin. Code R 281.304 Notice of application; permit application; copies; pre-filing conference; public informational meeting {#sec-r-281.304 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.304}

Rule 4. (1) Within 10 days of the receipt of a completed application, the department shall give notice of the application to all riverfront property owners within 500 feet of the proposed use, as shown on the current tax assessment rolls, the respective clerks of the county and township in which the proposed use is to be located, the local soil erosion and sedimentation control enforcing agency, the local soil conservation district, and the local watershed council organized under either Act No. 253 of the Public Acts of 1964, being S323.301 et seq. of the Michigan Compiled Laws, or Act No. 200 of the Public Acts of 1957, being S123.631 et seq. of the Michigan Compiled Laws, if any.

(2) An applicant is encouraged to have a pre-filing conference with representatives of the department and other appropriate state and local officials prior to formal submission of their application.

(3) The department may hold a public informational meeting on an application, upon written request of the general public or of 1 of those persons listed in subrule (1), within 30 days of the department's receipt of the complete application, when a proposed project appears to be controversial, or where additional information is desired prior to action by the department. If the department determines a public informational meeting shall be held, it shall be scheduled within 60 days of the department's receipt of a complete application. The department shall make a determination within 30 days following the meeting. All notification requirements of subrule (1) also apply to public informational meetings.

(4) The department shall coordinate and take into consideration any responses or constructive suggestions offered by the general public and those agencies and persons identified in subrule (1).

History

• History: 1979 AC.

Mich. Admin. Code R 281.305 Application; review {#sec-r-281.305 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.305}

Rule 5. (1) The following general considerations shall be weighed when reviewing an application:

(a) Effect on the environmental factors and ecological systems involved, such as effect on adjacent lands, waters, aesthetics, wildlife, fisheries, recreational, floodplain, vegetation, and historic and archaeological values.

(b) Cumulative effect upon the natural river area from similar potential developments.

(c) Alternatives available to the applicant.

(d) Secondary effects likely to be caused or encouraged by the project, such as offroad vehicle use, horseback riding, or additional foot access which may lead to noise, erosion, water pollution, or disruption of aesthetic qualities.

(e) Economic factors relating to costs of right-of-way acquisition, construction, and maintenance, and the need for additional facilities or resource protection measures in the approximate area in the future.

(f) All other factors relevant to the purposes and provisions of these rules.

(2) In addition to the general considerations, the following specific requirements shall apply:

(a) Approval for rights-of-way shall be based upon the following:

(i) Alternative routes available to the applicant.

(ii) Proximity of existing rights-of-way, which the proposed facility could share or be located adjacent to.

(iii) The narrowest width right-of-way necessary to facilitate construction and maintenance of the pipeline, transmission line, or road shall be used. The forest management division guidelines, utilities, pipelines, and communication structures on state land, which are available by writing the Forest Management Division, Department of Natural Resources, P.O. Box 30028, Lansing, Michigan 48909, shall be followed.

(iv) Capacity of new pipelines, transmission lines, and roads to accommodate projected or anticipated future needs in that area to reduce the need for additional future crossings.

(b) Approval of a plan for site location and design of publicly provided recreation facilities, access sites, publicly developed water management projects, or other structures shall be based upon all of the following:

(i) The adopted natural river plan.

(ii) Site location shall be in accordance with the adopted natural river plan.

(iii) A site plan shall be developed so as to take advantage of existing topography and vegetation to minimize the impact of facilities on the natural character of the area.

(iv) Alteration of existing topography shall be kept to a minimum, as provided for in the approved site plan.

(v) Removal of trees, shrubs, and other vegetation in the natural river area shall be in accordance with the adopted natural river plan.

(vi) A plan shall incorporate the use of materials that blend with the natural setting.

Dark roof areas, muted earth tone paints or stains, and low silhouettes are considered desirable.

(vii) A proposed use shall be constructed and maintained so that it does not lead to accelerated bank erosion or degradation of the river resources.

(viii) When replacing an existing bridge or culvert, or constructing a new road crossing over a designated natural river, a structure to accomplish the road crossing shall be designed to maximize the purpose and objectives of the natural river act. In reviewing an application, the department shall consider the anticipated effects of the structure on any portion of the natural river area, and shall consider all of the factors outlined in subrule (1)(a) to (f).

History

• History: 1979 AC.

Mich. Admin. Code R 281.306 Construction and maintenance of approved projects; applicable requirements and specifications {#sec-r-281.306 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.306}

Rule 6. (1) Construction and maintenance of approved projects shall follow all applicable requirements and specifications set forth in R 281.811 to R 281.846, R 323.1701 to R 323.1714, R 460.511 to R 460.519, R 460.521 to R 460.529, R 460.540 to R 460.548, R 460.588, R 460.852, R 460.865, R 460.1251 to R 460.1422, R 460.2804 to R 460.2879, R 323.1311 to R 323.1329, and R 460.14001 to R 460.14999 of the Michigan Administrative Code. The forest management division guidelines, utilities, pipelines and communications structures on state land, which are available by writing the Forest Management Division, Department of Natural Resources, P.O. Box 30028, Lansing, Michigan 48909, shall be followed.

(2) The department, in addition to the above requirements, may require other reasonable measures to further protect the natural river environment, including the following as are deemed appropriate and necessary:

(a) Upon reaching the natural vegetation strip during clearing operations for overhead electric transmission line, communication line, and pipeline rights-of-way, tall-growing tree species may selectively be removed. Shrubs, low-growing tree species with a mature height of less than 20 feet, and other vegetation shall be left as natural as possible. Following construction, special measures may be required to discourage damaging off-road vehicle use, enhance wildlife habitat, or protect against soil erosion. The department may require that the right-of-way be left in a rough, ungraded condition and that slash and stumps be scattered over the right-of-way or made into brush piles, if landowner concurrence is obtained.

(b) A single-span stream crossing shall be used whenever possible, which shall be consistent with proper vertical clearance of the wires over the waterway and proper structure height for minimal adverse visual impact. This will result in poles being placed as far landward of the river banks as possible.

(c) If an underground utility right-of-way crosses the natural vegetation strip, only minimal brush and tree removal shall be performed during construction.

Following construction, special measures may be required to restore the natural appearance of the area, stabilize river banks, discourage damaging off-road vehicle use, or enhance wildlife habitat. If revegetation is required, native plant materials commonly used in that area, as specified by the department, shall be replanted in the natural vegetation strip. The department may require that the right-of-way be left in a rough, ungraded condition and that slash and stumps be scattered over the rightof-way or made into brush piles, if landowner concurrence is obtained.

(d) Management of trees, shrubs, and other vegetation for maintenance of all rights-ofway shall be done manually in the natural vegetation strip.However, herbicides may be applied by hand to stumps of selectively cut trees in the natural vegetation strip, where establishing and maintaining a low-growing shrub community in this zone will further the objectives of the act. The department may authorize application of selected pesticides to control insect or disease infestations.

(e) The time and method of planting recommended vegetation shall be specified by the department to ensure maximum survival and growth of plant species.

(f) The stream shall be crossed by a method of construction which minimizes disruption to the streambed. Streams should be crossed at the point and time least damaging to fishery resources, and generally at right angles. If aerial crossings are used, they shall be designed to accommodate recreational use of the river in addition to protection of the streambanks.

(g) Materials used for bank stabilization following a river crossing shall maintain and enhance the natural and aesthetic qualities of the natural river area, control bank erosion, restore fish habitat, and discourage damaging off-road vehicle use.

Specifications regarding stabilization efforts and revegetation shall be consistent with the goals of maintaining stream width as near as possible to the original width, and to provide early revegetation of the area involved.

(h) During construction for a new road or bridge, or reconstruction of an existing road or bridge, strict erosion control measures shall be taken to prevent sediment from reaching the river. Only minimal clearing of existing vegetation, grubbing, and grading shall be performed in the natural river area. The construction area shall be restored to as natural a condition as possible in the natural river area immediately following construction.

(i) Where bank stabilization is needed to stabilize a bank along a road or at bridge crossings, materials shall be used that insure the maintenance and enhancement of the natural and aesthetic qualities of the natural river area.

(j) All of the following apply to publicly provided recreational and water management projects and access site facilities:

(i) Construction or maintenance of these projects shall follow the recommendations of the adopted natural river plan.

(ii) Only minimal removal of existing vegetation within the natural river area shall be performed.

(iii) The time and method of planting recommended vegetation shall be specified by the department to ensure maximum survival and growth of plant species.

(iv) A plan shall incorporate the use of materials that blend with the natural setting.

Dark roof areas, muted earth tone paints or stains, and low silhouettes are considered desirable.

History

• History: 1979 AC.

Mich. Admin. Code R 281.307 Hearing; appeals {#sec-r-281.307 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.307}

Rule 7. (1) An applicant who is denied approval, or a person who is not satisfied with the decisions of the department, is entitled to a hearing pursuant to sections 71 to 77 of Act No. 306 of the Public Acts of 1969, as amended, being SS24.271 to 24.277 of the Michigan Compiled Laws, and pursuant to R 299.3071 to R 299.3081 of the Michigan Administrative Code.

(2) In making a final decision in a contested case, the commission shall consider those factors listed in R 281.305(1)(a) to (f).

(3) A requested use shall not be granted if the commission determines that the requested use poses substantial hazard to human life, property rights, either public or private, or to the public trust.

History

• History: 1979 AC.

Mich. Admin. Code R 281.308 Violations {#sec-r-281.308 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.308}

Rule 8. (1) The staff of the department shall investigate an alleged violation and, if it is found that a violation exists, shall order the applicant, in writing, to correct conditions found to be in violation of these rules.

(2) Any construction or a use of land or premises in violation of these rules may be subject to the provisions of section 13 of Act No. 231 of the Public Acts of 1970, being S281.773 of the Michigan Compiled Laws.

History

• History: 1979 AC.

R 281.51 to R 281.395 Natural River Zoning (13 Rivers)

Mich. Admin. Code R 281.51 Definitions {#sec-r-281.51 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.51}

DEPARTMENT OF NATURAL RESOURCES

FISHERIES DIVISION

NATURAL RIVER ZONING

(By authority conferred on the director of the department of natural resources by section 30512 of Part 305 of 1994 PA 451, MCL 324.30512, and Executive Orders 1991-22, 2009-45, and 2011-1, MCL 299.13, 281.99919, and 281.99921)

Rule 1. (1) As used in these rules:

(a) "Applicant" means a person who requests on a form provided by the department and via proper procedures, a zoning permit for a principal use, special use, or variance.

(b) "Appurtenance" means a structure or accessory building incidental to a principal or exempt use including all of the following:

(i) Detached garage.

(ii) Residential storage shed.

(iii) Barn and other agricultural storage and livestock structure.

(iv) Pump house.

(v) Private access roads and driveway.

(vi) Electrical service line.

(c) "Bankfull" means the width of the stream that corresponds to the depth where water fills a main channel to the point of overflowing.

(d) "Bed and breakfast" means a single-family dwelling providing not more than 3 bedrooms for rent and breakfast served to transient overnight guests only and is the owner’s primary residence and is occupied by the owner at the time of rental.

(e) "Bluff" means a bank that rises at a slope of 33 degrees or greater from within 10 feet of the river’s edge. The crest of the bluff is the first riverward facing area (approximately parallel to the river) that breaks to a slope of less than 18 degrees for a distance away from the river of at least 25 feet.

(f) "Bridge" means any structure of any span length designed to provide a pedestrian, vehicle, livestock, or any other stream crossing, including but not limited to, a culvert, open bottom arch, and clear-span or multi-span structure.

(g) "Building inspector" means the agency or individual who is appointed by the appropriate governmental subdivision to issue a building permit and to administer the state construction code act, 1972 PA 230, MCL 125.1501 to 125.1531.

(h) "Campground" means a parcel or tract of land in which sites are offered for the use of the public or a member of an organization, either free of charge or for a fee, for the establishment of temporary living quarters for 5 or more recreational units;

“campground” does not include a seasonal mobile home park licensed under the mobile home commission act, 1987 PA 96, MCL 125.2301 to 125.2349.

(i) "Certificate of zoning compliance" means a certificate issued by the zoning administrator upon determination that the construction and use of land and any structure, as authorized by a zoning permit, including the approved site plan, is in compliance with the approved zoning permit and site plan.

(j) "Cutting edge of the river" means the outside bend of a river or stream channel where the water velocity is such that it may cause soil or streambank erosion.

(k) "Designated natural river" means a river designated by the director under the authority of part 305, natural rivers, 1994 PA 451, MCL 324.30501 to 324.30515.

(l) "Dock" means a seasonal or permanent platform located at the water’s edge or extending into the river channel, intended for securing and facilitating access to watercraft or to facilitate access to deeper water for swimming, fishing, or other wateroriented recreational activity and does not include a wall, railing, a storage locker, an attached bench, or any similar structure attached thereto.

(m) "Effective date of these rules" means the zoning rule promulgation date for each designated natural river as follows:

(i) Jordan river – September 25, 1974.

(ii) Betsie river – June 11, 1977.

(iii) White river - May 5, 1979.

(iv) Huron river – June 2, 1980.

(v) Rogue river – June 2, 1980.

(vi) Boardman river – June 2, 1980.

(vii) Pere Marquette river – July 15, 1981.

(viii) Rifle river – April 24, 1984.

(ix) Flat river – June 21, 1984.

(x) Pigeon river – February 13, 1985.

(xi) Au Sable river – August 15, 1990.

(xii) Pine river – December 27, 2004.

(xiii) Upper Manistee river – December 27, 2004.

(xiv) Two Hearted river – effective date of these rules.

(xv) Lower Kalamazoo river - effective date of these rules.

(xvi) Fox river - effective date of these rules.

(n) "Filtered view" means the maintenance or establishment of woody vegetation of sufficient density to screen development from the river. The vegetation need not be so dense as to completely block the river view.

(o) "Floodplain" means an identified or documented area of land adjoining a river or stream that will be inundated by a 100-year flood, as defined in part 13, floodplains and floodways, MCL 324.1301 to 324.1311.

(p) "Front" means that segment of a lot or parcel closest to or abutting the designated natural river.

(q) "Ground floor area" means the area of the ground covered by a dwelling measured on the outside of a building, including a covered porch and attached garage, but not including a deck or patio.

(r) "Home-based occupation" means a business activity that is secondary to the use as a residence of a single-family dwelling and may be conducted on or off the premises of a single-family dwelling by the resident of that single-family dwelling, and may include storage of vehicles and equipment.

(s) "Impervious surface" means a surface, including a paved and unpaved driveway, deck, rooftop, road, patio, swimming pool, or parking lot, that does not allow stormwater to infiltrate the ground.

(t) "Lot" means a continuous area, parcel, or acreage of land that can be described for purposes of transfer, sale, lease, rental, or other conveyance.

(u) "Lot area" means the area inside the lot lines.

(v) "Lot of record" means a lot that exists in a subdivision plat as shown by records of the county register of deeds existing before the effective date of these rules or a lot or parcel described by metes and bounds and recorded by the county register of deeds before the effective date of these rules.

(w) "Lot, vacant" means a lot that does not contain a single-family dwelling.

(x) "Natural river district" means a natural river area designated by the director.

(y) "Ordinary high-water mark" means the line between the upland and bottomland which persists through successive changes in water level and below which the presence and action of the water is so common or recurrent that the character of the land is marked distinctly from the upland and is apparent in the soil itself, the configuration of the surface of the soil, and the vegetation.

(z) "Reforestation" means renewal of vegetative cover by seeding, planting, or transplanting.

(aa) "Setback" means the horizontal distance as specified in these rules between any portion of a structure and the ordinary high-water mark or crest of a bluff, measured at the structure's closest point to the ordinary high-water mark or crest of a bluff.

(bb) "Short-term rental facility" means a single-family dwelling with not more than 3 bedrooms offered as a residential rental facility for a rental period of less than 30 days.

(cc) "Single-family dwelling” means a structure designed to be used exclusively for residential purpose, including long-term residential rental purpose, and contains kitchen and bathroom facilities.

(dd) "Structure" means anything constructed, erected, or moved to or from any lot and located above, on, or below the ground, including a building, mobile home, road, boardwalk, sign, billboard, satellite dish greater than 32 inches in diameter, any communication structure, or a fence. An enclosed, self-contained camping unit is not considered a structure if on site fewer than 30 days per calendar year and if located landward of the natural vegetation strip, or if the structure is located on a campsite within a campground licensed under the public health code, 1978 PA 368, MCL 333.1101 to 333.25211, if both the individual campsite and the campground were established before the effective date of these rules.

(ee) "Tent camping" means camping within a natural river district on private land with a tent, tarp, or other lightweight structure that is temporary and incurs no land disturbance or clearing of vegetation.

(ff) "Wetland" means land characterized by the presence of hydric soils or water at a frequency and duration sufficient to support wetland vegetation or aquatic life as defined in the wetlands protection act, part 303, 1994 PA 451, MCL 324.30301 to 324.30329.

(gg) "Zoning administrator" means the administrator of these zoning rules as delegated by the director.

(hh) "Zoning permit" means written permission granted by the zoning administrator.

(ii) "Zoning review board" means a group of not more than 7 members appointed by the department to implement these rules.

(2) Terms not defined in these rules shall have the meanings customarily assigned to them.

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 281.52 Purpose; intent; scope {#sec-r-281.52 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.52}

Rule 2. (1) It is the purpose of these rules to do the following:

(a) To promote the public health, safety, and general welfare, to prevent economic and ecological damages due to misuse, unwise development patterns, overcrowding, and overuse within the natural river district, and to preserve the values of the natural river district for the benefit of present and future generations.

(b) To protect, preserve, and enhance the natural river district values for the free flowing conditions, water conservation, fish, aquatic, and wildlife resources, ecological, water quality, floodplain, scenic and aesthetic qualities, boating, historical, and recreational values and uses of a designated natural river district and adjoining land.

(c) To provide for residential and other permitted development that will complement the natural characteristics of the natural river system.

(d) To achieve the goals and objectives of the department’s natural river plan.

(2) It is the intent of these rules to define terms used and to regulate and restrict lot coverage and use, population distribution and density, and the size and location of all structures by the delineation of permitted uses and development standards to promote the purposes identified in these rules. It is further intended to provide for administration and enforcement of these rules and remedy for a violation of these rules.

(3) It is not the purpose of these rules to revoke, annul, cancel, or in any way impair or interfere with existing provisions of law, ordinance, rule, regulation, or private restrictions placed upon property by covenant or deed. If a provision of law is less restrictive than the provisions of natural rivers, part 305, 1994 PA 451, MCL 324.30501 to 324.30515 and these rules, the provisions of natural rivers, 1994 PA 451, MCL 324.30501 to 324.30515, and these rules shall apply.

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 281.53 Exempt use {#sec-r-281.53 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.53}

Rule 3. (1) Land uses exempt from a zoning permit in a designated natural river district include the following:

(a) Private, non-commercial recreation which does not involve a structure, equipment, or other device, and includes camping, boating, fishing, hunting, and other similar activities.

(b) Reforestation and any other accepted forest management practice that does not involve a structure and is landward of the natural vegetation strip.

(c) Agricultural activities, including general and specialized farming such as a Christmas tree farm, provided that any new activity occur landward of the natural vegetation strip and provided such use does not contribute to stream degradation.

Construction of a residential and farm-related structure and appurtenance is classified as a principal use and is subject to zoning permit requirements. Any new aquaculture facility or concentrated animal feeding operation, and expansion of any existing aquaculture facility or concentrated animal feeding operation, is not permitted within the natural river district without a land use variance as described in R 281.60. Resumption of a prior agricultural use previously located within the natural vegetation strip and discontinued, for example, rotation of crop fields, may resume if 1 of the following criteria is met:

(i) The cessation of use was within 10 years of resumption of use.

(ii) The cessation of use was due to implementation of a management plan written before the effective date of these rules.

(iii) The cessation of use was the result of a written agreement with a governmental agency or agencies entered into before the effective date of these rules.

(iv) The cessation of use was the result of a written agreement with a governmental agency or agencies entered into after the effective date of these rules or ordinances implementing this plan, where the term of cessation of use specified in the agreement is for 10 years or less.

(v) The cessation of use was required or imposed by a governmental agency or agencies.

(d) Cutting of low growing vegetation and placement of wood chips on uplands in the natural vegetation strip to create a single footpath of not more that 4 feet in width leading to a single point on the river’s edge. A boardwalk or other artificial walkway is not exempt and requires a zoning permit as specified in R 281.57.

(e) A sign for identification, direction, resource information, exclusion of trespassers, regulation of use and those related to permitted uses, subject to the following provisions:

(i) A sign for the sale of a product or service is prohibited, unless related to a permitted use, located on the site of the permitted use, not located in the natural vegetation strip, and not visible from the river.

(ii) An illuminated sign is prohibited.

(iii) "No trespassing" sign shall be not larger than 1 square foot in area and shall be spaced at least 100 feet apart. Other signs may be not larger than 2 square feet in area, except 1 real estate sign may be not larger than 4 square feet in area if located outside the natural vegetation strip.

(f) Routine maintenance and repair of a legal use or structure within the existing foundation and structure, subject to R 281.57.

(g) A satellite dish not more than 32 inches in diameter and located landward of the natural vegetation strip or attached to an existing single-family dwelling, short-term rental facility, or appurtenance.

(h) Removal of any dead, diseased, or unsafe tree, noxious plant or shrub, within the natural vegetation strip.

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 281.54 Principal use; application procedure {#sec-r-281.54 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.54}

Rule 4. (1) An application for a principal use shall be submitted and processed pursuant to all the following:

(a) An application for a principal use shall be completed by the applicant on a form provided by the department and submitted to the zoning administrator. A completed application shall contain all of the following:

(i) A completed application form signed by the applicant or the applicant's representative.

(ii) A site plan that meets the requirements of R 281.56.

(iii) Evidence of ownership or a legal interest in the property affected by the application for a principal use, or authorization from the property owner to apply for a principal use.

(b) Within 21 days of receipt of an application for a principal use, the zoning administrator shall notify the applicant of the need for additional information, if applicable.

(c) Within 30 days of receipt of a completed zoning permit application, the zoning administrator shall determine if a permit shall be issued. Approved zoning permits shall be forwarded to the applicant with an approved site plan by the zoning administrator. If the zoning administrator determines a zoning permit shall not be issued, the reason shall be provided to the applicant in writing.

(d) Before commencing construction of a principal use, an applicant shall display the approved zoning permit and site plan in a location easily visible from the nearest street or roadway until the authorized project is completed.

(e) A zoning permit is valid for 2 years and is not transferable. All structures shall be completed within 2 years from the date of issuance of the zoning permit.

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 281.55 Special use; application procedure {#sec-r-281.55 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.55}

Rule 5. (1) A special use includes the following:

(a) A campground, with associated noncommercial structures, impervious pads, and utility hookups, with all of the following provisions:

(i) Campground shall be constructed and maintained in accordance with all applicable state and local regulations.

(ii) A commercial structure associated with the campground is prohibited in the natural river district.

(iii) A structure shall be at least 200 feet from the high-water mark.

(iv) Not more than 4 campsites per acre.

(v) A 100-foot wide natural vegetation strip along the river shall be maintained.

(vi) A campsite that accommodates a wheeled motorized vehicle shall be at least 200 feet from the high-water mark.

(vii) A walk-in campsite shall be landward of the 100-foot natural vegetation strip.

(viii) A dock may be constructed at the rate of 1 dock not larger than 48 square feet for each 200 feet of river frontage, accessed by a single footpath not more than 4 feet wide.

(ix) Wheeled motorized vehicle access to the river is prohibited.

(x) Launch or retrieval of commercial watercraft at any campground by other than a registered camper is prohibited.

(b) A permanent vehicle bridge on a tributary, subject to R 281.58.

(2) An applicant shall submit an application for a special use permit on a form provided by the department and submit it to the zoning administrator. A completed application shall contain all of the following information and attachments:

(a) A completed application signed by the applicant or the applicant's representative.

(b) A site plan that meets the requirements of R 281.56.

(c) Evidence of ownership or a legal interest in the property that is affected by the application for a special use or authorization from the property owner to apply for a special use permit.

(d) A list of all property owners and their mailing addresses whose property is located within 300 feet of applicant's property being considered for a special use.

(3) The application, together with required attachments, shall be submitted not less than 30 days before the meeting of the zoning review board at which the application is to be considered.

(4) The zoning review board shall conduct at least 1 public hearing and shall require all of the following notifications of the hearing to be made not less than 10 days before consideration of the special use application:

(a) Notice of public hearing shall be published in a newspaper that circulates in the township in which the proposal is located.

(b) Notice of public hearing shall be sent by first-class mail or personal delivery to owners of property for which approval is being considered and to all persons whose property is located within 300 feet of applicant's property.

(c) Notice of public hearing shall also be sent to all of the following:

(i) Local tax assessing official or officials.

(ii) Township and county clerks.

(iii) Local building inspector or inspectors.

(iv) State, district, or county health department, if applicable.

(5) The zoning review board shall require that an application for a special use comply with all of the following:

(a) The purposes specified in R 281.52 are accomplished.

(b) A compelling reason exists to locate the proposed use within the district boundaries if contiguous property under the same ownership is available outside the district.

(c) The proposed use, in combination with any other existing use, will not be a detriment to the public health, safety, and welfare.

(6) The zoning review board may impose conditions deemed necessary to accomplish the general and specific standards applicable to the proposed use.

(7) The concurring vote of a majority of the eligible voting members of the zoning review board shall be required to approve a special use.

(8) A special use permit granted by the zoning review board shall be valid for 2 years from date of approval. If construction has not, in the opinion of the zoning review board and department, commenced and proceeded meaningfully at the end of the 2-year period, the zoning administrator shall notify the applicant, in writing, of the expiration of the special use permit.

(9) If the zoning review board and the department determine that the applicant has failed to comply with any of the requirements of these rules or the approved special use permit, the department may revoke the special use permit in accordance with the administrative procedures act, 1969 PA 306, MCL 24.201 to 24.328 .

(10) An application for a special use permit denied by the zoning review board shall not be submitted for reconsideration unless, in the opinion of the zoning administrator, the application is significantly different in scope from the previously denied application or new and significant facts and conditions exist which might result in approval upon resubmission.

(11) Concurrent with issuance of a special use permit, an applicant shall receive a copy of the approved site plan, with conditions, if any.

(12) Before commencing construction of a special use, an applicant shall display the permit in a location easily visible from the nearest street or roadway until the purpose for which the permit was issued is completed.

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 281.56 Zoning permit; site plan; certificate of zoning compliance {#sec-r-281.56 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.56}

Rule 6. (1) A building or other structure shall not be erected, moved, added to, or structurally altered, and a land use shall not be commenced, without a zoning permit issued by the zoning administrator. A permit shall not be required for an exempt structure, use, or activity as specified in R 281.53.

(2) An application for a zoning permit shall include a site plan for the entire area proposed for development. The zoning administrator, in the case of a principal use or minor variance application, or the zoning review board, in the case of a special use or variance application, may require adjustments in the site plan as a condition for approval to ensure that the proposed development meets all standards contained in these rules. Except as otherwise waived by the zoning administrator, in the case of a principal use or minor variance application, or waived by the zoning review board, in the case of a special use or variance permit application, a site plan shall show and include all of the following, either existing or proposed:

(a) A site plan drawn to scale, with the scale indicated.

(b) Property dimensions, including river frontage.

(c) Size, shape, use, and location of existing and proposed buildings or improvements, including distances to adjacent property boundaries and the river's edge.

(d) Existing vegetation, including the location and type.

(e) Adjacent streets and highways.

(f) Parking areas.

(g) Cross-section drawing showing height of buildings above water level and bluff heights.

(h) Entrances to public streets.

(i) Description of the building design, including proposed construction materials.

(j) Drainage facilities.

(k) Location and description of the method to dispose of sanitary waste.

(l) Proposed landscaping.

(m) Location of footpaths.

(n) Signs proposed, including the size, location, and material.

(o) North arrow.

(p) Date of drawing.

(q) Detailed site location map.

(r) Any additional information required by the zoning administrator or zoning review board to carry out the administrator's or board's duties. Additional information may include all of the following:

(i) Soil types.

(ii) Topography.

(iii) Building elevations.

(iv) Site photographs.

(v) Anticipated traffic volume.

(vi) Traffic patterns.

(3) A structure or lot for which a zoning permit has been issued shall not be occupied, and a use for which a zoning permit has been issued shall not commence, until the zoning administrator has issued a certificate of zoning compliance. The issuance of a certificate of zoning compliance shall not be construed as waiving any provision of these rules. A record of all certificates of zoning compliance issued shall be kept on file in the office of the zoning administrator. A certificate of zoning compliance shall not be interpreted as substitute for a certificate of occupancy required by local building code or local zoning permit.

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 281.57 Home occupation and home-based occupation; land alteration; lot; dwelling; building setback; impervious surface; drinking water supply well; height of structure; dock; river access stairway; boardwalk; natural vegetation strip; standards {#sec-r-281.57 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.57}

Rule 7. (1) A home occupation or home-based occupation in a designated natural river area shall conform to all of the following:

(a) The use of the dwelling unit or related structure for a home occupation or homebased occupation shall be clearly incidental and subordinate to its use as a single-family residential dwelling.

(b) Equipment or a process shall not be used in a home occupation or home-based occupation if it creates excessive noise, vibration, fumes, odors, or electrical interference that is detectable to the normal senses off the premises.

(2) Land alteration shall conform to all the following requirements:

(a) Land alteration shall not occur within the natural vegetation strip, except placement of wood chips for a foot path as provided in R 281.53, on the face or crest of a bluff, in a wetland, in a floodplain, or below the ordinary high-water mark of the river unless associated with bank stabilization or fisheries habitat improvement activities.

(b) Draining a wetland is prohibited.

(c) A pond may be constructed if the pond meets the building setback established for the natural river district, spoils are placed in a non-wetland, non-floodplain area landward of the natural vegetation strip, and the pond is not connected to the river by any surface or subsurface drainage system. A pond shall not be constructed in a wetland or the 100-year floodplain.

(d) Bank stabilization or fisheries habitat activities shall comply with all of the following:

(i) Bioengineering practices shall be the preferred alternative for bank stabilization.

Bioengineering practices used to stabilize stream banks utilize a combination of native plantings and natural or biodegradable materials to engineer shoreline protection that mimic and or enhance the natural landscape.

(ii) Rock used for bank stabilization above the seasonal low-water level of the stream shall be rounded cobble (fieldstone).

(iii) Quarried limestone or other natural angular stone shall not be exposed by seasonal low water level of the stream.

(iv) An in-stream fisheries habitat structure, such as a lunker, an overhead cover platform or similar structure, shall be, upon completion, indistinguishable from the natural surrounding landscape.

(v) A seawall, vertical bulkhead, gabion basket, concrete bag riprap, broken concrete, and other similar structures are prohibited.

(vi) The proposed project shall fulfill an identifiable need for erosion protection, bank stabilization, or fisheries habitat improvement.

(3) A proposed lot with a preliminary plat approval under the land division act, 1967 PA 288, MCL 560.101 to 560.293, but does not meet the dimensional requirements specified for each natural river on the effective date of these rules shall, upon final plat approval, be issued a zoning permit subject to these rules.

(4) A lot created before the effective date of these rules which does not possess sufficient land area or lot width may be used for the purposes described and subject to the requirements in these rules.

(5) A zoning permit, special use permit, or variance will not be granted for any activity on a lot created after the effective date of these rules if the new lot does not meet the provisions of these rules. A new lot shall not be created if construction of a road/stream crossing is required to provide access to the only buildable area.

(6) Only 1 single-family dwelling or short-term rental facility shall be permitted per lot unless 1 of the following applies:

(a) The property owner submits a site plan for the lot showing theoretical property lines for individual lots that meet all natural river zoning standards, and locate any additional single-family dwelling or short-term rental facility and appurtenance as if the property were divided into those separate lots.

(b) For each single-family dwelling or short-term rental facility placed in a cluster-type setting that does not meet the requirements in subdivision (a) of this subrule, a portion of the lot containing an area equal to a newly created separate legal lot as described in these rules will be made subject to a permanent conservation easement or deed restriction prohibiting construction of any structure within that portion of the lot. A conservation easement will be sold, donated, or otherwise conveyed, in writing in perpetuity, to a land conservancy, local unit of government, or the state. The agency acquiring the conservation easement shall agree, in writing in perpetuity, to refrain from development of the land.

(7) If a proposed single-family dwelling or short-term rental facility is on a vacant, legal, nonconforming parcel that is between and adjacent to 2 parcels that contain a legal singlefamily dwelling or short-term rental facility that does not meet the minimum building setback standard, and the adjacent single-family dwelling or short-term rental facility are within 150 feet of each other, a minor variance to the building setback standard may be granted that will result in the new single-family dwelling or short-term rental facility being located no closer to the river than the adjacent single-family dwelling or short-term rental facility that is farthest from the high-water mark or landward of the natural vegetation strip or 75 feet from the highwater mark, whichever is greater, and the single-family dwelling or short-term rental facility shall not be placed on lands subject to flooding or in any wetland area. This subrule does not apply to an appurtenance, accessory building, or other structure. Any development shall be in conformance with the bluff development standards established for each designated natural river in these rules.

(8) A drinking water supply well for a single family dwelling or short-term rental facility shall not be located in the natural vegetation strip or closer to the river than the structure it serves. A drinking water supply well not meeting the requirements of this rule requires a minor variance subject to R 281.60.

(9) The maximum percentage of impervious surface permitted on a lot is as follows:

(a) For a lot with less than 10,000 square feet of area, not more than 35% of the land surface may be covered by an impervious surface.

(b) For a lot with between 10,000 square feet and 40,000 square feet of area, not more than 25% of the land surface may be covered by an impervious surface.

(c) For a lot with between 40,001 square feet and 80,000 square feet of area, not more than 20% of the land surface may be covered by an impervious surface.

(d) For a lot greater than 80,000 square feet in area, not more than 10% of the land surface may be covered by an impervious surface.

(10) A structure shall not be more than 35 feet in height measured from the original surface elevation.

(11) A dock shall conform to all of the following:

(a) A dock shall not be more than 48 square feet in area, with not more than 4 feet of the dock extending over the edge of the river.

(b) A dock shall be designed, constructed, and maintained to blend with the natural surroundings. The use of natural, native materials is encouraged.

(12) A stairway constructed to allow river access shall conform to all of the following standards:

(a) A stairway is not permitted unless no other reasonable and safe access to the river exists.

(b) A stairway shall be low-profile, not more than 4 feet wide, and constructed without stairs being recessed into the ground surface, except if site and soil conditions dictate that a recessed stairway is appropriate.

(c) A landing shall not be constructed unless required by building code, in which case the landing shall be the minimum number and size required by building codes.

(d) Not more than 1 handrail shall be associated with a stairway.

(e) A stairway shall be constructed using natural materials.

(f) A stairway shall be located and maintained to blend with the natural surroundings, and where removal of vegetation in the natural vegetation strip can be minimized.

(13) A boardwalk associated with a footpath to the river’s edge shall conform to all of the following:

(a) A boardwalk shall be placed only in an area that is generally too wet to be traversed without significant disturbance of the soils.

(b) A boardwalk and all supports shall be constructed of natural materials.

(c) A boardwalk shall not be more than 3 feet wide.

(d) A boardwalk shall not include any railing.

(e) The top of a boardwalk shall not be more than 12 inches above grade.

(14) Within the natural river district, a natural vegetation strip shall be maintained that includes the river and all lands within the area abutting the river’s edge for each designated natural river as specified in these rules. Trees and shrubs may be pruned over not more than a 50-foot width for a filtered view of the river. The natural vegetation strip is also subject to all of the following:

(a) Felling of a tree or removal of other vegetation in the natural vegetation strip is prohibited except for the following:

(i) An unsafe tree, noxious plant, or shrub, such as poison ivy and poison sumac, may be removed without a zoning permit.

(ii) Select tree removal or trimming for forest management practices or disease and insect control, and clearing of vegetation to the minimum width required for public utility primary electric distribution lines and service lines for permitted uses is permitted upon approval of the zoning administrator in consultation with local conservation district staff, if the activity is in keeping with the goals and objectives of the natural river plan.

(b) Mowing is prohibited in the natural vegetation strip except in an area maintained in a mowed condition before the effective date of these rules or to establish a single footpath to the river not to exceed 4 feet wide.

(c) Any island in any stream segment is subject to the natural vegetation strip standards as described in these rules.

(d) Camping, except for tent camping, is not permitted in the natural vegetation strip.

(e) A motorized vehicle shall not be operated off road in the natural vegetation strip.

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 281.58 Bridges {#sec-r-281.58 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.58}

Rule 8. (1) A bridge for any designated natural river shall conform to all of the following:

(a) An existing bridge that is destroyed by any means, whether on a tributary or mainstream segment, may be replaced. On a mainstream segment or a tributary, subject to mainstream development standards, a destroyed pedestrian bridge may not be replaced with a vehicle bridge. An application for replacement of a destroyed bridge shall be submitted within 12 months of destruction or the replacement bridge shall be considered a new bridge and shall be subject to the standards for a new bridge.

(b) A replacement bridge on any mainstream segment or tributary subject to mainstream development standards shall span the bankfull channel, have a minimum clearance of 5 feet between the ordinary high-water mark and the bottom of the bridge deck and/or deck supports other than abutments, and be a bottomless structure.

(c) A permanent bridge replacing a bottomless bridge on any tributary not subject to mainstream development standards shall span the bankfull channel and be a bottomless structure, and in the case of any pedestrian bridge, constructed in order to exclude the use by any wheeled or tracked motorized vehicle or snowmobile.

(d) A permanent bridge replacing a bridge without a natural bottom on a tributary not subject to mainstream development standards shall be recessed and span the bankfull channel, and, in the case of any pedestrian bridge, be constructed to exclude the use by any wheeled or tracked motorized vehicle or snowmobile.

(e) A new bridge of any type is prohibited on any mainstream segment and on any tributary subject to mainstream development standards.

(f) A new bridge is not permitted on any designated river segment on any parcel that is created after the effective date of these rules, other than on the original parent parcel.

(g) A new pedestrian bridge may be permitted on a tributary not subject to mainstream development standards provided the lands connected by a new bridge are collectively owned by 1 person.

(h) A new permanent bridge on a tributary not subject to mainstream development standards shall span the bankfull channel and be a bottomless structure and, in the case of a pedestrian bridge, be constructed to exclude the use by any wheeled or tracked motorized vehicle or snowmobile.

(i) A new permanent vehicle bridge on a tributary not subject to mainstream development standards requires a special use permit as specified in R 281.55.

(j) Only 1 bridge is permitted to access a portion of land that is otherwise inaccessible from the owner's contiguous property.

(k) A temporary vehicle bridge on a tributary not subject to mainstream development standards for the purpose of access for timber harvest may be permitted provided it is constructed in a manner that minimizes impacts to the stream and aquatic organisms and shall be removed immediately after timber harvesting activities. All disturbed areas in the natural vegetation strip shall be revegetated with native vegetation, any fill placed shall be removed, and the land shall be returned to its original grade as soon as possible after removal of the bridge.

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 281.59 Nonconforming lot, use, structure {#sec-r-281.59 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.59}

Rule 9. (1) It is recognized that there exists, within the natural river district, lots, structures, and uses of land and structures which were lawful before these rules were promulgated or amended and which would be prohibited, regulated, or restricted pursuant to these rules. It is the intent of these rules to permit legal nonconforming uses, structures, or lots to continue until they are brought into conformity and, in certain instances, to permit the limited expansion of certain legal nonconforming uses and structures.

(2) If the combination of 2 or more contiguous nonconforming vacant lots owned by the same person results in an increase in conformance with the dimensional requirements of these rules, the lots shall be combined for use unless the lots are within a plat established before the effective date of these rules wherein more than 75% of the platted lots contain a single-family dwelling.

(3) The zoning administrator shall approve an application for a zoning permit for a principal use on a legal nonconforming lot of record subject to both of the following:

(a) The principal use complies with these rules, except the minimum lot width and area requirements.

(b) If the non-conforming lot is vacant, the applicant or owner of the subject lot does not own other contiguous vacant properties which if combined with the nonconforming lot would result in increasing the conformity of the lot.

(4) An application for a zoning permit for a principal use on a legal nonconforming lot of record that is not in compliance with R 281.59 (3) shall be treated as a variance pursuant to R 281.60.

(5) If on the effective date of these rules a lawful use of land exists that is made unlawful under these rules, the use may be continued if it remains otherwise lawful, subject to all of the following:

(a) The nonconforming use shall not be enlarged, increased, or extended without a land use variance under R 281.60.

(b) The nonconforming use and the structures associated with the nonconforming use shall not be moved, in whole or in part, to any other portion of the lot or parcel that is occupied by such use on the effective date of these rules unless the move would result in a greater degree of conformity with these rules.

(c) If the nonconforming use of land ceases for any reason for a period of 12 months, any subsequent use of the land shall conform to the requirements specified by these rules.

(6) If a lawful structure exists on the effective date of these rules that is made unlawful under these rules, the structure may remain if otherwise lawful, subject to all of the following:

(a) The structure may not be altered in a way that increases its nonconformity, such as expanding toward the ordinary high-water mark or increasing the height above the maximum height standard. The ground floor area of any legal nonconforming single-family dwelling or short-term rental facility may be expanded by up to 50%, or up to 75% if a variance for not more than a 25% reduction in the building setback standard is granted, of the existing ground floor area cumulative from the date of nonconformance, or to the minimum extent necessary to comply with local standards for minimum legal floor area for dwellings, whichever is greater, if the expansion does not increase the nonconformity of the dwelling. Any alteration of a legal nonconforming dwelling must, to the extent possible, be in compliance with all setback and other building requirements. Any expansion of a lawful, nonconforming dwelling, including construction of additional stories, shall be treated as a variance under R 281.60. Construction of a new legal nonconforming accessory building or expansion of the ground floor area of an existing legal nonconforming accessory building is considered to be an expansion of the ground floor area of an associated legal nonconforming single-family dwelling or short-term rental facility.

(b) Expansion of a legal nonconforming single-family dwelling or short-term rental facility may be permitted by the zoning administrator as a minor variance if any of the following apply:

(i) Part or all of the expansion is located within the natural vegetation strip, expansion of the dwelling is landward of the existing structure, the expansion is not more than a 50% increase in ground floor area cumulative from the date of nonconformance, the height of the expansion is not greater than the height of the original dwelling and the expansion is not located in a wetland or the 100-year floodplain.

(ii) All of the expansion is located landward of the natural vegetation strip, expansion of the dwelling is not closer to the river than the closest point of the existing dwelling’s foundation, the expansion is not more than a 50% increase in ground floor area (or 75% if the variance is not more than a 25% reduction in the building setback standard) cumulative from the date of nonconformance, the height of the expansion is not greater than the height of the original dwelling and the expansion is not located in a wetland or the 100-year floodplain.

(iii) All of the expansion is in compliance with the minimum building setback standard, the expansion is not more than a 100% increase in the enclosed ground floor area of the dwelling cumulative from the date of nonconformance and the expansion is not located in a wetland or the 100-year floodplain.

(c) Any legal nonconforming structure, other than a dam, destroyed by any means except willful destruction by the property owner or his or her agent, to an extent that is more than 50% of its current appraised value, restoration of the structure shall be treated as a variance. The zoning review board or zoning administrator shall appoint a qualified individual to determine whether the structure has been destroyed to an extent that is more than 50% of its current appraised value. Restoration of the structure may be permitted by the zoning administrator, as a minor variance if all of the following conditions exist:

(i) The structure is not located within a floodplain or wetland.

(ii) The presence of the nonconforming structure will not lead to accelerated bank erosion or other material degradation of the river.

(iii) The restored structure has the identical exterior dimensions, configuration, and maximum height of the destroyed structure.

(iv) Application for permit to restore a damaged structure is made within 12 months of the date of damage. An extension may be granted if the property is held in probate, an insurance settlement related to the damage is in dispute, or a criminal investigation related to the damage is in progress.

(v) A structure restored under the provisions of this rule shall be considered a nonconforming structure.

(vi) If any of the provisions of this rule cannot be met, restoration of a destroyed nonconforming structure shall require a variance as provided in R 281.60.

(d) If a legal nonconforming structure has deteriorated or is willfully destroyed by the property owner or owner’s agent to an extent that restoration costs are more than 50% of its current appraised value, the property owner shall meet all development standards in these rules to the greatest extent possible when constructing any replacement structure and shall require a variance as provided in R 281.60. The zoning review board or zoning administrator shall appoint a qualified individual to determine whether the structure has been destroyed to an extent that is more than 50% of its current appraised value.

(e) If a variance is granted for a new single-family dwelling or short-term rental facility to replace a single-family dwelling or short-term rental facility that has been destroyed to an extent that is more than 50% of its current appraised value, a variance to construct a larger replacement structure shall be considered to be the same as a variance to expand the original structure for the purposes of determining maximum expansion of the original nonconforming structure.

(f) A variance shall not be granted for a new nonconforming structure to replace a destroyed nonconforming structure that would result in the new structure being more nonconforming than the destroyed structure, such as moving the structure closer to the ordinary high-water mark or increasing the height above the maximum height standard.

(g) The nonconforming structure shall not be moved, in whole or in part, to any other portion of the lot or parcel that is occupied by the structure on the effective date of these rules or amendment of these rules, unless the move would result in a greater degree of conformity with these rules. Moving a legal nonconforming structure requires a zoning permit and may require a variance.

(h) Reconstruction of a dam that is breached or destroyed by more then 50% of its replacement costs requires a land use variance. If a variance is approved, reconstruction of the dam shall be subject to all of the following provisions:

(i) Reconstruction of a dam shall comply with applicable regulations and standards in effect at the time of application for replacement.

(ii) Application for reconstruction of a dam shall be received within 1 year of destruction.

(iii) A reconstructed dam shall be built at the same location as the original dam and with a height not greater than the original dam height.

(iv) A bottom discharge and fish passage facility shall be provided for a reconstructed dam where appropriate.

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 281.60 Variance and variance hearings {#sec-r-281.60 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.60}

Rule 10. (1) A dimensional variance from any standard established in these rules may be granted by the zoning review board after a public hearing or, by the zoning administrator as provided in these rules, to allow a modification from a standard that establishes an area, yard, height, floor space, frontage, setback, or similar numerical restriction, but only after evidence establishes that a practical difficulty exists in complying with these rules.

A variance shall be granted only when it is consistent with the general purposes and intent of these rules. Work authorized by the variance shall not commence until a permit is issued by the zoning administrator.

(2) The zoning review board or zoning administrator shall consider the following factors to determine if a practical difficulty exists in order to comply with these rules as specified in subrule (1) of this rule:

(a) A condition exists on the property that prevents the development standards from being met.

(b) The practical difficulty cannot be overcome by some reasonable method other than a variance.

(c) If the practical difficulty cannot be overcome by some reasonable method other than a variance, the variance shall meet the standards to the greatest extent possible.

(d) The variance will not cause a substantial change in the character of the area.

(e) In view of the manner in which the practical difficulty arose, the interests of justice will be served by allowing the variance.

(f) The practical difficulty is due to circumstances which are unique to the subject property and not self created.

(g) The variance shall not result in an adverse effect on the environment.

(3) The public hearing and review of a variance request by the zoning review board may be waived for a minor dimensional variance for a principal use. Such a variance application shall be processed by the zoning administrator, who shall consider the factors of subrule (2) of this rule in making a determination. The zoning administrator shall prepare a written finding of fact that details the reasons for approval or denial of the minor variance request. A minor variance is defined as a reduction in setback for a principal use on any lawful lot that is not more than 25% of the normal dimensional requirements, a certain variance to expand a legal nonconforming dwelling or restore a destroyed legal nonconforming structure as described in R 281.59 and a setback variance for a single-family dwelling and short-term rental facility, as described in R 281.57.

(4) A land use variance is a land or building use in contravention of any of the use requirements of these rules. The zoning review board may, after a public hearing, grant a land use variance upon a finding of unnecessary hardship, which may be found upon evidence being submitted that all of the following factors exist:

(a) The property cannot be used as zoned.

(b) The unnecessary hardship results from the application of these rules to the subject property.

(c) The unnecessary hardship is suffered by the subject property only and not shared by other property owners.

(d) The unnecessary hardship is not self created.

(5) Upon determining that an unnecessary hardship for a land use variance exists, the zoning review board shall determine that the proposed use meets all of the following:

(a) The proposed use shall be in accordance with the natural river plan.

(b) The proposed use will be designed, constructed, operated, and maintained consistent with the existing or intended character of the natural river district and the proposed use will not change the character of the natural river district.

(c) The proposed use will not involve activities, processes, materials, equipment, and conditions of operation that may be detrimental to any person, property, or the environmental quality of the natural river district, such as excessive noise, smoke, fumes, glare, odors, or outdoor storage of materials.

(d) The proposed use will be consistent with the intent and purpose of these rules.

(e) The proposed use or a structure to be used will not cause an overcrowding of the land or an undue concentration of population that may result in degradation to the natural river district.

(f) The proposed use lot area is sufficient, appropriate, and adequate for the proposed use and the reasonable anticipated operation and expansion thereof.

(6) The economic return factor shall be considered only if the applicant has been deprived of all beneficial use of subject property under existing zoning. In determining whether reasonable use may be made of the property as zoned, a reasonable economic return may be considered, but only if the applicant is in compliance with the provisions of subrules (1) to (5) of this rule.

(7) Upon receipt of a variance application, the zoning review board shall conduct a public hearing on the variance application, except in the case of a minor variance application. The application, public hearing, and notice procedure shall follow the procedures in R 281.55. The zoning review board shall record all its proceedings, which shall include minutes of meetings, findings, and actions taken, including the final order.

Reasons for the decision shall be in writing. The zoning review board shall record the vote of each member on each question. The zoning review board shall record if a member is absent or fails to vote. All records shall be open for public inspection. The concurring vote of at least a majority of the eligible voting members of the zoning review board is required to grant a dimensional variance. The concurring vote of at least a two-thirds majority of the eligible voting members of the zoning review board is required to grant a land use. If the required concurring vote for approval of a variance is not achieved, the variance is denied.

(8) A variance shall create a nonconforming land use, lot, or structure that is subject to R 281.59.

(9) The zoning review board or the zoning administrator may impose permit conditions, in writing, before granting a variance. The zoning permit issued for the variance is not valid until the applicant accepts the conditions in writing.

(10) An application for a variance denied by the zoning review board or zoning administrator shall not be resubmitted for consideration unless significantly different in scope or new and significant facts and conditions exist from the previously denied application.

Editor's Note: An obvious error in R 281.60 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2013 MR 18. The memorandum requesting the correction was published in Michigan Register, 2013 MR 19.

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 281.61 Zoning administrator; zoning review board; appointment; duties {#sec-r-281.61 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.61}

Rule 11. (1) The zoning administrator shall do all of the following:

(a) Provide necessary forms and applications and receive and process forms and applications.

(b) Issue a certificate of zoning compliance.

(c) Conduct site inspection to ensure compliance with these rules.

(d) Pursue resolution of a violation of these rules.

(e) Issue any authorized permit and certificate of zoning compliance.

(f) Identify and record information relative to any nonconformity.

(g) Maintain files of applications, permits, and other relevant documents.

(h) Schedule meetings and hearings for, and provide assistance to, the zoning review board.

(i) Act upon a minor variance as permitted by R 281.60.

(j) Act upon a request for expansion or reconstruction of a non-conforming structure as permitted by R 281.59.

(2) In establishing the zoning review board, the department shall cooperate with and seek the advice of all of the following affected entities:

(a) Townships and counties.

(b) Conservation districts.

(c) Property owners' associations.

(d) Other interested local organizations and citizens.

(3) The department shall request that each affected township appoint to the zoning review board 1 member and 1 alternate member to represent township interests on matters within its jurisdiction.

(4) The department shall request that each affected county appoint to the zoning review board 2 members, 1 of which shall be a county official who works in planning, zoning, public health, soil erosion and sedimentation control, or a related field, and 2 alternate members, to represent its interests on matters within its jurisdiction.

(5) The department shall request that each affected conservation district appoint to the zoning review board 1 member and 1 alternate member to represent its interests on matters within its jurisdiction.

(6) County, township, and conservation district representatives appointed to the zoning review board shall vote only on those matters within their respective jurisdictions. If affected townships, counties, or conservation districts do not appoint a member to the zoning review board within 60 days from the written request by the department, the department may appoint a member.

(7) The department shall appoint 1 department representative and 1 alternate who shall vote on all matters before the zoning review board.

(8) The department shall appoint 2 citizen representatives and 1 alternate who shall vote on all matters before the zoning review board.

(9) A member appointed as an alternate may be called to sit as a regular member in the absence of a regular member. An alternate member may also be called to serve in place of a regular member for the purpose of reaching a decision on a case in which the regular member has abstained for reason of conflict of interest. An alternate member shall serve in the case until a final decision has been made. An alternate member shall have the same voting rights as a regular member of the zoning review board.

(10) The zoning review board shall hold at least 1 meeting annually for such purposes as adopting or amending rules of procedure, establishing officers, educational purposes, or to conduct any manner of business as provided for by these rules.

(11) The zoning review board shall do all of the following:

(a) Adopt rules of procedure that govern the transaction of its business.

(b) Act upon requests for special use permits.

(c) Act upon certain dimensional and land use variances pursuant to R 281.60.

(d) Act upon requests for expansion or reconstruction of non-conforming structures as permitted by R 281.59.

(e) Interpret the official zoning map pursuant to R 281.63.

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 281.62 Boundaries and permitted use; precedence of local zoning ordinance over rules; local government reporting {#sec-r-281.62 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.62}

Rule 12. (1) The department may make amendments and supplements to boundaries and to permitted uses requested by a local unit of government or by a landowner following an administrative hearing held pursuant to the administrative procedures act, 1969 PA 306, MCL 24.271 to 24.287, if implementation of the amendment, or supplement does not contravene the purposes of these rules pursuant to R 281.52.

(2) A copy of any amendment or supplement to boundary shall be sent to all of the following affected entities:

(a) County register of deeds.

(b) Township and county clerks.

(c) Local building code department.

(d) Local soil erosion and sedimentation control enforcement agency.

(e) Conservation district.

(f) County drain commissioner.

(g) Zoning review board members.

(3) A local zoning ordinance that meets all of the requirements of natural rivers, part 305, 1994 PA 451, MCL 324.30501 to 324. 30515 and the Michigan zoning enabling act, 2006 PA 110, MCL 125.3101 to 125.3702, may take precedence over these rules. If a local zoning ordinance does not meet all of the requirements of natural rivers, part 305, 1994 PA 451, MCL 324.30501 to 324.30515 or if the local ordinance becomes inapplicable to the land area encompassed by the natural river district through court action or for any other reason, these rules apply. Upon request, the department shall assist a local unit of government in developing an ordinance that meets the requirements of natural rivers part 305, 1994 PA 451, MCL 324.30501 to 324.30515. The department shall determine if a local ordinance meets all of the requirements of natural rivers, part 305, 1994 PA 451, MCL 324.30501 to 324.30515 and shall notify the local unit of government of that determination in writing. If the department withdraws approval of a local zoning ordinance, these rules shall apply.

(4) A local unit of government administering a local zoning ordinance approved by the department shall comply with the following:

(a) A copy of all special use and variance applications received by the local unit of government shall be provided to the state natural rivers zoning administrator not less than 15 days before the application will be considered by the zoning board of appeals or planning commission. A copy of the local zoning administrator’s decision for a minor variance application, with permit and approved site plan, if applicable, shall be sent to the state natural rivers zoning administrator.

(b) Each local unit of government shall provide an annual report, in writing, to the state natural rivers zoning administrator by March 1 of each year for the preceding year natural rivers zoning activity. The annual report shall include, at minimum, all of the following information:

(i) Total number of natural river district land use/zoning permit applications submitted to the local unit of government during the calendar year.

(ii) Total number of natural river district variance applications received during the calendar year.

(iii) Total number of natural river district special use applications received during the calendar year.

(iv) Summary of all decisions made by the zoning board of appeals or planning commission on applications for projects in the natural rivers district during the calendar year.

(v) Summary of all outstanding violations of natural rivers standards and the actions taken by the local unit of government to gain compliance at the site during the calendar year.

(5) If the local zoning ordinance no longer meets the requirements of natural rivers part 305, 1994 PA 451, MCL 324.30501 to 324.301515 or the department determines the local unit of government has failed to administer the natural river ordinance or has failed to meet the requirements of subrule (4), then these rules apply and the department shall notify the local unit of government of that determination in writing.

History

• History: 2013 AACS.

Mich. Admin. Code R 281.63 Interpretation of boundaries; filing of zoning map {#sec-r-281.63 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.63}

Rule 13. (1) If uncertainty exists with respect to the boundaries of the district as shown on the zoning map and as described in these rules, the zoning administrator shall interpret the district boundaries.

(2) If a district boundary of a designated stream begins or ends at a culvert, bridge, dam or other structure, the district boundary shall include the structure and any right-of-way associated with the structure.

(3) The department shall record a certified copy of the natural river zoning map with all of the following affected entities:

(a) State tax commission.

(b) Local tax assessing officer.

(c) Township and county clerks.

(d) County drain commissioner.

(e) Local building code department.

History

• History: 2013 AACS.

Mich. Admin. Code R 281.64 Compliance; violation; remedy {#sec-r-281.64 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.64}

Rule 14. (1) A structure or land shall not be used or occupied, and a structure or part thereof shall not be erected, constructed, reconstructed, moved, or altered, unless the structure or land is in compliance with these rules. The department shall not waive any right or remedy against any person who violates these rules if the violation was committed in reliance on an authorization erroneously given in violation of any provision of these rules. Any authorized permit, variance, or action that is contrary to these rules is invalid from the date of the authorization.

(2) A permit or variance shall not be issued by the department for any structure or use on a parcel of land upon which an unresolved violation of any of these rules exist.

(3) In addition to any other remedy, the department may initiate appropriate action or proceeding to prevent, correct, or abate any rule violation or any threatened violation.

History

• History: 2013 AACS.

Mich. Admin. Code R 281.65 Appeal {#sec-r-281.65 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.65}

Rule 15. An aggrieved party may appeal the decision of the zoning administrator or zoning review board and shall be granted an administrative hearing if a petition is filed with the department within 60 days after notice of decision. The administrative hearing shall be conducted pursuant to the administrative procedures act, 1969 PA 306, MCL 24.271 to 24.287.

History

• History: 2013 AACS.

Mich. Admin. Code R 281.66 Severability {#sec-r-281.66 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.66}

Rule 16. If the provisions of these rules are declared by a court to be unconstitutional or invalid, such ruling shall not affect the validity of the remaining provisions of these rules and the provisions of these rules shall be severable.

History

• History: 2013 AACS.

Mich. Admin. Code R 281.70 Jordan river system boundaries, effective date {#sec-r-281.70 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.70}

Rule 20. (1) The boundaries of the Jordan river natural river district shall be as described in these rules and as depicted on the certified Jordan river natural river zoning map with an effective date of September 25, 1974. The Jordan river natural river zoning district comprises an area which is described as follows:

(a) The mainstream of the Jordan river from the west line of section 22, T31N, R5W to Roger's bridge in section 35, T32N, R7W.

(b) Bennett creek from the outfall of Mud lake in section 15, T31N, R7W to its confluence with the Jordan river.

(c) Todd creek from Carson road from the west line of section 31, T32N, R6W to its confluence with the Jordan river.

(d) Bartholemew creek from its source in section 14, T31N, R7W to its confluence with the Jordan river.

(e) Severance creek from its source in section 5, T31N, R6W to its confluence with the Jordan river.

(f) Webster creek from its source in section 8, T31N, R6W to its confluence with the Jordan river.

(g) Lilak creek from its source in section 13, T31N, R7W to its confluence with the Jordan river.

(h) Martin creek from its source in section 19, T31N, R6W to its confluence with the Jordan river.

(i) Balster-Mill creek from its source in section 15, T31N, R6W to its confluence with the Jordan river.

(j) Unnamed stream from its source in section 21, T31N, R6W to its confluence with Balster-Mill creek.

(k) Sutton creek from the Old state road crossing in section 22, T31N, R6W to its confluence with the Jordan river.

(l) Cokirs creek from its source in section 24, T31N, R7W to its confluence with the Jordan river.

(m) Scotts creek from its sources in section 28, T31N, R6W to its confluence with the Jordan river.

(n) Tutstone creek from its source in section 33, T31N, R6W to its confluence with the Jordan river.

(o) Unnamed stream from its source in section 33, T31N, R6W to its confluence with the Jordan river.

(p) Green river from its source in section 27, T30N, R6W to its confluence with the Jordan river.

(q) Stevens creek from its source in section 16, T30N, R6W to its confluence with the Jordan river.

(r) Unnamed stream from its source in section 35, T31N, R6W to its confluence with the Jordan river.

(s) Landslide creek from its source in section 14, T30N, R6W to its confluence with the Jordan river.

(t) Cascade creek from Alba road in section 22 T30N, R6W to its confluence with Landslide creek.

(u) Section 13 creek from its source in section 13, T30N, R6W to its confluence with the Jordan river.

(v) Six tile creek from its source in section 6, T30N, R5W to its confluence with the Jordan river.

(w) All lakes, ponds, impoundments or other surface water bodies not traditionally considered rivers, streams or creeks if they are a contiguous part of the stream segments listed in subdivisions (a) to (v) of this subrule.

(x) The lands lying within 400 feet of the river's edge as described in subdivisions (a) to (w) of this subrule.

History

• History: 2013 AACS.

Mich. Admin. Code R 281.71 Jordan River system principal use; natural vegetation strip {#sec-r-281.71 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.71}

Rule 21. (1) A principal use is allowed by right, but requires the issuance of a zoning permit by the zoning administrator. A principal use includes all of the following:

(a) A single-family dwelling or short-term rental facility, including accessory buildings and appurtenances, with the following provisions:

(i) The minimum building setback shall be not less than 200 feet from the ordinary highwater mark on the mainstream and not less than 100 feet on all designated tributaries, except as described in R 281.57.

(ii) Building shall not take place on land that is subject to flooding or in any wetland area.

(iii) The natural contour of the face and crest of a bluff shall not be altered.

(iv) The land between the crest of a bluff and the minimum building setback line shall not be altered except for minor landscaping activities.

(b) Accessory buildings and appurtenances that meet the setback and other development requirements of subdivision (a) of this subrule.

(c) One private boat dock per parcel, unless otherwise provided for in these rules, subject to R 281.57.

(d) One private river access stairway per parcel, subject to R 281.57.

(e) Utility lines to service a single-family dwelling or short-term rental facility.

(f) A disposal field, septic tank, and outhouse, with all the following provisions:

(i) A septic tank and disposal field meet local health department standards.

(ii) A disposal field shall not be located less than 200 feet from the ordinary high-water mark on the mainstream and 100 feet from the ordinary high-water mark on all designated tributaries and not less than 100 feet from any surface or subsurface drain that discharges into the Jordan river or its designated tributaries, and not located within the 100-year floodplain, a wetland area, or the natural vegetation strip.

(iii) A septic tank shall not be closer to the river than the dwelling it serves and not located within a wetland area.

(iv) An outhouse constructed using a watertight waste containment system that allows waste to be pumped and hauled to an appropriate disposal site, shall not be located less than 100 feet from the ordinary high-water mark and any surface or subsurface drain that discharges into the Jordan river or its designated tributaries, and not located within the 100-year floodplain, a wetland area, or the natural vegetation strip.

(v) Drywells and earth privies are prohibited unless authorized by the local health department, are a minimum of 100 feet from the ordinary high-water mark, and the bottom of the pit or seepage bed is at least 4 feet above the seasonal high groundwater table.

(vi) An alternative on-site treatment system that results in a higher level of treatment than a conventional system may be located not less than 50 feet from the river’s edge on designated tributaries, provided no part of the system is in a wetland or the 100-year floodplain.

(vii) Disposal of sludge from any wastewater treatment system is prohibited in the natural river district.

(g) Mining and extracting industries, if all land disturbances, structures, and other activities related to the industry are located more than 300 feet from the ordinary highwater mark.

(h) A land division, if any lot created after September 25, 1974, with the following provisions:

(i) Is accessible by a public road or legal easement on at least 1 side of the stream.

(ii) Has at least 150 feet of river frontage, unless a riverfront “common area” subject to a conservation easement is established, or a parcel does not have river frontage, in which case this dimension shall be measured at the point of the parcel closest to the river and is at least 150 feet wide at the minimum building setback line.

(iii) Contains at least 50,000 square feet of area within the natural river district. Any “common area” created or any bottomlands shall not be used in any calculations related to minimum parcel area. If a parcel does not have river frontage and the front line of the parcel is greater than 150 feet from the river’s edge at all points, this subdivision does not apply, and the minimum parcel width will be measured at the front lot line.

(iv) Has sufficient depth and upland area to accommodate the required building setbacks pursuant to this rule.

(v) A lot that exists on September 25, 1974, shall not be subdivided or reduced in dimension or area below the minimum requirements of this rule. Any lot created after September 25, 1974, shall meet the minimum requirements of this rule, except as provided in R 281.56.

(i) Home occupations and home-based occupations, subject to the provisions of R 281.57.

(j) Land alteration, subject to R 281.57.

(k) Bridges, subject to Rule 281.58.

(l) Forest management activities within the natural vegetation strip, subject to R 281.57.

(m) A boardwalk that meets the minimum building setback requirements in this subdivision and a boardwalk associated with a footpath to the river’s edge, subject to R 281.57.

(n) Bank stabilization and fisheries habitat improvement activities, subject to R 281.57.

(2) Within the Jordan river natural river district, a natural vegetation strip that includes the river and all lands within 100 feet of the ordinary high-water mark shall be maintained on each side of the Jordan river mainstream. A restrictive cutting belt that includes the river and all lands within 25 feet of the ordinary high-water mark shall be maintained on each side of all designated tributaries. Cutting in the natural vegetation strip is subject to R 281.57.

History

• History: 2013 AACS.

Mich. Admin. Code R 281.80 Betsie river system boundaries {#sec-r-281.80 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.80}

Rule 30. The boundaries of the Betsie river natural river district shall be as described in these rules and as depicted on the certified Betsie river natural river zoning map with an effective date of June 11, 1977. The Betsie river natural river zoning district comprises an area described as follows:

(a) The Betsie river from Grass lake dam in section 2, T25N, R13W to its mouth at Betsie lake in section 35, T26N, R16W.

(b) The Little Betsie river from its source in section 24, T25N, R13W, in Benzie county to its confluence with the Betsie river.

(c) Dair creek from its source in section 15, T25N, R14W, in Benzie county to its confluence with the Betsie river.

(d) All lakes, ponds, impoundments, or other surface water bodies not traditionally considered rivers, streams, or creeks if they are a contiguous part of the stream segments listed in subdivisions (a) to (c) of this rule.

(e) The lands lying within 400 feet of the river's edge described in subdivisions (a) to (d) of this rule.

History

• History: 2013 AACS.

Mich. Admin. Code R 281.81 Betsie river system principal uses; natural vegetation strip {#sec-r-281.81 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.81}

Rule 51. (1) A principal use is allowed by right, but requires the issuance of a zoning permit by the zoning administrator. A principal use includes all of the following:

(a) A single-family dwelling or short-term rental facility with the following provisions:

(i) The minimum building setback shall be not less than 200 feet from the ordinary highwater mark on the mainstream and 100 feet on the Little Betsie river and Dair creek, except as described in R 281.57.

(ii) On the mainstream, the setback may be decreased 5 feet for every 1 foot of rise in bank height above 5 feet above the ordinary high-water mark, to a minimum of 150 feet from the ordinary high-water mark.

(iii) A dwelling shall be set back not less than 25 feet from the top of a bluff on the noncutting edge of a stream and not less than 50 feet from the top of a bluff on the cutting edge of a stream.

(iv) Building shall not take place on land that is subject to flooding or in any wetland area.

(v) The natural contour of the face and crest of the bluff shall not be altered.

(vi) The land between the crest of the bluff and the minimum building setback line shall not be altered except for minor landscaping activities.

(b) Accessory buildings and appurtenances that meet the setback and other development requirements of subdivision (a) of this subrule.

(c) One private boat dock per parcel, unless otherwise provided for in these rules, subject to R 281.57.

(d) One private river access stairway per parcel, subject to the provisions of R 281.57.

(e) Utility lines to service a single-family dwelling or short-term rental facility.

(f) A disposal field, septic tank, and outhouse, with all of the following provisions:

(i) A septic tank and disposal field meet local health department standards.

(ii) A disposal field located not less than 150 feet from the ordinary high-water mark and not less than 100 feet from any surface or subsurface drain that discharges into the Betsie river or its designated tributaries, and not located within the 100-year floodplain, a wetland area, or the natural vegetation strip.

(iii) A septic tank shall not be closer to the river than the dwelling it serves and not located within a wetland area.

(iv) An outhouse constructed using a watertight waste containment system that allows waste to be pumped and hauled to an appropriate disposal site, shall be located not less than 100 feet from the ordinary high-water mark and any surface or subsurface drain that discharges into the Betsie river or its designated tributaries, and not located within the 100-year floodplain, a wetland area, or the natural vegetation strip.

(v) Drywells and earth privies are not permitted unless authorized by the local health department, are a minimum of 100 feet from the ordinary high-water mark, and the bottom of the pit or seepage bed is at least 4 feet above the seasonal high groundwater table.

(vi) An alternative on-site treatment system that results in a higher level of treatment than a conventional system may be located not less than 50 feet from the river’s edge on designated tributaries provided no part of the system is in a wetland or the 100-year floodplain.

(vii) Disposal of sludge from any wastewater treatment system is prohibited in the natural river district.

(g) Mining and extracting industries, if all land disturbances, structures, and other activities related to the industry are located more than 300 feet from the ordinary highwater mark.

(h) A land division, if any lot created after June 11, 1977, with all the following provisions:

(i) Is accessible by a public road or legal easement t on at least 1 side of the stream.

(ii) Has at least 200 feet of river frontage, unless a riverfront “common area” subject to a conservation easement is established, or a parcel does not have river frontage, in which case this dimension shall be measured at the point of the parcel closest to the river, and is at least 200 feet wide at the minimum building setback line.

(iii) Contains at least 50,000 square feet of area within the natural river district. Any “common area” created or any bottomlands shall not be used in any calculations related to minimum parcel area. If a parcel does not have river frontage and the front line of the parcel is greater than 150 feet from the river’s edge at all points, this subdivision does not apply, and the minimum parcel width will be measured at the front lot line.

(iv) Has sufficient depth and upland area to accommodate the required building setbacks under this rule.

(v) A lot that exists on June 11, 1977, shall not be subdivided or reduced in dimension or area below the minimum requirements of this rule. Lots that are created after June 11, 1977, shall meet the minimum requirements of this rule, except as provided in R 281.56.

(i) Home occupations and home-based occupations, subject to R 281.57.

(j) Land alteration, subject to R 281.57.

(k) Bridges, subject to R 281.58.

(l) Forest management activities within the natural vegetation strip, subject to R 281.57.

(m) A boardwalk that meets the minimum building setback requirements in this subdivision and a boardwalk associated with a footpath to the river’s edge, subject to R 281.57.

(n) Bank stabilization and fisheries habitat improvement activities, subject to R 281.57.

(2) Within the Betsie river natural river district, a natural vegetation strip that includes the river and all lands within 50 feet of the ordinary high-water mark shall be maintained on each side of the Betsie river mainstream and all designated tributaries. Cutting in the natural vegetation strip is subject to R 281.57.

History

• History: 2013 AACS.

Mich. Admin. Code R 281.90 White river system boundaries {#sec-r-281.90 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.90}

Rule 40. The boundaries of the White river natural river district shall be as described in these rules and as depicted on the certified White river natural river zoning map with an effective date of May 5, 1979. The White river natural river zoning district comprises an area which is described as follows:

(a) The mainstream of the White river from 8-mile road, in section 21, T15N, R12W, downstream to US-31 in section 22, T12N, R17W, excluding the following: from the north city limit of White Cloud down to old M-20 west of the city, from the east city limit of Hesperia down to the west city limit and those portions within the city limits of Whitehall and Montague.

(b) Mullen creek from 6-Mile road in section 34, T15N, R12W to its confluence with the White river.

(c) Five Mile creek from Pine avenue in section 18, T14N, R11W to its confluence with the White river.

(d) Flinton creek from Pine avenue in section 31, T14N, R11W to its confluence with the White river.

(e) Wrights creek from Comstock road in section 33, T14N, R14W to its confluence with the White river.

(f) Mena creek from Minnie lake dam in section 5, T14N, R13W to its confluence with the White river.

(g) Martin creek from Warner avenue in section 2, T14N, R13W, to its confluence with the White river.

(h) East Branch Heald creek from Croswell road in section 32, T15N, R13W to its confluence with Martin creek.

(i) Braton creek from Wilkie road in section 24, T13N, R15W to its confluence with the White river.

(j) Cushman creek from 192nd avenue in section 26, T13N, R15W to its confluence with the White river.

(k) Skeels creek from 192nd avenue (Holton Duck Lake road) in section 11 T12N, R15W to its confluence with the White river.

(l) North Branch White river from 198th avenue in section 11, T14N, R15W to its confluence with the White river.

(m) Robinson creek from Woodrow road in section 12, T14N, R17W to its confluence with the North Branch.

(n) Swinton and Osborn (Cobmoosa) creek from Filmore road in section 26, T15N, R16W to its confluence with the North Branch.

(o) Newman creek from 132nd avenue in section 4, T13N, R16W to its confluence with the North Branch.

(p) Knutson creek from Garfield road in section 32, T14N, R15W downstream to its confluence with the North Branch.

(q) Sand creek from outlet of Dressler lake in section 1, T13N, R17W to its confluence with the White river.

(r) Carlton creek from Arthur road in section 4, T13N, R17W to its confluence with the White river.

(s) Mud creek from outlet of Heitman lake in section 24, T13N, R17W to its confluence with Carlton creek.

(t) Carleton (Landford) creek from Walsh road in section 10, T12N, R17W to its confluence with the White river.

(u) Silver creek from Silver creek road in section 14, T12N, R17W to its confluence with the White river.

(v) Cleveland creek from Russell road in section 16 T12N, 16W to its confluence with the White river.

(w) All lakes, ponds, impoundments or other surface water bodies not traditionally considered rivers, streams or creeks if they are a contiguous part of the stream segments listed in subdivisions (a) to (v) of this rule (x) The lands lying within 400 feet of the river's edge as described in subdivisions (a) to (w) of this rule.

History

• History: 2013 AACS.

Mich. Admin. Code R 281.91 White river system principal uses; natural vegetation strip {#sec-r-281.91 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.91}

Rule 41. (1) A principal use is allowed by right, but requires the issuance of a zoning permit by the zoning administrator. A principal use includes all of the following:

(a) A single-family dwelling or short-term rental facility with all the following provisions:

(i) The minimum building setback shall be not less than 150 feet from the ordinary highwater mark on the mainstream from 8-mile road in the northwest corner of section 28, T15N, R12W to Lutes bridge (Baldwin road), T14N, R13W and from Podunk bridge between sections 9 and 10, T13N, R15W to US 31 in Muskegon county except as described in R 281.57.

(ii) The setback may be decreased 5 feet for every 1 foot of rise in bank height above 7 feet above the ordinary high-water mark, to a minimum of 100 feet from the ordinary high-water mark.

(iii) The minimum building setback shall be not less than 100 feet from the ordinary high-water mark on the mainstream from Lutes bridge (Baldwin road) to Podunk bridge and on all designated tributaries.

(iv) The setback may be decreased 5 feet for every 1 foot of rise in bank height above 7 feet above the ordinary high-water mark, to a minimum of 75 feet from the ordinary highwater mark.

(v) A dwelling shall be set back not less than 25 feet from the top of a bluff on the noncutting edge of a stream and not less than 50 feet from the top of a bluff on the cutting edge of a stream.

(vi) Building shall not take place on land that is subject to flooding or in any wetland area.

(vii) The natural contour of the face and crest of the bluff shall not be altered.

(viii) The land between the crest of the bluff and the minimum building setback line shall not be altered except for minor landscaping activities.

(b) Accessory buildings and appurtenances that meet the setback and other development requirements of subdivision (a) of this subrule.

(c) One private boat dock per parcel, unless otherwise provided for in these rules, subject to R 281.57.

(d) One private river access stairway per parcel, subject to R 281.57.

(e) Utility lines to service a single-family dwelling or short-term rental facility.

(f) A disposal field, septic tank, and outhouse, with all the following provisions:

(i) A septic tank and disposal field meet local health department standards.

(ii) A disposal field located not less than 100 feet from the ordinary high-water mark and not less than 50 feet from any surface or subsurface drain that discharges into the White river or its designated tributaries, and not located within the 100-year floodplain, a wetland area, or the natural vegetation strip.

(iii) A septic tank shall not be closer to the river than the dwelling it serves and shall not be located within a wetland area.

(iv) An outhouse constructed using a watertight waste containment system that allows waste to be pumped and hauled to an appropriate disposal site, located not less than 100 feet from the ordinary high-water mark and any surface or subsurface drain that discharges into the White river or its designated tributaries, and not located within the 100-year floodplain, a wetland area, or the natural vegetation strip.

(v) Drywells and earth privies are not permitted unless authorized by the local health department, are a minimum of 100 feet from the ordinary high-water mark, and the bottom of the pit or seepage bed is at least 4 feet above the seasonal high groundwater table.

(vi) An alternative on-site treatment system that results in a higher level of treatment than a conventional system may be located not less than 50 feet from the river’s edge on designated tributaries provided no part of the system is in a wetland or the 100-year floodplain.

(vii) Disposal of sludge from any wastewater treatment system is prohibited in the natural river district.

(g) Mining and extracting industries, if all land disturbances, structures, and other activities related to the industry are located more than 300 feet from the ordinary highwater mark.

(h) A land division, if any lot created after May 5, 1979, with all the following provisions:

(i) Is accessible by a public road or legal easement on at least 1 side of the stream.

(ii) Has at least 200 feet of river frontage, unless a riverfront “common area” subject to a conservation easement is established, or a parcel does not have river frontage, in which case this dimension shall be measured at the point of the parcel closest to the river, and is at least 200 feet wide at the minimum building setback line.

(iii) Contains at least 50,000 square feet of area within the natural river district. Any “common area” created or any bottomlands shall not be used in any calculations related to minimum parcel area. If a parcel does not have river frontage and the front line of the parcel is greater than 150 feet from the river’s edge at all points, this subdivision does not apply, and the minimum parcel width will be measured at the front lot line.

(iv) Has sufficient depth and upland area to accommodate the required building setbacks pursuant to this rule.

(v) A lot that exists on May 5, 1979, shall not be subdivided or reduced in dimension or area below the minimum requirements of this rule. Any lot created after May 5, 1979, shall meet the minimum requirements of this rule, except as provided in R 281.56.

(i) Home occupations and home-based occupations, subject to the provisions of R 281.57.

(j) Land alteration, subject to R 281.57.

(k) Bridges, subject to R 281.58.

(l) Forest management activities within the natural vegetation strip, subject to R 281.57.

(m) A boardwalk that meets the minimum building setback requirements in this subdivision and a boardwalk associated with a footpath to the river’s edge, subject to R 281.57.

(n) Bank stabilization and fisheries habitat improvement activities, subject to R 281.57.

(2) Within the White river natural river district, a natural vegetation strip that includes the river and all lands within 50 feet of the ordinary high-water mark shall be maintained on each side of the White river mainstream and all designated tributaries. Cutting in the natural vegetation strip is subject to R 281.57.

History

• History: 2013 AACS.

Mich. Admin. Code R 281.100 Huron River system boundaries {#sec-r-281.100 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.100}

Rule 50. The boundaries of the Huron river natural river district shall be as described in these rules and as depicted on the certified Huron river natural river zoning map with an effective date of June 2, 1980. The Huron river natural river zoning district comprises an area that is described as follows:

(a) The mainstream of the Huron river from Kent lake dam in section 1, T1N, R6E to the west line of section 32, T1N, R5E excluding Strawberry, Gallagher, Loon, which is also known as Long or Little Gallagher, and the 2 Whitewood lakes; and from John Flook dam in section 1, T1S, R4E to the Scio-Ann Arbor township line in Washtenaw county, excluding the incorporated village of Dexter.

(b) Davis creek, which is also called the Southeast Branch of the Huron river, Livingston county, Green oak township, from the outfall of Sandy Bottom lake in section 27, T1N, R6E to its confluence with the Huron river.

(c) Arms creek, from the confluence of the 2 Branches in section 10, T1S, R5E to its confluence with the Huron river.

(d) Mill creek, from Parker road in section 13, T2S, R4E to the incorporated village limits of Dexter.

(e) Unless specifically exempted in this subdivision, all lakes, ponds, impoundments or other surface water bodies not traditionally considered rivers, streams or creeks if they are a contiguous part of the stream segments listed in subdivisions (a) to (d) of this rule.

(f) The lands lying within 400 feet of the river's edge as described in subdivisions (a) to (e) of this rule.

History

• History: 2013 AACS.

Mich. Admin. Code R 281.101 Huron River system principal uses; natural vegetation strip {#sec-r-281.101 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.101}

Rule 51. (1) A principal use is allowed by right, but requires the issuance of a zoning permit by the zoning administrator. A principal use includes all of the following:

(a) A single-family dwelling or short-term rental facility with all the following provisions:

(i) The minimum building setback shall be not less than 125 feet from the ordinary highwater mark on the mainstream except as described in R 281.57.

(ii) The setback may be decreased 10 feet for every 10 foot of rise in bank height to a minimum of 75 feet from the ordinary high-water mark.

(iii) The minimum building setback on all designated tributaries shall be not less than 50 feet from the ordinary high-water mark.

(iv) A dwelling shall be set back not less than 25 feet from the top of a bluff on the noncutting edge of a stream and not less than 50 feet from the top of a bluff on the cutting edge of a stream.

(v) Building shall not take place on land that is subject to flooding or in any wetland area.

(vi) The natural contour of the face and crest of the bluff shall not be altered.

(vii) The land between the crest of the bluff and the minimum building setback line shall not be altered except for minor landscaping activities.

(b) Accessory buildings and appurtenances that meet the setback and other development requirements of subdivision (a) of this subrule.

(c) One private boat dock per parcel, unless otherwise provided for in these rules, subject to R 281.57.

(d) One private river access stairway per parcel, subject to R 281.57.

(e) Utility lines to service a single-family dwelling or short-term rental facility.

(f) A disposal field, septic tank, and outhouse, with all the following provisions:

(i) A septic tank and disposal field meet local health department standards.

(ii) A disposal field located not less than 125 feet from the ordinary high-water mark and not less than 50 feet from any surface or subsurface drain that discharges into the Huron river or its designated tributaries, and not located within the 100-year floodplain, a wetland area, or the natural vegetation strip.

(iii) A septic tank shall not be closer to the river than the dwelling it serves and shall not be located within a wetland area.

(iv) An outhouse constructed using a watertight waste containment system that allows waste to be pumped and hauled to an appropriate disposal site, shall not be located less than 100 feet from the ordinary high-water mark and any surface or subsurface drain that discharges into the Huron river or its designated tributaries, and not located within the 100-year floodplain, a wetland area, or the natural vegetation strip.

(v) Drywells and earth privies are not permitted unless authorized by the local health department, are a minimum of 100 feet from the ordinary high-water mark, and the bottom of the pit or seepage bed is at least 4 feet above the seasonal high groundwater table.

(vi) An alternative on-site treatment system that results in a higher level of treatment than a conventional system may be located not less than 50 feet from the river’s edge on designated tributaries provided no part of the system is in a wetland or the 100-year floodplain.

(vii) Disposal of sludge from any wastewater treatment system is prohibited in the natural river district.

(g) Mining and extracting industries, if all land disturbances, structures, and other activities related to the industry are located more than 300 feet from the ordinary highwater mark.

(h) A land division, if any lot created after June 2, 1980, with the following provisions:

(i) Is accessible by a public road or legal easement on at least 1 side of the stream.

(ii) Has at least 150 feet of river frontage, unless a riverfront “common area” subject to a conservation easement is established, or a parcel does not have river frontage, in which case this dimension shall be measured at the point of the parcel closest to the river, and is at least 150 feet wide at the minimum building setback line.

(iii) Contain at least 50,000 square feet of area within the natural river district. Any “common area” created or any bottomlands shall not be used in any calculations related to minimum parcel area. If a parcel does not have river frontage and the front line of the parcel is greater than 150 feet from the river’s edge at all points, this subdivision does not apply, and the minimum parcel width will be measured at the front lot line.

(iv) Has sufficient depth and upland area to accommodate the required building setbacks pursuant to this rule.

(v) A lot that exists on June 2, 1980, shall not be subdivided or reduced in dimension or area below the minimum requirements of this rule. Any lot created after June 2, 1980, shall meet the minimum requirements of this rule, except as provided in R 281.56.

(i) Home occupations and home-based occupations, subject to R 281.57.

(j) Land alteration, subject to R 281.57.

(k) Bridges, subject to R 281.58.

(l) Forest management activities within the natural vegetation strip, subject to R 281.57.

(m) A boardwalk that meets the minimum building setback requirements in this subdivision and a boardwalk associated with a footpath to the river’s edge, subject to R 281.57.

(n) Bank stabilization and fisheries habitat improvement activities subject to R 281.57.

(2) Within the Huron river natural river district, a natural vegetation strip that includes the river and all lands within 50 feet of the ordinary high-water mark shall be maintained on each side of the Huron river mainstream and all designated tributaries. Cutting in the natural vegetation strip is subject to R 281.57.

History

• History: 2004 AACS; 2013 AACS.

Mich. Admin. Code R 281.102 Purpose; intent; scope {#sec-r-281.102 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.102}

Rule 2. (1) The director may, on his or her own motion, implement the intent of Natural Rivers Part 305 of 1994 PA 451, and in the absence of local zoning to protect the Pine river, a designated natural river, promulgates these rules for the following purposes:

(a) To promote the public health, safety, and general welfare; to prevent economic and ecological damage due to misuse, unwise development patterns, overcrowding, and overuse within the natural river district; and to preserve the values of the natural river district for the benefit of present and future generations.

(b) To protect the free-flowing condition, fish, aquatic and wildlife resources, water quality, scenic and aesthetic qualities, and historical and recreational values of the Pine river and adjoining land.

(c) To prevent flood damage due to interference with the natural floodplain characteristics by excluding developments which are vulnerable to flood damage and which may reduce the capacity of the floodway of the river to withstand flooding conditions.

(d) To provide for uses that complement the natural characteristics of the natural river system.

(e) To protect individuals from investing funds in structures that are proposed for location on lands that are unsuited for such development because of high groundwater, erosion, or vulnerability to flood damage.

(f) To achieve the goals and objectives of the Pine River natural river plan.

(2) It is the general intent of these rules to define terms used and to regulate and restrict lot coverage and use, population distribution and density, and the size and location of all structures by the delineation of permitted uses and development standards so as to promote the purposes identified in this rule. It is further intended to provide for the administration and enforcement of these rules and to provide penalties for their violation.

(3) It is not the intent of these rules to revoke, annul, cancel, or in any way impair or interfere with existing provisions of law, ordinances, or any rules, regulations, or premises or with any private restrictions placed upon property by covenant or deed.

However, where such provisions of law are less restrictive than the provisions of Natural Rivers Part 305 of 1994 PA 451, and the rules promulgated thereunder, the provisions of Natural Rivers Part 305 of 1994 PA 451 and the rules promulgated thereunder shall apply.

History

• History: 2004 AACS.

Mich. Admin. Code R 281.103 Construction of language; severability {#sec-r-281.103 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.103}

Rule 3. (1) All of the following rules of construction apply to these rules:

(a) A "building" or "structure" includes any part thereof.

(b) The phrase "used for" includes "arranged for," "designed for," "intended for,"

"maintained for," or "occupied for."

(c) The word "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity.

(d) The terms "lot" and "parcel" have the same meaning.

(e) Terms not defined in these rules shall have the meanings customarily assigned to them.

(2) In any case in which the provisions of these rules are declared by the courts to be unconstitutional or invalid, such ruling shall not affect the validity of the remaining provisions of these rules and to this end the provisions of these rules are declared to be severable.

History

• History: 2004 AACS.

Mich. Admin. Code R 281.104 Lot size and area; subdivision of land; home and home-based occupations; native vegetation buffer; signs; docks; height of structures; river access stairways; dams; impervious surfaces {#sec-r-281.104 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.104}

Rule 4. (1) Unless otherwise provided in these rules, a lot created after the effective date of these rules shall meet all of the following standards on at least 1 side of the stream that is accessible by a public road or legal easement:

(a) Have at least 200 feet of river frontage (unless a riverfront "common area" subject to a conservation easement is established, or the parent parcel does not have river frontage, in which case this dimension shall be measured at the point of the parcel closest to the river) and be at least 200 feet wide at the minimum building setback line.

(b) Contain at least 1/2 acre of existing contiguous upland buildable area (non-wetland, non-floodplain) landward of the minimum building setback line.

(c) Contain at least 80,000 square feet of area within the Natural River District (any "common area" created or any bottomlands shall not be used in any calculations related to minimum parcel area). If the parent parcel does not have river frontage, and the front line of any newly created parcel is greater than 150 feet from the river's edge at all points, this rule does not apply, and the minimum parcel width will be measured at the front lot line.

(d) Have sufficient depth to accommodate the required building setbacks pursuant to the standards in R 281.107.

(2) A lot that exists on the effective date of this rule shall not be subdivided or reduced in dimension or area below the minimum requirements of these rules. Lots that are created after the effective date of this rule shall meet the minimum requirements of these rules, except as provided in subrules (3) and (4) of this rule.

(3) Proposed lots which have preliminary plat approval pursuant to 1967 PA 288, MCL 560.101 but which do not meet the dimensional requirements of these rules on their effective date, shall, on final plat approval, be issued a permit subject to the requirements in R 281.109 and R 281.110.

(4) Lots of record which are created before the effective date of these rules and which do not possess sufficient land area or lot width may be used for the purposes described in these rules, subject to the requirements provided for in R 281.109 and R 281.110.

(5) Home occupations and home-based occupations shall conform to all of the following requirements:

(a) The use of the dwelling unit, or related structure, for a home occupation or home-based occupation shall be clearly incidental and subordinate to its use for residential purposes.

(b) Equipment or a process shall not be used in a home occupation or home-based occupation if it creates noise, vibration, fumes, odors, or electrical interference that is detectable to the normal senses off the premises.

(6) Within the natural river district, a native vegetation buffer that includes the river and all lands within 100 feet of the ordinary high watermark shall be maintained on each side of the Pine river mainstream and the North Branch Pine river from its confluence with Spalding Creek to its confluence with the East Branch Pine river. A restrictive cutting belt that includes tributaries and all lands within 50 feet of their ordinary high watermarks shall be maintained on each side of all designated tributaries.

Trees and shrubs may be pruned over not more than a 50-foot width for a filtered view of the river, but clear cutting in the native vegetation buffer is prohibited. The native vegetation buffer is also subject to all of the following provisions:

(a) Unsafe trees and noxious plants and shrubs, such as poison ivy and poison sumac, may be removed.

(b) The selected removal or trimming of trees for forest management practices or disease and insect control, and clearing of vegetation to the minimum width required for public utility primary electric distribution lines and service lines for permitted uses is permitted upon approval of the zoning administrator in consultation with local Conservation District staff, if the activity is in keeping with the goals and objectives of the Natural River Plan.

(c) Camping other than low-impact tent camping is not permitted in the native vegetation buffer.

(d) Mowing is prohibited in the native vegetation buffer except in areas that had been maintained in a mowed condition prior to adoption of these rules or to establish a footpath to the river not to exceed 4 feet wide.

(e) In the Pine river system upstream of the confluence of the North Branch Pine river and the East Branch Pine river and on all tributaries, vegetation in the stream channel may not be disturbed except to alleviate flooding that threatens a dwelling. In the Pine River mainstream downstream of the confluence of the North Branch Pine river and the East Branch Pine river vegetation may be selectively pruned to allow for safe navigation and to alleviate flooding that threatens a dwelling. This may include pruning of a maximum 8-foot wide section of vegetation. Portions of trees, logs, and other natural material imbedded in the stream channel may not be disturbed.

(f) A boardwalk constructed in conjunction with the footpath described in subdivision (d) of this subrule is permitted upon approval of the zoning administrator if it is placed only in areas that are generally too wet to be traversed without significant disturbance of the soils, the boardwalk and supports are constructed of wood, the boardwalk is not more than 3 feet wide and does not include railings, and the top of the boardwalk is not more than 12 inches above grade.

(g) All islands in all stream segments are subject to the native vegetation buffer standards.

(h) A wider native vegetation buffer may be required for certain commercial uses.

(7) Signs for identification, direction, resource information, regulation of use and those related to permitted uses are allowed. Signs for the sale of products or services are prohibited, unless related to a permitted use, located on the site of the permitted use, not located in the native vegetation buffer and not visible from the river. Illuminated signs are prohibited. Signs may be not more than 2 square feet in area. Exceptions include 1 real estate sign not more than 4 square feet outside the native vegetation buffer, and public agencies' signs not larger than 10 square feet, of rustic design and not attached to vegetation. Some public agency signs may need to be larger to warn of impending danger or for interpretative or historic reasons.

(8) Private boat docks shall be in compliance with all of the following requirements:

(a) Docks shall not be more than 48 square feet in area, with not more than 4 feet of the dock extending over the edge of the river.

(b) Docks shall be designed, constructed, and maintained to blend with the natural surroundings. The use of natural, native materials is encouraged.

(c) Unless otherwise provided for in these rules, only 1 dock shall be constructed per lot.

(9) Unless otherwise provided for in these rules, a structure shall not be more than 2 1/2 stories tall, not including a basement, and not more than 35 feet in height measured from the original surface elevation.

(10) Private river access stairways are permitted upon approval of the zoning administrator if in compliance with all of the following requirements:

(a) There is no other safe, feasible access to the river without a stairway.

(b) The stairway is low-profile, not more than 4 feet wide and constructed without stairs being recessed into the ground surface unless site and soil conditions dictate that a recessed stairway is more appropriate.

(c) There are no landings associated with the stairway unless required by building codes, in which case the landings shall be of the minimum number and size required by building codes.

(d) Not more than 1 handrail is associated with the stairway.

(e) Only 1 river access stairway is permitted per parcel.

(f) The stairway is constructed using natural materials and is located and maintained to blend with the natural surroundings.

(11) Construction of new dams is prohibited. Reconstruction of a failed dam is permitted under any of the following conditions:

(a) Reconstruction of a dam destroyed by a catastrophic event such as flood may be reconstructed.

(b) Reconstruction of a dam that failed due to lack of maintenance or other negligence by the owner or operator is prohibited.

(c) Reconstruction of a dam that failed due to a catastrophic event shall comply with construction standards in effect at the time of application for replacement.

(d) Application for reconstruction shall be received within 1 year of destruction.

(e) A reconstructed dam shall be rebuilt with a height not greater than the original dam height.

(f) A bottom discharge and fish passage facilities shall be provided for a reconstructed dam where appropriate.

(g) A request for replacement of a dam destroyed by a catastrophic event shall be handled as a variance request for reconstruction of a destroyed, non-conforming structure.

(12) The maximum percentage of impervious surface permitted on a lot is as follows:

(a) For lots with less than 10,000 square feet of area, not more than 35% of the land surface may be covered by impervious surfaces.

(b) For lots with between 10,000 square feet and 40,000 square feet of area, not more than 25% of the land surface may be covered by impervious surfaces.

(c) For lots with between 40,001 square feet and 80,000 square feet of area, not more than 20% of the land surface may be covered by impervious surfaces.

(d) For lots greater than 80,000 square feet of area, not more than 10% of the land surface may be covered by impervious surfaces.

History

• History: 2004 AACS.

Mich. Admin. Code R 281.105 Boundaries; interpretation of boundaries; filing of zoning map {#sec-r-281.105 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.105}

Rule 5. (1) The boundaries of the Pine river natural river district shall be as described in these rules and as depicted on the certified Pine river natural river zoning map. The Pine river natural river zoning district comprises an area that is described as follows:

(a) The Pine river mainstream, from the confluence of the North Branch Pine river and the East Branch Pine river in section 29 of Burdell Twp., T20N, R10W to M-55.

(b) The North Branch Pine river from its easternmost crossing of the north line of section 20 of Clam Lake Twp., T21N, R9W to its confluence with the East Branch of the Pine river. Lands adjacent to the North Branch from its confluence with Spalding Creek to its confluence with the East Branch are subject to mainstream development standards.

(c) Spalding Creek from 46 Road (the south line of section 16 of Cherry Grove Twp., T21N, R10W) to its confluence with the North Branch of the Pine river.

(d) Fairchild Creek from its source in section 24 of Henderson Twp., T21N, R11W to its confluence with the North Branch of the Pine river.

(e) Sixteen Creek from its source in section 2 of Burdell Twp., T20N, R10W to its confluence with the North Branch of the Pine river.

(f) An unnamed stream from the outfall of a dam in section 8 of Burdell Twp., T20N, R10W to its confluence with the Pine river.

(g) The East Branch of the Pine river from the outfall of a lake in section 1 of Burdell Twp., T20N, R10W to its confluence with the North Branch of the Pine river.

(h) The Rose Lake Outlet from its sources at the outfall of Rose Lake in section 3 of Rose Lake Township, T19N, R9W and the outfall of Emery Lake in section 34 of Sherman Twp., T20N, R9W, to its confluence with the East Branch of the Pine river.

(i) Edgett Creek from the west line of section 36 (190th Rd.) in Burdell Twp., T20N, R10W to its confluence with the Rose Lake outlet including both branches of the Diamond Lake outlet from their sources in section 26 of Burdell Twp. to the confluence with Edgett Creek.

(j) An unnamed stream from its source in section 20 of Sherman Twp., T20N, R9W to its confluence with the Rose Lake outlet.

(k) Sprague Creek from the outfall of a pond in the center of section 33 of Burdell Twp., T20N, R10W to its confluence with the Pine river.

(l) Beaver Creek from the north/south centerline of section 11 of LeRoy Twp., T19N, R10W to its confluence with the Pine river.

(m) Little Beaver Creek from the outlet of a large pond in the northeast 1/4 of section 19 of LeRoy Twp., T19N, R10W to its confluence with Beaver Creek.

(n) An unnamed stream from the outfall of the southernmost of two ponds in section 14 of Ellsworth Twp., T19N, R11W to its confluence with the Pine river.

(o) Coe Creek from the outfall of Lake Olga in section 1 of Dover Twp., T20N, R11W to its confluence with the Pine river.

(p) Dyer Creek from the outfall of a small pond in section 13 of Dover Twp., T20N, R11W to its confluence with Coe Creek.

(q) Sellars Creek from its source in section 21 of Dover Twp., T20N, R11W to its confluence with the Pine river.

(r) An unnamed stream from its source in section 20 of Dover Twp., T20N, R11W to its confluence with the Pine river.

(s) An unnamed stream from its source in section 19 of Dover Twp., T20N, R11W to its confluence with the Pine river.

(t) An unnamed stream from its source in section 24 of Newkirk Twp., T20N, R12W to its confluence with the Pine river.

(u) Silver Creek from its source in section 15 of Dover Twp., T20N, R11W to its confluence with the Pine river, including all perennial tributaries from their sources to their confluence with Silver Creek.

(v) An unnamed stream from its source in section 13 of Newkirk Twp., T20N, R12W to its confluence with the Pine river.

(w) An unnamed stream from its source in section 11 of Newkirk Twp., T20N, R12W to its confluence with the Pine river.

(x) An unnamed stream from its source in section 7 of Dover Twp., T20N, R11W to its confluence with the Pine river.

(y) An unnamed stream from its source in section 1 of Newkirk Twp., T20N, R12W to its confluence with the Pine river.

(z) Poplar Creek from its source in section 26 of Henderson Twp., T21N, R11W to its confluence with the Pine river.

(aa) Dowling Creek from its 2 sources in sections 21 and 28 of Henderson Twp., T21N, R11W to its confluence with Poplar Creek.

(bb) Hoxey Creek from its source in section 25 of South Branch Twp., T21N, R12W to its confluence with the Pine river.

(cc) An unnamed Creek from its sources in section 27 and 34 of South Branch Twp.,T21N, R12W to its confluence with the Pine river.

(dd) Yates Creek from its source in section 22 of South Branch Twp., T21N, R12W to its confluence with the Pine river.

(ee) All lakes, ponds, impoundments or other surface water bodies not traditionally considered rivers, streams or creeks if they are a contiguous part of the stream segments listed in subdivisions (a) to (dd) of this subrule.

(ff) The lands lying within 400 feet of the river's edge that are enumerated in subdivisions (a) to (ee) of this subrule.

(2) If uncertainty exists with respect to the boundaries of the district as shown on the zoning map, then all of the following provisions shall apply:

(a) Boundaries that are indicated as approximately following the centerline of streets or highways shall be construed to follow the centerline.

(b) Boundaries that are indicated as approximately following lot lines shall be construed as following the lot lines.

(c) Boundaries that are indicated as approximately following city, village, township, or county boundaries lines shall be construed as following the city, village, township, or county boundary lines.

(d) Boundaries that are indicated as following railroad lines shall be construed to be midway between the right-of-way lines.

(e) Boundaries that are indicated as following shorelines shall be construed to follow the shorelines, and, in the event of change in the shorelines, shall be construed as moving with the actual shorelines. Boundaries that are indicated as approximately following the centerline of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow the centerline.

(f) Boundaries that are indicated as parallel to or extensions of features indicated in subdivisions (a) to (e) of this subrule shall be so construed. Distances that are not specifically indicated on the official zoning map shall be determined by the scale of the map.

(g) If physical or natural features that exist on the ground are at variance with those shown on the official zoning map or in other circumstances are not covered by the provisions of subdivisions (a) to (f) of this subrule, then the zoning review board shall interpret the district boundaries.

(h) If a portion or all of the district is indicated on the zoning map by a pattern which, for the sake of map clarity, does not cover public rights-of-way, then the district boundaries extend to the center of any public right-of-way.

(3) Certified copies of the Pine river natural river zoning map shall be filed with all of the following entities:

(a) The state tax commission.

(b) Local tax assessing officers.

(c) Township and county clerks.

(d) County drain commissioners.

(e) Local building department.

(f) The natural rivers unit of the Michigan department of natural resources.

History

• History: 2004 AACS.

Mich. Admin. Code R 281.106 Zoning permits; site plans; certificates of zoning compliance {#sec-r-281.106 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.106}

Rule 6. (1) A building or other structure shall not be erected, moved, added to, or structurally altered, and a land use shall not be commenced, without a zoning permit as specified by these rules and as issued by the zoning administrator. Permits shall not be required for exempt activities as specified in R 281.107. Plans that are submitted when applying for a zoning permit shall contain the necessary information for determining compliance with these rules.

(2) Concurrent with applying for a zoning permit, an applicant shall submit a site plan of the proposed development. The site plan shall include the entire area that is proposed for development. The zoning administrator, in the case of a principal use application, or the zoning review board, in the case of a special use application, may require adjustments in the site plan as a condition for approval to ensure that the proposed development meets all standards contained in these rules. Except as otherwise waived by the zoning administrator, in the case of a principal use application, or the zoning review board, in the case of a special use application, a site plan shall show and include all of the following, either existing or proposed:

(a) A site plan drawn to scale, with the scale indicated.

(b) Property dimensions, including river frontage.

(c) Size, shape, use, and location of existing and proposed buildings or improvements, including distances to adjacent property boundaries and the river's edge.

(d) Existing vegetation, including the location and type.

(e) Adjacent streets and highways.

(f) Parking areas.

(g) Cross section drawing showing height of buildings above water level and bluff heights.

(h) Entrances to public streets.

(i) Description of the building design, including proposed construction materials.

(j) Drainage facilities.

(k) Location and description of the method to dispose of sanitary wastes.

(l) Proposed landscaping.

(m) Location of footpaths.

(n) Signs proposed, including the size, location, and material.

(o) North arrow.

(p) Date of drawing.

(q) Detailed site location map.

(r) Any additional information required the zoning administrator or zoning review board to carry out the administrator's or board's duties. Examples of such information include the following:

(i) Soil types.

(ii) Topography.

(iii) Building elevations.

(iv) Site photographs.

(v) Anticipated traffic volumes.

(vi) Traffic circulation patterns.

(vii) Other pertinent site information.

(3) A building, structure, or lot for which a zoning permit has been issued shall not be occupied, and a use for which a zoning permit has been issued shall not commence, until the zoning administrator has, after final inspection, issued a certificate of zoning compliance that certifies compliance with these rules. However, the issuance of a certificate of compliance shall not be construed as waiving any provision of these rules. A building that is an accessory to a dwelling shall not require a separate certificate of zoning compliance, but may be included in the certificate of zoning compliance for the dwelling if shown on the site plan and if completed at the same time as the dwelling. A record of all certificates that are issued shall be kept on file in the office of the zoning administrator. Certificates of zoning compliance are for the purposes of these rules and shall not be interpreted as substitutes for certificates of occupancy that are required by local building codes or local zoning permits.

History

• History: 2004 AACS.

Mich. Admin. Code R 281.107 Land use and development standards {#sec-r-281.107 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.107}

Rule 7. (1) Land uses within the natural river district are classified as exempt, principal, or special uses and are described as follows:

(a) Exempt uses are uses which are permitted by right and which are not subject to the receipt of a zoning permit. Exempt uses include all of the following:

(i) Private, noncommercial recreation which does not involve permanent structures, equipment, or other devices, but which includes camping, boating, fishing, hunting, and other similar activities.

(ii) Reforestation and other accepted forest management practices that do not involve permanent structures and that are landward of the native vegetation buffer.

(iii) Agricultural activities, such as plowing, disking and planting of crops, including general and specialized farming such as Christmas tree farms, provided that all new activities occur landward of the native vegetation buffer and provided such uses will not significantly contribute to stream degradation. Construction of any residential and farm-related structures and appurtenances are classified as principal uses (see subrule (2) of this rule) and are subject to zoning permit requirements. New aquaculture facilities and concentrated animal feeding operations, and expansion of existing aquaculture facilities and concentrated animal feeding operations, are not permitted within the Natural River District without a land use variance. Resumption of prior agricultural uses that were located within the native vegetation buffer but have been discontinued, for example, crop fields that are rotated, may resume if 1 of the following criteria is met:

(A) The cessation of use was within 10 years of resumption of use.

(B) The cessation of use was due to implementation of a management plan written prior to adoption of these rules.

(C) The cessation of use was the result of written agreements with a governmental agency or agencies entered into prior to adoption of these rules.

(D) The cessation of use was the result of written agreements with a governmental agency or agencies entered into after adoption of these rules or ordinances implementing this plan, where the term of cessation of use specified in the agreement is for 10 years or less.

(E) The cessation of use was required or imposed by a governmental agency or agencies.

(iv) The operation of licensed motor vehicles on dedicated public roads or private roads that are designed to provide access to a permitted use.

(v) The off-road operation of emergency and public utility maintenance vehicles, and the operation of motorized or non-motorized wheelchairs by persons with disabilities on footpaths, boardwalks, or other designated trails. Other motorized vehicles may not be operated off the road in the native vegetation buffer as specified in R 281.104.

(vi) Cutting of low growing vegetation in the native vegetation buffer to create a private footpath of not more that 4 feet in width leading to a single point on the river's edge. A boardwalk or other above grade walkway is considered a structure and requires a zoning permit.

(vii) Signs, subject to the provisions of R 281.104.

(viii) A replacement residential water supply well, provided the replacement well is not closer to the river's edge than the well it is replacing and is landward of the native vegetation buffer, and the replaced well is properly abandoned.

(ix) Routine maintenance and repairs of principal uses within the existing foundation and structure, subject to R 281.110.

(x) Satellite dishes that are less than 24 inches in diameter and that are not located in the native vegetation buffer.

(b) Principal uses are uses which are allowed by right, but which require the issuance of zoning permits by the zoning administrator. Principal uses include all of the following:

(i) Single-family dwellings, including detached long-term rental dwellings, if all of the following provisions are complied with:

(A) Only 1 dwelling shall be permitted per parcel unless 1 of the following occurs:

(1) The property owner develops a site plan for the parent parcel showing theoretical property lines for individual lots based on Natural River development standards, and locates any additional residences and appurtenances as if the property were divided into those separate lots.

(2) For each single-family dwelling placed in a cluster-type setting so that the requirements in subdivision (b)(i)(A)(1) are not met, a portion of the parent parcel containing square footage, width, depth and buildable area equal to a newly created separate legal parcel as described in R 281.104 will be made subject to a permanent conservation easement or deed restriction that prohibits construction of any structures within that portion of the parcel, or the development rights to a portion of the parent parcel containing square footage, width, depth and buildable area equal to a newly created separate legal lot or parcel as described in R 281.104 will be sold, donated, or otherwise conveyed in perpetuity to a land conservancy, local unit of government, or the state. The agency acquiring the development rights shall agree in writing to refrain from development of the land in perpetuity.

(B) Building setback for lots shall be not less than 150 feet from the ordinary high watermark on the mainstream and the North Branch Pine river from its confluence with Spalding Creek to its confluence with the East Branch Pine river and not less than 100 feet from the ordinary high watermark on all other designated tributaries, except as described in subdivision (b)(i)(C) of this rule. On the mainstream and the North Branch Pine river from its confluence with Spalding Creek to its confluence with the East Branch Pine river the setback may be decreased 1 foot for every 1-foot rise in bank height to a minimum distance of 100 feet from the ordinary high water mark. The reduction in setback does not apply until the bank height reaches 25 feet, at which point the reduction in setback is 25 feet. On all other tributaries, the setback may be decreased 1 foot for every 1-foot rise in bank height to a minimum distance of 75 feet from the ordinary high water mark. The reduction in setback does not apply until the bank height reaches 15 feet, at which point the reduction in setback is 15 feet. Structures shall be set back not less than 50 feet from the crest of a bluff on the mainstream and the North Branch Pine river from its confluence with Spalding Creek to its confluence with the East Branch Pine river, and not less than 25 feet from the crest of a bluff on all other designated tributaries. Building shall not take place on land that is subject to flooding or in any wetland area. The natural contour of the face and crest of the bluff shall not be altered.

The land between the crest of the bluff and the minimum building setback line shall not be altered except for minor landscaping activities.

(C) If a building setback is in an area of concentrated development and a vacant legal nonconforming parcel is between and adjacent to 2 parcels that contain legal singlefamily dwellings that do not meet the minimum building setbacks, and the adjacent legal non-conforming single-family dwellings are within 300 feet of each other, then the minimum building set back for a new single-family dwelling on the vacant parcel is the distance from the river of the adjacent single-family dwelling that is farthest from the river's edge or the minimum required width of the native vegetation buffer, whichever is greater, provided the single-family dwelling is not placed on lands that are subject to flooding or in any wetland area. All appurtenances and accessory buildings shall meet the minimum required building setback described in subdivision (b)(i)(B). All structures shall be set back not less than 50 feet from the crest of a bluff on the mainstream and not less than 25 feet from the crest of a bluff on designated tributaries.

The natural contour of the face and crest of the bluff shall not be altered. The land between the crest of the bluff and the minimum building setback line shall not be altered except for minor landscaping activities.

(ii) Expansion of a legal nonconforming single-family dwelling subject to the provisions of R 281.110(a)(b).

(iii) Accessory buildings and appurtenances that meet requirements of paragraph (i) of this subdivision.

(iv) One private boat dock per parcel, subject to the provisions of R 281.104.

(v) One private river access stairway per parcel, subject to the provisions of R 281.104.

(vi) Utility lines to service private, single-family dwellings.

(vii) Disposal fields, septic tanks, and outhouses if all of the following provisions are complied with:

(A) The septic tank and disposal field meet local health department standards.

(B) The disposal field shall be located not less than 100 feet from the ordinary high watermark and any surface or subsurface drain that discharges into the Pine river or its designated tributaries, and shall not be located within the 100-year floodplain, a wetland area, or the native vegetation buffer.

(C) The septic tank shall be no closer to the river than the dwelling it serves and shall not be located within the 100-year floodplain or a wetland area.

(D) The bottom of the disposal field shall be at least 4 feet above the seasonal high groundwater table.

(E) An outhouse shall be constructed using a watertight waste containment system that allows waste to be pumped and hauled to an appropriate disposal site, shall be located not less than 100 feet from the ordinary high watermark and any surface or subsurface drain that discharges into the Pine river or its designated tributaries, and shall not be located within the 100-year floodplain, a wetland area, or the native vegetation buffer.

(F) Drywells and earth privies are not permitted unless they are authorized by the local health department, are a minimum of 100 feet from the ordinary high water mark, and the bottom of the pit or seepage bed is at least 4 feet above the seasonal high groundwater table.

(G) An innovative on-site treatment system that results in a higher level of treatment than a conventional system may be located not less than 50 feet from the river's edge on designated tributaries, except the North Branch of the Pine river from the confluence with Spalding Creek to the confluence with the East Branch of the Pine river, provided no part of the system is in a wetland or the 100-year floodplain.

(H) Disposal of sludge from any wastewater treatment system is prohibited in the Natural River District.

(viii) Water supply wells serving exempt, principal, or special uses if the well is landward of the native vegetation buffer described in R 281.104.

(iv) Mining and extracting industries, if all land disturbance, structures, and other activities related to the industry are located more than 300 feet from the ordinary high watermark.

(x) Land divisions, if the minimum standards specified in R 281.104 are met. A zoning permit, special use permit or variance will not be granted for any activity on a parcel that is created after the effective date of these rules if the new parcel does not meet R 281.104. No new parcel will be created that would require reaching the only buildable area by constructing a road/stream crossing.

(xi) Home occupations and home-based occupations, subject to R 281.104.

(xii) Land alteration, such as grading, dredging, and filling of the land surface, except within the native vegetation buffer, on the face or crest of a bluff, or in a wetland or floodplain as defined in R 281.101. Draining wetlands is prohibited. Ponds may be constructed if the pond is not constructed in a wetland or the 100-year floodplain, the pond meets the building setback established for the area, spoils are placed in a non-wetland, non-floodplain area landward of the native vegetation buffer, and the pond is not connected to the river by any surface or subsurface drainage system.

(xiii) Bridges, including any structure of any span length designed to provide a pedestrian or vehicle stream crossing, subject to all the following standards:

(A) All existing bridges that are destroyed by any means, whether on a tributary or mainstream segment, may be replaced. On mainstream segments, destroyed pedestrian bridges may not be replaced with vehicle bridges. Destroyed bridges shall be replaced within 18 months of destruction or the replacement bridge shall be considered to be a new bridge and shall be subject to new bridge standards.

(B) New bridges are not permitted on any parcel that is created after the effective date of these rules.

(C) New bridges of any type are prohibited on mainstream segments.

(D) All replacement bridges on mainstream segments shall span the bankfull channel, have a minimum clearance of 5 feet between the ordinary high water mark and "low steel" (the bottom of the bridge deck and/or deck supports other than abutments), and be a structure with a natural bottom, for example, pipe, box or arch culverts are not permitted.

(E) New pedestrian bridges are permitted on all tributaries provided the lands connected by a new bridge were, at the time of adoption of these rules, and continue to be, collectively owned by 1 person.

(F) New bridges linking properties in separate ownership shall not be permitted except in areas where construction of such a bridge to access a permitted building site will result in less resource damage than construction of another type of permitted access.

The exception shall only apply to lots that were created before the effective date of these rules.

(G) Only 1 bridge is permitted to access a portion of land that is otherwise inaccessible from the owner's contiguous property.

(H) Permanent new bridges on tributaries shall span the bankfull channel and be a structure with a natural bottom, for example, pipe, box, or arch culverts are not permitted, and, in the case of pedestrian bridges, be constructed such that use by any motorized vehicles, including dirt bikes and ATVs are excluded.

(I) Permanent bridges replacing bridges that have natural bottoms on tributaries shall span the bankfull channel and be a structure with a natural bottom, for example, pipe, box or arch culverts are not permitted, and in the case of pedestrian bridges, be constructed such that use by any motorized vehicles, including dirt bikes and ATVs are excluded.

(J) Permanent bridges replacing bridges without natural bottoms on tributaries must span the bankfull channel, and, in the case of pedestrian bridges, be constructed such that use by any motorized vehicles, including dirt bikes and ATVs are excluded.

(K) Temporary vehicle bridges on tributaries for the purpose of access for timber harvest may be permitted provided they are constructed in a manner that minimizes disruption of the stream and are removed immediately after harvesting activities.

Disturbed areas in the native vegetation buffer shall be revegetated, any fill placed shall be removed, and the land shall be returned to its original grade as soon as possible after removal of the bridge. Proper erosion/sedimentation control methods shall be used during placement and use of the bridge.

(L) New permanent vehicle bridges on tributaries may be allowed upon receipt of a special use permit.

(xiv) Forest management activities within the native vegetation buffer, subject to the provisions of R 281.104.

(xv) Boardwalks that meet the setback requirements of subrule (2)(C) of this rule and boardwalks associated with a footpath to the river's edge subject to of R 281.104(6).

(c) The Pine river natural river plan and these rules recognize that certain types of residential, recreational, and commercial uses may be appropriate for the natural river district that have not been identified under the exempt and principal uses provisions of this rule. To ensure that such uses do not contravene the goals and objectives of the Pine river natural river plan and these rules, such uses shall be referred to as special uses and shall be subject to the review and approval of the zoning review board. Special uses and their development standards include all of the following:

(i) Detached rental cabins, if all of the following provisions are complied with:

(A) The number of cabins permitted shall be based on the rate of 1 cabin per 200 feet of frontage. Clustering of rental cabins is permitted and encouraged; however, there shall not be more than 1 cabin per 200 feet of river frontage. For each cabin placed in a cluster-type setting, a portion of the parent parcel containing square footage, width, depth, and buildable area equal to a newly created separate legal parcel as described R 281.104 shall be made subject to a permanent conservation easement or deed restriction that prohibits construction of any structures within that portion of the parcel, or the development rights to a portion of the parent parcel containing square footage, width, depth, and buildable area equal to a newly created separate legal lot or parcel as described in R 281.104 will be sold, donated or otherwise conveyed in perpetuity to a land conservancy, local unit of government, or the state. The agency acquiring the development rights shall agree in writing to refrain from development of the land in perpetuity.

(B) The size of each cabin shall not exceed 900 square feet and 1 story in height. The cabin shall not contain sleeping accommodations for more than 8 people.

(C) Each cabin shall be set back a minimum of 200 feet from the ordinary high watermark. All associated buildings and structures shall be located outside of the Natural River District.

(D) Temporary recreational facilities, including tents, camper trailers, and recreational vehicles shall be located outside of the Natural River District.

(E) Each cabin shall be a minimum of 75 feet from the property line of adjacent riverfront properties.

(F) Establishment of vegetative buffers along side or back lot lines may be required for rental cabins that are adjacent to existing residential uses. Buffers shall consist of plant material that is indigenous to the area in a strip at least 20 feet wide composed of deciduous trees interspersed with coniferous trees to be spaced not more than 10 feet apart. Deciduous trees shall be a minimum of 8 feet in height and coniferous trees a minimum of 5 feet in height at the time of planting. The buffer shall also include dense shrubs placed not less than 5 feet apart having a minimum of 3 feet in height when planted. The entire buffer shall be maintained in at least as healthy a condition as when planted.

(G) Docks may be constructed for the private use of occupants of the rental cabins.

Permanent and seasonal docks shall comply with the general standards for docks and all of the following provisions:

(1) Docks shall be not larger than 48 square feet, with not more than 4 feet of the dock extending into the water.

(2) Docks may be constructed at the rate of 1 dock per 1000 feet of frontage. If the property in question contains less than 1000 feet of frontage, 1 dock will be permitted (3) Docks shall be constructed of natural materials that blend with the natural surroundings.

(4) Access to a dock or docks shall be along a single designated footpath not more than 4 feet wide to minimize disruption of the native vegetation buffer.

(5) Any steps or stairs necessary on the stream bank to access the dock shall be constructed without cutting into the ground surface, unless site and soil conditions indicate that a recessed stairway will better meet the goals and objectives of designation.

(ii) Campgrounds, including those with provisions for tents, travel trailers, campers, and motor homes, with associated noncommercial buildings, impervious pads, and utility hookups, if all of the following provisions are complied with:

(A) Campgrounds shall be constructed and maintained in accordance with all applicable state regulations.

(B) Commercial buildings associated with the campground are prohibited in the Natural River District.

(C) All permanent structures shall be at least 200 feet from the river's edge.

(D) Campsites are permitted at a density of not more than 4 sites per acre of land that is located in the Natural River District and landward of the native vegetation buffer.

(E) A 100 foot-wide native vegetation buffer along the river shall be maintained.

(F) Campsites that accommodate wheeled motor vehicles shall be at least 200 feet from the river's edge.

(G) Walk-in campsites shall be landward of the native vegetation buffer.

(H) Docks may be constructed at the rate of 1 dock not larger than 48 square feet for each 200 feet of river frontage, accessed by a single footpath not more than 4 feet wide.

(I) No motorized vehicle access to the river is permitted.

(J) Launching or retrieval of commercial watercraft, other than by registered campers on-site, is prohibited at any newly developed campground.

(iii) Permanent vehicle bridges on tributaries subject to the provisions of R 281.107.

History

• History: 2004 AACS.

Mich. Admin. Code R 281.108 Application and approval; procedures and standards; principal uses and special uses {#sec-r-281.108 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.108}

Rule 8. (1) An application for a principal use shall be submitted and processed pursuant to all the following procedures:

(a) An application for a principal use shall be made on an application form that is available from the zoning administrator and shall be returned to the zoning administrator.

A completed application shall contain all of the following information:

(i) A completed application form that is signed by the applicant or the applicant's representative.

(ii) A site plan that meets the requirements of R 281.106.

(iii) Evidence of ownership or a legal interest in the property that is affected by the application for a principal use.

(b) Within 21 days of receipt of an application for a principal use, the zoning administrator shall notify the applicant of the need for additional information.

(c) Within 30 days of receipt of a completed application, the zoning administrator shall issue or deny a permit. If a permit is denied, notice of the denial, together with the reasons for the denial, shall be sent to the applicant.

(d) Concurrent with the issuance of a zoning permit, an applicant shall receive a copy of the approved site plan.

(e) Before commencing construction of a principal use, an applicant shall display the permit required by these rules face out in a conspicuous place facing the nearest street or roadway and shall display it continuously until the purpose for which the permit was issued is completed.

(f) Zoning permits are valid for 1 year and are not transferable. All buildings shall be completed within 1 year from the date of issuance of the zoning permit. However, 1 extension may be authorized by the zoning administrator, in writing, for a period of not more than 6 months if conditions pertaining to the issuance of the original permit remain unchanged. An application for an extension shall be made before the permit expires. Any subsequent extensions for a variance approval shall have the written approval of the zoning review board.

(2) An application for a special use permit shall be submitted and processed pursuant to the following procedures:

(a) An application for a special use permit shall be made on an application form that is available from the zoning administrator and shall be returned to the zoning administrator. A completed application shall contain all of the following information and attachments:

(i) A completed application form that is signed by the applicant or the applicant's representative.

(ii) Eight copies of a site plan that meet the requirements of R 281.106.

(iii) Evidence of ownership or a legal interest in the property that is affected by the application for a special use.

(iv) A list of all property owners, together with their addresses, who are located within 300 feet of the applicant's property that is being considered for a special use.

(b) The application, together with the required attachments, shall be submitted not less than 30 days before the meeting of the zoning review board at which the application is to be considered.

(c) The zoning review board shall conduct at least 1 public hearing and shall require all of the following notifications of such hearing to be made not less than 5, nor more than 15, days before consideration of the special use application:

(i) One notice shall be published in a newspaper that circulates in the township in which the proposal is located.

(ii) Notice shall be sent by first-class mail or personal delivery to the owners of property for which approval is being considered and to all persons who are identified in subdivision (a)(iv) of this subrule.

(iii) Notice shall also be sent to all of the following entities:

(A) The natural rivers unit of the Michigan department of natural resources.

(B) Local tax assessing officials.

(C) Township and county clerks.

(D) Local building inspectors.

(E) State, district, or county health department, when applicable.

(d) In considering a special use application, the zoning review board shall require that all of the following general standards, in addition to those specific standards established for each special use in R 281.107, are satisfied:

(i) That the purposes specified in R 281.102 are accomplished.

(ii) That a compelling reason exists to locate the proposed use within the district boundaries if contiguous property under the same ownership is available outside the district.

(iii) That the proposed use in combination with other existing uses willnot be a detriment to the public health, safety, and welfare.

(e) The zoning review board may impose conditions deemed necessary to accomplish the general and specific standards applicable to the proposed use.

(f) The concurring vote of at least 4 of the 7 voting members of the zoning review board shall be required to approve a special use.

(g) A special use that is granted by the zoning review board shall be valid for 1 year from the date of approval. If construction has not, in the opinion of the zoning review board, commenced and proceeded meaningfully at the end of the 1-year period, then the zoning administrator shall notify the applicant, in writing, of the expiration of the special use approval.

(h) If the zoning review board determines that the applicant has failed to comply with any of the requirements of these rules or the approved special use permit, then the board, after a public hearing held in accordance with the provisions of subdivision (c) of this subrule, may revoke any special use approval.

(i) An application for a special use that has been denied by the zoning review board shall not be submitted for reconsideration unless, in the opinion of the zoning administrator, the application is significantly different in scope from the application that was denied or new and significant facts and conditions exist which might result in favorable action upon resubmission.

(j) Concurrent with the issuance of a special use permit, an applicant shall receive a copy of the approved site plan, with conditions, if any.

(k) Before commencing construction of a special use, an applicant shall display the permit required by these rules face out in a conspicuous place facing the nearest street or roadway and shall display it continuously until the purpose for which the permit was issued is completed.

History

• History: 2004 AACS.

Mich. Admin. Code R 281.109 Variances and variance hearings {#sec-r-281.109 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.109}

Rule 9. (1) A dimensional variance from any standard established in these rules may be granted by the zoning review board after a public hearing or, in certain instances, by the zoning administrator as provided in subrule (3) of this rule to allow a modification from a standard that establishes an area, yard, height, floor space, frontage, setback, or similar numerical restriction, but only after substantive evidence establishes that there are practical difficulties in complying with these rules. A variance shall be permitted only when it is consistent with the general purposes and intent of these rules.

(2) The zoning review board or zoning administrator shall consider all of the following factors in determining if there are practical difficulties in complying with these rules as specified in subrule (1) of this rule:

(a) How substantial the variance is in relation to the zoning requirements.

(b) Whether a substantial change will be effected in the character of the area or a substantial detriment created for adjoining properties.

(c) Whether the difficulty can be overcome by some feasible method other than a variance.

(d) Whether, in view of the manner in which the difficulty arose, the interests of justice will be served by allowing the variance.

(e) Whether the plight of the landowner is due to circumstances which are unique to his or her property and which are not created by the landowner.

(f) Whether the variance may result in a material adverse effect on the environment.

(3) For the purposes of these rules, the required hearing and review of a variance request by the zoning review board shall be waived for certain minor dimensional variances of principal uses, including legal nonconforming uses. Such variances shall be handled by the zoning administrator, who shall consider the provisions of subrule (2) of this rule in making a determination. The zoning administrator shall prepare a written finding of fact that details the reasons for approval or denial of the minor variance request. Minor variances are defined as reductions in setbacks for uses on any lawful lot that are not more than 25% of the normal dimensional requirements.

Such uses shall include principal or accessory buildings or structures, including decks, porches, and steps.

(4) A land use variance is a land or building use in contravention of any of the use requirements of these rules. The zoning review board may, after a public hearing, grant a variance upon a finding of unnecessary hardship, which may be found upon substantial evidence being submitted that all of the following factors exist:

(a) The property cannot be used in a manner that is consistent with existing zoning.

(b) The hardship results from the application of these rules to the applicant's property.

(c) The hardship of which the applicant complains is suffered by his or her property directly and is not shared by others.

(d) The hardship is not the result of the applicant's own actions.

(e) The hardship is peculiar to the applicant's own property.

(5) In determining whether reasonable use may be made of the property as zoned, a reasonable economic return may be considered, but only if the applicant is in compliance with the provisions of subrules (1) to (4) of this rule. Whether any weight shall be given to the economic return factor shall be dependent on a determination that the owner has been deprived of all beneficial use of his or her property under existing zoning.

(6) For a land use variance, the zoning review board shall, after finding that unnecessary hardship exists, also find that, based on adequate evidence, the proposed use meets all of the following conditions:

(a) The use will be consistent with and in accordance with the general objectives of the Pine river natural river plan.

(b) The use will be designed, constructed, operated, and maintained consistent with and appropriate in appearance with the existing or intended character of the natural river district and the use will not change the essential character of the natural river district.

(c) The use will be adequately served by existing essential public facilities and services, such as highways, police and fire protection, drainage structures, refuse disposal, and sanitation facilities, or the persons or agencies that are responsible for the establishment of the proposed use may adequately provide essential services.

(d) The use will not involve uses, activities, processes, materials and equipment, and conditions of operation that will be detrimental to any persons, property, or the environmental quality of the district because of the excessive production of noise, smoke, fumes, glare, or odors or require the outdoor storage of raw materials or discarded materials produced in the use processes.

(e) The use will be consistent with the intent and purposes of these rules.

(f) The use or the structures to be used will not cause an overcrowding of the land or an undue concentration of population that may result in degradation to the river and district.

(g) The use plot area is sufficient, appropriate, and adequate for the use and the reasonable anticipated operation and expansion thereof.

(7) Upon receipt of an application for a variance, the zoning review board shall conduct a hearing on the request, except as provided for in subrule (3) of this rule. The hearing and notice procedure shall follow the procedure established for special use applications by R 281.108. A decision shall be made within 30 days after the final hearing to approve or deny the variance request. The zoning review board shall keep complete and detailed records of all its proceedings, which shall include the minutes of its meetings, findings, and actions taken on each matter heard by it, including the final order. Reasons for the decision shall be in writing. The board shall record the vote of each member on each question. If a member is absent or fails to vote, the board shall indicate such fact. All records shall be open for public inspection. The concurring vote of at least 4 of the 7 voting members of the zoning review board is required to effect a dimensional variance in these rules. The concurring vote of at least 5 of the 7 voting members of the zoning review board is required to grant a land use variance in these rules. If the required concurring vote for approval of a variance is not achieved, the variance is denied.

(8) The zoning review board shall not issue a land use variance when the district allows the use as a special use.

(9) A variance shall create a nonconforming land use, lot, or structure that is subject to the provisions of R 281.110 which regulates continued use.

(10) The zoning review board or the zoning administrator may impose conditions on an applicant before granting a variance. Such conditions shall be in writing. The zoning permit issued for the project for which the variance was approved is not valid until the applicant accepts the conditions in writing.

(11) An application for a variance that has been denied by the zoning review board or zoning administrator shall not be submitted for reconsideration unless, in the opinion of the zoning administrator, the application is significantly different in scope from the application that was denied or new and significant facts and conditions exist which might result in favorable action upon resubmission.

History

• History: 2004 AACS.

Mich. Admin. Code R 281.110 Rogue river system boundaries {#sec-r-281.110 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.110}

Rule 60. The boundaries of the Rogue river natural river district shall be as described in these rules and as depicted on the certified Rogue river natural river zoning map with an effective date of June 2, 1980. The Rogue river natural river zoning district comprises an area that is described as follows:

(a) The mainstream of the Rogue river from 20 Mile road in section 11, T10N, R12W to its confluence with the Grand river.

(b) Spring creek from its source in section 4, T10N, R11W to its confluence with the Rogue river.

(c) Duke creek from its source in section 1, T10N, R11W to its confluence with the Rogue river.

(d) Cedar creek from its source in section 29, T10N, R10W to its confluence with the Rogue river.

(e) Stegman creek from its source in section 16, T9N, R10W to its confluence with the Rogue river.

(f) Becker creek from its sources in sections 5 and 8, T9N, R10W to its confluence with the Stegman creek.

(g) Shaw creek from its sources in section 29, T9N, R10W to its confluence with the Rogue river.

(h) Rum creek from its source in section 4, T8N, R10W to its confluence with the Rogue river.

(i) Barkley creek from its source in section 8, T9N, R10W to its confluence with the Rogue river.

(j) All lakes, ponds, impoundments or other surface water bodies not traditionally considered rivers, streams or creeks if they are a contiguous part of the stream segments listed in subdivisions (a) to (i) of this rule.

(k) The lands lying within 400 feet of the river's edge as described in subdivisions (a) to (j) of this rule.

History

• History: 2004 AACS; 2013 AACS.

Mich. Admin. Code R 281.111 Rogue river system principal uses; natural vegetation strip {#sec-r-281.111 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.111}

Rule 61. (1) A principal use is allowed by right, but requires the issuance of a zoning permit by the zoning administrator. A principal use includes all of the following:

(a) A single-family dwelling or short-term rental facility with the following provisions:

(i) The minimum building setback shall be not less than 150 feet from the ordinary highwater mark on the mainstream and 100 feet from the ordinary high-water mark on all designated tributaries, except as described in R 281.57.

(ii) A dwelling shall be set back not less than 50 feet from the top of a bluff on a cutting edge of a stream.

(iii) Building shall not take place on land that is subject to flooding or in any wetland area.

(iv) The natural contour of the face and crest of the bluff shall not be altered.

(v) The land between the crest of the bluff and the minimum building setback line shall not be altered except for minor landscaping activities.

(b) Accessory buildings and appurtenances that meet the setback and other development requirements of subdivision (a) of this subrule.

(c) One private boat dock per parcel, unless otherwise provided for in these rules, subject to R 281.57.

(d) One private river access stairway per parcel, subject to R 281.57.

(e) Utility lines to service a single-family dwelling or short-term rental facility.

(f) A disposal field, septic tank, and outhouse, with all the following provisions:

(i) A septic tank and disposal field meet local health department standards.

(ii) A disposal field located not less than 100 feet from the ordinary high-water mark on the mainstream and all designated tributaries and not less than 50 feet from any surface or subsurface drain that discharges into the Rogue river or its designated tributaries, and not located within the 100-year floodplain, a wetland area, or the natural vegetation strip.

(iii) A septic tank shall not be closer to the river than the dwelling it serves and shall not be located within a wetland area.

(iv) An outhouse constructed using a watertight waste containment system that allows waste to be pumped and hauled to an appropriate disposal site, shall not be located less than 100 feet from the ordinary high-water mark and any surface or subsurface drain that discharges into the Rogue river or its designated tributaries, and not located within the 100-year floodplain, a wetland area, or the natural vegetation strip.

(v) Drywells and earth privies are not permitted unless authorized by the local health department, are a minimum of 100 feet from the ordinary high-water mark, and the bottom of the pit or seepage bed is at least 4 feet above the seasonal high groundwater table.

(vi) An alternative on-site treatment system that results in a higher level of treatment than a conventional system may be located not less than 50 feet from the river’s edge on designated tributaries, provided no part of the system is in a wetland or the 100-year floodplain.

(vii) Disposal of sludge from any wastewater treatment system is prohibited in the natural river district.

(g) Mining and extracting industries, if all land disturbances, structures, and other activities related to the industry are located more than 300 feet from the ordinary highwater mark.

(h) A land division, if any lot created after June 2, 1980, with all the following provisions:

(i) Is accessible by a public road or legal easement standards on at least 1 side of the stream that has all the following:

(ii) At least 200 feet of river frontage, unless a riverfront “common area” subject to a conservation easement is established, or a parcel does not have river frontage, in which case this dimension shall be measured at the point of the parcel closest to the river, and is at least 200 feet wide at the minimum building setback line.

(iii) At least 50,000 square feet of area within the natural river district. Any “common area” created or any bottomlands shall not be used in any calculations related to minimum parcel area. If a parcel does not have river frontage and the front line of the parcel is greater than 150 feet from the river’s edge at all points, this subdivision does not apply, and the minimum parcel width will be measured at the front lot line.

(iv) Sufficient depth and upland area to accommodate the required building setbacks pursuant to this rule.

(v) A lot that exists on June 2, 1980, shall not be subdivided or reduced in dimension or area below the minimum requirements of this rule. Any lot created after June 2, 1980, shall meet the minimum requirements of this rule, except as provided in R 281.56.

(i) Home occupations and home-based occupations, subject to R 281.57.

(j) Land alteration, subject to R 281.57.

(k) Bridges, subject to R 281.58.

(l) Forest management activities within the natural vegetation strip, subject to R 281.57.

(m) A boardwalk that meets the minimum building setback requirements in this subdivision and a boardwalk associated with a footpath to the river’s edge, subject to R 281.57.

(n) Bank stabilization and fisheries habitat improvement activities, subject to R 281.57.

(2) Within the Rogue river natural river district, a natural vegetation strip that includes the river and all lands within 50 feet of the ordinary high-water mark shall be maintained on each side of the Rogue river mainstream. A restrictive cutting belt that includes the river and all lands within 25 feet of the ordinary high-water mark shall be maintained on each side of designated tributaries. Cutting in the natural vegetation strip is subject to R 281.57.

History

• History: 2004 AACS; 2013 AACS.

Mich. Admin. Code R 281.112 Appeals; contested cases {#sec-r-281.112 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.112}

Rule 12. An aggrieved party who contests the decision of the zoning administrator or zoning review board shall be granted a hearing if a petition is filed with the director within 60 days after notice of disapproval is received. The hearing shall be conducted pursuant to the provisions for contested cases of 1969 PA 306, MCL 24.201 et seq. and R299.3071 to R 299.3081.

History

• History: 2004 AACS.

Mich. Admin. Code R 281.113 Violations; effect; remedies {#sec-r-281.113 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.113}

Rule 13. (1) After the effective date of these rules, a building or structure or land shall not be used or occupied, and a building or structure or part thereof shall not be erected, constructed, reconstructed, moved, or structurally altered, unless the building, structure, or land is in compliance with these rules. A permit or variance shall not be approved, and action shall not be taken, if approval of the permit or variance or the action taken violates these rules. The director shall not waive any of his or her rights or remedies against any person who violates these rules if the violations were committed in reliance on an authorization erroneously given in violation of any provision of these rules. Any authorized permit, variance, or action that is contrary to these rules is invalid from the date of the authorization.

(2) In addition to all other remedies, the director may institute appropriate action or proceedings to prevent, restrain, correct, or abate rule violations or threatened violations.

History

• History: 2004 AACS.

Mich. Admin. Code R 281.114 Boundaries and permitted uses; changes, amendments, and supplements; precedence of local zoning ordinance over rules {#sec-r-281.114 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.114}

Rule 14. (1) The director may make changes, amendments, and supplements to boundaries and to permitted uses requested by a local unit of government or by a landowner following a hearing held pursuant to the provisions of sections 71 to 87 of 1969 PA 306, MCL 24.271 to 24.287, if implementation of the change, amendment, or supplement does not contravene the purposes of these rules as specified in R 281.102.

(2) Copies of any changes, supplements to boundaries, or adopted amendments shall be sent to all of the following entities:

a) The county register of deeds.

b) Township and county clerks.

c) The local building inspector.

d) Local soil erosion and sedimentation control enforcement agencies.

e) The conservation district.

f) County drain commissioner.

g) Zoning review board members.

(3) A local zoning ordinance that meets all of the requirements of Natural Rivers Part 305 of 1994 PA 451, and either 1943 PA 184, MCL 125.271, or 1943 PA 183, MCL 125.101, whichever is applicable, shall take precedence over these rules. If a local zoning ordinance does not meet all of the requirements of Natural Rivers Part 305 of 1994 PA 451, or if the local ordinance becomes inapplicable to the land area encompassed by the Pine river natural river district through court action or for any other reason, these rules shall apply. A local unit of government may, at any time, request the assistance of the department of natural resources in developing an ordinance that meets the requirements of Natural Rivers Part 305 of 1994 PA 451. The director shall determine if a local ordinance meets all of the requirements of Natural Rivers Part 305 of 1994 PA 451, and shall notify the local unit of government of his or her decision in writing. If the director withdraws his or her approval of a local zoning ordinance, these rules shall apply.

History

• History: 2004 AACS.

Mich. Admin. Code R 281.120 Boardman river system boundaries {#sec-r-281.120 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.120}

Rule 70. The boundaries of the Boardman river natural river district shall be as described in these rules and as depicted on the certified Boardman river natural river zoning map with an effective date of June 2, 1980. The Boardman river natural river zoning district comprises an area which is described as follows:

(a) Mainstream of Boardman river from the confluence of the North Branch Boardman river and the South Branch Boardman river in section 4, T26N, R9W to Brown bridge dam in section 15, T26N, R10W.

(b) Mainstream of Boardman river from Brown bridge dam, section 15, T26N, R10W to the north boundary of Grand Traverse county property in section 27, T27N, R11W.

(c) North Branch Boardman river from U.S. 131 in section 20, T27N, R7W to the confluence with the South Branch Boardman river.

(d) South Branch Boardman river from U.S. 131 in section 16, T26N, R8W to the confluence with the North Branch Boardman river.

(e) Beitner creek from Sawyer road in section 8, T26N, R11W to its confluence with the Boardman river.

(f) Unnamed stream from the south line of section 9, T26N, R11W to its confluence with Beitner creek.

(g) Jaxon creek from the south line of section 31, T26N, R10W to its confluence with the Boardman river.

(h) Swainston creek from the west line of section 8, T25N, R10W to its confluence with the Boardman river.

(i) Jackson creek from Wood road in section 14, T25N, R10W to its confluence with East creek.

(j) East creek from the confluence of Bancroft and Parker creeks in section 36, T26N, R10W to its confluence with the Boardman river.

(k) Parker creek from the north line of the south ½ of section 31, T26N, R9W to the confluence with Bancroft creek.

(l) Bancroft creek from Sparling road in section 7, T25N, R9W to the confluence with Parker creek.

(m) Carpenter creek from County road 660 (Supply road) in 13 T26N, R9W to its confluence with Twenty-Two creek.

(n) Twenty-Two creek from the east line of section 27, T26N, R9W to its confluence with the Boardman river.

(o) Taylor creek from U.S. 131 in section 15, T26N, R9W to its confluence with the South Branch Boardman river.

(p) Unnamed stream from it source in section 16, T26N, R9W to its confluence with Taylor creek (q) Crofton creek from U.S. 131 in section 2, T26N, R8W to its confluence with the North Branch Boardman river.

(r) Failing creek from U.S. 131 in section 30, T27N, R7W to its confluence with the North Branch Boardman river.

(s) All lakes, ponds, impoundments or other surface water bodies not traditionally considered rivers, streams or creeks if they are a contiguous part of the stream segments listed in subdivisions (a) to (r) of this rule.

(t) The lands lying within 400 feet of the river's edge as described in subdivisions (a) to (s) of this rule.

History

• History: 2013 AACS.

Mich. Admin. Code R 281.121 Boardman river system principal uses; natural vegetation strip {#sec-r-281.121 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.121}

Rule 71. (1) A principal use is allowed by right, but requires the issuance of a zoning permit by the zoning administrator. A principal use includes all of the following:

(a) A single-family dwelling or short-term rental facility with the following provisions:

(i) The minimum building setback shall be not less than 150 feet from the ordinary highwater mark on the mainstream from the confluence of the north Branch and South Branch to Brown bridge dam, and 100 feet from the ordinary high-water mark on the mainstream from Brown bridge dam to the north boundary of Grand Traverse county property in section 27, T27N, R11W, Garfield township and on all other designated tributaries except as described in R 281.57.

(ii) Dwellings shall be set back not less than 25 feet from the top of a bluff on the noncutting edge of a stream and not less than 50 feet from the top of a bluff on the cutting edge of a stream.

(iii) Building shall not take place on land that is subject to flooding or in any wetland area.

(iv) The natural contour of the face and crest of the bluff shall not be altered.

(v) The land between the crest of the bluff and the minimum building setback line shall not be altered except for minor landscaping activities.

(b) Accessory buildings and appurtenances that meet the setback and other development requirements of subdivision (a) of this subrule.

(c) One private boat dock per parcel, unless otherwise provided for in these rules, subject to R 281.57.

(d) One private river access stairway per parcel, subject to R 281.57.

(e) Utility lines to service a single-family dwelling or short-term rental facility.

(f) A disposal field, septic tank, and outhouse, with the following provisions:

(i) A septic tank and disposal field meet local health department standards.

(ii) A disposal field located not less than 100 feet from the ordinary high-water mark and not less than 50 feet from any surface or subsurface drain that discharges into the Boardman river or its designated tributaries, and not located within the 100-year floodplain, a wetland area, or the natural vegetation strip.

(iii) A septic tank shall not be closer to the river than the dwelling it serves and shall not be located within a wetland area.

(iv) An outhouse constructed using a watertight waste containment system that allows waste to be pumped and hauled to an appropriate disposal site, shall not be located less than 100 feet from the ordinary high-water mark and any surface or subsurface drain that discharges into the Boardman river or its designated tributaries, and not located within the 100-year floodplain, a wetland area, or the natural vegetation strip.

(v) Drywells and earth privies are not permitted unless authorized by the local health department, are a minimum of 100 feet from the ordinary high-water mark, and the bottom of the pit or seepage bed is at least 4 feet above the seasonal high groundwater table.

(vi) An alternative on-site treatment system that results in a higher level of treatment than a conventional system may not be located less than 50 feet from the river’s edge on designated tributaries provided no part of the system is in a wetland or the 100-year floodplain.

(vii) Disposal of sludge from any wastewater treatment system is prohibited in the natural river district.

(g) Mining and extracting industries, if all land disturbances, structures, and other activities related to the industry are located more than 300 feet from the ordinary highwater mark.

(h) A land division, if any lot created after June 2, 1980, with all the following provisions:

(i) Is accessible by a public road or legal easement on at least 1 side of the stream.

(ii) On all designated segments has at least 200 feet of river frontage, unless a riverfront “common area” subject to a conservation easement is established, or a parcel does not have river frontage, in which case this dimension shall be measured at the point of the parcel closest to the river, and is at least 200 feet wide at the minimum building setback line.

(iii) Contains at least 40,000 square feet of area within the natural river district. Any “common area” created or any bottomlands shall not be used in any calculations related to minimum parcel area. If a parcel does not have river frontage, and the front line of the parcel is greater than 150 feet from the river’s edge at all points, this subdivision does not apply, and the minimum parcel width will be measured at the front lot line.

(iv) Has sufficient depth and upland area to accommodate the required building setbacks pursuant to this rule.

(v) A lot that exists on June 2, 1980, shall not be subdivided or reduced in dimension or area below the minimum requirements of this rule. Any lot created after June 2, 1980, shall meet the minimum requirements of this rule, except as provided in R 281.56.

(i) Home occupations and home-based occupations, subject to R 281.57.

(j) Land alteration, subject to R 281.57.

(k) Bridges, subject to R 281.58.

(l) Forest management activities within the natural vegetation strip, subject to R 281.57.

(m) A boardwalk that meets the minimum building setback requirements in this subdivision and a boardwalk associated with a footpath to the river’s edge, subject to R 281.57.

(n) Bank stabilization and fisheries habitat improvement activities, subject to R 281.57.

(2) Within the Boardman river natural river district, a natural vegetation strip that includes the river and all lands within 75 feet of the ordinary high-water mark shall be maintained on each side of the mainstream from the confluence of the north Branch and South Branch to Brown bridge dam. A restrictive cutting belt that includes the river and all lands within 50 feet of the ordinary high-water mark shall be maintained on each side of the mainstream from Brown bridge dam to the north boundary of Grand Traverse county property in section 27, T27N, R11W, Garfield township and on all other designated tributaries. Cutting in the natural vegetation strip is subject to the provisions of R 281.57.

History

• History: 2013 AACS.

Mich. Admin. Code R 281.130 Pere Marquette river system boundaries {#sec-r-281.130 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.130}

Rule 80. The boundaries of the Pere Marquette river natural river district shall be as described in these rules and as depicted on the certified Pere Marquette river natural river zoning map with an effective date of July 15, 1981. The Pere Marquette river natural river zoning district comprises an area which is described as follows:

(a) The mainstream of the Pere Marquette from the junction of the middle Branch and the little South Branch, commonly known as the "forks" located in section 22, T17N, R13W to Pere Marquette road in section 25, T18N, R18W, excluding that portion of the river within the city of Scottville.

(b) Swan creek from Darr road section 5, T17N, R16W to its confluence with the Pere Marquette river.

(c) Weldon creek from the outfall of Romeo lake in section 9, T18N, R15W to its confluence with the Pere Marquette river.

(d) The Big South Branch from the confluence of Beaver creek with Winnepesaug creek in section 11, T15N, R14W to its confluence with the Pere Marquette river.

(e) Cedar creek from M-37 in section 3, T16N, R13W to its confluence with the Big South Branch.

(f) Ruby creek from its source in section 6, T16N, R15W to its confluence with the Big South Branch.

(g) Carr creek, excluding that portion of the stream which branches north in section 14, T17N, R15W, from Tyndal road in section 18, T17N, R14W to its confluence with the Big South branch.

(h) Sweetwater creek from its source in section 21, T18N, R14W to its confluence with the Pere Marquette river.

(i) Kinney creek from the outfall of Wingleton lake in section 31, T18N, R13W to its confluence with the Pere Marquette river.

(j) Danaher creek from the C & O railroad in section 27, T17N, R13W to its confluence with the Pere Marquette river.

(k) The Baldwin river, excluding that portion in the village of Baldwin, from the outfall of the widewaters in section 32, T19N, R12W to its confluence with the Pere Marquette river.

(l) North Branch of Cole creek, from big spring in section 15, T18N, R12W to its confluence with the South Branch of Cole creek.

(m) South Branch of Cole creek from the west line of section 22, T18N, R12W to its confluence with the North Branch of Cole creek.

(n) Cole creek from the confluence of the North and South Branches of Cole creek in section 20, T18N, R12W to its confluence with the Baldwin river.

(o) Bray creek from the outfall of Bray lake in section 26, T18N, R13W to its confluence with the Baldwin river.

(p) Sanborn creek, excluding that portion in the village of Baldwin, from State road in section 24, T18N, R12W to its confluence with the Baldwin river.

(q) Leverentz creek from the outfall of Leverentz lake in section 35, T18N, R13W to its confluence with the Baldwin river.

(r) The middle branch from Baker road in section 8, T17N, R11W downstream to the "forks."

(s) Blood creek from its source in section 16, T17N, R12W to its confluence with the middle Branch.

(t) The Little South branch from U.S. forest service road 5309 in section 9, T15N, R12W, downstream to the "forks."

(u) McDuffee creek from 13 mile road in section 34 T16N, R12W, downstream to its confluence with the Little South Branch.

(v) The Pease creek from the south line of section 34, T17N, R12W, and from the east line of section 7, 16N, R11W to its confluence with the Little South Branch.

(w) All lakes, ponds, impoundments or other surface water bodies not traditionally considered rivers, streams or creeks if they are a contiguous part of the stream segments listed in subdivisions (a) to (v) of this rule.

(x) The lands lying within 400 feet of the river's edge as described in subdivisions (a) to (w) of this rule.

History

• History: 2013 AACS.

Mich. Admin. Code R 281.131 Pere Marquette River system principal uses; natural vegetation strip {#sec-r-281.131 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.131}

Rule 81. (1) A principal use is allowed by right, but requires the issuance of a zoning permit by the zoning administrator. A principal use includes all of the following:

(a) A single-family dwelling or short-term rental facility with all the following provisions:

(i) The minimum building setback shall be not less than 150 feet from the ordinary highwater mark on the mainstream, the Big South Branch, the Little South Branch, the Middle Branch, and the Baldwin river and 100 feet on all other designated tributaries except as described in R 281.57.

(ii) The setback may be decreased 1 foot for every 1 foot of rise in bank height to a minimum of 100 feet from the ordinary high-water mark on the mainstream and to a minimum of 75 feet from the ordinary high-water mark on all other designated tributaries.

(iii) A dwelling shall be set back not less than 25 feet from the top of a bluff on the noncutting edge of a stream and not less than 50 feet from the top of a bluff on the cutting edge of a stream.

(iv) Building shall not take place on land that is subject to flooding or in any wetland area.

(v) The natural contour of the face and crest of the bluff shall not be altered.

(vi) The land between the crest of the bluff and the minimum building setback line shall not be altered except for minor landscaping activities.

(b) Accessory buildings and appurtenances that meet the setback and other development requirements of requirements of subdivision (a) of this subrule.

(c) One private boat dock per parcel, unless otherwise provided for in these rules, subject to R 281.57.

(d) One private river access stairway per parcel, subject to R 281.57.

(e) Utility lines to service a single-family dwelling or short-term rental facility.

(f) A disposal field, septic tank, and outhouse, with all the following provisions:

(i) A septic tank and disposal field meet local health department standards.

(ii) A disposal field located not less than 150 feet from the ordinary high-water mark and not less than 50 feet from any surface or subsurface drain that discharges into the Pere Marquette river or its designated tributaries, and not located within the 100-year floodplain, a wetland area, or the natural vegetation strip.

(iii) A septic tank shall not be closer to the river than the dwelling it serves and shall not be located within a wetland area.

(iv) An outhouse constructed using a watertight waste containment system that allows waste to be pumped and hauled to an appropriate disposal site, shall be located not less than 100 feet from the ordinary high-water mark and any surface or subsurface drain that discharges into the Pere Marquette river or its designated tributaries, and not located within the 100-year floodplain, a wetland area, or the natural vegetation strip.

(v) Drywells and earth privies are not permitted unless authorized by the local health department, are a minimum of 100 feet from the ordinary high-water mark, and the bottom of the pit or seepage bed is at least 4 feet above the seasonal high groundwater table.

(vi) An alternative on-site treatment system that results in a higher level of treatment than a conventional system may be located not less than 50 feet from the river’s edge on designated tributaries, except the Little South branch, Big South branch, Middle branch and Baldwin river, provided no part of the system is in a wetland or the 100-year floodplain.

(vii) Disposal of sludge from any wastewater treatment system is prohibited in the natural river district.

(g) Mining and extracting industries, if all land disturbances, structures, and other activities related to the industry are located more than 300 feet from the ordinary highwater mark.

(h) A land division, for any lot created after July 15, 1981, with the following provisions:

(i) Is accessible by a public road or legal easement on at least 1 side of the stream.

(ii) On the mainstream, Big South branch, Little South branch, Middle branch, and Baldwin river, has at least 200 feet of river frontage (unless a riverfront “common area” subject to a conservation easement is established, or a parcel does not have river frontage, in which case this dimension shall be measured at the point of the parcel closest to the river) and is at least 200 feet wide at the minimum building setback line. On all other designated tributaries, has at least 150 feet of river frontage (unless a riverfront “common area” subject to a conservation easement is established, or a parcel does not have river frontage, in which case this dimension shall be measured at the point of the parcel closest to the river) and is at least 150 feet wide at the minimum building setback line.

(iii) Contains at least 50,000 square feet of area within the natural river district. Any “common area” created or any bottomlands shall not be used in any calculations related to minimum parcel area. If a parcel does not have river frontage, and the front line of the parcel is greater than 150 feet from the river’s edge at all points, this subdivision does not apply, and the minimum parcel width will be measured at the front lot line.

(iv) Has sufficient depth and upland area to accommodate the required building setbacks pursuant to this rule.

(v) A lot that exists on July 15, 1981, shall not be subdivided or reduced in dimension or area below the minimum requirements of this rule. Any lot created after July 15, 1981, shall meet the minimum requirements of this rule, except as provided in R 281.56.

(i) Home occupations and home-based occupations, subject to R 281.57.

(j) Land alteration, subject to R 281.57.

(k) Bridges, subject to R 281.58.

(l) Forest management activities within the natural vegetation strip, subject to R 281.57.

(m) A boardwalk that meets the minimum building setback requirements in this subdivision and a boardwalk associated with a footpath to the river’s edge, subject to R 281.57.

(n) Bank stabilization and fisheries habitat improvement activities, subject to R 281.57.

(2) Within the Pere Marquette river natural river district, a natural vegetation strip that includes the river and all lands within 75 feet of the ordinary high-water mark shall be maintained on each side of the Pere Marquette river mainstream, Big South branch, Little South branch, Middle branch and Baldwin river. A restrictive cutting belt that includes the river and all lands within 50 feet of the ordinary high-water mark shall be maintained on each side of all other designated tributaries. Cutting in the natural vegetation strip is subject to R 281.57.

History

• History: 1992 AACS; 2013 AACS.

Mich. Admin. Code R 281.132 Purpose; intent; scope {#sec-r-281.132 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.132}

Rule 2. (1) The commission, on its own motion, to implement the intent of Act No. 231 of the Public Acts of 1970, being S281.761 et seq. of the Michigan Compiled Laws, and in the absence of local zoning to protect the Betsie river, a designated natural river, promulgates these zoning rules for the following purposes:

(a) To promote the public health, safety, and general welfare, to prevent economic and ecological damage due to misuse, unwise development patterns, overcrowding, and overuse within the natural river district, and to preserve the values of the natural river district for the benefit of present and future generations.

(b) To protect the free-flowing condition, fish, aquatic and wildlife resources, water quality, scenic and aesthetic qualities, and historical and recreational values of the Betsie river and adjoining land.

(c) To prevent flood damage due to interference with the natural floodplain characteristics by excluding developments which are vulnerable to flood damage and which may reduce the capacity of the floodway of the river to withstand flooding conditions.

(d) To provide for uses that complement the natural characteristics of the natural river system.

(e) To protect individuals from investing funds in structures that are proposed for location on lands which are unsuited for such development because of high groundwater, erosion, or vulnerability to flood damage.

(f) To achieve the goals and objectives of the Betsie river natural river plan.

(2) It is the general intent of these rules to define terms used and to regulate and restrict lot coverage and use, population distribution and density, and the size and location of all structures by the delineation of permitted uses and development standards so as to promote the purposes identified in this rule. It is further intended to provide for the administration and enforcement of these rules and to provide penalties for their violation.

(3) It is not the intent of these rules to revoke, annul, cancel, or in any way impair or interfere with existing provisions of law, ordinances, or any rules, regulations, or premises or with any private restrictions placed upon property by covenant or deed.

However, where such provisions of law are less restrictive than the provisions of Act No. 231 of the Public Acts of 1970, being S281.761 et seq. of the Michigan Compiled Laws, and the rules promulgated thereunder, the provisions of Act No. 231 of the Public Acts of 1970, and the rules promulgated thereunder shall apply.

History

• History: 1992 AACS.

Mich. Admin. Code R 281.133 Construction of language; severability {#sec-r-281.133 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.133}

Rule 3. (1) All of the following rules of construction apply to the text of these rules:

(a) The particular shall control over the general.

(b) In the case of any difference of meaning or implication between the text of these rules and any caption or illustration, the text shall control.

(c) The word "shall" is always mandatory and not discretionary. The word "may" is permissive.

(d) Words used in the present tense shall include the future. Words used in the singular number shall include the plural and the plural the singular, unless the context clearly indicates the contrary.

(e) A "building" or "structure" includes any part thereof.

(f) The phrase "used for" includes "arranged for," "designed for," "intended for,"

"maintained for," or "occupied for."

(g) The word "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity.

(h) Unless the context clearly indicates the contrary, where a regulation involves 2 or more items, conditions, provisions, or events connected by the conjunction "and," "or," or "either ... or," the conjunction shall be interpreted as follows:

(i) "And" indicates that all of the connected items, conditions, or provisions shall apply.

(ii) "Or" indicates that the connected items, conditions, provisions, or events may apply singularly or in any combination.

(iii) "Either ... or" indicates that the connected items, conditions, provisions, or events shall apply singularly, but not in combination.

(i) Terms not defined in these rules shall have the meanings customarily assigned to them.

(2) In any case in which the provisions of these rules are declared by the courts to be unconstitutional or invalid, such ruling shall not affect the validity of the remaining provisions of these rules and to this end the provisions of these rules are declared to be severable.

History

• History: 1992 AACS.

Mich. Admin. Code R 281.134 Lot size and area; subdivision of land; home occupations; natural vegetation strip; signs; docks; height of structures {#sec-r-281.134 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.134}

Rule 4. (1) Unless otherwise provided for within these rules, any lot or parcel of property created after the effective date of these rules, or amendments thereto, shall have a minimum area of 50,000 square feet and a minimum average width of 200 feet throughout the length of the lot or parcel. The average lot width shall be based on the average of the combined widths of the front and rear lot lines.

(2) A lot that exists on the effective date of this rule, or amendment thereto, shall not be subdivided or reduced in dimension or area below the minimum requirements of these rules. Lots that are created after the effective date of this rule shall meet the minimum requirements of these rules, except as provided in subrules (3) and (4) of this rule.

(3) Proposed lots which have preliminary plat approval pursuant to the provisions of Act No. 288 of the Public Acts of 1967, as amended, being S560.101 et seq. of the Michigan Compiled Laws, but which do not meet the dimensional requirements of these rules on their effective date, shall, on final plat approval, be issued a permit subject to the requirements provided in R 281.139.

(4) Lots of record which are created before the effective date of these rules, or amendments thereto, and which do not possess sufficient land area or lot width may be used for the purposes described within these rules, subject to the requirements provided for in R 281.139.

(5) Home occupations shall conform to both of the following requirements:

(a) The use of the dwelling unit, or related structure, for the home occupation shall be clearly incidental and subordinate to its use for residential purposes. The home occupation shall not occupy more than 30% of the aboveground floor area of the dwelling unit. This requirement shall apply whether the home occupation is contained wholly within the dwelling unit or utilizes a garage.

(b) Equipment or a process shall not be used in a home occupation that is conducted in a single-family dwelling unit or its associated garage if it creates noise, vibration, glare, fumes, odors, or electrical interference that is detectable to the normal senses off the premises and shall not be used in a home occupation that is conducted in other than a single-family dwelling unit or an associated garage if it creates noise, vibration, glare, fumes, odors, or electrical interference that is detectable to the normal senses outside the dwelling unit.

(6) Within the natural river district, not less than a 50-foot restrictive cutting belt shall be maintained on each side of the main stream of the Betsie river and its designated tributaries. Trees and shrubs may be pruned for a filtered view of the river, but clear cutting in the natural vegetation strip is prohibited. The natural vegetation strip is also subject to all of the following provisions:

(a) Dead, diseased, unsafe, or fallen trees and noxious plants and shrubs, including poison ivy and poison sumac, may be removed.

(b) The selected removal or trimming of trees for timber harvest, access or woodlot improvements, landscaping, or public utility lines to service private single-family dwellings and other permitted uses is permitted upon approval of the zoning administrator.

(c) Camping is not permitted in the natural vegetation strip.

(7) Signs shall not be visible from the river, except:

(a) "No Trespassing" signs if the signs are not more than 1 square foot in area and are spaced a minimum of 100 feet apart.

(b) One identification sign of rustic design, associated with a canoe livery, campground or rental cabins, which is not more than 6 square feet in area. The sign shall be for the purpose of identification of a designated watercraft landing site and shall be located at the designated landing site.

(c) Signs posted by public agencies to provide for public safety such as warning of impending dangers in the river, or to identify a public access site or campground. Such signs may need to be larger than 6 square feet in area to accomplish their designated purpose. Signs which identify a public access site or campground shall be of rustic design.

(8) Private boat docks shall be in compliance with all of the following requirements:

(a) Docks shall not be more than 4 feet in width and not more than 20 feet in length, with not more than 4 feet of the dock extending over the edge of the river.

(b) Docks shall be designed, constructed, and maintained to blend with the natural surroundings. The use of natural, native materials is encouraged.

(c) Unless provided for within these rules, only 1 dock shall be constructed per lot.

(9) Unless otherwise provided for within these rules, a structure shall not be more than 2 1/2 stories in height, not including a basement.

History

• History: 1992 AACS.

Mich. Admin. Code R 281.135 Boundaries; interpretation of boundaries; filing of zoning map {#sec-r-281.135 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.135}

Rule 5. (1) The boundaries of the Betsie river natural river district shall be as described in these rules and as depicted on the certified Betsie river natural river zoning map. The Betsie river natural river zoning district comprises an area which is described as follows:

(a) The Betsie river from Grass lake dam in section 2, T25N, R13W, in Benzie county to its mouth at Betsie lake in section 35, T26N, R16W, including Thompsonville pond.

(b) The Little Betsie river from its headwaters in section 24, T25N, R13W, in Benzie county to its confluence with the Betsie river in section 25, T25N, R14W.

(c) Dair creek from its headwaters in section 15, T25N, R14W, in Benzie county to its confluence with the Betsie river in section 19, T25N, R14W.

(d) The lands lying within 400 feet of the river's edge which are enumerated in subdivisions (a) to (c) of this subrule.

(2) Where uncertainty exists with respect to the boundaries of the district as shown on the zoning map, all of the following provisions shall apply:

(a) Boundaries that are indicated as approximately following the centerline of streets or highways shall be construed to follow the centerline.

(b) Boundaries that are indicated as approximately following lot lines shall be construed as following the lot lines.

(c) Boundaries that are indicated as approximately following city, village, township, or county boundary lines shall be construed as following the city, village, township, or county boundary lines.

(d) Boundaries that are indicated as following railroad lines shall be construed to be midway between the right-of-way lines.

(e) Boundaries that are indicated as following shorelines shall be construed to follow the shorelines, and, in the event of change in the shorelines, shall be construed as moving with the actual shorelines. Boundaries that are indicated as approximately following the centerline of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow the centerline.

(f) Boundaries that are indicated as parallel to or extensions of features specified in subdivisions (a) to (e) of this subrule shall be so construed. Distances that are not specifically indicated on the official zoning map shall be determined by the scale of the map.

(g) Where physical or natural features that exist on the ground are at variance with those shown on the official zoning map or in other circumstances are not covered by the provisions of subdivisions (a) to (f) of this subrule, the zoning review board shall interpret the district boundaries.

(h) Insofar as a portion or all of the district may be indicated on the zoning map by a pattern which, for the sake of map clarity, does not cover public rights-of-way, it is intended that the district boundaries do extend to the center of any public right-ofway.

(3) Certified copies of the Betsie river natural river zoning map shall be filed with all of the following entities:

(a) The state tax commission.

(b) Local tax assessing officers.

(c) Township and county clerks.

(d) The natural rivers unit of the Michigan department of natural resources.

History

• History: 1992 AACS.

Mich. Admin. Code R 281.136 Zoning permits; site plans; certificates of zoning compliance {#sec-r-281.136 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.136}

Rule 6. (1) A building or other structure shall not be erected, moved, added to, or structurally altered, and a land use shall not be commenced, without a zoning permit as specified by these rules and as issued by the zoning administrator. Permits shall not be required for exempt activities as specified in R 281.137(1). Plans that are submitted when applying for a zoning permit shall contain the necessary information for determining compliance with these rules.

(2) Concurrent with applying for a zoning permit, an applicant shall submit a site plan of the proposed development. The site plan shall include the entire area that is proposed for development. The zoning administrator, in the case of a principal use application, or the zoning review board, in the case of a special use application, shall have the authority to require adjustments in the site plan as a condition for approval to ensure that the proposed development meets all standards contained in these rules. Except as otherwise waived by the zoning administrator, in the case of a principal use application, or the zoning review board, in the case of a special use application, a site plan shall show and include all of the following, either existing or proposed:

(a) A site plan drawn to scale, with the scale indicated.

(b) Property dimensions.

(c) The size, shape, use, and location of existing and proposed buildings or improvements, including distances to adjacent property boundaries and the river's edge.

(d) Existing vegetation, including the location and type.

(e) Adjacent streets and highways.

(f) Parking areas.

(g) Bluff heights.

(h) Entrances to public streets.

(i) A description of the building design, including proposed construction materials.

(j) Drainage facilities.

(k) The location and description of the method to dispose of sanitary wastes.

(l) Proposed landscaping.

(m) The location of footpaths.

(n) Signs proposed, including the size, location, and material.

(o) North arrow.

(p) Date of drawing.

(q) Detailed site location map.

(r) Any additional information deemed by the zoning administrator or zoning review board to be necessary to carry out the administrator's or board's duties.

Examples of such information include the following:

(i) Soil types.

(ii) Topography.

(iii) Building elevations.

(iv) Site photographs.

(v) Anticipated traffic volumes.

(vi) Traffic circulation patterns.

(vii) Other pertinent site information.

(3) A building, structure, or lot for which a zoning permit has been issued shall not be occupied, and a use for which a zoning permit has been issued shall not commence, until the zoning administrator has, after final inspection, issued a certificate of zoning compliance indicating compliance with all of the provisions of these rules. However, the issuance of a certificate of compliance shall not be construed as waiving any provision of these rules. A building that is accessory to a dwelling shall not require a separate certificate of zoning compliance, but may be included in the certificate of zoning compliance for the dwelling if shown on the site plan and if completed at the same time as the dwelling. A record of all certificates that are issued shall be kept on file in the office of the zoning administrator. Certificates of zoning compliance are for the purposes of these rules and shall not be interpreted as substitutes for certificates of occupancy that are required by local building codes.

History

• History: 1992 AACS.

Mich. Admin. Code R 281.137 Land use and development standards {#sec-r-281.137 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.137}

Rule 7. Land uses within the natural river district are classified as exempt, principal, or special uses and are described as follows:

(a) Exempt uses are uses which are permitted by right and which are not subject to the receipt of a zoning permit. Exempt uses include all of the following:

(i) Private, noncommercial recreation which does not involve permanent structures, equipment, or other devices, but which includes camping, boating, fishing, hunting, and other similar activities.

(ii) Reforestation and other accepted forest management practices, subject to the limitations specified in R 281.134(6)(b).

(iii) Agriculture, including general and specialized farming, unless the bureau of environmental protection of the Michigan department of natural resources determines that such use will significantly contribute to stream degradation.

(iv) The operation of licensed motor vehicles on dedicated public roads or private roads that are designed to provide access to a permitted use.

(v) The off-road operation of emergency and public utility maintenance vehicles. The off-road operation of other motorized vehicles is prohibited in the natural vegetation strip as specified in R 281.134(6).

(vi) Private footpaths that are constructed by the landowner of natural materials to facilitate access to permitted uses.

(vii) Signs, subject to the provisions of R 281.134(7).

(b) Principal uses are uses which are allowed by right, but which require the issuance of zoning permits by the zoning administrator. Principal uses include all of the following:

(i) Single-family dwellings, if all of the following provisions are complied with:

(A) Only 1 dwelling shall be permitted per lot of record.

(B) Each lot shall be not less than 50,000 square feet.

(C) The dwelling lot shall have a minimum average width of 200 feet throughout its length.

(D) Building setback for lots, including all appurtenances and accessory buildings, shall be not less than 200 feet from the ordinary high watermark on the main stream and 100 feet on the Little Betsie river and Dair creek. The setback may be decreased 5 feet for every 1 foot of rise in bank height above 5 feet above the ordinary high watermark, to a minimum of 150 feet from the ordinary high watermark on the main stream. Buildings and appurtenances shall be set back not less than 25 feet from the top of a bluff on the noncutting edge of a stream and not less than 50 feet from the top of a bluff on the cutting edge of a stream. Building shall not take place on land that is subject to flooding.

(ii) Accessory buildings that meet the setback requirements of paragraph (i) of this subdivision.

(iii) A private boat dock.

(iv) Utility lines to service private, single-family dwellings.

(v) Disposal fields and septic tanks, if all of the following provisions are complied with:

(A) The fields and tanks shall be located not less than 150 feet from the ordinary high watermark.

(B) A septic tank or absorption field shall not be located closer than 100 feet to any surface or subsurface drainage system that enters into the Betsie river or its designated tributaries.

(C) The bottom of the pit associated with an earth privy shall not be less than 4 feet above the known high groundwater table.

(vi) Mining and extracting industries, if located not less than 300 feet from the ordinary high watermark.

(vii) Residential single-family dwelling plats, if the minimum standards specified in paragraph (i) of this subdivision are met.

(viii) Home occupations.

(ix) Land alteration, such as grading, dredging, and filling of the land surface, unless the high groundwater table is within 4 feet of the existing natural land surface.

(c) The Betsie river natural river plan and these rules recognize that certain types of residential, recreational, and commercial uses may be appropriate for the natural river district that have not been identified under the exempt and principal uses provisions of this rule. Such uses may result in intensities of development and use higher than would be anticipated under the exempt and principal uses. To ensure that such uses do not contravene the goals and objectives of the Betsie river natural river plan and these rules such uses shall be referred to as special uses and shall be subject to the review and approval of the zoning review board. Special uses and their development standards include all of the following:

(i) Detached rental cabins, if all of the following provisions are complied with:

(A) The number of cabins permitted shall be based on the rate of 1 cabin per 200 feet of river frontage. Clustering of rental cabins is encouraged; however, the ratio of 1 cabin per 200 feet of river frontage shall not be exceeded.

(B) Each cabin and all associated buildings, structures, or other related devices shall be set back a minimum 200 feet from the ordinary high watermark.

(C) Fences and greenbelts may be required by the zoning review board for rental cabins that are adjacent to existing residential uses. Fencing shall be constructed of natural material. Greenbelts shall consist of plant material that is indigenous to the area or as approved by the zoning review board.

(D) Boat docks may be erected for the private use of occupants of the rental cabins and their guests. Docks shall be in compliance with the requirements of R 281.134 and both of the following provisions:

(1) Docks may be constructed at the rate of 1 dock for each permitted rental cabin.

(2) Access to a dock or docks shall be along a single designated footpath to minimize disruption of the natural vegetation strip.

(ii) Campgrounds, including tents, travel trailers, campers, and motor homes, with associated noncommercial buildings, cement pads, and utility hookups, if all of the following provisions are complied with:

(A) Campgrounds shall be constructed and maintained in accordance with all applicable state regulations.

(B) A commercial enterprise shall not be permitted to operate in the campground within the natural river district, except that a convenience goods shopping building that is not more than 1,500 square feet may be provided. The building shall not be more than 1 story in height.

(C) Each site and all associated buildings, structures, and other related devices shall be set back a minimum of 200 feet from the ordinary high watermark.

(D) Fences and greenbelts may be required by the zoning review board for campgrounds that are adjacent to existing residential uses. Fencing shall be constructed of natural material. Greenbelts shall consist of plant material that is indigenous to the area or as approved by the zoning review board.

(E) A camping site shall not have more than 4 sites per acre. Clustering of campsites is encouraged; however, the ratio of 4 sites per acre shall not be exceeded.

(F) Boat docks may be erected for the private use of the occupants of the campsites and their guests if both of the following provisions are complied with:

(1) The total number of docks shall not be more than 1 dock for each 200 feet of river frontage.

(2) Access to the dock or docks shall be along a single designated footpath to minimize disruption of the natural vegetation strip.

(iii) Canoe, boat, and other watercraft liveries, if all of the following provisions are complied with:

(A) Parked vehicles and off-season canoe and boat storage areas shall not be visible from the river.

(B) Boat docks may be erected at the ratio of 1 dock per 200 feet of river frontage.

(C) Other than the rental of watercraft, other commercial enterprises shall not be permitted to operate.

(D) A rental office which is associated with the operation of the livery and which does not have more than 225 square feet may be constructed. The building shall not be more than 1 story in height.

(E) Access to the dock or docks or place of river entry from the canoe or boat rental office shall be along a single designated footpath to minimize disruption of the natural vegetation strip.

History

• History: 1992 AACS.

Mich. Admin. Code R 281.138 Application and approval; procedures and standards; principal uses and special uses {#sec-r-281.138 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.138}

Rule 8. (1) An application for a principal use shall be submitted and processed under the following procedures:

(a) An application for a principal use shall be made on an application form that is available from the zoning administrator and shall be returned to the zoning administrator.

A completed application shall contain all of the following information:

(i) A completed application form that is signed by the applicant or the applicant's representative.

(ii) Two copies of a site plan that meets the requirements of R 281.136(2).

(iii) Evidence of ownership or a legal interest in the property that is affected by the application for a principal use.

(b) Within 15 days of receipt of an application for a principal use, the zoning administrator shall notify the applicant of the need for additional information.

(c) Within 30 days of receipt of a completed application, the zoning administrator shall issue or deny a permit. If a permit is denied, notice of the denial, together with the reasons for the denial, shall be sent to the applicant.

(d) Concurrent with the issuance of a zoning permit, an applicant shall receive a copy of the approved site plan.

(e) Before commencing construction of a principal use, an applicant shall display the permit required by these rules face out in a conspicuous place facing the nearest street or roadway and shall display it continuously until the purpose for which the permit was issued is completed.

(f) Zoning permits are valid for 1 year and are not transferable. All buildings shall be completed within 1 year from the date of issuance of the zoning permit. However, 1 extension may be authorized by the zoning administrator, in writing, for a period of not more than 6 months if conditions pertaining to the issuance of the original permit remain unchanged. Application for an extension shall be made before permit expiration. Any subsequent extensions shall have the written approval of the zoning review board.

(2) An application for a special use permit shall be submitted and processed under the following procedures:

(a) An application for a special use permit shall be made on an application form that is available from the zoning administrator and shall be returned to the zoning administrator. A completed application shall contain all of the following information and attachments:

(i) A completed application form that is signed by the applicant or the applicant's representative.

(ii) Eight copies of a site plan that meets the requirements of R 281.136(2).

(iii) Evidence of ownership or a legal interest in the property that is affected by the application for a special use.

(iv) A list of all property owners, together with their addresses, who are located within 300 feet of the applicant's property which is being considered for a special use.

(b) The application, together with the required attachments, shall be submitted not less than 30 days before the meeting of the zoning review board at which the application is to be considered.

(c) The zoning review board shall conduct at least 1 public hearing and shall require all of the following notifications of such hearing to be made not less than 5, nor more than 15, days before consideration of the special use application:

(i) One notice shall be published in a newspaper that circulates in the township in which the proposal is located.

(ii) Notice shall be sent by first-class mail or personal delivery to the owners of property for which approval is being considered and to all persons who are identified in subdivision (a)(iv) of this subrule.

(iii) Notice shall also be sent to all of the following entities:

(A) The natural rivers unit of the Michigan department of natural resources.

(B) Local tax assessing officials.

(C) Township and county clerks.

(D) Local building inspectors.

(d) In considering a special use application, the zoning review board shall require that all of the following general standards, in addition to those specific standards established for each special use in R 281.137(c), be satisfied:

(i) That the purposes noted in R 281.132 are accomplished.

(ii) That a compelling reason exists to locate the proposed use within the district boundaries if contiguous property under the same ownership is available outside the district.

(iii) That the proposed use in combination with other existing uses will not be a detriment to the public health, safety, and welfare.

(e) The zoning review board may impose conditions deemed necessary to accomplish the general and specific standards applicable to the proposed use.

(f) The concurring vote of a majority of the members of the zoning review board shall be required to approve a special use.

(g) A special use that is granted by the zoning review board shall be valid for 1 year from the date of approval. If construction has not, in the opinion of the zoning review board, commenced and proceeded meaningfully at the end of the 1-year period, the zoning administrator shall notify the applicant, in writing, of the expiration of the special use approval.

(h) If it is determined by the zoning review board that the applicant has failed to comply with any of the requirements of these rules or the approval granted, the board, after a public hearing held in accordance with the provisions of subdivision (c) of this subrule, may revoke any special use approval.

(i) An application for a special use which has been denied by the zoning review board shall not be submitted for reconsideration unless, in the opinion of the zoning administrator, new and significant facts and conditions exist which might result in favorable action upon resubmission.

(j) Concurrent with the issuance of a special use permit, an applicant shall receive a copy of the approved site plan, with conditions, if any.

(k) Before commencing construction of a special use, an applicant shall display the permit required by these rules face out in a conspicuous place facing the nearest street or roadway and shall display it continuously until the purpose for which the permit was issued is completed.

History

• History: 1992 AACS.

Mich. Admin. Code R 281.139 Variances and variance hearings {#sec-r-281.139 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.139}

Rule 9. (1) A dimensional variance from any standard established in these rules may be granted by the zoning review board after a public hearing or in certain instances by the zoning administrator as provided in subrule (3) of this rule to allow a modification of a standard that establishes an area, yard, height, floor space, frontage, setback, or similar numerical restriction, but only after substantive evidence establishes that there are practical difficulties in carrying out the strict letter of these rules. A variance shall be permitted only when it is consistent with the general purposes and intent of these rules.

(2) The zoning review board or zoning administrator shall consider all of the following factors in determining if there are practical difficulties in carrying out the strict letter of these rules as specified in subrule (1) of this rule:

(a) How substantial the variance is in relation to the zoning requirements.

(b) Whether a substantial change will be affected in the character of the area or a substantial detriment created for adjoining properties.

(c) Whether the difficulty can be overcome by some feasible method other than a variance.

(d) Whether, in view of the manner in which the difficulty arose, and considering all of the factors specified in subdivisions (a) to (c) of this subrule, the interests of justice will be served by allowing the variance.

(e) Whether the plight of the landowner is due to circumstances which are unique to his or her property and which are not created by the landowner.

(f) Whether the variance may result in a material adverse effect on the environment.

(3) For the purposes of these rules, the required hearing and review of a variance request by the zoning review board shall be waived for certain minor dimensional variances of principal uses, including legal nonconforming uses. Such variances shall be handled by the zoning administrator, who shall consider the provisions of subrule (2) of this rule in making a determination. The zoning administrator shall prepare a written finding of fact that details the reasons for approval or denial of the minor variance request. Minor variances include the variances specified in the following provisions:

(a) Reductions in setbacks for uses on lawful lots that are not more than 25% of the normal dimensional requirements. Such uses shall include principal or accessory buildings or structures and any portion thereof, including additions, porches, and steps.

(b) Reductions in setbacks for uses on lawful nonconforming lots, including lots within subdivisions, that are not more than 25% of the normal dimensional requirements. Such uses shall include principal or accessory buildings or structures and any portion thereof, including additions, porches, and steps. Conditions may be imposed on an applicant before granting a variance. Such conditions shall be in writing and signed by the applicant before the applicant receives a variance.

(4) A land use variance is a land or building use in contravention of any of the use requirements of these rules. The zoning review board may, after a public hearing, grant a variance upon a finding of unnecessary hardship, which may be found upon substantial evidence being submitted that all of the following factors exist:

(a) The property cannot be used in a manner that is consistent with existing zoning.

(b) The hardship results from the application of these rules to the applicant's property.

(c) The hardship of which the applicant complains is suffered by his or her property directly and is not shared by others.

(d) The hardship is not the result of the applicant's own actions.

(e) The hardship is peculiar to the applicant's own property.

(5) In determining whether reasonable use may be made of the property as zoned, a reasonable economic return may be a factor which could be considered, but only if the applicant is in compliance with the provisions of subrules (1) to (4) of this rule.

Whether any weight shall be given to the economic return factor shall be dependent on a determination that the owner has been deprived of all beneficial use of his or her property under existing zoning.

(6) The zoning review board shall, after finding that unnecessary hardship exists, also find that, based on adequate evidence, the proposed use meets all of the following conditions:

(a) The use will be consistent with and in accordance with the general objectives of the Betsie river natural river plan.

(b) The use will be designed, constructed, operated, and maintained so as to be consistent with and appropriate in appearance with the existing or intended character of the natural river district and that such use will not change the essential character of the natural river district.

(c) The use will be adequately served by existing essential public facilities and services, such as highways, police and fire protection, drainage structures, refuse disposal, and sanitation facilities, or that the persons or agencies that are responsible for the establishment of the proposed use shall be able to adequately provide any such service.

(d) The use will not involve uses, activities, processes, materials and equipment, and conditions of operation that will be detrimental to any persons, property, or the environmental quality of the district because of the excessive production of noise, smoke, fumes, glare, or odors or require the outdoor storage of raw materials or discarded materials produced in the use processes.

(e) The use will be consistent with the intent and purposes of these rules.

(f) The use or the structures to be used therefor will not cause an overcrowding of the land or an undue concentration of population that will result in degradation to the river and district.

(g) The use plot area is sufficient, appropriate, and adequate for the use and the reasonable anticipated operation and expansion thereof.

(7) Upon receipt of an application for a variance, the zoning review board shall conduct a hearing on the request, except as provided for in subrule (3) of this rule.

The hearing and notice procedure shall follow that established for special use applications by the provisions of R 281.138(2)(c). A decision shall be made within 30 days after the hearing to approve or deny the variance request. The zoning review board shall keep complete and detailed records of all its proceedings, which shall include the minutes of its meetings, its findings, and actions taken on each matter heard by it, including the final order. The order shall include the legal description of the property involved. Reasons for the decision shall be stated in writing. The board shall record the vote of each member on each question. If a member is absent or fails to vote, the board shall indicate such fact. All records shall be open for public inspection. The concurring vote of a majority of the members of the zoning review board shall be necessary to effect a dimensional variance in these rules, except that a concurring vote of 2/3 of the members of the board of appeals shall be necessary to grant a land use variance permitted in these rules.

(8) The zoning review board shall not issue a land use variance when the district allows the use as a special use.

(9) The effect of any variance shall be to create a nonconforming land use or structure which shall then be subject to the terms of R 281.140, which regulates continued use.

History

• History: 1992 AACS.

Mich. Admin. Code R 281.140 Rifle river system boundaries {#sec-r-281.140 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.140}

Rule 90. The boundaries of the Rifle river natural river district shall be as described in these rules and as depicted on the certified Rifle river natural river zoning map with an effective date of April 24, 1984. The Rifle river natural river zoning district comprises an area which is described as follows:

(a) The mainstream of the Rifle river from and including Mallard pond in section 2, R23N, R3E to the northern city limits of Omer in section 10, T19N, R5E, including all channels of the mainstream, except the old channels leading into and out of Devoe lake.

(b) Gamble creek from Heath road in section 25, T24 N, R3E, to Mallard pond.

(c) Vaughn creek from Heath road in section 27, T24N, R3E, to its confluence with Gamble creek.

(d) Oyster creek from Oyster road in section 22, T24N, R3E, to its confluence with Mallard pond.

(e) Mayhue creek from the pond in section 28, T24N, R3E, to its confluence with Oyster creek.

(f) Houghton creek from Heath road in 30, T24N, R3E, to its confluence with the Rifle river.

(g) Wilkins creek from Campbell road in section 11, T23N, R2E, to its confluence with the Rifle river.

(h) Prior creek from Morrison road in section 19, T23N, R3E, to its confluence with the Rifle river.

(i) Klacking creek from its source in Foose swamp in section 34, T23N, R2E, to its confluence with the Rifle river.

(j) Little Klacking creek from its source in section 26, T23N, R2E, to its confluence with Klacking creek.

(k) Dedrich creek from Gerald Miller road in section 22, T22N, R3E, to its confluence with the Rifle river.

(l) West Branch Rifle river from the outfall of Flowage lake in section 32 T22N, R2E, to its confluence with the Rifle river.

(m) North and south branches of Eddy creek from M-33 in sections 12 and 13, T21N, R2E, to its confluence with the Rifle river.

(n) Silver creek from Elbow lake road in section 11, T21N, R3E, to its confluence with the Rifle river.

(o) Mansfield creek from Melita road in section 30, T21N, R4E, to its confluence with the Rifle river.

(p) Fritz creek from Fritz road in section 34, T20N, R4E, to its confluence with the Rifle river.

(q) All lakes, ponds, impoundments or other surface water bodies not traditionally considered rivers, streams or creeks if they are a contiguous part of the stream segments listed in subdivisions (a) to (p) of this rule.

(r) The lands lying within 400 feet of the river's edge as described in subdivisions (a) to (q) of this rule.

History

• History: 1992 AACS; 2013 AACS.

Mich. Admin. Code R 281.141 Rifle river system principal uses; natural vegetation strip {#sec-r-281.141 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.141}

Rule 91 (1) A principal use is allowed by right, but requires the issuance of a zoning permit by the zoning administrator. A principal use includes all of the following:

(a) A single-family dwelling or short-term rental facility with all the following provisions:

(i) The minimum building setback shall be not less than 150 feet from the ordinary highwater mark on the mainstream and 100 feet on all designated tributaries except as described in R 281.57.

(ii) The setback may be decreased 1 foot for every 1 foot of rise in bank height to a minimum of 100 feet from the ordinary high-water mark on the mainstream and to a minimum of 75 feet from the ordinary high-water mark on all other designated tributaries.

(iii) A dwelling shall be set back not less than 25 feet from the top of a bluff on the noncutting edge of a stream and not less than 50 feet from the top of a bluff on the cutting edge of a stream.

(iv) Building shall not take place on land that is subject to flooding or in any wetland area.

(v) The natural contour of the face and crest of the bluff shall not be altered.

(vi) The land between the crest of the bluff and the minimum building setback line shall not be altered except for minor landscaping activities.

(b) Accessory buildings and appurtenances that meet the setback and other development requirements of subdivision (a) of this subrule.

(c) One private boat dock per parcel, unless otherwise provided for in these rules, subject to the provisions of R 281.57.

(d) One private river access stairway per parcel, subject to R 281.57.

(e) Utility lines to service a single-family dwelling or short-term rental facility.

(f) A disposal field, septic tank, and outhouse, with all the following provisions:

(i) A septic tank and disposal field must meet local health department standards.

(ii) A disposal field located not less than 150 feet from the ordinary high-water mark and not less than 50 feet from any surface or subsurface drain that discharges into the Rifle river or its designated tributaries, and not located within the 100-year floodplain, a wetland area, or the natural vegetation strip.

(iii) A septic tank shall not be closer to the river than the dwelling it serves and shall not be located within a wetland area.

(iv) An outhouse constructed using a watertight waste containment system that allows waste to be pumped and hauled to an appropriate disposal site, not located less than 100 feet from the ordinary high-water mark and any surface or subsurface drain that discharges into the Rifle river or its designated tributaries, and not located within the 100year floodplain, a wetland area, or the natural vegetation strip.

(v) Drywells and earth privies are not permitted unless authorized by the local health department, are a minimum of 100 feet from the ordinary high-water mark, and the bottom of the pit or seepage bed is at least 4 feet above the seasonal high groundwater table.

(vi) An alternative on-site treatment system that results in a higher level of treatment than a conventional system may be located not less than 50 feet from the river’s edge on designated tributaries provided no part of the system is in a wetland or the 100-year floodplain.

(vii) Disposal of sludge from any wastewater treatment system is prohibited in the natural river district.

(g) Mining and extracting industries, if all land disturbances, structures, and other activities related to the industry are located more than 300 feet from the ordinary highwater mark.

(h) A land division, if any lot created after April 24, 1984, with the following provisions:

(i) Is accessible by a public road or legal easement on at least 1 side of the stream.

(ii) On the mainstream, has at least 200 feet of river frontage (unless a riverfront “common area” subject to a conservation easement is established, or a parcel does not have river frontage, in which case this dimension shall be measured at the point of the parcel closest to the river) and is at least 200 feet wide at the minimum building setback line.

(iii) On designated tributaries, has at least 150 feet of river frontage, unless a riverfront “common area” subject to a conservation easement is established, or a parcel does not have river frontage, in which case this dimension shall be measured at the point of the parcel closest to the river, and is at least 150 feet wide at the minimum building setback line.

(iv) Contains at least 50,000 square feet of area within the natural river district. Any “common area” created or any bottomlands shall not be used in any calculations related to minimum parcel area. If a parcel does not have river frontage, and the front line of the parcel is greater than 150 feet from the river’s edge at all points, this subdivision does not apply, and the minimum parcel width will be measured at the front lot line.

(v) Has sufficient depth and upland area to accommodate the required building setbacks pursuant to this rule.

(vi) A lot that exists on April 24, 1984, shall not be subdivided or reduced in dimension or area below the minimum requirements of this rule. Any lot created after April 24, 1984, shall meet the minimum requirements of this rule, except as provided in R 281.56.

(i) Home occupations and home-based occupations, subject to R 281.57.

(j) Land alteration, subject to R 281.57.

(k) Bridges, subject to R 281.58.

(l) Forest management activities within the natural vegetation strip, subject to R 281.57.

(m) A boardwalk that meets the minimum building setback requirements in this subdivision and a boardwalk associated with a footpath to the river’s edge, subject to R 281.57.

(n) Bank stabilization and fisheries habitat improvement activities, subject to R 281.57.

(2) Within the Rifle river natural river district, a natural vegetation strip that includes the river and all lands within 75 feet of the ordinary high-water mark shall be maintained on each side of the Rifle river mainstream. A restrictive cutting belt that includes the river and all lands within 50 feet of the ordinary high-water mark shall be maintained on each side of designated tributaries. Cutting in the natural vegetation strip is subject to R 281.57.

History

• History: 1992 AACS; 2013 AACS.

Mich. Admin. Code R 281.142 Appeals; contested cases {#sec-r-281.142 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.142}

Rule 12. An aggrieved party who contests the decision of the zoning administrator or zoning review board shall be granted a hearing if a petition is filed with the director within 60 days after notice of disapproval is received. The hearing shall be conducted pursuant to the provisions for contested cases of Act No. 306 of the Public Acts of 1969, as amended, being S24.201 et seq. of the Michigan Compiled Laws, and R 299.3071 to R 299.3081.

History

• History: 1992 AACS.

Mich. Admin. Code R 281.143 Violations; effect; remedies {#sec-r-281.143 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.143}

Rule 13. (1) After the effective date of these rules, a building or structure or land shall not be used or occupied, and a building or structure or part thereof shall not be erected, constructed, reconstructed, moved, or structurally altered, unless the building, structure, or land is in compliance with the provisions of these rules. A permit or variance shall not be approved, and action shall not be taken, if approval of the permit or variance or the action taken violates the provisions of these rules. The commission shall not waive any of its rights or remedies against any person who violates these rules if the violations were committed in reliance on an authorization erroneously given in violation of any provision of these rules. Any authorized permit, variance, or action that is contrary to the provisions of these rules is deemed invalid from the date of the authorization.

(2) In addition to all other remedies, the commission may institute appropriate action or proceedings to prevent, restrain, correct, or abate rule violations or threatened violations.

History

• History: 1992 AACS.

Mich. Admin. Code R 281.144 Boundaries and permitted uses; changes, amendments, and supplements; precedence of local zoning ordinance over rules {#sec-r-281.144 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.144}

Rule 14. (1) The commission may make changes, amendments, and supplements to boundaries and to permitted uses requested by a local unit of government or by a landowner following a hearing held pursuant to the provisions of sections 71 to 87 of Act No. 306 of the Public Acts of 1969, as amended, being SS24.271 to 24.287 of the Michigan Compiled Laws, if implementation of the change, amendment, or supplement does not contravene the purposes of these rules as specified in R 281.132.

(2) Copies of any changes, supplements to boundaries, or adopted amendments shall be sent to all of the following entities:

(a) The county register of deeds.

(b) Township and county clerks.

(c) The local building inspector.

(d) Local soil erosion and sedimentation control enforcement agencies.

(e) The soil conservation district.

(3) Upon approval by the director, a local zoning ordinance that meets all of the requirements of Act No. 231 of the Public Acts of 1970, being S281.761 et seq. of the Michigan Compiled Laws, Act No. 184 of the Public Acts of 1943, as amended, being S125.271 et seq. of the Michigan Compiled Laws, or Act No. 183 of the Public Acts of 1943, as amended, being S125.101 et seq. of the Michigan Compiled Laws, whichever is applicable, shall take precedence over these rules. If the director withdraws his or her approval of a local zoning ordinance, or if the local ordinance becomes inapplicable to the land area encompassed by the Betsie river natural river district through court action or for any other reason, these rules shall apply.

History

• History: 1992 AACS.

Mich. Admin. Code R 281.145 Rescission {#sec-r-281.145 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.145}

Rule 15. R 281.31 to R 281.41 of the Michigan Administrative Code, appearing on pages 828 to 836 of the 1979 Michigan Administrative Code, are rescinded.

History

• History: 1992 AACS.

Mich. Admin. Code R 281.150 Flat river system boundaries {#sec-r-281.150 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.150}

Rule 100. The boundaries of the Flat river natural river district shall be as described in these rules and as depicted on the certified Flat river natural river zoning map with an effective date of June 21, 1984. The Flat river natural river zoning district comprises an area which is described as follows:

(a) The mainstream of the Flat river from the M-46/M-66 bridge in section 15, T12N, R7W to the northern limits of the city of Lowell in section 35, T7N, R9W, excluding those portions that flow through the incorporated city limits of Greenville and Belding.

(b) West Branch creek from its source in section 18, T11N, R8W to its confluence with the Flat river.

(c) Clear creek from Lincoln lake avenue in section 27, T10N, R9W to its confluence with Coopers creek.

(d) Coopers creek from Lincoln lake avenue, in section 34, T10N, R9W to its confluence with the Flat river.

(e) Wabasis creek from Mills avenue in section 24, T9N, R9W to its confluence with the Flat river.

(f) Dickerson creek from Sidney road section 18, T10N, R7W to its confluence with the Flat river.

(g) All lakes, ponds, impoundments or other surface water bodies not traditionally considered rivers, streams or creeks if they are a contiguous part of the stream segments listed in subdivisions (a) to (f) of this rule.

(h) The lands lying within 400 feet of the river's edge as described in subdivisions (a) to (g) of this rule.

History

• History: 2013 AACS.

Mich. Admin. Code R 281.151 Flat river system principal uses; natural vegetation strip {#sec-r-281.151 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.151}

Rule 101 (1) A principal use is allowed by right, but requires the issuance of a zoning permit by the zoning administrator. A principal use includes all of the following:

(a) A single-family dwelling or short-term rental facility with all the following provisions:

(i) The minimum building setback shall be not less than 100 feet from the ordinary high-water mark on the mainstream and all designated tributaries, except as described in

Mich. Admin. Code R 281.56 (7), or shall be not less than 25 feet from the 100-year floodplain line, whichever is the greater distance from the river’s edge {#sec-r-281.56 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.56}

(ii) A dwelling shall be set back not less than 50 feet from the top of a bluff.

(iii) Building shall not take place on land that is subject to flooding or in any wetland area.

(iv) The natural contour of the face and crest of the bluff shall not be altered.

(v) The land between the crest of the bluff and the minimum building setback line shall not be altered except for minor landscaping activities.

(b) Accessory buildings and appurtenances that meet the setback and other development requirements of subdivision (a) of this subrule.

(c) One private boat dock per parcel, unless otherwise provided for in these rules, subject to R 281.57.

(d) One private river access stairway per parcel, subject to R 281.57.

(e) Utility lines to service a single-family dwelling or short-term rental facility.

(f) A disposal field, septic tank, and outhouse, with the following provisions:

(i) A septic tank and disposal field meet local health department standards.

(ii) A disposal field located not less than 100 feet from the ordinary high-water mark on the mainstream and all designated tributaries and not less than 100 feet from any surface or subsurface drain that discharges into the Flat river or its designated tributaries, and shall not be located within the 100-year floodplain, a wetland area, or the natural vegetation strip.

(iii) The septic tank shall not be closer to the river than the dwelling it serves and shall not be located within a wetland area.

(iv) An outhouse constructed using a watertight waste containment system that allows waste to be pumped and hauled to an appropriate disposal site, located not less than 100 feet from the ordinary high-water mark and any surface or subsurface drain that discharges into the Flat river or its designated tributaries, and not located within the 100year floodplain, a wetland area, or the natural vegetation strip.

(v) Drywells and earth privies are not permitted unless authorized by the local health department, are a minimum of 100 feet from the ordinary high water mark, and the bottom of the pit or seepage bed is at least 4 feet above the seasonal high groundwater table.

(vi) An alternative on-site treatment system that results in a higher level of treatment than a conventional system may be located not less than 50 feet from the river’s edge on designated tributaries, provided no part of the system is in a wetland or the 100-year floodplain.

(vii) Disposal of sludge from any wastewater treatment system is prohibited in the natural river district.

(g) Mining and extracting industries, if all land disturbances, structures, and other activities related to the industry are located more than 300 feet from the ordinary highwater mark.

(h) A land division, if any lot created after June 21, 1984, with all the following provisions:

(i) Is accessible by a public road or legal easement on at least 1 side of the stream.

(ii) Has at least 100 feet of river frontage, unless a riverfront “common area” subject to a conservation easement is established, or a parcel does not have river frontage, in which case this dimension shall be measured at the point of the parcel closest to the river, and is at least 100 feet wide at the minimum building setback line.

(iii) Contains at least 30,000 square feet of area within the natural river district. Any “common area” created or any bottomlands shall not be used in any calculations related to minimum parcel area. If a parcel does not have river frontage, and the front line of the parcel is greater than 150 feet from the river’s edge at all points, this subdivision does not apply, and the minimum parcel width will be measured at the front lot line.

(iv) Has sufficient depth and upland area to accommodate the required building setbacks pursuant to the standards in this rule.

(v) A lot that exists on June 21, 1984, shall not be subdivided or reduced in dimension or area below the minimum requirements of this rule. Any lot created after June 21, 1984, shall meet the minimum requirements of this rule, except as provided in R 281.56.

(i) Home occupations and home-based occupations, subject to R 281.57.

(j) Land alteration, subject to R 281.57.

(k) Bridges, subject to R 281.58.

(l) Forest management activities within the natural vegetation strip, subject to R 281.57.

(m) A boardwalk that meets the minimum building setback requirements in this subdivision and a boardwalk associated with a footpath to the river’s edge, subject to R 281.57.

(n) Bank stabilization and fisheries habitat improvement activities, subject to R 281.57.

(2) Within the Flat river natural river district, a natural vegetation strip that includes the river and all lands within 25 feet of the ordinary high-water mark shall be maintained on each side of the Flat river mainstream and all designated tributaries. Cutting in the natural vegetation strip is subject to R 281.57.

History

• History: 1981 AACS; 2013 AACS.

Mich. Admin. Code R 281.152 Purpose {#sec-r-281.152 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.152}

Rule 2. The commission, on its own motion, in order to implement the intent of Act No. 231 of the Public Acts of 1970, being S281.761 et seq. of the Michigan Compiled Laws, and in the absence of local zoning to protect the Huron river, a designated natural river, promulgates these zoning rules whose purposes are as follows:

(a) To promote the public health, safety, and general welfare, to prevent economic and ecological damage due to unwise development patterns within the natural river district, and to preserve the values of the natural river district for the benefit of present and future generations.

(b) To protect the free-flowing condition, fish and wildlife resources, water quality, scenic and aesthetic qualities, and historical and recreational values of the Huron river and adjoining land.

(c) To prevent flood damage due to interference with natural floodplain characteristics by excluding developments which are vulnerable to flood damages and which may reduce the capacity of the floodway of the river to withstand flooding conditions.

(d) To provide for residential and other compatible, permitted uses that complement the natural characteristics of the natural river system.

(e) To protect individuals from investing funds in structures proposed for location on lands unsuited for such development because of high groundwater, erosion, or vulnerability to flood damage.

History

• History: 1981 AACS.

Mich. Admin. Code R 281.153 Boundaries; rules of construction; display and filing of zoning map; effect of zoning rules {#sec-r-281.153 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.153}

Rule 3. (1) The boundaries of the Huron river natural river district shall be as described in these rules and as depicted on the certified Huron river natural river zoning map. The Huron river natural river district comprises an area which is described as follows:

(a) The mainstream of the Huron river from Kent lake dam downstream to the western edge of section 32 of Hamburg township, Livingston county, excluding Strawberry, Gallager, Loon, which is also known as Long or Little Gallager, and the 2 Whitewood lakes; and from John Flook dam downstream to the Scio-Ann Arbor township line in Washtenaw county, excluding the incorporated village of Dexter.

(b) Davis creek, which is also called the southeast branch of the Huron river, Livingston county, Green Oak township, from the outfall of Sandy Bottom lake to its confluence with the Huron river.

(c) Arms creek, Washtenaw county, Webster township, from the confluence of the 2 branches in section 10 to its confluence with the Huron river.

(d) Mill creek, Washtenaw county, Scio township, from Parker road downstream to the incorporated village limits of Dexter.

(e) The lands lying within 400 feet of the river's edge which are enumerated in subdivisions (a) to (d) of this subrule.

(2) Certified copies of the Huron river natural river zoning map shall be filed with the local tax assessing officers and with the state tax commission, and additional display copies shall be provided to local officials in the Huron river area, including all of the following:

(a) County register of deeds.

(b) Zoning administrator of these rules.

(c) Local planning, zoning, and health officials.

(d) Township and county clerks.

(e) Local building inspector.

(f) Local soil erosion and sedimentation control enforcement agencies.

(g) The soil conservation service.

(h) Huron river watershed council.

(3) These zoning rules do not repeal, abrogate, or impair any existing easements, covenants, or deed restrictions applicable to lands within the natural river district, except that if these rules impose greater restrictions than those found on such easements, covenants, or deeds, the provisions of these rules shall prevail.

(4) These zoning rules do not permit actions prohibited by other statutes or ordinances, including zoning ordinances, which are applicable to the natural river district. Therefore, all of the following provisions apply:

(a) All earth-changing activities, other than normal landscaping or maintenance, that are undertaken within 500 feet of a lake or stream are subject to the provisions of Act No. 347 of the Public Acts of 1972, as amended, being S282.101 et seq. of the Michigan Compiled Laws.

(b) All dredge and fill activities and construction of permanent structures lying below the ordinary high-water mark are subject to the provisions of Act No. 346 of the Public Acts of 1972, being S281.951 et seq. of the Michigan Compiled Laws.

(c) All development and land uses in the Huron river natural river district are subject to the provisions of appropriate local zoning ordinances, health codes, and building codes, including requirements for permits and approvals.

(5) If uncertainty exists with respect to the boundaries indicated on the Huron river natural river zoning map, all of the following rules shall apply:

(a) Boundaries that are indicated as approximately following streets or highways shall be construed to be the center lines of the streets or highways.

(b) Boundaries that are indicated as approximately following lot lines shall be construed as following such lot lines.

(c) Boundaries that are indicated as approximately following city, township, or county boundary lines shall be construed as following such city, township, or county boundary lines.

(d) Boundaries that are indicated as approximately following railroad lines shall be construed to be midway between the main tracks.

(e) Boundaries that are indicated as approximately parallel to the center lines of streets or highways shall be construed as being parallel thereto and at such distance therefrom as indicated on the official Huron river natural river zoning map. If no distance is given, the dimension shall be determined by the use of the scale shown on the official Huron river natural river zoning map.

(f) Boundaries that follow the shoreline of a river, stream, lake, or other body of water shall be construed to follow such shoreline and, in the event of change in the shoreline, shall be construed as moving with the actual shoreline. Boundaries that are indicated as approximately following the thread of streams, canals, or other bodies of water shall be construed to follow such threads.

History

• History: 1981 AACS.

Mich. Admin. Code R 281.154 Zoning permits; application; additional requirements {#sec-r-281.154 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.154}

Rule 4. (1) A person shall not commence excavation, erection, alteration, or repair on a building or structure, or commence a land use, until a zoning permit has been obtained from the zoning administrator. If the alteration or ordinary maintenance made on a dwelling does not change the character of the structure or land use, and if the total cost does not exceed 5% of the market value of the structure in any 12-month period, the owner of the structure or land is exempt from obtaining a zoning permit, but may be required to obtain a local building permit from the appropriate local building inspector.

(2) A written application for a zoning permit shall be filed with the zoning administrator. All of the following information shall be submitted with an application for a zoning permit:

(a) Two copies of a site plan which give accurate dimensions on either a scale drawing or a rough sketch and which contain all of the following information:

(i) The location on the lot of all existing and proposed structures.

(ii) The existing or intended use of the structure.

(iii) The generalized vegetative cover.

(iv) The lines and dimensions of the lot to be used.

(b) Evidence of ownership of all property that is affected by the coverage of the permit.

(c) Evidence that all required federal, state, county, and township licenses or permits have been acquired, or that applications have been filed for the required licenses or permits.

(d) Other information, as required by the zoning administrator, which is necessary to carry out the intent and provisions of these rules.

(3) One copy of both the plans and the specifications shall be filed and retained by the zoning administrator, and the other copy shall be delivered to the applicant when the zoning administrator has approved the application, completed the site inspection, and issued the zoning permit.To insure that new land uses in the natural river district are in conformance with these rules, before beginning construction or commencing a land use, the applicant shall display the permit required by these rules face out in a conspicuous place facing the nearest street or roadway and shall display it continuously until the purpose for which the permit was issued is completed. Failure to obtain and display a permit is a violation of these rules.

(4) Within 30 days of receipt of a completed application, the zoning administrator shall render a decision to issue or deny a permit. If a permit is denied, notice of the denial, together with the reasons for the denial, shall be sent to the applicant.

(5) Zoning permits are valid for 1 year and are not transferable. All buildings shall be completed within 1 year from the date of issuance of the zoning permit. However, 1 extension may be authorized by the zoning administrator, in writing, for a period of time not to exceed 6 months. Any subsequent extensions shall have the written approval of the zoning review board.

History

• History: 1981 AACS.

Mich. Admin. Code R 281.155 Subdivision of land; plats with preliminary approval {#sec-r-281.155 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.155}

Rule 5. (1) A lot that exists on the effective date of this rule, or amendment thereto, shall not be subdivided or reduced in dimension or area below the minimum requirements of these rules. Lots that are created after the effective date of this rule shall meet the minimum requirements of these rules, except as provided in subrule (2) of this rule.

(2) Proposed lots which have preliminary plat approval pursuant to Act No. 288 of the Public Acts of1967, as amended, being S560.101 et seq. of the Michigan Compiled Laws, but which do not meet the dimensional requirements of these rules on their effective date shall, on final plat approval, be issued a permit subject to the requirements provided in R 281.159.

History

• History: 1981 AACS.

Mich. Admin. Code R 281.156 Permitted uses {#sec-r-281.156 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.156}

Rule 6. (1) The following uses are permitted by the owner upon the owner's property within the natural river district, subject to the limitations and requirements outlined in these zoning rules, local ordinances, and other applicable statutes:

(a) Private camping and other recreational activities which do not require the installation of permanent structures and which are outside of the natural vegetation strip.

(b) The operation of watercraft, subject to the limitations of local ordinances established under the authority of Act No. 303 of the Public Acts of 1967, as amended, being S281.1001 et seq. of the Michigan Compiled Laws.

(c) Fishing and hunting in compliance with existing laws and rules.

(d) Reforestation and other accepted forest management practices, subject to the limitations outlined in R 281.157.

(e) Normal agricultural activities, if the activities meet the requirements of these rules, and if the bureau of environmental protection of the department of natural resources determines that such activities do not contribute to stream degradation.

(f) The operation of licensed motor vehicles on dedicated public roads or access roads to private single-family dwellings.

(g) Off-road operation of emergency and public utility maintenance vehicles.

(h) Private footpaths that are constructed by the landowner of natural materials to facilitate permitted uses.

(2) The following uses are permitted upon prior approval of the zoning administrator:

(a) One single-family dwelling and appurtenances on a lot not less than 150 front-feet wide, subject to the following limitations:

(i) On the designated portion of the mainstream, new buildings and appurtenances shall be required to set back a minimum of 125 feet from the ordinary high-water mark, except that the setback may be decreased 10 feet for every 10-foot rise in bank height to a minimum of 75 feet from the ordinary high-water mark.

(ii) On the sections of Arms, Davis, and Mill creeks within the natural river zoning district, new buildings and appurtenances shall be required to set back a minimum of 50 feet from the ordinary high-water mark.

(iii) New structures shall be set back not less than 50 feet from the top of the bluff on the cutting edges of the river and tributaries, or 25 feet from the top of the bluff on the noncutting edge of the stream.

(iv) Setback shall be not less than 15 feet from side lot lines and not less than 25 feet from the right-of-way of a public road.

(v) New structures shall not be located on land that is subject to flooding.

(b) Plats, if the minimum setbacks and lot width requirements specified in subdivision (a) of this subrule are met.

(c) Private boat docks that are not more than 6 feet in width or 20 feet in length, with not more than 4 feet of the dock extending over the water, if they are designed, constructed, and maintained with indigenous natural materials, and if a permit is issued under the authority of Act No. 346 of the Public Acts of 1972, being S281.951 et seq. of the Michigan Compiled Laws.

(d) Mining and extracting industries which are located more than 300 feet from the ordinary high-water mark, if they are constructed and operated pursuant to applicable local ordinances and state laws and rules.

(e) Utility lines to service private single-family dwellings.

(f) Utility transmission lines on lands or interests in real property which are continuously owned by a utility from January 1, 1971, subject to review and approval by the commission.

(g) Disposal fields and septic tanks which are located not less than 125 feet from the ordinary high-water mark or on lands that are not subject to flooding, whichever distance is greater, and which are in conformance with local county health codes and these rules. In addition, a septic tank or absorption field shall not be closer than 50 feet to any surface or subsurface drainage system emptying into the Huron river or its designated tributaries.

(h) Land alteration, such as grading, dredging, and filling of the land surface, unless the high-groundwater table is within 6 feet of the land surface, if the activities meet all of the provisions of Act No. 347 of the Public Acts of 1972, as amended, being S282.101 et seq. of the Michigan Compiled Laws, and Act No. 346 of the Public Acts of 1972, being S281.951 et seq. of the Michigan Compiled Laws, and if approval is granted by the local soil erosion and sedimentation control enforcement agency and the department of natural resources.

(i) Signs and outdoor advertising devices shall meet all of the following requirements:

(i) They shall be related to permitted uses.

(ii) For residential uses, signs shall not be larger than 1 square foot in area and shall not be posted more than 1 per 100 feet or 1 sign at the upstream and downstream corner of the 1 lot; however, 1 temporary real estate "for sale" sign which does not exceed 4 square feet in area shall be allowed on a parcel of land.

(iii) For commercial uses, 1 sign per establishment which does not exceed 4 square feet is allowed.

(iv) They shall not be illuminated by a neon light or flashing device.

(v) They shall not be attached to a tree or shrub.

(j) Other uses for which an applicant is granted a permit by the zoning administrator pursuant to R 281.158, R 281.159, and R 281.161.

History

• History: 1981 AACS.

Mich. Admin. Code R 281.157 Natural vegetation strip {#sec-r-281.157 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.157}

Rule 7. Within the natural river district, a 50-foot minimum restrictive cutting belt shall be maintained on each side of the mainstream of the Huron river and on Arms, Davis, and Mill creeks. Trees and shrubs may be pruned for a filtered view of the river upon approval of the zoning administrator or the area forester, but clear cutting in the natural vegetation strip is prohibited. The natural vegetation strip is also subject to both of the following provisions:

(a) Dead, diseased, unsafe, or fallen trees and noxious plants and shrubs, including poison ivy, poison sumac, and poison oak, may be removed.

(b) Selected removal or trimming of trees for timber harvest, access or woodlot improvement, landscaping, or public utility lines to service private single-family dwellings is permitted upon approval of the area forester or zoning administrator.

History

• History: 1981 AACS.

Mich. Admin. Code R 281.158 Special exception permits {#sec-r-281.158 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.158}

Rule 8. (1) Special exception permits may be granted to allow a use in the natural river district which is specifically permitted by R 281.156, if implementation of that use does not contravene the purposes of these rules as specified in R 281.152.

(2) Application for a special exception permit shall be made on a form provided by the zoning administrator.

(3) Upon reviewing an application for a special exception permit, the zoning review board, at any time before rendering a decision thereon, shall require the applicant to furnish all of the following information which the zoning review board deems necessary for determining the suitability of the particular site for the proposed use:

(a) A detailed description of the proposed activity or use.

(b) A surface view plan which gives accurate dimensions on either a scale drawing or a rough sketch and which shows all of the following:

(i) Elevations or contours of the ground, including existing earth fills.

(ii) Generalized vegetative cover.

(iii) The size, location, and spatial arrangement of all proposed and existing structures on the site.

(iv) The location and elevations of streets, access roads, and water supply and sanitary facilities.

(c) Photographs that show existing land uses and vegetation upstream and downstream from the proposed use.

(d) Valley cross sections that show the natural stream channel, streambanks, high-water marks, flood marks, if known, and locations of proposed developments.

(e) All other information which is deemed relevant by the zoning administrator and which is necessary to carry out the intent and provisions of these rules.

(4) Before considering applications, the zoning review board shall give notice, by certified mail, to all of the following:

(a) Property owners whose property is within 500 feet of the proposed use as shown on the current tax assessment rolls.

(b) The appropriate local officials and department of natural resources personnel, including all of the following:

(i) The township supervisor.

(ii) The township building inspector.

(iii) The county health officer.

(iv) The local soil erosion and sedimentation control enforcement agency.

(v) County and township planning and zoning officials.

(vi) The soil conservation service.

(vii) The regional office and natural rivers section of the department of natural resources.

(viii) The Huron river watershed council.

(c) Any other interested parties who request that they be notified of such applications in the natural river district.

(5) In reviewing an application, the zoning review board shall consider all of the following:

(a) All relevant factors specified in these rules in light of the spirit and intent of the purposes specified in R 281.152.

(b) The economic effect of the subject property weighed in light of the applicant's entire contiguous holdings and not merely the portion within the natural river district.

If the subject portion is the remainder of a larger holding, this fact, together with a description of the title history, shall be included in the hearing evidence.

(c) Increases in flood levels and flood damages that may be occasioned by the proposed use at the site and upstream and downstream from the site, water quality consequences, and other relevant factors within the terms of these rules.

(d) The cumulative effect upon the natural river district from the potential development of holdings in a legal position similar to the applicant's, if the applicant's request is approved by the zoning review board.

(e) Reasonable alternatives that are available to the applicant.

(6) In weighing the applicant's request, consideration of public health, safety, and welfare shall prevail, unless private injury is proven by a preponderance of the evidence to be so great as to override the public interest.

(7) A requested use shall not be granted if the zoning review board determines that the requested use poses a substantial hazard to life or to public or private property rights.

(8) The zoning review board may require public hearings to be held regarding the application. The zoning review board shall decide on an application within 30 days after its receipt, except that if public hearings are held or if additional information is required pursuant to subrule (3) of this rule, the zoning review board shall render a decision within 30 days following the hearings or upon receipt of the last requested item of information.

(9) The zoning review board shall attach such conditions to the granting of a special exception permit as are necessary to further the purposes of these rules.

(10) A special exception use shall adhere strictly to the terms of the special exception permit. A special exception permit that does not adhere strictly to the terms of the permit may be revoked by the zoning administrator.

History

• History: 1981 AACS.

Mich. Admin. Code R 281.159 Substandard lots of record {#sec-r-281.159 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.159}

Rule 9. (1) The zoning administrator, in compliance with the terms of this subrule, shall grant a permit if, because of either of the following circumstances, a proposed structure cannot be erected on a lot of record or a lot described in a deed or land contract executed and delivered before the effective date of this rule:

(a) The lot is of insufficient width, depth, or area.

(b) Physical limitations exist on an existing lot or parcel.

(2) The zoning administrator shall ensure that all structures are located to best meet the objectives and purposes of these rules, the adopted Huron river natural river plan, and Act No. 231 of the Public Acts of 1970, being S281.761 et seq. of the Michigan Compiled Laws.

(3) The zoning administrator shall determine if a proposed structure on a lot of record or on a lot described in a deed or land contract executed and delivered before the effective date of these rules cannot conform to the standards listed in R 281.156(2)(a) and is, therefore, ineligible for consideration for use under R 281.156.

(4) A written application for a zoning permit on a lot of record shall be filed with the zoning administrator. The same information required in R 281.154(2) shall be submitted with an application.

(5) The zoning administrator shall grant a zoning permit for the use of a substandard lot of record only upon a showing of all of the following:

(a) Granting the permit is not contrary to the public interest.

(b) The permit does not allow the establishment of a use not otherwise permitted by these rules.

(c) The permit applies only to the property under the control of the applicant.

(d) The practical difficulties claimed by the applicant are not the result of actions taken by the applicant.

(e) Granting the permit poses no substantial hazard to life or to public or private property rights, secures public safety, and does substantial justice.

(f) Granting the permit will not result in an increase of flood levels or risk of flood damage to other lands.

(g) The lot shall be developed pursuant to department of natural resources requirements under Act No. 245 of the Public Acts of 1929, as amended, being S323.1 et seq. of the Michigan Compiled Laws.

(h) Use of the lot will not significantly impair existing water quality, vegetative cover, fisheries, or wildlife habitat or increase the risk of erosion.

(i) The substandard lot size shall be the minimum dimensional reduction necessary to achieve a reasonable use of the land, after evaluation of alternative dimensional arrangements and permitted land uses available to the applicant, given the peculiar characteristics of the lot and circumstances surrounding the request. Alternatives shall be examined in light of the applicant's entire contiguous holdings and not merely a single lot or the portion within the natural river area. If dimensional requirements may be more nearly met through lot combination of contiguous holdings, the zoning administrator may so require.

(j) The permit provides that no fill shall be placed within the natural vegetation strip and that the approval of both the appropriate county or district health department and the soil erosion and sedimentation control enforcement agency shall be secured.

(k) The permit provides conditions necessary to insure proper development of the substandard lot pursuant to these rules.

(6) A special exception permit is required if a dimensional reduction of more than 50% of any of the standards listed in R 281.156(2)(a) is necessary to achieve reasonable use of the land. The zoning review board shall base its decision upon the standards set forth in R 281.158(5).

(7) The zoning administrator may confer with, and seek the advice of, the zoning review board, personnel of the Michigan department of natural resources, and other federal, state and local officials to determine the possible effects of, and a suitable location for, a proposed structure.

(8) One copy of the plans, specifications, and the zoning permit, with conditions attached, shall be filed and retained by the zoning administrator, and another copy of each shall be delivered to the applicant when the zoning administrator has approved the application, completed the site inspection, and issued a zoning permit.

(9) The applicant may appeal any decision of the zoning administrator or any conditions attached to a zoning permit to the zoning review board.

History

• History: 1981 AACS.

Mich. Admin. Code R 281.160 Pigeon river system boundaries {#sec-r-281.160 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.160}

Rule 110. The boundaries of the Pigeon river natural river district shall be as described in these rules and as depicted on the certified Pigeon river natural river zoning map with an effective date of February 13, 1985. The Pigeon river natural river zoning district comprises an area that is described as follows:

(a) The mainstream of the Pigeon river from its source in section 30, T31N, R2W to the Hackleburg road (East Mullett Lake road) bridge.

(b) Unnamed stream from its source in section 31, T31N, R2W to its confluence with the Pigeon river.

(c) Unnamed stream from its source in section 30, T31N, R2W to its confluence with the Pigeon river.

(d) Unnamed stream from its source in section 5, T30N, R2W to its confluence with the Pigeon river (e) Unnamed stream from its source in section 28, T31N, R2W to its confluence with the Pigeon river.

(f) Slade creek from its sources in sections 27, 34 and 35, T31N, R2W to its confluence with the Pigeon river (g) Duck creek from the south line of section 2, T30N, R2W to its confluence with the Pigeon river.

(h) Unnamed stream from its source in section 24, T31N, R2W to its confluence with the Pigeon river.

(i) Grass lake outlet from the outlet of Grass lake in section 5, T32N, R1W to its confluence with the Pigeon river.

(j) Unnamed stream from its source in section 29, T33N, R1W to its confluence with the Pigeon river.

(k) Cornwall creek from its source in section 35, T33N, R1W to its confluence with the Pigeon river.

(l) Grindstone creek from its source in section 17, T33N, R1W to its confluence with the Pigeon river.

(m) McIntosh creek from its sources in sections 28 and 33, T34N, R1W to its confluence with the Pigeon river.

(n) Nelson creek from its source in section 29, T33N, R1W to its confluence with the Pigeon river.

(o) The Little Pigeon river from its source in section 1, T32N, R2W to its confluence with the Pigeon river.

(p) Molby creek from its sources in sections 24 and 25, T33N, R2W to its confluence with the Little Pigeon river.

(q) Burrows creek from its source in section 14, T33N, R2W to its confluence with the Little Pigeon river.

(r) Unnamed stream from its source in section 12, T33N, R2W to its confluence with the Little Pigeon river.

(s) Unnamed stream from its source in section 23, T34N, R2W to its confluence with the Pigeon river (t) Wilkes creek from its source in section 16, T34N, R1W to its confluence with the Pigeon river.

(u) All lakes, ponds, impoundments or other surface water bodies not traditionally considered rivers, streams or creeks if they are a contiguous part of the stream segments listed in subdivisions (a) to (t) of this rule.

(v) The lands lying within 400 feet of the river's edge as described in subdivisions (a) to (u) of this rule.

History

• History: 1981 AACS; 2013 AACS.

Mich. Admin. Code R 281.161 Pigeon river system principal uses; natural vegetation strip {#sec-r-281.161 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.161}

Rule 111. (1) A principal use is allowed by right, but requires the issuance of a zoning permit by the zoning administrator. A principal use includes all of the following:

(a) A single-family dwelling or short-term rental facility with all the following provisions:

(i) The minimum building setback not less than 200 feet from the ordinary high-water mark on the mainstream and 150 feet on all designated tributaries, except as described in R 281.57.

(ii) A dwelling set back not less 50 feet from the top of a bluff.

(iii) Building shall not take place on land that is subject to flooding or in any wetland area.

(iv) The natural contour of the face and crest of the bluff shall not be altered.

(v) The land between the crest of the bluff and the minimum building setback line shall not be altered except for minor landscaping activities.

(b) Accessory buildings and appurtenances that meet the setback and other development requirements of subdivision (a) of this subrule.

(c) One private boat dock per parcel, unless otherwise provided for in these rules, subject to R 281.57.

(d) One private river access stairway per parcel, subject to R 281.57.

(e) Utility lines to service a single-family dwelling or short-term rental facility.

(f) A disposal field, septic tank, and outhouse, with all the following provisions:

(i) The septic tank and disposal field meet local health department standards.

(ii) The disposal field shall be located not less than 150 feet from the ordinary highwater mark on the mainstream and all designated tributaries and not less than 50 feet from any surface or subsurface drain that discharges into the Pigeon river or its designated tributaries, and shall not be located within the 100-year floodplain, a wetland area, or the natural vegetation strip.

(iii) The septic tank shall not be closer to the river than the dwelling it serves and shall not be located within a wetland area.

(iv) An outhouse constructed using a watertight waste containment system that allows waste to be pumped and hauled to an appropriate disposal site, not located less than 100 feet from the ordinary high-water mark and any surface or subsurface drain that discharges into the Pigeon river or its designated tributaries, and not located within the 100-year floodplain, a wetland area, or the natural vegetation strip.

(v) Drywells and earth privies are not permitted unless authorized by the local health department, are a minimum of 100 feet from the ordinary high-water mark, and the bottom of the pit or seepage bed is at least 4 feet above the seasonal high groundwater table.

(vi) An alternative on-site treatment system that results in a higher level of treatment than a conventional system may be located not less than 75 feet from the river’s edge on designated tributaries, provided no part of the system is in a wetland or the 100-year floodplain.

(vii) Disposal of sludge from any wastewater treatment system is prohibited in the natural river district.

(g) Mining and extracting industries, if all land disturbances, structures, and other activities related to the industry are located more than 300 feet from the ordinary highwater mark.

(h) A land division, if any lot created after February 13, 1985, with all the following provisions:

(i) Is accessible by a public road or legal easement on at least 1 side of the stream.

(ii) On the mainstream, has at least 200 feet of river frontage, unless a riverfront “common area” subject to a conservation easement is established, or a parcel does not have river frontage, in which case this dimension shall be measured at the point of the parcel closest to the river, and is at least 200 feet wide at the minimum building setback line. On designated tributaries, has at least 150 feet of river frontage, unless a riverfront “common area” subject to a conservation easement is established, or a parcel does not have river frontage, in which case this dimension shall be measured at the point of the parcel closest to the river, and is at least 150 feet wide at the minimum building setback line.

(iii) Contains at least 50,000 square feet of area within the natural river district. Any “common area” created or any bottomlands shall not be used in any calculations related to minimum parcel area. If a parcel does not have river frontage, and the front line of the parcel is greater than 150 feet from the river’s edge at all points, this subdivision does not apply, and the minimum parcel width will be measured at the front lot line.

(iv) Has sufficient depth and upland area to accommodate the required building setbacks pursuant to this rule.

(v) A lot that exists on February 13, 1985, shall not be subdivided or reduced in dimension or area below the minimum requirements of this rule. Any lot created after February 13, 1985, shall meet the minimum requirements of this rule, except as provided in R 281.56.

(i) Home occupations and home-based occupations, subject to R 281.57.

(j) Land alteration, subject to R 281.57.

(k) Bridges, subject to R 281.58.

(l) Forest management activities within the natural vegetation strip, subject to R 281.57.

(m) A boardwalk that meets the minimum building setback requirements in this subdivision and a boardwalk associated with a footpath to the river’s edge, subject to R 281.57.

(n) Bank stabilization and fisheries habitat improvement activities, subject to R 281.57.

(2) Within the Pigeon river natural river district, a natural vegetation strip that includes the river and all lands within 100 feet of the ordinary high-water mark shall be maintained on each side of the Pigeon river mainstream. A restrictive cutting belt that includes the river and all lands within 75 feet of the ordinary high-water mark shall be maintained on each side of all designated tributaries. Cutting in the natural vegetation strip is subject to R 281.57.

History

• History: 1981 AACS; 2013 AACS..

Mich. Admin. Code R 281.162 Zoning administrator and zoning review board; appointment; duties {#sec-r-281.162 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.162}

Rule 12. The commission shall appoint a zoning administrator and a zoning review board to act as its agents to enforce these rules. The duties of the zoning review board and zoning administrator include, but are not limited to, all of the following:

(a) Receiving and processing applications for zoning permits, special exception permits, petitions for appeals, requests for changes, amendments, and supplements.

(b) Inspecting sites.

(c) Issuing or denying zoning permits as outlined in these rules.

(d) Assisting with other matters requiring a decision by the commission.

History

• History: 1981 AACS.

Mich. Admin. Code R 281.163 Violations {#sec-r-281.163 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.163}

Rule 13. (1) An alleged violation shall be inspected by the staff of the department and, if it is found that a violation exists, the department shall order the applicant, in writing, to correct all conditions found to be in violation of these rules.

(2) The owner of a building, structure, or land which violates these rules is subject to the provisions of section 13 of Act No. 231 of the Public Acts of 1970, being S281.773 of the Michigan Compiled Laws.

History

• History: 1981 AACS.

Mich. Admin. Code R 281.164 Boundaries and permitted uses; changes, amendments, and supplements {#sec-r-281.164 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.164}

Rule. 14. (1) The commission may make changes, amendments, and supplements to boundaries and to permitted uses requested by a local unit of government or by a landowner, if implementation of the change, amendment, or supplement does not contravene the purposes of these rules as specified in R 281.152.

(2) A local unit of government or a landowner who requests a change, amendment, or supplement to the boundaries or to permitted uses shall have a hearing held pursuant to sections 71 to 87 of Act No. 306 of the Public Acts of 1969, as amended, being SS24.271 to 24.287 of the Michigan Compiled Laws.

(3) Copies of any changes, supplements to boundaries, or adopted amendments shall be sent to all of the following:

(a) The county register of deeds.

(b) The zoning administrator of these rules.

(c) Local planning, zoning and health officials.

(d) Township and county clerks.

(e) The local building inspector.

(f) Local soil erosion and sedimentation control enforcement agencies.

(g) The soil conservation service.

(h) Public utility companies which provide service to riverfront property owners affected by these rules.

(i) Huron river watershed council.

(4) Upon approval by the director, a local zoning ordinance which meets all of the requirements of Act No. 231 of the Public Acts of 1970, being S281.761 et seq. of the Michigan Compiled Laws, Act No. 184 of the Public Acts of 1943, as amended, being S125.271 et seq. of the Michigan Compiled Laws, or Act No. 183 of the Public Acts of 1943, as amended, being S125.101 et seq. of the Michigan Compiled Laws, whichever is applicable, shall take precedence over these rules. If the director withdraws his or her approval of a local zoning ordinance, or if the local ordinance becomes inapplicable to the land area encompassed by the Huron river natural river district through court action or for any other reason, these rules shall apply.

History

• History: 1981 AACS.

Mich. Admin. Code R 281.170 Au Sable River system boundaries {#sec-r-281.170 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.170}

Rule 120. The boundaries of the Au Sable river natural river district shall be as described in these rules and as depicted on the certified Au Sable river natural river zoning map with an effective date of August 15, 1990. The Au Sable river natural river zoning district comprises an area which is described as follows:

(a) The Au Sable river from the confluence of Kolka creek and Bradford creek in section 23, T28N, R4W to Loud dam in section 21, T24N, R6E.

(b) Kolka creek from the outfall of Lynn lake in section 26, T29N, R4W to its confluence with Bradford creek in section 23, T28N, R4W.

(c) Bradford creek from the outfall of Big Bradford lake in section 6, T28N, R3W to its confluence with Kolka creek in section 23, T28N, R4W.

(d) East Branch Au Sable river, from the outfall of Barnes lake in section 7, T28N, R2W to its confluence with the Au Sable river.

(e) South Branch Au Sable river, from highway M-76 in section 5 T23N, R1W to its confluence with the Au Sable river.

(f) Douglas creek from its source in section 16, T25N, R1W to its confluence with the South branch Au Sable river.

(g) Thayer creek from its source in section 16, T25N, R2W to its confluence with the South branch Au Sable river.

(h) Hudson creek from its source in section 26, T24N, R2W to its confluence with the South branch Au Sable river.

(i) Robinson creek from its source in section 7, T23N, R2W to its confluence with the South branch Au Sable river.

(j) Beaver creek from its source in section 25, T25N, R4W to its confluence with the South branch Au Sable river.

(k) East creek from its source in section 13, T24N, R1W to its confluence with the South branch Au Sable river.

(l) South creek from its source in section 35, T24N, R1W to its confluence with the South branch Au Sable river.

(m) North branch Au Sable river, from Ski Slope drive in section 34, T30N, R3W county to its confluence with the Au Sable river.

(n) Turtle creek from the outfall of Turtle lake in section 33, T30N, R2W to its confluence with the North branch of the Au Sable.

(o) Chub creek from the outfall of Bridge lake in section 23, T29N, R3W to its confluence with the North branch of the Au Sable.

(p) Big creek from the confluence of the east branch of Big creek and the west branch of Big creek in section 23, T27N, R1W to its confluence with the north branch of the Au Sable river.

(q) West branch, Big creek, from the outfall of Caulkins lake in section 14, T29N, R1W to its confluence with the east branch of Big creek in section 23, T27N, R1W.

(r) Middle branch, Big creek, from the outfall of West Twin lake in section 32, T29N, R1E to its confluence with the east branch of Big creek in section 13, T27N, R1W.

(s) East branch, Big creek, from the north line of section 27, T28N, R1E to its confluence with the west branch of Big creek in section 23, T27N, R1W.

(t) Big creek from the confluence of the east branch of Big creek and the west branch of Big creek in section 24, T26N, R1E to its confluence with the Au Sable river in section 1, T26N, R1E.

(u) West branch, Big creek, from its source in section 1, T24N, R1E to its confluence with the east branch of Big creek in section 24, T26N, R1E.

(v) East branch, Big creek, from its source in section 10, T25N, R2E to its confluence with the west branch of Big creek in section 24, T26N, R1E.

(w) Sohn creek from its source in section 20, T27N, R1E to its confluence with the Au Sable river.

(x) Beaver creek from the east line of section 26, T27N, R1E to its confluence with the Au Sable river.

(y) Wolf creek from its source in section 19, T26N, R3E to its confluence with the Au Sable river.

(z) Loud creek from its source in section 29, T26N, R3E to its confluence with the Au Sable river.

(aa) Perry creek from the outfall of Perry lake in section 9, T27N, R3E to its confluence with the Au Sable river.

(bb) Comins creek from its source in section 27, T27N, R3E to its confluence with the Au Sable river.

(cc) Glennie creek from its source in section 30, T27N, R4E to its confluence with the Au Sable river.

(dd) Nine mile creek from its source in section 28, T26N, R4E to its confluence with the Au Sable river.

(ee) Blockhouse creek from its source in section 28, T27N, R4E to its confluence with the Au Sable river.

(ff) All lakes, ponds, impoundments or other surface water bodies not traditionally considered rivers, streams or creeks if they are a contiguous part of the stream segments listed in subdivisions (a) to (ee) of this rule.

(gg) The lands lying within 400 feet of the river's edge as described in subdivisions (a) to (ff) of this rule.

History

• History: 2013 AACS.

Mich. Admin. Code R 281.171 Au Sable river system principal uses; natural vegetation strip {#sec-r-281.171 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.171}

Rule 121. (1) A principal use is allowed by right, but requires the issuance of a zoning permit by the zoning administrator. A principal use includes all of the following:

(a) A single-family dwelling or short-term rental facility with all the following provisions:

(i) The minimum building setback not less than 200 feet from the ordinary high-water mark on the mainstream, north branch and south branch, and 100 feet on all other designated tributaries, except as described in R 281.57.

(ii) The setback may be decreased 1 foot for every 1 foot rise in bank height to a minimum of 150 feet from the ordinary high-water mark on the mainstream, north branch and south branch, and to a minimum of 75 feet from the ordinary high-water mark on all other designated tributaries.

(iii) A dwelling shall be set back not less than 25 feet from the top of a bluff on the noncutting edge of a stream and not less than 50 feet from the top of a bluff on the cutting edge of a stream.

(iv) Building shall not take place on land that is subject to flooding or in any wetland area.

(v) The natural contour of the face and crest of the bluff shall not be altered.

(vi) The land between the crest of the bluff and the minimum building setback line shall not be altered except for minor landscaping activities.

(b) Accessory buildings and appurtenances that meet the setback and other development requirements of subdivision (a) of this subrule.

(c) One private boat dock per parcel, unless otherwise provided for in these rules, subject to R 281.57.

(d) One private river access stairway per parcel, subject to R 281.57.

(e) Utility lines to service a single-family dwelling or short-term rental facility.

(f) A disposal field, septic tank, and outhouse, with all the following provisions:

(i) A septic tank and disposal field meet local health department standards.

(ii) A disposal field located not less than 150 feet from the ordinary high-water mark and not less than 100 feet from any surface or subsurface drain that discharges into the Au Sable river or its designated tributaries, and shall not be located within the 100-year floodplain, a wetland area, or the natural vegetation strip.

(iii) A septic tank shall not be closer to the river than the dwelling it serves and shall not be located within a wetland area.

(iv) An outhouse constructed using a watertight waste containment system that allows waste to be pumped and hauled to an appropriate disposal site, located not less than 100 feet from the ordinary high-water mark and any surface or subsurface drain that discharges into the Au Sable river or its designated tributaries, and not located within the 100-year floodplain, a wetland area, or the natural vegetation strip.

(v) Drywells and earth privies are not permitted unless authorized by the local health department, are a minimum of 100 feet from the ordinary high-water mark, and the bottom of the pit or seepage bed is at least 4 feet above the seasonal high groundwater table.

(vi) An alternative on-site treatment system that results in a higher level of treatment than a conventional system may be located not less than 50 feet from the river’s edge on designated tributaries, except the north branch and south branch, provided no part of the system is in a wetland or the 100-year floodplain.

(vii) Disposal of sludge from any wastewater treatment system is prohibited in the natural river district.

(g) Mining and extracting industries, if all land disturbances, structures, and other activities related to the industry are located more than 300 feet from the ordinary highwater mark.

(h) A land division, if any lot created after August 15, 1990, with all the following provisions:

(i) Is accessible by a public road or legal easement on at least 1 side of the stream.

(ii) On the mainstream, north branch and south branch, has at least 200 feet of river frontage, unless a riverfront “common area” subject to a conservation easement is established, or a parcel does not have river frontage, in which case this dimension shall be measured at the point of the parcel closest to the river, and at least 200 feet wide at the minimum building setback line.

(iii) On all other tributaries, has at least 150 feet of river frontage, unless a riverfront “common area” subject to a conservation easement is established, or a parcel does not have river frontage, in which case this dimension shall be measured at the point of the parcel closest to the river, and at least 150 feet wide at the minimum building setback line.

(iv) Contains at least 50,000 square feet of area within the natural river district. Any “common area” created or any bottomlands shall not be used in any calculations related to minimum parcel area. If a parcel does not have river frontage, and the front line of the parcel is greater than 150 feet from the river’s edge at all points, this subdivision does not apply, and the minimum parcel width will be measured at the front lot line.

(v) Has sufficient depth and upland area to accommodate the required building setbacks pursuant to this rule.

(vi) A lot that exists on August 15, 1990, shall not be subdivided or reduced in dimension or area below the minimum requirements of this rule. Any lot created after August 15, 1990, shall meet the minimum requirements of this rule, except as provided in R 281.56.

(i) Home occupations and home-based occupations, subject to R 281.57.

(j) Land alteration, subject to R 281.57.

(k) Bridges, subject to R 281.58.

(l) Forest management activities within the natural vegetation strip, subject to R 281.57.

(m) A boardwalk that meets the minimum building setback requirements in this subdivision and a boardwalk associated with a footpath to the river’s edge, subject to R 281.57.

(n) Bank stabilization and fisheries habitat improvement activities, subject to R 281.57.

(2) Within the Au Sable river natural river district, a natural vegetation strip that includes the river and all lands within 75 feet of the ordinary high-water mark shall be maintained on each side of the Au Sable river mainstream, north branch, and south branch. A restrictive cutting belt that includes the river and all lands within 50 feet of the ordinary high-water mark shall be maintained on each side of all designated tributaries.

Cutting in the natural vegetation strip is subject to R 281.57.

History

• History: 2004 AACS; 2013 AACS.

Mich. Admin. Code R 281.172 Purpose; intent; scope {#sec-r-281.172 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.172}

Rule 2. (1) The director, on his or her own motion, to implement the intent of Natural Rivers Part 305 of 1994 PA 451, and in the absence of local zoning to protect the Upper Manistee river, a designated natural river, promulgates these rules for the following purposes:

(a) To promote the public health, safety, and general welfare; to prevent economic and ecological damage due to misuse, unwise development patterns, overcrowding, and overuse within the natural river district; and to preserve the values of the natural river district for the benefit of present and future generations.

(b) To protect the free-flowing condition, fish, aquatic and wildlife resources, water quality, scenic and aesthetic qualities, and historical and recreational values of the Upper Manistee river and adjoining land.

(c) To prevent flood damage due to interference with the natural floodplain characteristics by excluding developments which are vulnerable to flood damage and which may reduce the capacity of the floodway of the river to withstand flooding conditions.

(d) To provide for uses that complement the natural characteristics of the natural river system.

(e) To protect individuals from investing funds in structures that are proposed for location on lands that are unsuited for such development because of high groundwater, erosion, or vulnerability to flood damage.

(f) To achieve the goals and objectives of the Upper Manistee river natural river plan.

(2) It is the general intent of these rules to define terms used and to regulate and restrict lot coverage and use, population distribution and density, and the size and location of all structures by the delineation of permitted uses and development standards so as to promote the purposes identified in this rule. It is further intended to provide for the administration and enforcement of these rules and to provide penalties for their violation.

(3) It is not the intent of these rules to revoke, annul, cancel, or in any way impair or interfere with existing provisions of law, ordinances, or any rules, regulations, or premises or with any private restrictions placed upon property by covenant or deed.

However, where such provisions of law are less restrictive than the provisions of Natural Rivers Part 305 of 1994 PA 451, and the rules promulgated thereunder, the provisions of Natural Rivers Part 305 of 1994 PA 451 and the rules promulgated thereunder shall apply.

History

• History: 2004 AACS.

Mich. Admin. Code R 281.173 Construction of language: severability {#sec-r-281.173 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.173}

Rule 3. (1) All of the following rules of construction apply to the text of these rules:

(a) A "building" or "structure" includes any part thereof.

(b) The phrase "used for" includes "arranged for," "designed for," "intended for,"

"maintained for," or "occupied for."

(c) The word "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity.

(d) The terms "lot" and "parcel" have the same meaning.

(e) Terms not defined in these rules shall have the meanings customarily assigned to them.

(2) In any case in which the provisions of these rules are declared by the courts to be unconstitutional or invalid, such ruling shall not affect the validity of the remaining provisions of these rules and to this end the provisions of these rules are declared to be severable.

History

• History: 2004 AACS.

Mich. Admin. Code R 281.174 Lot size and area; subdivision of land; home and home-based occupations; native vegetation buffer; signs; docks; height of structures; river access stairways; dams; impervious surfaces {#sec-r-281.174 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.174}

Rule 4. (1) Unless otherwise provided for in these rules, a lot created after the effective date of these rules shall meet all of the following standards on at least 1 side of the stream that is accessible by a public road or legal easement:

(a) Have at least 200 feet of river frontage (unless a riverfront "common area" subject to a conservation easement is established, or the parent parcel does not have river frontage, in which case this dimension shall be measured at the point of the parcel closest to the river) and be at least 200 feet wide at the minimum building setback line.

(b) Contain at least 1/2 acre of existing contiguous upland buildable area (non-wetland, non-floodplain) landward of the minimum building setback line.

(c) Contain at least 80,000 square feet of area within the Natural River District (any "common area" created or any bottomlands shall not be used in any calculations related to minimum parcel area). If the parent parcel does not have river frontage, and the front line of any newly created parcel is greater than 100 feet from the river's edge at all points, this subdivision does not apply, and the minimum parcel width will be measured at the front lot line.

(d) Have sufficient depth to accommodate the required building setbacks pursuant to R 281.177.

(2) A lot that exists on the effective date of this rule shall not besubdivided or reduced in dimension or area below the minimum requirements of these rules. Lots that are created after the effective date of this rule shall meet the minimum requirements of these rules, except as provided in subrules (3) and (4) of this rule.

(3) Proposed lots which have preliminary plat approval pursuant to 1967 PA 288, MCL 560.101, but which do not meet the dimensional requirements of these rules on their effective date, shall, on final plat approval, be issued a permit subject to the requirements in R 281.179 and R 281.180.

(4) Lots of record which are created before the effective date of these rules, and which do not possess sufficient land area or lot width may be used for the purposes described in these rules, subject to the requirements in R 281.179 and R 281.180.

(5) Home occupations and home-based occupations shall conform to all of the following requirements:

(a) The use of the dwelling unit, or related structure, for a home occupation or home-based occupation shall be clearly incidental and subordinate to its use for residential purposes.

(b) Equipment or a process shall not be used in a home occupation or home-based occupation if it creates noise, vibration, fumes, odors, or electrical interference that is detectable to the normal senses off the premises.

(6) Within the natural river district, a native vegetation buffer that includes the river and all lands within 75 feet of the ordinary high watermark shall be maintained on each side of the Upper Manistee river mainstream and all designated tributaries.

Trees and shrubs may be pruned over not more than a 50-foot width for a filtered view of the river, but clear cutting in the native vegetation buffer is prohibited. The native vegetation buffer is also subject to all of the following provisions:

(a) Unsafe trees and noxious plants and shrubs, such as poison ivy and poison sumac, may be removed.

(b) The selected removal or trimming of trees for forest management practices or disease and insect control, and clearing of vegetation to the minimum width required for public utility primary electric distribution lines and service lines for permitted uses, is permitted upon approval of the zoning administrator in consultation with local Conservation District staff, if the activity is in keeping with the goals and objectives of the Natural River Plan.

(c) Camping other than low-impact tent camping is not permitted in the native vegetation buffer.

(d) Mowing is prohibited in the native vegetation buffer except in areas that had been maintained in a mowed condition prior to adoption of these rules or to establish a footpath to the river not to exceed 4 feet wide.

(e) In the Manistee River mainstream vegetation may be selectively pruned to allow for safe navigation and to alleviate flooding that threatens a dwelling. This may include pruning of a maximum 8-foot wide section of vegetation. Portions of trees, logs, and other natural material imbedded in the stream channel may not be disturbed.

(f) A boardwalk constructed in conjunction with the footpath described in subdivision (d) of this subrule is permitted upon approval of the zoning administrator if it is placed only in areas that are generally too wet to be traversed without significant disturbance of the soils, the boardwalk and supports are constructed of wood, the boardwalk is not more than 3 feet wide and does not include railings, and the top of the boardwalk is not more than 12 inches above grade.

(g) All islands in all stream segments are subject to the native vegetation buffer standards.

(h) A wider native vegetation buffer may be required for certain commercial uses.

(7) Signs for identification, direction, resource information, regulation of use and those related to permitted uses are allowed. Signs for the sale of products or services are prohibited, unless related to a permitted use, located on the site of the permitted use, not located in the native vegetation buffer and not visible from the river. Illuminated signs are prohibited. Signs may be not more than 2 square feet in area. Exceptions include 1 real estate sign not more than 4 square feet outside the native vegetation buffer, and public agencies' signs not larger than 10 square feet, of rustic design and not attached to vegetation. Some public agency signs may need to be larger to warn of impending danger or for interpretative or historic reasons.

(8) Private boat docks shall be in compliance with all of the following requirements:

(a) Docks shall not be more than 48 square feet in area, with not more than 4 feet of the dock extending over the edge of the river.

(b) Docks shall be designed, constructed, and maintained to blend with the natural surroundings. The use of natural, native materials is encouraged.

(c) Unless otherwise provided for in these rules, only 1 dock shall be constructed per lot.

(9) Unless otherwise provided in these rules, a structure shall not be more than 2 1/2 stories tall, not including a basement, and not more than 35 feet in height measured from the original surface elevation.

(10) Private river access stairways are permitted upon approval of the zoning administrator if in compliance with all of the following requirements:

(a) There is no other safe, feasible access to the river without a stairway.

(b) The stairway is low-profile, not more than 4 feet wide and constructed without stairs being recessed into the ground surface unless site and soil conditions dictate that a recessed stairway is more appropriate.

(c) There are no landings associated with the stairway unless required by building codes, in which case the landings shall be of the minimum number and size required by building codes.

(d) Not more than 1 handrail is associated with the stairway.

(e) Only 1 river access stairway is permitted per parcel.

(f) The stairway is constructed using natural materials and is located and maintained to blend with the natural surroundings.

(11) Construction of new dams is prohibited. Reconstruction of a failed dam is permitted under any of the following conditions:

(a) Reconstruction of a dam destroyed by a catastrophic event such as flood may be reconstructed.

(b) Reconstruction of a dam that failed due to lack of maintenance or other negligence by the owner or operator is prohibited.

(c) Reconstruction of a dam that failed due to a catastrophic event shall comply with construction standards in effect at the time of application for replacement.

(d) Application for reconstruction shall be received within 1 year of destruction.

(e) A reconstructed dam shall be rebuilt with a height not greater than the original dam height.

(f) A bottom discharge and fish passage facilities shall be provided for a reconstructed dam where appropriate.

(g) A request for replacement of a dam destroyed by a catastrophic event shall be handled as a variance request for reconstruction of a destroyed, non-conforming structure.

(12) The maximum percentage of impervious surface permitted on a lot shall be as follows:

(a) For lots with less than 10,000 square feet of area, not more than 35% of the land surface may be covered by impervious surfaces.

(b) For lots with between 10,000 square feet and 40,000 square feet of area, not more than 25% of the land surface may be covered by impervious surfaces.

(c) For lots with between 40,001 square feet and 80,000 square feet of area, not more than 20% of the land surface may be covered by impervious surfaces.

(d) For lots greater than 80,000 square feet of area, not more than 10% of the land surface may be covered by impervious surfaces.

History

• History: 2004 AACS.

Mich. Admin. Code R 281.175 Boundaries; interpretation of boundaries; filing of zoning map {#sec-r-281.175 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.175}

Rule 5. (1) The boundaries of the Upper Manistee river natural river district shall be as described in these rules and as depicted on the certified Upper Manistee river natural river zoning map. The Upper Manistee river natural river zoning district comprises an area that is described as follows:

(a) The Manistee river mainstream from its sources in Sections 1 and 12 of Mancelona Township, T29N, R5W to the Wexford/Missaukee county line.

(b) Frenchman's Creek from the Lake Elizabeth Dam in section 30 of Hayes Twp., T29N, R4W to its confluence with the Manistee River.

(c) Lost Lake Outlet from the outfall of Lost Lake in Section 6 of Frederic Township, T28N, R4W toits confluence with the Manistee River.

(d) An unnamed stream from its source in Section 13 of Blue Lake Township, T28N, R5W to its confluence with the Manistee River.

(e) Goose Creek from Cameron Bridge Road in section 27 of Blue Lake Twp., T28N, R5W to its confluence with the Manistee River.

(f) Portage Creek from the control structure near the outfall of Lake Margrethe, section 8 of Grayling Twp., T26N, R4W to its confluence with the Manistee River, including all braided channels.

(g) All perennial tributaries to Portage Creek from their sources to their confluence with Portage Creek.

(h) Clear Creek from its source at Boiling Springs in section 28 of Bear Lake Twp., T26N, R5W to its confluence with the Manistee River.

(i) Black Creek from the outfall of South Black Lake in section 21 of Bear Lake Twp., T27N, R5W to its confluence with the Manistee River, including all braided channels.

(j) All perennial tributaries to Black Creek from their sources to their confluence with Black Creek.

(k) Dempsey Creek from its source in section 19 of Bear Lake Twp., T26N, R5W to its confluence with the Manistee River.

(l) Big Devil Creek from its source in Section 18 of Garfield Township, T25N, R5W to its confluence with the Manistee River.

(m) Big Cannon Creek from its source in section 5 of Norwich Twp., T24N, R5W to its confluence with the Manistee River.

(n) The North Branch of the Manistee River from County Road 612 in section 3 of Excelsior Twp., T27N, R6W to its confluence with the Manistee River.

(o) An unnamed stream from Tower Road in section 25 of Coldsprings Twp., T28N, R6W to its confluence with the North Branch of the Manistee River.

(p) Morrison Creek from its source in section 28 of Excelsior Township, T27N, R6W to its confluence with the North Branch of the Manistee River.

(q) Collar Creek from its source in section 33 of Excelsior Township, T27N, R6W to its confluence with Morrison Creek.

(r) An unnamed stream from its sources in section 26 of Excelsior Township, T27N, R6W to its confluence with Morrison Creek.

(s) All other perennial tributaries to the North Branch of the Manistee River from their sources to their confluence with the North Branch of the Manistee River.

(t) Willow Creek from its source in section 14 of Orange Twp., T26N, R7W to its confluence with the Manistee River.

(u) Pierson Creek from its source in section 12 of Orange Township, T26N, R7W to its confluence with Willow Creek.

(v) Maple Creek from its source in section 22 of Orange Twp., T26N, R7W to its confluence with the Manistee River.

(w) Little Cannon Creek from multiple sources in sections 29, 31 and 32 of Garfield Twp., T25N, R6W to its confluence with the Manistee River.

(x) Silver Creek from its source in section 1 of Pioneer Twp, T24N, R7W to its confluence with Little Cannon Creek.

(y) Waterhole Creek and all tributaries from their multiple sources in Garfield Township, T25N, R7W to the confluence with the Manistee River.

(z) Babcock Creek from its sources in section 33 of Garfield Township, T25N, R 7W to its confluence with the Manistee River.

(aa) Filer Creek from its source in Section 4 of Pioneer Township, T24N, R7W to its confluence with the Manistee River.

(bb) Nelson Creek from its sources in Section 30 of Garfield Township, T25N, R7W to its confluence with the Manistee River.

(cc) Spring Creek from its sources in section 22 of Springfield Twp., T25N, R8W to its confluence with the Manistee River.

(dd) Bourne Creek from its sources in section 29 of Springfield Twp., T25N, R8W to its confluence with the Manistee River.

(ee) Ham Creek from its source in Section 24 of Bloomfield Twp., T24N, R8W to its confluence with the Manistee River, including two tributaries with sources in Sections 3 and 9.

(ff) Gravy Creek from its source in section 5 of Bloomfield Twp., T24N, R8W to its confluence with the Manistee River.

(gg) Haynes Creek from its source in section 31 of Springfield Twp., T25N, R8W to its confluence with the Manistee River.

(hh) Hopkins Creek from its source in Section 17 of Forest Twp., T23N, R7W to its confluence with the Manistee River.

(ii) Fisher Creek (a.k.a. "Hopkins Creek" on the USGS topographic map) from its source in section 31 of Springfield Twp., T25N, R8W to its confluence with the Manistee River.

(jj) All lakes, ponds, impoundments or other surface water bodies not traditionally considered rivers, streams or creeks if they are a contiguous part of the stream segments listed in subdivisions (a) to (ii) of this subrule.

(kk) The lands lying within 400 feet of the river's edge that are enumerated in subdivisions (a) to (jj) of this subrule.

(2) If uncertainty exists with respect to the boundaries of the district as shown on the zoning map, then all of the following provisions shall apply:

(a) Boundaries that are indicated as approximately following the centerline of streets or highways shall be construed to follow the centerline.

(b) Boundaries that are indicated as approximately following lot lines shall be construed as following the lot lines.

(c) Boundaries that are indicated as approximately following city, village, township, or county boundaries lines shall be construed as following the city, village, township, or county boundary lines.

(d) Boundaries that are indicated as following railroad lines shall be construed to be midway between the right-of-way lines.

(e) Boundaries that are indicated as following shorelines shall be construed to follow the shorelines, and, in the event of change in the shorelines, shall be construed as moving with the actual shorelines. Boundaries that are indicated as approximately following the centerline of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow the centerline.

(f) Boundaries that are indicated as parallel to or extensions of features indicated in subdivisions (a) to (e) of this subrule shall be so construed. Distances that are not specifically indicated on the official zoning map shall be determined by the scale of the map.

(g) If physical or natural features that exist on the ground are at variance with those shown on the official zoning map or in other circumstances are not covered by the provisions of subdivisions (a) to (f) of this subrule, then the zoning review board shall interpret the district boundaries.

(h) Insofar as a portion or all of the district may be indicated on the zoning map by a pattern which, for the sake of map clarity, does not cover public rights-of-way, then the district boundaries extend to the center of any public right-of-way.

(3) Certified copies of the Upper Manistee River natural river zoning map shall be filed with all of the following entities:

(a) The state tax commission.

(b) Local tax assessing officers.

(c) Township and county clerks.

(d) County drain commissioners.

(e) Local building department.

(f) The natural rivers unit of the Michigan department of natural resources.

History

• History: 2004 AACS.

Mich. Admin. Code R 281.176 Zoning permits; site plans; certificates of zoning compliance {#sec-r-281.176 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.176}

Rule 6. (1) A building or other structure shall not be erected, moved, added to, or structurally altered, and a land use shall not be commenced, without a zoning permit as specified by these rules and as issued by the zoning administrator. Permits shall not be required for exempt activities as specified in R 281.177. Plans that are submitted when applying for a zoning permit shall contain the necessary information for determining compliance with these rules.

(2) Concurrent with applying for a zoning permit, an applicant shall submit a site plan of the proposed development. The site plan shall include the entire area that is proposed for development. The zoning administrator, in the case of a principal use application, or the zoning review board, in the case of a special use application, may require adjustments in the site plan as a condition for approval to ensure that the proposed development meets all standards contained in these rules. Except as otherwise waived by the zoning administrator, in the case of a principal use application, or the zoning review board, in the case of a special use application, a site plan shall show and include all of the following, either existing or proposed:

(a) A site plan drawn to scale, with the scale indicated.

(b) Property dimensions, including river frontage.

(c) Size, shape, use, and location of existing and proposed buildings or improvements, including distances to adjacent property boundaries and the river's edge.

(d) Existing vegetation, including the location and type.

(e) Adjacent streets and highways.

(f) Parking areas.

(g) Cross section drawing showing height of buildings above water level and bluff heights.

(h) Entrances to public streets.

(i) A description of the building design, including proposed construction materials.

(j) Drainage facilities.

(k) The location and description of the method to dispose of sanitary wastes.

(l) Proposed landscaping.

(m) The location of footpaths.

(n) Signs proposed, including the size, location, and material.

(o) North arrow.

(p) Date of drawing.

(q) Detailed site location map.

(r) Any additional information required by the zoning administrator or zoning review board to carry out the administrator's or board's duties. Examples of such information include the following:

(i) Soil types.

(ii) Topography.

(iii) Building elevations.

(iv) Site photographs.

(v) Anticipated traffic volumes.

(vi) Traffic circulation patterns.

(vii) Other pertinent site information.

(3) A building, structure, or lot for which a zoning permit has been issued shall not be occupied, and a use for which a zoning permit has been issued shall not commence, until the zoning administrator has, after final inspection, issued a certificate of zoning compliance that certifies compliance with these rules. However, the issuance of a certificate of compliance shall not be construed as waiving any provision of these rules. A building that is an accessory to a dwelling shall not require a separate certificate of zoning compliance, but may be included in the certificate of zoning compliance for the dwelling if shown on the site plan and if completed at the same time as the dwelling. A record of all certificates that are issued shall be kept on file in the office of the zoning administrator. Certificates of zoning compliance are for the purposes of these rules and shall not be interpreted as substitutes for certificates of occupancy that are required by local building codes or local zoning permits.

History

• History: 2004 AACS.

Mich. Admin. Code R 281.177 Land use and development standards {#sec-r-281.177 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.177}

Rule 7. (1) Land uses within the natural river district are classified as exempt, principal, or special uses and are described as follows:

(a) Exempt uses are uses which are permitted by right and which are not subject to the receipt of a zoning permit. Exempt uses include all of the following:

(i) Private, noncommercial recreation which does not involve permanent structures, equipment, or other devices, but which includes camping, boating, fishing, hunting, and other similar activities.

(ii) Reforestation and other accepted forest management practices that do not involve permanent structures and that are landward of the native vegetation buffer.

(iii) Agricultural activities, such as plowing, disking and planting of crops, including general and specialized farming such as Christmas tree farms, provided that all new activities occur landward of the native vegetation buffer and provided such uses will not significantly contribute to stream degradation. Construction of any residential and farm-related structures and appurtenances are classified as principal uses (see subrule (b) of this rule) and are subject to zoning permit requirements. New aquaculture facilities and concentrated animal feeding operations, and expansion of existing aquaculture facilities and concentrated animal feeding operations, are not permitted within the Natural River District without a land use variance. Resumption of prior agricultural uses that were located within the native vegetation buffer but have been discontinued, such as crop fields that are rotated, may resume if 1 of the following criteria are met:

(A) The cessation of use was within 10 years of resumption of use.

(B) The cessation of use was due to implementation of a management plan written prior to adoption of these rules.

(C) The cessation of use was the result of written agreements with a governmental agency or agencies entered into prior to adoption of these rules.

(D) The cessation of use was the result of written agreements with a governmental agency or agencies entered into after adoption of these rules or ordinances implementing this plan, where the term of cessation of use specified in the agreement is for 10 years or less.

(E) The cessation of use was required or imposed by a governmental agency or agencies.

(iv) The operation of licensed motor vehicles on dedicated public roads or private roads that are designed to provide access to a permitted use.

(v) The off-road operation of emergency and public utility maintenance vehicles, and the operation of motorized or non-motorized wheelchairs by persons with disabilities on footpaths, boardwalks, or other designated trails. Other motorized vehicles may not be operated off the road in the native vegetation buffer as specified in R 281.174.

(vi) Cutting of low growing vegetation in the native vegetation buffer to create a private footpath of not more that 4 feet in width leading to a single point on the river's edge. A boardwalk or other above grade walkway is considered a structure and requires a zoning permit.

(vii) Signs, subject to the provisions of R 281.174.

(viii) A replacement residential water supply well, provided the replacement well is no closer to the river's edge than the well it is replacing and is landward of the native vegetation buffer, and the replaced well is properly abandoned.

(ix) Routine maintenance and repairs of principal uses within the existing foundation and structure, subject to the provisions of R 281.180.

(x) Satellite dishes that are less than 24 inches in diameter and that are not located in the native vegetation buffer.

(b) Principal uses are uses which are allowed by right, but which require the issuance of zoning permits by the zoning administrator. Principal uses include all of the following:

(i) Single-family dwellings, including detached long-term rental dwellings, if all of the following provisions are complied with:

(A) Only 1 dwelling per parcel unless 1 of the following occurs:

(1) The property owner develops a site plan for the parent parcel showing theoretical property lines for individual lots based on Natural River development standards, and locates any additional residences and appurtenances as if the property were divided into those separate lots.

(2) For each single-family dwelling placed in a cluster-type setting so that the requirements in subdivision (b)(i)(A)(1) are not met, a portion of the parent parcel containing square footage, width, depth and buildable area equal to a newly created separate legal parcel as described in R 281.174 shall be made subject to a permanent conservation easement or deed restriction that prohibits construction of any structures within that portion of the parcel, or the development rights to a portion of the parent parcel containing square footage, width, depth, and buildable area equal to a newly created separate legal lot or parcel as described in R 281.174 shall be sold, donated or otherwise conveyed in perpetuity to a land conservancy, local unit of government, or the state. The agency acquiring the development rights shall agree in writing to refrain from development of the land in perpetuity.

(B) Building setback for lots shall be not less than 100 feet from the ordinary high watermark on the mainstream and other designated tributaries, except as described in subdivision (b)(i)(C) of this rule. Structures shall be set back not less than 50 feet from the crest of a bluff on the mainstream and not less than 25 feet from the crest of a bluff on designated tributaries. No building shall take place on land that is subject to flooding or in any wetland area. The natural contour of the face and crest of the bluff shall not be altered. The land between the crest of the bluff and the minimum building setback line shall not be altered except for minor landscaping activities.

(C) Building setbacks in areas of concentrated development are as follows: If a vacant legal nonconforming parcel is between and adjacent to 2 parcels that contain legal single-family dwellings that do not meet the minimum building setbacks, and the adjacent legal non-conforming single-family dwellings are within 300 feet of each other, then the minimum building setback for a new single-family dwelling on the vacant parcel is the distance from the river of the adjacent single-family dwelling that is farthest from the river's edge or the minimum required width of the native vegetation buffer, whichever is greater, provided the single-family dwelling is not placed on lands that are subject to flooding or in any wetland area. All appurtenances and accessory buildings shall meet the minimum required building setback described in subdivision (b)(i)(B). All structures shall be set back not less than 50 feet from the crest of a bluff on the mainstream and not less than 25 feet from the crest of a bluff on designated tributaries. The natural contour of the face and crest of the bluff shall not be altered. The land between the crest of the bluff and the minimum building setback line shall not be altered except for minor landscaping activities.

(ii) Expansion of a legal nonconforming single-family dwelling subject to the provisions of R 281.180.

(iii) Accessory buildings and appurtenances that meet requirements of paragraph (i) of this subdivision.

(iv) One private boat dock per parcel, subject to R 281.174.

(v) One private river access stairway per parcel, subject to R 281.174.

(vi) Utility lines to service private, single-family dwellings.

(vii) Disposal fields, septic tanks, and outhouses if all of the following provisions are complied with:

(A) The septic tank and disposal field meet local health department standards.

(B) The disposal fields shall be located not less than 100 feet from the ordinary high watermark and any surface or subsurface drain that discharges into the Upper Manistee River or its designated tributaries, and shall not be located within the 100-year floodplain, a wetland area, or the native vegetation buffer.

(C) The septic tank shall be no closer to the river than the dwelling it serves and shall not be located within the 100-year floodplain or a wetland area.

(D) The bottom of the disposal field shall be at least 4 feet above the seasonal high groundwater table.

(E) An outhouse shall be constructed using a watertight waste containment system which allows waste to be pumped and hauled to an appropriate disposal site, shall be located not less than 100 feet from the ordinary high watermark and any surface or subsurface drain that discharges into the Upper Manistee River or its designated tributaries, and shall not be located within the 100-year floodplain, a wetland area, or the native vegetation buffer.

(F) Drywells and earth privies are not permitted unless they are authorized by the local health department, are a minimum of 100 feet from the ordinary high water mark, and the bottom of the pit or seepage bed is at least 4 feet above the seasonal high groundwater table.

(G) An innovative on-site treatment system that results in a higher level of treatment than a conventional system may be located not less than 75 feet from the river's edge, provided no part of the system is in a wetland or the 100-year floodplain.

(H) Disposal of sludge from any wastewater treatment system is prohibited in the Natural River District.

(viii) Water supply wells serving exempt, principal, or special uses if the well is landward of the native vegetation buffer described in R 281.174.

(ix) Mining and extracting industries, if all land disturbance, structures, and other activities related to the industry are located more than 300 feet from the ordinary high watermark.

(x) Land divisions, if the minimum standards specified in R 281.174 are met. A zoning permit, special use permit or variance will not be granted for any activity on a parcel that is created after the effective date of these rules if the new parcel does not meet all of the standards in R 281.174. No new parcel will be created that would require reaching the only buildable area by constructing a road/stream crossing.

(xi) Home occupations and home-based occupations, subject to the provisions of Rule 4.

(xii) Land alteration, such as grading, dredging, and filling of the land surface, except thin the native vegetation buffer, on the face or crest of a bluff, or in a wetland or floodplain as defined in R 281.171. Draining wetlands is prohibited. Ponds may be constructed if the pond is not constructed in a wetland or the 100-year floodplain, the pond meets the building setback established for the area, spoils are placed in a non-wetland, non-floodplain area landward of the native vegetation buffer, and the pond is not connected to the river by any surface or subsurface drainage system.

(xiii) Bridges, including any structure of any span length designed to provide a pedestrian or vehicle stream crossing, subject to the following standards:

(A) All existing bridges that are destroyed by any means, whether on a tributary or mainstream segment, may be replaced. On mainstream segments, destroyed pedestrian bridges may not be replaced with vehicle bridges. Destroyed bridges shall be replaced within 18 months of destruction or the replacement bridge shall be considered to be a new bridge and will be subject to new bridge standards.

(B) New bridges are not permitted on any parcel that is created after the effective date of these rules.

(C) New bridges of any type are prohibited on mainstream segments.

(D) All replacement bridges on mainstream segments shall span the bankfull channel, have a minimum clearance of 5 feet between the ordinary high water mark and "low steel" (the bottom of the bridge deck and/or deck supports other than abutments), and be a structure with a natural bottom, for example, pipe, box, or arch culverts are not permitted.

(E) New pedestrian bridges are permitted on all tributaries provided the lands connected by a new bridge were, at the time of adoption of these rules, and continue to be, collectively owned by a single person.

(F) New bridges linking properties in separate ownership shall not be permitted except in areas where construction of such a bridge to access a permitted building site will result in less resource damage than construction of another type of permitted access.

The exception shall only apply to lots that were created before the effective date of these rules.

(G) Only 1 bridge is permitted to access a portion of land that is otherwise inaccessible from the owner's contiguous property.

(H) Permanent new bridges on tributaries shall span the bankfull channel and be a structure with a natural bottom, for example, pipe, box or arch culverts are not permitted, and, in the case of pedestrian bridges, be constructed such that use by any motorized vehicles, such as dirt bikes and ATVs, are excluded.

(I) Permanent bridges replacing bridges that have natural bottoms on tributaries shall span the bankfull channel and be a structure with a natural bottom, for example, pipe, box, or arch culverts, are not permitted, and in the case of pedestrian bridges, be constructed such that use by any motorized vehicles, such as dirt bikes and ATVs, are excluded.

(J) Permanent bridges replacing bridges without natural bottoms on tributaries shall span the bankfull channel, and, in the case of pedestrian bridges, be constructed such that use by any motorized vehicles, such as dirt bikes and ATVs, are excluded.

(K) Temporary vehicle bridges on tributaries for the purpose of access for timber harvest may be permitted provided they are constructed in a manner that minimizes disruption of the stream and are removed immediately after harvesting activities.

Disturbed areas in the native vegetation buffer shall be re-vegetated, any fill placed shall be removed and the land shall be returned to its original grade as soon as possible after removal of the bridge. Proper erosion/sedimentation control methods shall be used during placement and use of the bridge.

(L) New permanent vehicle bridges on tributaries may be allowed upon receipt of a special use permit.

(xiv) Forest management activities within the native vegetation buffer, subject to the provisions of R 281.174.

(xv) Boardwalks that meet the setback requirements of subrule (2)(C) of this rule and boardwalks associated with a footpath to the river's edge subject to R 281.174(6).

(c) The Upper Manistee River natural river plan and these rules recognize that certain types of residential, recreational, and commercial uses may be appropriate for the natural river district that have not been identified under the exempt and principal uses provisions of this rule. To ensure that such uses do not contravene the goals and objectives of the Upper Manistee River natural river plan and these rules, such uses shall be referred to as special uses and shall be subject to the review and approval of the zoning review board. Special uses and their development standards include all of the following:

(i) Detached rental cabins, if all of the following provisions are complied with:

(A) The number of cabins permitted shall be based on the rate of 1 cabin per 200 feet of frontage. Clustering of rental cabins is permitted and encouraged; however, there shall not be more than 1 cabin per 200 feet of river frontage. For each cabin placed in a cluster-type setting, a portion of the parent parcel containing square footage, width, depth and buildable area equal to a newly created separate legal parcel as described in R 281.174 shall be made subject to a permanent conservation easement or deed restriction that prohibits construction of any structures within that portion of the parcel, or the development rights to a portion of the parent parcel containing square footage, width, depth and buildable area equal to a newly created separate legal lot or parcel as described in R 281.174 will be sold, donated, or otherwise conveyed in perpetuity to a land conservancy, local unit of government, or the state.

The agency acquiring the development rights shall agree in writing to refrain from development of the land in perpetuity.

(B) The size of each cabin shall not exceed 900 square feet and 1 story in height. The cabin shall not contain sleeping accommodations for more than 8 people.

(C) Each cabin shall be set back a minimum of 200 feet from the ordinary high watermark. All associated buildings and structures shall be located outside of the Natural River District.

(D) Temporary recreational facilities, including tents, camper trailers, and recreational vehicles shall be located outside of the Natural River District.

(E) Each cabin shall be a minimum of 75 feet from the property line of adjacent riverfront properties.

(F) Establishment of vegetative buffers along side or back lot lines may be required for rental cabins that are adjacent to existing residential uses. Buffers shall consist of plant material that is indigenous to the area in a strip at least 20 feet wide composed of deciduous trees interspersed with coniferous trees to be spaced not more than 10 feet apart. Deciduous trees shall be a minimum of 8 feet in height and coniferous trees a minimum of 5 feet in height at the time of planting. The buffer shall also include dense shrubs placed not less than 5 feet apart having a minimum of 3 feet in height when planted. The entire buffer shall be maintained in at least as healthy a condition as when planted.

(G) Docks may be constructed for the private use of occupants of the rental cabins.

Permanent and seasonal docks shall comply with the general standards for docks and all of the following provisions:

(1) Docks shall be not larger than 48 square feet, with not more than 4 feet of the dock extending into the water.

(2) Docks may be constructed at the rate of 1 dock per 1000 feet of frontage. If the property in question contains less than 1000 feet of frontage, 1 dock will be permitted.

(3) Docks shall be constructed of natural materials that blend with the natural surroundings.

(4) Access to a dock or docks shall be along a single designated footpath not more than 4 feet wide to minimize disruption of the native vegetation buffer.

(5) Any steps or stairs necessary on the streambank to access the dock shall be constructed without cutting into the ground surface, unless site and soil conditions indicate that a recessed stairway will better meet the goals and objectives of designation.

(ii) Campgrounds, including those with provisions for tents, travel trailers, campers, and motor homes, with associated noncommercial buildings, impervious pads, and utility hookups, if all of the following provisions are complied with:

(A) Campgrounds shall be constructed and maintained in accordance with all applicable state regulations.

(B) Commercial buildings associated with the campground are prohibited in the Natural River District.

(C) All permanent structures shall be at least 200 feet from the river's edge.

(D) Campsites are permitted at a density of not more than 4 sites per acre of land that is located in the Natural River District and landward of the native vegetation buffer.

(E) A 100 foot-wide native vegetation buffer along the river shall be maintained.

(F) Campsites that accommodate wheeled motor vehicles shall be at least 200 feet from the river's edge.

(G) Walk-in campsites shall be landward of the native vegetation buffer.

(H) Docks may be constructed at the rate of 1 dock not larger than 48 square feet for each 200 feet of river frontage, accessed by a single footpath not more than 4 feet wide.

(I) No motorized vehicle access to the river is permitted.

(J) Launching or retrieval of commercial watercraft, other than by registered campers on-site, is prohibited at any newly developed campground.

(iii) Permanent vehicle bridges on tributaries subject to the provisions of R 281.177.

History

• History: 2004 AACS.

Mich. Admin. Code R 281.178 Application and approval; procedures and standards; principal uses and special uses {#sec-r-281.178 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.178}

Rule 8. (1) An application for a principal use shall be submitted and processed pursuant to all the following procedures:

(a) An application for a principal use shall be made on an application form that is available from the zoning administrator and shall be returned to the zoning administrator.

A completed application shall contain all of the following information:

(i) A completed application form that is signed by the applicant or the applicant's representative.

(ii) A site plan that meets the requirements of R 281.176.

(iii) Evidence of ownership or a legal interest in the property that is affected by the application for a principal use.

(b) Within 21 days of receipt of an application for a principal use, the zoning administrator shall notify the applicant of the need for additional information.

(c) Within 30 days of receipt of a completed application, the zoning administrator shall issue or deny a permit. If a permit is denied, notice of the denial, together with the reasons for the denial, shall be sent to the applicant.

(d) Concurrent with the issuance of a zoning permit, an applicant shall receive a copy of the approved site plan.

(e) Before commencing construction of a principal use, an applicant shall display the permit required by these rules face out in a conspicuous place facing the nearest street or roadway and shall display it continuously until the purpose for which the permit was issued is completed.

(f) Zoning permits are valid for 1 year and are not transferable. All buildings shall be completed within 1 year from the date of issuance of the zoning permit. However, 1 extension may be authorized by the zoning administrator, in writing, for a period of not more than 6 months if conditions pertaining to the issuance of the original permit remain unchanged. An application for an extension shall be made before the permit expires. Any subsequent extensions for a variance approval shall have the written approval of the zoning review board.

(2) An application for a special use permit shall be submitted and processed pursuant to all the following procedures:

(a) An application for a special use permit shall be made on an application form that is available from the zoning administrator and shall be returned to the zoning administrator. A completed application shall contain all of the following information and attachments:

(i) A completed application form that is signed by the applicant or the applicant's representative.

(ii) Eight copies of a site plan that meets the requirements of R 281.176.

(iii) Evidence of ownership or a legal interest in the property that is affected by the application for a special use.

(iv) A list of all property owners, together with their addresses, who are located within 300 feet of the applicant's property that is being considered for a special use.

(b) The application, together with the required attachments, shall be submitted not less than 30 days before the meeting of the zoning review board at which the application is to be considered.

(c) The zoning review board shall conduct at least 1 public hearing and shall require all of the following notifications of such hearing to be made not less than 5, nor more than 15, days before consideration of the special use application:

(i) One notice shall be published in a newspaper that circulates in the township in which the proposal is located.

(ii) Notice shall be sent by first-class mail or personal delivery to the owners of property for which approval is being considered and to all persons who are identified in 2(a)(iv) of this subrule.

(iii) Notice shall also be sent to all of the following entities:

(A) The natural rivers unit of the Michigan department of natural resources.

(B) Local tax assessing officials.

(C) Township and county clerks.

(D) Local building inspectors.

(E) State, district, or county health department, when applicable.

(d) In considering a special use application, the zoning review board shall require that all of the following general standards, in addition to those specific standards established for each special use in R 281.177 be satisfied:

(i) That the purposes specified in R 281.172 are accomplished.

(ii) That a compelling reason exists to locate the proposed use within the district boundaries if contiguous property under the same ownership is available outside the district.

(iii) That the proposed use in combination with other existing uses will not be a detriment to the public health, safety, and welfare.

(e) The zoning review board may impose conditions deemed necessary to accomplish the general and specific standards applicable to the proposed use.

(f) The concurring vote of at least 4 of the 7 voting members of the zoning review board shall be required to approve a special use.

(g) A special use that is granted by the zoning review board shall be valid for 1 year from the date of approval. If construction has not, in the opinion of the zoning review board, commenced and proceeded meaningfully at the end of the 1-year period, then the zoning administrator shall notify the applicant, in writing, of the expiration of the special use approval.

(h) If the zoning review board determines that the applicant has failed to comply with any of the requirements of these rules or the approved special use permit, then the board, after a public hearing held in accordance with the provisions of subrule (c) of this rule may revoke any special use approval.

(i) An application for a special use that has been denied by the zoning review board shall not be submitted for reconsideration unless, in the opinion of the zoning administrator, the application is significantly different in scope from the application that was denied or new and significant facts and conditions exist which may result in favorable action upon resubmission.

(j) Concurrent with the issuance of a special use permit, an applicant shall receive a copy of the approved site plan, with conditions, if any.

(k) Before commencing construction of a special use, an applicant shall display the permit required by these rules face out in a conspicuous place facing the nearest street or roadway and shall display it continuously until the purpose for which the permit was issued is completed.

History

• History: 2004 AACS.

Mich. Admin. Code R 281.179 Variances and variance hearings {#sec-r-281.179 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.179}

Rule 9. (1) A dimensional variance from these rules may be granted by the zoning review board after a public hearing or, in certain instances, by the zoning administrator as provided in subrule (3) of this rule to allow a modification from a standard that establishes an area, yard, height, floor space, frontage, setback, or similar numerical restriction, but only after substantive evidence establishes that there are practical difficulties in complying with these rules. A variance shall be permitted only when it is consistent with the general purposes and intent of these rules.

(2) The zoning review board or zoning administrator shall consider all of the following factors in determining if there are practical difficulties in complying with these rules as specified in subrule (1) of this rule:

(a) How substantial the variance is in relation to the zoning requirements.

(b) Whether a substantial change will be effected in the character of the area or a substantial detriment created for adjoining properties.

(c) Whether the difficulty can be overcome by some feasible method other than a variance.

(d) Whether, in view of the manner in which the difficulty arose, the interests of justice shall be served by allowing the variance.

(e) Whether the plight of the landowner is due to circumstances which are unique to his or her property and which are not created by the landowner.

(f) Whether the variance may result in a material adverse effect on the environment.

(3) For the purposes of these rules, the required hearing and review of a variance request by the zoning review board shall be waived for certain minor dimensional variances of principal uses, including legal nonconforming uses. Such variances shall be handled by the zoning administrator, who shall consider the provisions of subrule (2) of this rule in making a determination. The zoning administrator shall prepare a written finding of fact that details the reasons for approval or denial of the minor variance request. Minor variances are defined as reductions in setbacks for uses on any lawful lot that are not more than 25% of the normal dimensional requirements. Such uses shall include principal or accessory buildings or structures, including decks, porches, and steps.

(4) A land use variance is a land or building use in contravention of any of the use requirements of these rules. The zoning review board may, after a public hearing, grant a variance upon a finding of unnecessary hardship, which may be found upon substantial evidence being submitted that all of the following factors exist:

(a) The property cannot be used in a manner that is consistent with existing zoning.

(b) The hardship results from the application of these rules to the applicant's property.

(c) The hardship of which the applicant complains is suffered by his or her property directly and is not shared by others.

(d) The hardship is not the result of the applicant's own actions.

(e) The hardship is peculiar to the applicant's own property.

(5) In determining whether reasonable use may be made of the property as zoned, a reasonableeconomic return may be a factor that could be considered, but only if the applicant is in compliance with the provisions of subrules (1) to (4) of this rule. Whether any weight shall be given to the economic return factor shall be dependent on a determination that the owner has been deprived of all beneficial use of his or her property under existing zoning.

(6) For a land use variance, the zoning review board shall, after finding that unnecessary hardship exists, also find that, based on adequate evidence, the proposed use meets all of the following conditions:

(a) The use will be consistent with and in accordance with the general objectives of the Upper Manistee River natural river plan.

(b) The use will be designed, constructed, operated, and maintained so as to be consistent with and appropriate in appearance with the existing or intended character of the natural river district and the use will not change the essential character of the natural river district.

(c) The use will be adequately served by existing essential public facilities and services, such as highways, police and fire protection, drainage structures, refuse disposal, and sanitation facilities, or the persons or agencies that are responsible for the establishment of the proposed use may adequately provide essential services.

(d) The use will not involve uses, activities, processes, materials and equipment, and conditions of operation that will be detrimental to any persons, property, or the environmental quality of the district because of the excessive production of noise, smoke, fumes, glare, or odors or require the outdoor storage of raw materials or discarded materials produced in the use processes.

(e) The use will be consistent with the intent and purposes of these rules.

(f) The use or the structures to be used will not cause an overcrowding of the land or an undue concentration of population that may result in degradation to the river and district.

(g) The use plot area is sufficient, appropriate, and adequate for the use and the reasonable anticipated operation and expansion thereof.

(7) Upon receipt of an application for a variance, the zoning review board shall conduct a hearing on the request, except as provided in subrule (3) of this rule. The hearing and notice procedure shall follow the procedure established for special use applications by the provisions of R 281.178. A decision shall be made within 30 days after the final hearing to approve or deny the variance request. The zoning review board shall keep complete and detailed records of all its proceedings, which shall include the minutes of its meetings, its findings, and actions taken on each matter heard by it, including the final order. Reasons for the decision shall be in writing. The board shall record the vote of each member on each question. If a member is absent or fails to vote, the board shall indicate such fact. All records shall be open for public inspection. The concurring vote of at least 4 of the 7 voting members of the zoning review board shall be necessary to effect a dimensional variance in these rules. The concurring vote of at least 5 of the 7 voting members of the zoning review board is required to grant a land use variance in these rules. If the required concurring vote for approval of a variance is not achieved, then the variance is considered to be denied.

(8) The zoning review board shall not issue a land use variance when the district allows the use as a special use.

(9) The effect of any variance shall be to create a nonconforming land use, lot, or structure that is then subject to R 281.180, which regulates continued use.

(10) The zoning review board or the zoning administrator may impose conditions on an applicant before granting a variance. Such conditions shall be in writing. The zoning permit issued for the project for which the variance was approved is not valid until the applicant accepts the conditions in writing.

(11) An application for a variance that has been denied by the zoning review board or zoning administrator shall not be submitted for reconsideration unless, in the opinion of the zoning administrator, the application is significantly different in scope from the application that was denied or new and significant facts, and conditions exist which might result in favorable action upon resubmission.

History

• History: 2004 AACS.

Mich. Admin. Code R 281.180 Pine river system boundaries {#sec-r-281.180 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.180}

Rule 130. The boundaries of the Pine river natural river district shall be as described in these rules and as depicted on the certified Pine river natural river zoning map with an effective date of December 27, 2004. The Pine river natural river zoning district comprises an area that is described as follows:

(a) The Pine river mainstream, from the confluence of the North Branch Pine river and the East Branch Pine river in section 29, T20N, R10W to M-55.

(b) The north branch Pine river from its easternmost crossing of the north line of section 20, T21N, R9W to its confluence with the east branch Pine river. Lands adjacent to the north branch Pine river from its confluence with Spalding creek to its confluence with the east branch are subject to mainstream development standards in R 281.88.

(c) Spalding creek from 46 road in section 16, T21N, R10W to its confluence with the north branch Pine river.

(d) Fairchild creek from its source in section 13, T21N, R11W to its confluence with the north branch Pine river.

(e) Sixteen creek from its source in section 2, T20N, R10W to its confluence with the north branch Pine river.

(f) An unnamed stream from the outfall of a dam in section 8, T20N, R10W to its confluence with the Pine river.

(g) The east branch Pine river from the outfall of a lake in section 1, T20N, R10W to its confluence with the north branch Pine river.

(h) The Rose lake outlet from its sources at the outfall of Rose lake in section 3, T19N, R9W and the outfall of Emery lake in section 34, T20N, R9W, to its confluence with the east branch Pine river.

(i) Edgett creek from 190 th road in section 36, T20N, R10W to its confluence with the Rose lake outlet including both branches of the Diamond lake outlet from their sources in section 26, T20N, R10W to the confluence with Edgett creek.

(j) An unnamed stream from its source in section 20, T20N, R9W to its confluence with the Rose lake outlet.

(k) Sprague creek from the outfall of a pond in the center of section 33, T20N, R10W to its confluence with the Pine river.

(l) Beaver creek from the north/south centerline of section 11, T19N, R10W to its confluence with the Pine river.

(m) Little Beaver creek from the outlet of a large pond in the northeast 1/4 of section 19, T19N, R10W to its confluence with Beaver creek.

(n) An unnamed stream from the outfall of the southernmost of two ponds in section 14, T19N, R11W to its confluence with the Pine river.

(o) Coe creek from the outfall of Lake Olga in section 1, T20N, R11W to its confluence with the Pine river.

(p) Dyer creek from the outfall of a small pond in section 13, T20N, R11W to its confluence with Coe creek.

(q) Sellars creek from its source in section 21, T20N, R11W to its confluence with the Pine river.

(r) An unnamed stream from its source in section 20, T20N, R11W to its confluence with the Pine river.

(s) An unnamed stream from its source in section 19, T20N, R11W to its confluence with the Pine river.

(t) An unnamed stream from its source in section 24, T20N, R12W to its confluence with the Pine river.

(u) Silver creek from its source in section 15, T20N, R11W to its confluence with the Pine river, including all perennial tributaries from their sources to their confluence with Silver creek.

(v) An unnamed stream from its source in section 13, T20N, R12W to its confluence with the Pine river.

(w) An unnamed stream from its source in section 11, T20N, R12W to its confluence with the Pine river.

(x) An unnamed stream from its source in section 7, T20N, R11W to its confluence with the Pine river.

(y) An unnamed stream from the west line of section 6, T20N, R11W to its confluence with the Pine river.

(z) Poplar creek from its source in section 26, T21N, R11W to its confluence with the Pine river.

(aa) Dowling creek from its 2 sources in sections 21 and 28, T21N, R11W to its confluence with Poplar creek.

(bb) Hoxey creek from its source in section 25, T21N, R12W to its confluence with the Pine river.

(cc) An unnamed creek from its sources in section 27 and 34, T21N, R12W to its confluence with the Pine river.

(dd) Yates creek from its source in section 22, T21N, R12W to its confluence with the Pine river.

(ee) All lakes, ponds, impoundments or other surface water bodies not traditionally considered rivers, streams, or creeks if they are a contiguous part of the stream segments listed in subdivisions (a) to (dd) of this rule.

(ff) The lands lying within 400 feet of the river's edge as described in subdivisions (a) to (dd) of this rule.

History

• History: 2004 AACS; 2013 AACS.

Mich. Admin. Code R 281.181 Pine river system principal uses; natural vegetation strip; vegetative cutting within river channel {#sec-r-281.181 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.181}

Rule 131. (1) A principal use is allowed by right, but requires the issuance of a zoning permit by the zoning administrator. A principal use includes all of the following:

(a) A single-family dwelling or short-term rental facility with all the following provisions:

(i) The minimum building setback not less than 150 feet from the ordinary high-water mark on the mainstream and the north branch Pine river from its confluence with Spalding creek to its confluence with the east branch Pine river and not less than 100 feet from the ordinary high-water mark on all other designated tributaries, except as described in R 281.57.

(ii) On the mainstream and the north branch Pine river from its confluence with Spalding creek to its confluence with the east branch Pine river the setback may be decreased 1 foot for every 1-foot rise in bank height to a minimum distance of 100 feet from the ordinary high-water mark. The reduction in setback does not apply until the bank height reaches 25 feet, at which point the reduction in setback is 25 feet.

(iii) On all other tributaries, the setback may be decreased 1 foot for every 1-foot rise in bank height to a minimum distance of 75 feet from the ordinary high-water mark. The reduction in setback does not apply until the bank height reaches 15 feet, at which point the reduction in setback is 15 feet.

(iv) A dwelling shall be set back not less than 50 feet from the crest of a bluff on the mainstream and the north branch Pine river from its confluence with Spalding creek to its confluence with the east branch Pine river, and not less than 25 feet from the crest of a bluff on all other designated tributaries.

(v) Building shall not take place on land that is subject to flooding or in any wetland area.

(vi) The natural contour of the face and crest of the bluff shall not be altered.

(vii) The land between the crest of the bluff and the minimum building setback line shall not be altered except for minor landscaping activities.

(b) Accessory buildings and appurtenances that meet the setback and other development requirements of subdivision (a) of this subrule.

(c) One private boat dock per parcel, unless otherwise provided for in these rules, subject to R 281.57.

(d) One private river access stairway per parcel, subject to R 281.57.

(e) Utility lines to service a single-family dwelling or short-term rental facility.

(f) A disposal field, septic tank, and outhouse, with all the following provisions:

(i) A septic tank and disposal field meet local health department standards.

(ii) A disposal field located not less than 100 feet from the ordinary high-water mark and any surface or subsurface drain that discharges into the Pine river or its designated tributaries, and not located within the 100-year floodplain, a wetland area, or the natural vegetation strip.

(iii) A septic tank shall not be closer to the river than the dwelling it serves and not located within a wetland area.

(iv) An outhouse constructed using a watertight waste containment system that allows waste to be pumped and hauled to an appropriate disposal site, shall be located not less than 100 feet from the ordinary high-water mark and any surface or subsurface drain that discharges into the Pine river or its designated tributaries, and shall not be located within the 100-year floodplain, a wetland area, or the natural vegetation strip.

(v) Drywells and earth privies are not permitted unless authorized by the local health department, are a minimum of 100 feet from the ordinary high water mark, and the bottom of the pit or seepage bed is at least 4 feet above the seasonal high groundwater table.

(vi) An alternative on-site treatment system that results in a higher level of treatment than a conventional system may be located not less than 50 feet from the river’s edge on designated tributaries, except the north branch of the Pine river from the confluence with Spalding creek to the confluence with the east branch of the Pine river, provided no part of the system is in a wetland or the 100-year floodplain.

(vii) Disposal of sludge from any wastewater treatment system is prohibited in the natural river district.

(g) Mining and extracting industries, if all land disturbances, structures, and other activities related to the industry are located more than 300 feet from the ordinary highwater mark.

(h) A land division, if any lot created after December 27, 2004, with all the following provisions:

(i) Is accessible by a public road or legal easement on at least 1 side of the stream.

(ii) Has at least 200 feet of river frontage, unless a riverfront “common area” subject to a conservation easement is established, or a parcel does not have river frontage, in which case this dimension shall be measured at the point of the parcel closest to the river, and at least 200 feet wide at the minimum building setback line.

(iii) Contains at least 1/2 acre of existing contiguous upland buildable area (nonwetland, non-floodplain) landward of the minimum building setback line.

(iv) Contains at least 80,000 square feet of area within the natural river district. Any “common area” created or any bottomlands shall not be used in any calculations related to minimum parcel area. If a parcel does not have river frontage, and the front line of the parcel is greater than 150 feet from the river’s edge at all points, this subdivision does not apply, and the minimum parcel width will be measured at the front lot line.

(v) Has sufficient depth and upland area to accommodate the required building setbacks pursuant to the standards in this rule.

(vi) A lot that exists on December 27, 2004, shall not be subdivided or reduced in dimension or area below the minimum requirements of this rule. Any lot created after December 27, 2004, shall meet the minimum requirements of this rule, except as provided in R 281.56.

(i) Home occupations and home-based occupations, subject to R 281.57.

(j) Land alteration, subject to R 281.57.

(k) Bridges, subject to R 281.58.

(l) Forest management activities within the natural vegetation strip, subject to R 281.57.

(m) A boardwalk that meets the minimum building setback requirements in this subdivision and a boardwalk associated with a footpath to the river’s edge, subject to R 281.57.

(n) Bank stabilization and fisheries habitat improvement activities, subject to R 281.57.

(2) Within the Pine river natural river district, a natural vegetation strip that includes the river and all lands within 100 feet of the ordinary high-water mark shall be maintained on each side of the Pine river mainstream and the north branch Pine river from its confluence with Spalding creek to its confluence with the east branch Pine river. A restrictive cutting belt that includes the river and all lands within 50 feet of the ordinary high-water mark shall be maintained on each side of all designated tributaries. Cutting in the natural vegetation strip is subject to R 281.57.

(3) In the Pine river system upstream of the confluence of the north branch Pine river and the east branch Pine river and on all tributaries, vegetation in the stream channel shall not be disturbed except to alleviate flooding that threatens a dwelling. In the Pine river mainstream downstream of the confluence of the north branch Pine river and the east branch Pine river vegetation may be selectively pruned to allow for safe navigation and to alleviate flooding that threatens a dwelling. This may include pruning of a maximum 8foot wide section of vegetation. Portions of trees, logs, and other natural material imbedded in the stream channel shall not be disturbed.

History

• History: 2004 AACS; 2013 AACS.

Mich. Admin. Code R 281.182 Appeals; contested cases {#sec-r-281.182 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.182}

Rule 12. An aggrieved party who contests the decision of the zoning administrator or zoning review board shall be granted a hearing if a petition is filed with the director within 60 days after notice of disapproval is received. The hearing shall be conducted pursuant to the provisions for contested cases of 1969 PA 306, MCL 24.201, and R 299.3071 to R 299.3081.

History

• History: 2004 AACS.

Mich. Admin. Code R 281.183 Violations; effect; remedies {#sec-r-281.183 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.183}

Rule 13. (1) After the effective date of these rules, a building or structure or land shall not be used or occupied, and a building or structure or part thereof shall not be erected, constructed, reconstructed, moved, or structurally altered, unless the building, structure, or land is in compliance with the provisions of these rules. A permit or variance shall not be approved, and action shall not be taken, if approval of the permit or variance or the action taken violates these rules. The director shall not waive any of his or her rights or remedies against any person who violates these rules if the violations were committed in reliance on an authorization erroneously given in violation of any provision of these rules. Any authorized permit, variance, or action that is contrary to these rules is deemed invalid from the date of the authorization.

(2) In addition to all other remedies, the director may institute appropriate action or proceedings to prevent, restrain, correct, or abate rule violations or threatened violations.

History

• History: 2004 AACS.

Mich. Admin. Code R 281.184 Boundaries and permitted uses; changes, amendments, and supplements; precedence of local zoning ordinance over rules {#sec-r-281.184 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.184}

Rule 14. (1) The director may make changes, amendments, and supplements to boundaries and to permitted uses requested by a local unit of government or by a landowner following a hearing held pursuant to the provisions of sections 71 to 87 of 1969 PA 306, MCL 24.271 to 24.287, if implementation of the change, amendment, or supplement does not contravene the purposes of these rules as specified in R 281.182.

(2) Copies of any changes, supplements to boundaries, or adopted amendments shall be sent to all of the following entities:

(a) The county register of deeds.

(b) Township and county clerks.

(c) The local building inspector.

(d) Local soil erosion and sedimentation control enforcement agencies.

(e) The conservation district.

(f) County drain commissioner.

(g) Zoning review board members.

(3) A local zoning ordinance that meets all of the requirements of Natural Rivers Part 305 of 1994 PA 451, and either 1943 PA 184, MCL, 1943 PA 183, MCL, whichever is applicable, shall take precedence over these rules. If a local zoning ordinance does not meet all of the requirements of Natural Rivers Part 305 of 1994 PA 451, or if the local ordinance becomes inapplicable to the land area encompassed by the Upper Manistee River natural river district through court action or for any other reason, these rules shall apply. A local unit of government may, at any time, request the assistance of the department of natural resources in developing an ordinance that meets the requirements of Natural Rivers Part 305 of 1994 PA 451. The director shall determine if a local ordinance meets all of the requirements of Natural Rivers Part 305 of 1994 PA 451, and shall notify the local unit of government of his or her decision in writing. If the director withdraws his or her approval of a local zoning ordinance, these rules shall apply.

History

• History: 2004 AACS.

Mich. Admin. Code R 281.190 Upper Manistee river system boundaries {#sec-r-281.190 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.190}

Rule 140. The boundaries of the Upper Manistee river natural river district shall be as described in these rules and as depicted on the certified Upper Manistee river natural river zoning map with an effective date of December 27, 2004. The Upper Manistee river natural river zoning district comprises an area that is described as follows:

(a) The Manistee river mainstream from its sources in sections 1 and 12, T29N, R5W to the Wexford/Missaukee county line.

(b) Frenchman's creek from the Lake Elizabeth dam in section 30, T29N, R4W to its confluence with the Manistee river.

(c) Lost Lake outlet from the outfall of Lost lake in section 6, T28N, R4W to its confluence with the Manistee river.

(d) An unnamed stream from its source in section 13, T28N, R5W to its confluence with the Manistee river.

(e) Goose creek from Cameron bridge road to its confluence with the Manistee river.

(f) Portage creek from the control structure near the outfall of Lake Margrethe, section 8, T26N, R4W to its confluence with the Manistee river, including all braided channels.

(g) All perennial tributaries to Portage creek from their sources to their confluence with Portage creek.

(h) Clear creek from its source at Boiling springs in section 28, T26N, R5W to its confluence with the Manistee river.

(i) Black creek from the outfall of south Black lake in section 21, T27N, R5W to its confluence with the Manistee river, including all braided channels.

(j) All perennial tributaries to Black creek from their sources to their confluence with Black creek.

(k) Dempsey creek from its source in section 19, T26N, R5W to its confluence with the Manistee river.

(l) Big Devil creek from its source in section 18, T25N, R5W to its confluence with the Manistee river.

(m) Big Cannon creek from its source in section 5, T24N, R5W to its confluence with the Manistee river.

(n) The north branch Manistee river from county road 612 in section 3, T27N, R6W to its confluence with the Manistee river.

(o) An unnamed stream from Tower road in section 25, T28N, R6W to its confluence with the north branch Manistee river.

(p) Morrison creek from its source in section 28, T27N, R6W to its confluence with the north branch Manistee river.

(q) Collar creek from its source in section 33, T27N, R6W to its confluence with Morrison creek.

(r) Flowing Well creek from its sources in section 26, T27N, R6W to its confluence with Morrison creek.

(s) All other perennial tributaries to the north branch Manistee river from their sources to their confluence with the north branch Manistee river.

(t) Willow creek from its source in section 14, T26N, R7W to its confluence with the Manistee river.

(u) Pierson creek from its source in section 12, T26N, R7W to its confluence with Willow creek.

(v) Maple creek from its source in section 22, T26N, R7W to its confluence with the Manistee river.

(w) Little Cannon creek from multiple sources in sections 29, 31 and 32, T25N, R6W to its confluence with the Manistee river.

(x) Silver creek from its source in section 1, T24N, R7W to its confluence with Little Cannon creek.

(y) Waterhole creek and all tributaries from their multiple sources in T25N, R7W to the confluence with the Manistee river.

(z) Babcock creek from its sources in section 33, T25N, R7W to its confluence with the Manistee river.

(aa) Filer creek from its source in section 4, T24N, R7W to its confluence with the Manistee river.

(bb) Nelson creek from its sources in section 30, T25N, R7W to its confluence with the Manistee river.

(cc) Spring creek from its sources in section 22, T25N, R8W to its confluence with the Manistee river.

(dd) Bourne creek from its sources in section 29, T25N, R8W to its confluence with the Manistee River.

(ee) Ham creek from its source in section 24, T24N, R8W to its confluence with the Manistee river, including two tributaries with sources in sections 3 and 9.

(ff) Gravy creek from its source in section 5, T24N, R8W to its confluence with the Manistee river.

(gg) Haynes creek from its source in section 31, T25N, R8W to its confluence with the Manistee river.

(hh) Hopkins creek from its source in section 17, T23N, R7W to its confluence with the Manistee river.

(ii) Fisher creek (also known as Hopkins creek on the United States Geological Survey topographic map) from its source in section 31, T25N, R8W to its confluence with the Manistee river.

(jj) All lakes, ponds, impoundments or other surface water bodies not traditionally considered rivers, streams, or creeks if they are a contiguous part of the stream segments listed in subdivisions (a) to (ii) of this rule.

(kk) The lands lying within 400 feet of the river's edge as described in subdivisions (a) to (jj) of this rule.

History

• History: 2013 AACS.

Mich. Admin. Code R 281.191 Upper Manistee river system principal uses; natural vegetation strip; vegetative cutting within river channel {#sec-r-281.191 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.191}

Rule 141 (1) A principal use is allowed by right, but requires the issuance of a zoning permit by the zoning administrator. A principal use includes all of the following:

(a) A single-family dwelling or short-term rental facility with all the following provisions:

(i) The minimum building setback shall be not less than 100 feet from the ordinary highwater mark on the mainstream and other designated tributaries, except as described in R 281.57.

(ii) A dwelling shall be set back not less than 50 feet from the crest of a bluff on the mainstream and not less than 25 feet from the crest of a bluff on designated tributaries.

(iii) Building shall not take place on land that is subject to flooding or in any wetland area.

(iv) The natural contour of the face and crest of the bluff shall not be altered.

(v) The land between the crest of the bluff and the minimum building setback line shall not be altered except for minor landscaping activities.

(b) Accessory buildings and appurtenances that meet the setback and other development requirements of subdivision (a) of this subrule.

(c) One private boat dock per parcel, unless otherwise provided for in these rules, subject to the provisions of R 281.57.

(d) One private river access stairway per parcel, subject to R 281.57.

(e) Utility lines to service a single-family dwelling or short-term rental facility.

(f) A disposal field, septic tank, and outhouse, with all the following provisions:

(i) A septic tank and disposal field meet local health department standards.

(ii) A disposal field located not less than 100 feet from the ordinary high-water mark and any surface or subsurface drain that discharges into the Upper Manistee river or its designated tributaries, and not located within the 100-year floodplain, a wetland area, or the natural vegetation strip.

(iii) A septic tank shall not be closer to the river than the dwelling it serves and not located within a wetland area.

(iv) An outhouse constructed using a watertight waste containment system that allows waste to be pumped and hauled to an appropriate disposal site, located not less than 100 feet from the ordinary high-water mark and any surface or subsurface drain that discharges into the Upper Manistee river or its designated tributaries, and not located within the 100-year floodplain, a wetland area, or the natural vegetation strip.

(v) Drywells and earth privies are not permitted unless authorized by the local health department, are a minimum of 100 feet from the ordinary high water mark, and the bottom of the pit or seepage bed is at least 4 feet above the seasonal high groundwater table.

(vi) An alternative on-site treatment system that results in a higher level of treatment than a conventional system may be located not less than 75 feet from the river’s edge on designated tributaries, provided no part of the system is in a wetland or the 100-year floodplain.

(vii) Disposal of sludge from any wastewater treatment system is prohibited in the natural river district.

(g) Mining and extracting industries, if all land disturbances, structures, and other activities related to the industry are located more than 300 feet from the ordinary highwater mark.

(h) A land division, if any lot created after December 27, 2004, with the following provisions:

(i) Is accessible by a public road or legal easement on at least 1 side of the stream.

(ii) Has at least 200 feet of river frontage, unless a riverfront “common area” subject to a conservation easement is established, or a parcel does not have river frontage, in which case this dimension shall be measured at the point of the parcel closest to the river, and at least 200 feet wide at the minimum building setback line.

(iii) Contains at least one-half acre of existing contiguous upland buildable area (nonwetland, non-floodplain) landward of the minimum building setback line.

(iv) Contains at least 80,000 square feet of area within the natural river district. Any “common area” created or any bottomlands shall not be used in any calculations related to minimum parcel area. If a parcel does not have river frontage, and the front line of the parcel is greater than 150 feet from the river’s edge at all points, this subdivision does not apply, and the minimum parcel width will be measured at the front lot line.

(v) Has sufficient depth and upland area to accommodate the required building setbacks pursuant to the standards in this rule.

(vi) A lot that exists on December 27, 2004, shall not be subdivided or reduced in dimension or area below the minimum requirements of this rule. Any lot created after December 27, 2004, shall meet the minimum requirements of this rule, except as provided in R 281.56.

(i) Home occupations and home-based occupations, subject to R 281.57.

(j) Land alteration, subject to R 281.57.

(k) Bridges, subject to Rule 281.58.

(l) Forest management activities within the natural vegetation strip, subject to R 281.57.

(m) A boardwalk that meets the minimum building setback requirements in this subdivision and a boardwalk associated with a footpath to the river’s edge, subject to R 281.58.

(n) Bank stabilization and fisheries habitat improvement activities, subject to R 281.57.

(2) Within the Upper Manistee river natural river district, a natural vegetation strip that includes the river and all lands within 75 feet of the ordinary high-water mark on each side of the Upper Manistee river mainstream and all designated tributaries. Cutting in the natural vegetation strip is subject to the provisions of R 281.57.

(3) On all designated tributaries, vegetation in the stream channel may not be disturbed except to alleviate flooding that threatens a dwelling. In the Upper Manistee river mainstream vegetation may be selectively pruned to allow for safe navigation and to alleviate flooding that threatens a dwelling. This may include pruning of a maximum 8foot wide section of vegetation. Portions of trees, logs, and other natural material imbedded in the stream channel shall not be disturbed.

History

• History: 2013 AACS.

Mich. Admin. Code R 281.200 Two Hearted river system boundaries {#sec-r-281.200 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.200}

Rule 150. The boundaries of the Two Hearted river natural river district shall be as described in these rules and as depicted on the certified Two Hearted river natural river zoning map with the effective date of these rules. The Two Hearted river natural river zoning district comprises an area which is described as follows:

(a) The Two Hearted river from the confluence of the West Branch Two Hearted river and the north branch Two Hearted river in section 1, T48N, R11W to its mouth at Lake Superior.

(b) The north branch Two Hearted river from its source in section 20, T48N, R12W, to its confluence with the west branch Two Hearted river.

(c) Unnamed stream from its source in section 9, T48N, R12W, to its confluence with the north branch Two Hearted river.

(d) The west branch Two Hearted river from its source, including the west branch lakes, in sections 9 and 10, T48N, R12W, to its confluence with the north branch Two Hearted river.

(e) South branch Two Hearted river from its source, including Whorl pond, in section 4, T47N, R11W, to its confluence with the west branch Two Hearted river.

(f) Dawson creek from its source in section 25, T48N, R11W, to its confluence with the Two Hearted river.

(g) East branch Two Hearted river from its source in section 27, T48N, R10W, to its confluence with the Two Hearted river.

(h) All lakes, ponds, impoundments or other surface water bodies not traditionally considered rivers, streams or creeks if they are a contiguous part of the stream segments listed in subdivisions (a) to (g) of this rule.

(i) The lands lying within 400 feet of the river's edge as described in subdivisions (a) to (h) of this rule.

History

• History: 2013 AACS.

Mich. Admin. Code R 281.201 Two Hearted river system principal uses; natural vegetation strip {#sec-r-281.201 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.201}

Rule 151. (1) A principal use is allowed by right, but requires the issuance of a zoning permit by the zoning administrator. A principal use includes all of the following:

(a) A single-family dwelling or short-term rental facility with all the following provisions:

(i) The minimum building setback shall be not less than 100 feet from the crest of an eroding river bank, not less than 75 feet from the crest of a non-eroding river bank that is greater than 20 feet above normal water levels, and not less than 100 feet from the crest of a non-eroding river bank that is less than 20 feet above normal water levels, except as described in R 281.57.

(ii) Building shall not take place on land that is subject to flooding or in any wetland area.

(iii) The natural contour of the face and crest of the river bank shall not be altered.

(iv) The land between the crest of the river bank and the minimum building setback line shall not be altered except for minor landscaping activities.

(b) Accessory buildings and appurtenances that meet the setback and other development requirements of subdivision (a) of this subrule.

(c) One private boat dock per parcel, unless otherwise provided for in these rules, subject to R 281.57.

(d) One private river access stairway per parcel, subject to R 281.57.

(e) Utility lines to service a single-family dwelling or short-term rental facility.

(f) A disposal field, septic tank, and outhouse, with all the following provisions:

(i) A septic tank and disposal field meet local health department standards.

(ii) A disposal field located in conformance with the building setbacks outlined in subdivision (a) of this subrule and shall be not less than 100 feet from any surface or subsurface drain that discharges into the Two Hearted river or its designated tributaries, and not located within the 100-year floodplain, a wetland area, or the natural vegetation strip.

(iii) A septic tank shall not be closer to the river than the dwelling it serves and shall not be located within a wetland area.

(iv) An outhouse shall be constructed using a watertight waste containment system that allows waste to be pumped and hauled to an appropriate disposal site, shall be located not less than 100 feet from the ordinary high-water mark and any surface or subsurface drain that discharges into the Two Hearted river or its designated tributaries, and shall not be located within the 100-year floodplain, a wetland area, or the natural vegetation strip.

(v) Drywells and earth privies are not permitted unless authorized by the local health department, are a minimum of 100 feet from the ordinary high-water mark, and the bottom of the pit or seepage bed is at least 4 feet above the seasonal high groundwater table.

(vi) Disposal of sludge from any wastewater treatment system is prohibited in the natural river district.

(g) Mining and extracting industries, if all land disturbances, structures, and other activities related to the industry are located more than 300 feet from the ordinary highwater mark.

(h) A land division, if any lot created after the effective date of these rules, with all the following provisions:

(i) Is accessible by a public road or legal easement on at least 1 side of the stream.

(ii) Has at least 330 feet of river frontage (unless a riverfront “common area” subject to a conservation easement is established, or a parcel does not have river frontage, in which case this dimension shall be measured at the point of the parcel closest to the river) and is at least 330 feet wide at the minimum building setback line.

(iii) Contains at least 10 acres of area. Any “common area” created or any bottomlands shall not be used in any calculations related to minimum parcel area.

(iv) Has sufficient depth and upland area to accommodate the required building setbacks pursuant to this rule.

(v) A lot that exists on the effective date of these rules shall not be subdivided or reduced in dimension or area below the minimum requirements of this rule. Lots that are created after the effective date of these rules shall meet the minimum requirements of this rule, except as provided in R 281.56.

(i) Home occupations and home-based occupations, subject to R 281.57.

(j) Land alteration, subject to R 281.57.

(k) Bridges, subject to R 281.58.

(l) Forest management activities within the natural vegetation strip, subject to R 281.57.

(m) A boardwalk that meets the minimum building setback requirements in this subdivision and a boardwalk associated with a footpath to the river’s edge, subject to R 281.57.

(n) Bank stabilization and fisheries habitat improvement activities, subject to R 281.57.

(2) Within the Two Hearted river natural river district, a natural vegetation strip that includes the river and all lands within 100 feet of the ordinary high-water mark shall be maintained on each side of the Two Hearted river mainstream and all designated tributaries. Cutting in the natural vegetation strip is subject to R 281.57.

History

• History: 1981 AACS; 2013 AACS.

Mich. Admin. Code R 281.202 Rescinded {#sec-r-281.202 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.202}

History

• History: 1981 AACS; 2013 AACS.

Mich. Admin. Code R 281.203 Rescinded {#sec-r-281.203 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.203}

History

• History: 1981 AACS; 2013 AACS.

Mich. Admin. Code R 281.204 Rescinded {#sec-r-281.204 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.204}

History

• History: 1981 AACS; 2013 AACS.

Mich. Admin. Code R 281.205 Rescinded {#sec-r-281.205 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.205}

History

• History: 1981 AACS; 2013 AACS.

Mich. Admin. Code R 281.206 Rescinded {#sec-r-281.206 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.206}

History

• History: 1981 AACS; 2013 AACS.

Mich. Admin. Code R 281.207 Rescinded {#sec-r-281.207 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.207}

History

• History: 1981 AACS; 2013 AACS.

Mich. Admin. Code R 281.208 Rescinded {#sec-r-281.208 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.208}

History

• History: 1981 AACS; 2013 AACS.

Mich. Admin. Code R 281.209 Rescinded {#sec-r-281.209 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.209}

History

• History: 1981 AACS; 2013 AACS.

Mich. Admin. Code R 281.210 Lower Kalamazoo river system boundaries {#sec-r-281.210 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.210}

Rule 160. The boundaries of the lower Kalamazoo river natural river district shall be as described in these rules and as depicted on the certified lower Kalamazoo river natural river zoning map with the effective date of these rules. The lower Kalamazoo river natural river zoning district comprises an area which is described as follows:

(a) The mainstream of the lower Kalamazoo river from Calkins bridge dam at Lake Allegan in section 15, T2N, R14W to the east line of section 22, T3N, R16W including all channels of the mainstream (approximately 22 miles).

(b) Rabbit river from 36th street in section 30, T4N, R13W to its confluence with the Kalamazoo river.

(c) Bear creek from 36th street in section 19, T3N, 13W to its confluence with the Kalamazoo river.

(d) Sand creek from the M-89 bridge in section 3, T2N, R14W to its confluence the Kalamazoo river.

(e) Swan creek from 112th avenue in section 5 T1N, R14W to its confluence with the Kalamazoo river.

(f) Mann creek from 128th avenue in section 28, T3N, R15W to its confluence with the Kalamazoo river.

(g) All lakes, ponds, impoundments or other surface water bodies not traditionally considered rivers, streams or creeks if they are a contiguous part of the stream segments listed in subdivisions (a) to (f) of this rule.

(h) The lands lying within 400 feet of the river's edge as described in subdivisions (a) to (g) of this rule.

History

• History: 1981 AACS; 2013 AACS.

Mich. Admin. Code R 281.211 Lower Kalamazoo river system principal uses; natural vegetation strip {#sec-r-281.211 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.211}

Rule 161. (1) A principal use is allowed by right, but requires the issuance of a zoning permit by the zoning administrator. A principal use includes all of the following:

(a) A single-family dwelling or short-term rental facility with all the following provisions:

(i) The minimum building setback shall be not less than 200 feet from the ordinary highwater mark on the mainstream and other designated tributaries, except as described in R 281.57. The setback may be decreased 3 feet for every 1 foot of rise in bank height to a minimum of 75 feet from the ordinary high-water mark.

(ii) A dwelling shall be set back not less than 50 feet from the crest of a bluff on the cutting edge of a stream and not less than 25 feet from the crest of a bluff on the noncutting edge of a stream.

(iii) Building shall not take place on land that is subject to flooding or in any wetland area.

(iv) The natural contour of the face and crest of the bluff shall not be altered.

(v) The land between the crest of the bluff and the minimum building setback line shall not be altered except for minor landscaping activities.

(b) Accessory buildings and appurtenances that meet the setback and other development requirements of subdivision (a) of this subrule.

(c) One private boat dock per parcel, unless otherwise provided for in these rules, subject to R 281.57.

(d) One private river access stairway per parcel, subject to R 281.57.

(e) Utility lines to service a single-family dwelling or short-term rental facility.

(f) A disposal field, septic tank, and outhouse, with all the following provisions:

(i) A septic tank and disposal field meet local health department standards.

(ii) A disposal field shall be located not less than 200 feet from the ordinary high-water mark and shall be not less than 50 feet from any surface or subsurface drain that discharges into the Lower Kalamazoo river or its designated tributaries, and shall not be located within the 100-year floodplain, a wetland area, or the natural vegetation strip.

(iii) A septic tank shall not be closer to the river than the dwelling it serves and not located within a wetland area.

(iv) An outhouse constructed using a watertight waste containment system that allows waste to be pumped and hauled to an appropriate disposal site, not located less than 100 feet from the ordinary high-water mark and any surface or subsurface drain that discharges into the Lower Kalamazoo river or its designated tributaries, and not located within the 100-year floodplain, a wetland area, or the natural vegetation strip.

(v) An alternative on-site treatment system that results in a higher level of treatment than a conventional system may be located not less than 50 feet from the river’s edge on designated tributaries.

(vi) Drywells and earth privies are not permitted unless authorized by the local health department, are a minimum of 100 feet from the ordinary high-water mark, and the bottom of the pit or seepage bed is at least 4 feet above the seasonal high-groundwater table.

(vii) Disposal of sludge from any wastewater treatment system is prohibited in the natural river district.

(g) Mining and extracting industries, if all land disturbances, structures, and other activities related to the industry are located more than 300 feet from the ordinary highwater mark.

(h) A land division, if any lot created after the effective date of these rules, with all the following provisions:

(i) Is accessible by a public road or legal easement on at least 1 side of the stream.

(ii) Has at least 150 feet of river frontage (unless a riverfront “common area” subject to a conservation easement is established, or a parcel does not have river frontage, in which case this dimension shall be measured at the point of the parcel closest to the river) and is at least 150 feet wide at the minimum building setback line.

(iii) Contains at least 50,000 square feet of area in the natural river district. Any “common area” created or any bottomlands shall not be used in any calculations related to minimum parcel area. If a parcel does not have river frontage, and the front line of the parcel is greater than 150 feet from the river’s edge at all points, this subdivision does not apply, and the minimum parcel width will be measured at the front lot line.

(iv) Has sufficient depth and upland area to accommodate the required building setbacks pursuant to this rule.

(v) A lot that exists on the effective date of these rules shall not be subdivided or reduced in dimension or area below the minimum requirements of this rule. Lots that are created after the effective date of these rules shall meet the minimum requirements of this rule, except as provided in R 281.56.

(i) Home occupations and home-based occupations, subject to R 281.57.

(j) Land alteration, subject to R 281.57.

(k) Bridges, subject to Rule 281.58.

(l) Forest management activities within the natural vegetation strip, subject to R 281.57.

(m) A boardwalk that meets the minimum building setback requirements in this subdivision and a boardwalk associated with a footpath to the river’s edge, subject to R 281.57.

(n) Bank stabilization and fisheries habitat improvement activities, subject to R 281.57.

(2) Within the lower Kalamazoo river natural river district, a natural vegetation strip that includes the river and all lands within 50 feet of the ordinary high-water mark shall be maintained on each side of the lower Kalamazoo river mainstream and all designated tributaries. Cutting in the natural vegetation strip is subject to R 281.57.

History

• History: 1981 AACS; 2013 AACS.

Mich. Admin. Code R 281.212 Rescinded {#sec-r-281.212 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.212}

History

• History: 1981 AACS; 2013 AACS.

Mich. Admin. Code R 281.213 Rescinded {#sec-r-281.213 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.213}

History

• History: 1981 AACS; 2013 AACS.

Mich. Admin. Code R 281.214 Rescinded {#sec-r-281.214 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.214}

History

• History: 1981 AACS; 2013 AACS.

Mich. Admin. Code R 281.220 Fox river system boundaries {#sec-r-281.220 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.220}

Rule 170. The boundaries of the Fox river natural river district shall be as described in these rules and as depicted on the certified Fox river natural river zoning map with the effective date of these rules. The Fox river natural river zoning district comprises an area described as follows:

(a) All channels of the Fox river mainstream from its source above Casey lake in section 21, T48N, R14W to the confluence with the Lake Branch of the Manistique river in section 25, T45N, R13W.

(b) Casey creek from its source in section 20, T48N, R14W, to its confluence with the Fox river.

(c) West branch from the confluence of Pelican creek in section 26, T48N, R15W, section 26) to its confluence with the Fox river.

(d) Spring ponds (2), 1 mile below the west branch of the Fox river in section 16, T47N, R14W.

(e) Little Fox from the outlet of Stanley lake in section 11 T47N, R15W to its confluence with the Fox river.

(f) Hudson creek from its sources in sections 2 and 11, T46N, R14W to its confluence with the Fox river (all channels).

(g) East Branch from its source above the reservoir in section 1, T47N, R14W to its confluence with the mainstream.(all channels)

(h) Clear creek from its sources in sections 15 and 22, T47N, R13W to its confluence with the east branch Fox river.

(i) Camp Seven creek from its source in section 30, T47N, R13W to its confluence with the east branch Fox river.

(j) Cold creek from its sources in sections 3 and 10, T46N, R13W to its confluence with the east branch (all channels) Fox river.

(k) Spring creek from its source at Spring creek pond in section 7, T46N, R12W to its confluence with Cold creek.

(l) Deer creek from its sources in sections 17 and 18, T46N, R12W and in section 13, T46N, R13W to its confluence with the east branch (all channels) Fox river.

(m) Bev creek from its source in section 21, T46N, R12W to its confluence with the east branch Fox river.

(n) All lakes, ponds, impoundments or other surface water bodies not traditionally considered rivers, streams or creeks if they are a contiguous part of the stream segments listed in subdivisions (a) to (m) of this rule.

(o) The lands lying within 400 feet of the river's edge as described in subdivisions (a) to (n) of this rule.

History

• History: 2013 AACS.

Mich. Admin. Code R 281.221 Fox river system principal uses; natural vegetation strip {#sec-r-281.221 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.221}

Rule 171. (1) A principal use is allowed by right, but requires the issuance of a zoning permit by the zoning administrator. A principal use includes all of the following:

(a) A single-family dwelling or short-term rental facility with all the following provisions:

(i) The minimum building setback shall be not less than 100 feet from the ordinary highwater mark on the mainstream and other designated tributaries, except as described in R 281.57.

(ii) A dwelling shall be set back not less than 50 feet from the crest of a bluff.

(iii) Building shall not take place on land that is subject to flooding or in any wetland area.

(iv) The natural contour of the face and crest of the bluff shall not be altered.

(v) The land between the crest of the bluff and the minimum building setback line shall not be altered except for minor landscaping activities.

(b) Accessory buildings and appurtenances that meet the setback and other development requirements of subdivision (a) of this subrule.

(c) One private boat dock per parcel, unless otherwise provided for in these rules, subject to R 281.57.

(d) One private river access stairway per parcel, subject to R 281.57.

(e) Utility lines to service a single-family dwelling or short-term rental facility.

(f) A disposal field, septic tank, and outhouse, with all the following provisions:

(i) A septic tank and disposal field meet local health department standards.

(ii) A disposal field located not less than 150 feet from the ordinary high-water mark and not less than 50 feet from any surface or subsurface drain that discharges into the Fox river or its designated tributaries, and not located within the 100-year floodplain, a wetland area, or the natural vegetation strip.

(iii) A septic tank shall not be closer to the river than the dwelling it serves and shall not be located within a wetland area.

(iv) An outhouse shall be constructed using a watertight waste containment system that allows waste to be pumped and hauled to an appropriate disposal site, shall be located not less than 100 feet from the ordinary high-water mark and any surface or subsurface drain that discharges into the Fox river or its designated tributaries, and shall not be located within the 100-year floodplain, a wetland area, or the natural vegetation strip.

(v) Drywells and earth privies are not permitted unless authorized by the local health department, are a minimum of 100 feet from the ordinary high water mark, and the bottom of the pit or seepage bed is at least 4 feet above the seasonal high groundwater table.

(vi) Disposal of sludge from any wastewater treatment system is prohibited in the natural river district.

(g) Mining and extracting industries, if all land disturbances, structures, and other activities related to the industry are located more than 300 feet from the ordinary highwater mark.

(h) A land division, if any lot created after the effective date of these rules, with all the following provisions:

(i) Is accessible by a public road or legal easement on at least 1 side of the stream.

(ii) Has at least 330 feet of river frontage (unless a riverfront “common area” subject to a conservation easement is established, or a parcel does not have river frontage, in which case this dimension shall be measured at the point of the parcel closest to the river) and is at least 330 feet wide at the minimum building setback line.

(iii) Contains at least 5 acres of area. Any “common area” created or any bottomlands shall not be used in any calculations related to minimum parcel area.

(iv) Has sufficient depth and upland area to accommodate the required building setbacks pursuant to this rule.

(v) A lot that exists on the effective date of these rules shall not be subdivided or reduced in dimension or area below the minimum requirements of this rule. Lots that are created after the effective date of these rules shall meet the minimum requirements of this rule, except as provided in R 281.56.

(i) Home occupations and home-based occupations, subject to R 281.57.

(j) Land alteration, subject to R 281.57.

(k) Bridges, subject to R 281.58.

(l) Forest management activities within the natural vegetation strip, subject to R 281.57.

(m) A boardwalk that meets the minimum building setback requirements in this subdivision and a boardwalk associated with a footpath to the river’s edge, subject to R 281.57.

(n) Bank stabilization and fisheries habitat improvement activities, subject to R 281.57.

(2) Within the Fox river natural river district, a natural vegetation strip that includes the river and all lands within 100 feet of the ordinary high-water mark shall be maintained on each side of the Fox river mainstream and all designated tributaries. Cutting in the natural vegetation strip is subject to R 281.57.

History

• History: 1985 AACS; 2013 AACS.

Mich. Admin. Code R 281.222 Rescinded {#sec-r-281.222 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.222}

History

• History: 1985 AACS; 2013 AACS.

Mich. Admin. Code R 281.223 Rescinded {#sec-r-281.223 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.223}

History

• History: 1985 AACS; 2013 AACS.

Mich. Admin. Code R 281.224 Rescinded {#sec-r-281.224 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.224}

History

• History: 1985 AACS; 2013 AACS.

Mich. Admin. Code R 281.225 Rescinded {#sec-r-281.225 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.225}

History

• History: 1985 AACS; 2013 AACS.

Mich. Admin. Code R 281.226 Rescinded {#sec-r-281.226 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.226}

History

• History: 1985 AACS; 2013 AACS.

Mich. Admin. Code R 281.227 Rescinded {#sec-r-281.227 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.227}

History

• History: 1985 AACS; 2013 AACS.

Mich. Admin. Code R 281.228 Rescinded {#sec-r-281.228 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.228}

History

• History: 1985 AACS; 2013 AACS.

Mich. Admin. Code R 281.229 Rescinded {#sec-r-281.229 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.229}

History

• History: 1985 AACS; 2013 AACS.

Mich. Admin. Code R 281.230 Rescinded {#sec-r-281.230 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.230}

History

• History: 1985 AACS; 2013 AACS.

Mich. Admin. Code R 281.231 Rescinded {#sec-r-281.231 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.231}

History

• History: 1985 AACS; 2013 AACS.

Mich. Admin. Code R 281.232 Rescinded {#sec-r-281.232 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.232}

History

• History: 1985 AACS; 2013 AACS.

Mich. Admin. Code R 281.233 Rescinded {#sec-r-281.233 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.233}

History

• History: 1985 AACS; 2013 AACS.

Mich. Admin. Code R 281.234 Rescinded {#sec-r-281.234 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.234}

History

• History: 1985 AACS; 2013 AACS.

Mich. Admin. Code R 281.251 Rescinded {#sec-r-281.251 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.251}

History

• History: 1981 AACS; 2013 AACS.

Mich. Admin. Code R 281.252 Rescinded {#sec-r-281.252 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.252}

History

• History: 1981 AACS; 2013 AACS.

Mich. Admin. Code R 281.253 Rescinded {#sec-r-281.253 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.253}

History

• History: 1981 AACS; 2013 AACS.

Mich. Admin. Code R 281.254 Rescinded {#sec-r-281.254 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.254}

History

• History: 1981 AACS; 2013 AACS.

Mich. Admin. Code R 281.255 Rescinded {#sec-r-281.255 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.255}

History

• History: 1981 AACS; 2013 AACS.

Mich. Admin. Code R 281.256 Rescinded {#sec-r-281.256 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.256}

History

• History: 1981 AACS; 2013 AACS.

Mich. Admin. Code R 281.257 Rescinded {#sec-r-281.257 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.257}

History

• History: 1981 AACS; 2013 AACS.

Mich. Admin. Code R 281.258 Rescinded {#sec-r-281.258 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.258}

History

• History: 1981 AACS; 2013 AACS.

Mich. Admin. Code R 281.259 Rescinded {#sec-r-281.259 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.259}

History

• History: 1981 AACS; 2013 AACS.

Mich. Admin. Code R 281.260 Rescinded {#sec-r-281.260 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.260}

History

• History: 1981 AACS; 2013 AACS.

Mich. Admin. Code R 281.261 Rescinded {#sec-r-281.261 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.261}

History

• History: 1981 AACS; 2013 AACS.

Mich. Admin. Code R 281.262 Rescinded {#sec-r-281.262 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.262}

History

• History: 1981 AACS; 2013 AACS.

Mich. Admin. Code R 281.263 Rescinded {#sec-r-281.263 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.263}

History

• History: 1981 AACS; 2013 AACS.

Mich. Admin. Code R 281.264 Rescinded {#sec-r-281.264 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.264}

History

• History: 1981 AACS; 2013 AACS.

Mich. Admin. Code R 281.271 Rescinded {#sec-r-281.271 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.271}

History

• History: 1985 AACS; 2013 AACS.

Mich. Admin. Code R 281.272 Rescinded {#sec-r-281.272 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.272}

History

• History: 1985 AACS; 2013 AACS.

Mich. Admin. Code R 281.273 Rescinded {#sec-r-281.273 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.273}

History

• History: 1985 AACS; 2013 AACS.

Mich. Admin. Code R 281.274 Rescinded {#sec-r-281.274 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.274}

History

• History: 1985 AACS; 2013 AACS.

Mich. Admin. Code R 281.275 Rescinded {#sec-r-281.275 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.275}

History

• History: 1985 AACS; 2013 AACS.

Mich. Admin. Code R 281.276 Rescinded {#sec-r-281.276 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.276}

History

• History: 1985 AACS; 2013 AACS.

Mich. Admin. Code R 281.277 Rescinded {#sec-r-281.277 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.277}

History

• History: 1985 AACS; 2013 AACS.

Mich. Admin. Code R 281.278 Rescinded {#sec-r-281.278 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.278}

History

• History: 1985 AACS; 2013 AACS.

Mich. Admin. Code R 281.279 Rescinded {#sec-r-281.279 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.279}

History

• History: 1985 AACS; 2013 AACS.

Mich. Admin. Code R 281.280 Rescinded {#sec-r-281.280 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.280}

History

• History: 1985 AACS; 2013 AACS.

Mich. Admin. Code R 281.281 Rescinded {#sec-r-281.281 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.281}

History

• History: 1985 AACS; 2013 AACS.

Mich. Admin. Code R 281.282 Rescinded {#sec-r-281.282 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.282}

History

• History: 1985 AACS; 2013 AACS.

Mich. Admin. Code R 281.283 Rescinded {#sec-r-281.283 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.283}

History

• History: 1985 AACS; 2013 AACS.

Mich. Admin. Code R 281.284 Rescinded {#sec-r-281.284 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.284}

History

• History: 1985 AACS; 2013 AACS.

Mich. Admin. Code R 281.321 Rescinded {#sec-r-281.321 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.321}

History

• History: 1990 AACS; 2013 AACS.

Mich. Admin. Code R 281.322 Rescinded {#sec-r-281.322 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.322}

History

• History: 1990 AACS; 2013 AACS.

Mich. Admin. Code R 281.323 Rescinded {#sec-r-281.323 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.323}

History

• History: 1990 AACS; 2013 AACS.

Mich. Admin. Code R 281.324 Rescinded {#sec-r-281.324 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.324}

History

• History: 1990 AACS; 2013 AACS.

Mich. Admin. Code R 281.325 Rescinded {#sec-r-281.325 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.325}

History

• History: 1990 AACS; 2013 AACS.

Mich. Admin. Code R 281.326 Rescinded {#sec-r-281.326 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.326}

History

• History: 1990 AACS; 2013 AACS.

Mich. Admin. Code R 281.327 Rescinded {#sec-r-281.327 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.327}

History

• History: 1990 AACS; 2013 AACS.

Mich. Admin. Code R 281.328 Rescinded {#sec-r-281.328 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.328}

History

• History: 1990 AACS; 2013 AACS.

Mich. Admin. Code R 281.329 Rescinded {#sec-r-281.329 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.329}

History

• History: 1990 AACS; 2013 AACS.

Mich. Admin. Code R 281.330 Rescinded {#sec-r-281.330 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.330}

History

• History: 1990 AACS; 2013 AACS.

Mich. Admin. Code R 281.331 Rescinded {#sec-r-281.331 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.331}

History

• History: 1990 AACS; 2013 AACS.

Mich. Admin. Code R 281.332 Rescinded {#sec-r-281.332 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.332}

History

• History: 1990 AACS; 2013 AACS.

Mich. Admin. Code R 281.333 Rescinded {#sec-r-281.333 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.333}

History

• History: 1990 AACS; 2013 AACS.

Mich. Admin. Code R 281.334 Rescinded {#sec-r-281.334 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.334}

History

• History: 1990 AACS; 2013 AACS.

Mich. Admin. Code R 281.341 Rescinded {#sec-r-281.341 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.341}

History

• History: 1992 AACS; 2013 AACS.

Mich. Admin. Code R 281.342 Rescinded {#sec-r-281.342 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.342}

History

• History: 1992 AACS; 2013 AACS.

Mich. Admin. Code R 281.343 Rescinded {#sec-r-281.343 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.343}

History

• History: 1992 AACS; 2013 AACS.

Mich. Admin. Code R 281.344 Rescinded {#sec-r-281.344 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.344}

History

• History: 1992 AACS; 2013 AACS.

Mich. Admin. Code R 281.345 Rescinded {#sec-r-281.345 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.345}

History

• History: 1992 AACS; 2013 AACS.

Mich. Admin. Code R 281.346 Rescinded {#sec-r-281.346 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.346}

History

• History: 1992 AACS; 2013 AACS.

Mich. Admin. Code R 281.347 Rescinded {#sec-r-281.347 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.347}

History

• History: 1992 AACS; 2013 AACS.

Mich. Admin. Code R 281.348 Rescinded {#sec-r-281.348 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.348}

History

• History: 1992 AACS; 2013 AACS.

Mich. Admin. Code R 281.349 Rescinded {#sec-r-281.349 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.349}

History

• History: 1992 AACS; 2013 AACS.

Mich. Admin. Code R 281.350 Rescinded {#sec-r-281.350 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.350}

History

• History: 1992 AACS; 2013 AACS.

Mich. Admin. Code R 281.351 Rescinded {#sec-r-281.351 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.351}

History

• History: 1992 AACS; 2013 AACS.

Mich. Admin. Code R 281.352 Rescinded {#sec-r-281.352 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.352}

History

• History: 1992 AACS; 2013 AACS.

Mich. Admin. Code R 281.353 Rescinded {#sec-r-281.353 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.353}

History

• History: 1992 AACS; 2013 AACS.

Mich. Admin. Code R 281.354 Rescinded {#sec-r-281.354 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.354}

History

• History: 1992 AACS; 2013 AACS.

Mich. Admin. Code R 281.355 Rescinded {#sec-r-281.355 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.355}

History

• History: 1992 AACS; 2013 AACS.

Mich. Admin. Code R 281.361 Rescinded {#sec-r-281.361 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.361}

History

• History: 1992 AACS; 2013 AACS.

Mich. Admin. Code R 281.362 Rescinded {#sec-r-281.362 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.362}

History

• History: 1992 AACS; 2013 AACS.

Mich. Admin. Code R 281.363 Rescinded {#sec-r-281.363 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.363}

History

• History: 1992 AACS; 2013 AACS.

Mich. Admin. Code R 281.364 Rescinded {#sec-r-281.364 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.364}

History

• History: 1992 AACS; 2013 AACS.

Mich. Admin. Code R 281.365 Rescinded {#sec-r-281.365 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.365}

History

• History: 1992 AACS; 2013 AACS.

Mich. Admin. Code R 281.366 Rescinded {#sec-r-281.366 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.366}

History

• History: 1992 AACS; 2013 AACS.

Mich. Admin. Code R 281.367 Rescinded {#sec-r-281.367 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.367}

History

• History: 1992 AACS; 2013 AACS.

Mich. Admin. Code R 281.368 Rescinded {#sec-r-281.368 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.368}

History

• History: 1992 AACS; 2013 AACS.

Mich. Admin. Code R 281.369 Rescinded {#sec-r-281.369 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.369}

History

• History: 1992 AACS; 2013 AACS.

Mich. Admin. Code R 281.370 Rescinded {#sec-r-281.370 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.370}

History

• History: 1992 AACS; 2013 AACS.

Mich. Admin. Code R 281.371 Rescinded {#sec-r-281.371 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.371}

History

• History: 1992 AACS; 2013 AACS.

Mich. Admin. Code R 281.372 Rescinded {#sec-r-281.372 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.372}

History

• History: 1992 AACS; 2013 AACS.

Mich. Admin. Code R 281.373 Rescinded {#sec-r-281.373 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.373}

History

• History: 1992 AACS; 2013 AACS.

Mich. Admin. Code R 281.374 Rescinded {#sec-r-281.374 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.374}

History

• History: 1992 AACS; 2013 AACS.

Mich. Admin. Code R 281.375 Rescinded {#sec-r-281.375 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.375}

History

• History: 1992 AACS; 2013 AACS.

Mich. Admin. Code R 281.381 Rescinded {#sec-r-281.381 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.381}

History

• History: 1992 AACS; 2013 AACS.

Mich. Admin. Code R 281.382 Rescinded {#sec-r-281.382 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.382}

History

• History: 1992 AACS; 2013 AACS.

Mich. Admin. Code R 281.383 Rescinded {#sec-r-281.383 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.383}

History

• History: 1992 AACS; 2013 AACS.

Mich. Admin. Code R 281.384 Rescinded {#sec-r-281.384 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.384}

History

• History: 1992 AACS; 2013 AACS.

Mich. Admin. Code R 281.385 Rescinded {#sec-r-281.385 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.385}

History

• History: 1992 AACS; 2013 AACS.

Mich. Admin. Code R 281.386 Rescinded {#sec-r-281.386 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.386}

History

• History: 1992 AACS; 2013 AACS.

Mich. Admin. Code R 281.387 Rescinded {#sec-r-281.387 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.387}

History

• History: 1992 AACS; 2013 AACS.

Mich. Admin. Code R 281.388 Rescinded {#sec-r-281.388 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.388}

History

• History: 1992 AACS; 2013 AACS.

Mich. Admin. Code R 281.389 Rescinded {#sec-r-281.389 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.389}

History

• History: 1992 AACS; 2013 AACS.

Mich. Admin. Code R 281.390 Rescinded {#sec-r-281.390 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.390}

History

• History: 1992 AACS; 2013 AACS.

Mich. Admin. Code R 281.391 Rescinded {#sec-r-281.391 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.391}

History

• History: 1992 AACS; 2013 AACS.

Mich. Admin. Code R 281.392 Rescinded {#sec-r-281.392 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.392}

History

• History: 1992 AACS; 2013 AACS.

Mich. Admin. Code R 281.393 Rescinded {#sec-r-281.393 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.393}

History

• History: 1992 AACS; 2013 AACS.

Mich. Admin. Code R 281.394 Rescinded {#sec-r-281.394 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.394}

History

• History: 1992 AACS; 2013 AACS.

Mich. Admin. Code R 281.395 Rescinded {#sec-r-281.395 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.395}

History

• History: 1992 AACS; 2013 AACS.

Forest Resource Division Forest Resource Division

R 281.421 to R 281.429 Control of Open and Prescribed Burning

Mich. Admin. Code R 281.421 Definitions {#sec-r-281.421 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.421}

DEPARTMENT OF NATURAL RESOURCES

FOREST RESOURCES DIVISION

OPEN AND PRESCRIBED BURNING

(By authority conferred on the Department of Natural Resources by sections 51503 and 51513 of Part 515 of 451 PA 1994, MCL 324.51503 and MCL 324.51513)

Rule 1. As used in these rules:

(a) "Continuous cover of fuels" means a cover of vegetation capable of sustaining and carrying fire over the area intended to be burned.

(b) "Director" means the director of Michigan department of natural resources or his/her designee.

(c) "Prescribed burn" or "prescribed burning" means the burning, in compliance with a prescription and to meet planned fire or land management objectives, of a continuous cover of fuels.

(d) "Land management objective" means a description of the desired future condition of the vegetation on a site at a specified point in time.

(e) "Escaped fire" means a prescribed fire that leaves the boundary of the area prescribed and authorized in the permit, and unable to be contained with the resources on-scene to conduct the burn.

(f) "Burn permit" means authorization to burn flammable material or conduct a prescribed burn, issued by state or local officials, written or verbally.

(g) "Prescription" means a written plan establishing the criteria necessary for starting, controlling, and extinguishing a burn.

(h) "Smoke management plan" means the state's interagency plan for tracking and managing the emissions from prescribed and wildland fires.

(i) "Vegetative land clearing" means activities to remove the existing vegetation on a site to convert the site for a different use.

(j) "NFDRS" is the national fire danger rating system.

(k) "CFFBPS" is the Canadian forest fire behavior prediction system.

(l) "Prescribed burn manager trainee" is an individual who performs some or all of the functions of a prescribed burn manager in a training role, under the oversight and guidance of a certified prescribed burn manager. The certified burn manager retains responsibility for all aspects of the burn.

History

• History: 2007 AACS.

Mich. Admin. Code R 281.422 Purpose; intent scope {#sec-r-281.422 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.422}

Rule 2. To implement the intent of the prevention and suppression of forest fires, the director promulgates these rules for the following purposes:

(a) Promote the public health, safety, and general welfare of those involved in contact with prescribed burning.

(b) Prevent economic damage, death, or injury due to the misuse of open or prescribed burning.

(c) Ensure the use of proper prescribed burning procedures.

(d) Provide a process to become a certified prescribed burn manager.

(e) Implement a process for certification renewal.

(f) Provide a means for decertifying certified prescribed burn managers who violate Michigan law, and threaten public health, safety, or property.

(g) Prevent the escape of fire with resulting damage to property, potential for injury and loss of life, and the resulting costs to suppress fires.

History

• History: 2007 AACS.

Mich. Admin. Code R 281.423 Open burning permits; procedures for obtaining; conditions {#sec-r-281.423 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.423}

Rule 3. (1) A burning permit shall be obtained from a department representative or local unit of government. The permittee shall meet all conditions of the permit at all times. Noncompliance with permit conditions is considered grounds to rescind the permit.

(2) A permit for burning is required whenever the ground is not snow-covered, and may be rescinded by the issuing agency at any time it considers burning conditions are too extreme.

(3) Permits for burning may be issued in writing, over the telephone, or over the internet. Permits for burning debris from vegetative land clearing shall be issued in writing.

History

• History: 2007 AACS; 2015 AACS.

Mich. Admin. Code R 281.424 Prescribed burning permits; procedures for obtaining; conditions {#sec-r-281.424 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.424}

Rule 4. (1) Permits for prescribed burning are required at all times, including when the ground is snow-covered. The certified prescribed burn manager shall do all of the following:

(a) Obtain verification of the issuance of a burn permit from either the department or the local unit of government, whichever has jurisdiction over burning permits in the township where the burn is planned.

(b) Make a copy of the prescription for the burn available to the issuing authority upon their request.

(c) Notify the owners of all power lines and pipelines with the burn area at least two weeks prior to conducting the burn.

History

• History: 2007 AACS.

Mich. Admin. Code R 281.425 Prescriptions; minimum requirements {#sec-r-281.425 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.425}

Rule 5. A prescription for each burn shall be on-site and available for inspection by a department representative, or a representative of the fire department having jurisdiction. Mandatory prescription requirements shall include all of the following:

(a) The stand or site description, to include the landowner's name and mailing address and the legal description of the treatment area. The legal description shall include the county, township, section, and quarter-section.

(b) The acreage to be treated.

(c) A map of the area to be burned indicating special concerns located within 1 mile of the treatment area. Special concerns include, but are not limited to, all of the following:

(i) Adjacent landowners.

(ii) Power lines.

(iii) Utilities.

(iv) Roads.

(v) Residences.

(vi) Schools.

(vii) Hospitals.

(viii) Nursing homes.

(iv) Public facilities, in general.

(d) The personnel and equipment to be used to conduct the burn.

(e) The land management objectives of the burn.

(f) The type of vegetation or fuel model (NFDRS or CFFBPS) to be burned and the amount of fuel to be consumed in either tons/acre or percent of the available fuel load.

(g) The operational plan of the burn procedure, including, but not limited to, the following:

(i) Fire breaks to be used to confine the burn to the prescribed area.

(ii) Ignition and holding plan.

(iii) Mop-up needs.

(iv) Provisions for the safety of the individuals conducting the burn.

(v) Provisions for the protection of power lines, pipelines, and other utilities within the burn area.

(h) A contingency plan for how escapes will be suppressed. The contingency plan shall include necessary supporting resources and emergency contact information.

(i) Persons and agencies that are to be contacted prior to the burn. These contacts shall include the permitting agency, the fire department of jurisdiction, and the local central dispatch center.

(j) Weather parameters, including but not limited to surface wind speed, direction, relative humidity, temperature, and fine fuel moisture thresholds.

(k) Expected fire behavior factors, including burn technique, flame length, and rate of spread.

(l) Time and date prescription was prepared.

(m) Time period for the burn.

(n) Evaluation of the anticipated smoke impacts and a plan to mitigate these impacts. This mitigation plan shall include both of the following:

(i) Conformance to the state's smoke management plan.

(ii) Ventilation index limits.

(o) The criteria the certified prescribed burn manager will use for making go/no-go burn decisions.

(p) Signature and certification number of the certified prescribed burn manager.

(q) Signature of the landowner for whom the burn is to be conducted, or designee.

History

• History: 2007 AACS.

Mich. Admin. Code R 281.426 Prescribed burn manager certification; original application and requirements {#sec-r-281.426 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.426}

Rule 6. (1) An applicant for prescribed burn manager certification shall submit an application to the department on a form prescribed by the department.

(2) An applicant for prescribed burn manager certification shall satisfy either of the following conditions:

(a) Provide documented proof to the department of having met all of the following:

(i) Completion of the following certified training courses offered by the National Wildfire Coordinating Group (NWCG) or their equivalent, as approved by the department:

(A) S130 - Basic firefighter. The Michigan Fire Fighter's Training Council certified course entitled, "introduction to wildland fire suppression for Michigan fire departments" may be substituted for the NWCG S130 course.

(B) S190 - Introduction to wildland fire behavior.

(C) S290 - Intermediate wildland fire behavior.

(ii) Completion of the Michigan certified prescribed burn manager course offered by the department.

(iii) Proof of having direct experience on 5 prescribed burns by satisfying either of the following requirements:

(A) On at least 2 of the 5 prescribed burns, an applicant shall have actively participated in the management of the burn as a prescribed burn manager trainee.

(B) An applicant shall submit written documentation, detailing his or her experience on 5 prescribed burns. The department shall review each case to determine if the applicant's experience is satisfactory.

(b) An applicant may provide documentation to the department of certification by another governmental unit or agency, provided the other unit or agency has similar or more stringent certification requirements than those provided in subdivision (a) of this subrule.

(3) Burn manager certification shall be valid for a period of 5 years from the date of issuance.

(4) A person who has been convicted of a felony under Chapter X - Arson and Burning of the Michigan Penal Code, MCL 750.71 to 750.80, or under section 51510 of Part 515 of the Natural Resources and Environmental Protection Act, MCL 324.51510, shall not be certified as a prescribed burn manager.

History

• History: 2007 AACS.

Mich. Admin. Code R 281.427 Certification; renewal requirements {#sec-r-281.427 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.427}

Rule 7. (1) An applicant shall complete all of the following requirements to renew certification as a prescribed burn manager:

(a) Apply to the department on a form prescribed by the department.

(b) Provide proof of satisfying either of the following requirements to the department:

(i) Completion of at least 8 hours of training related to prescribed fires, as approved by the department.

(ii) Attendance at Michigan prescribed fire council annual meeting.

(c) Provide 1 of the following proofs to the department of having participated in prescribed burns. Such proof shall be submitted on a form prescribed by the department.

(i) Submit a prescribed burn manager certification number for at least 2 completed burns.

(ii) Participate in 5 burns, documented and verified by a currently certified prescribed burn manager.

(iii) Complete the department's Michigan prescribed burn manager course.

(2) An applicant who fails to renew certification within 1 year from the expiration date of his/her previous certification may renew his or her certification, but only after completing all of the requirements for original certification contained in R 281.426.

(3) Burn manager recertification will be valid for a period of 5 years from the date of issuance of the renewal.

(4) A person who has been convicted of a felony under Chapter X - Arson and Burning of the Michigan Penal Code, MCL 750.71 to 750.80 or under section 51510 of Part 515 of the Natural Resources and Environmental Protection Act, MCL 324.51510, shall not be recertified as a prescribed burn manager.

History

• History: 2007 AACS.

Mich. Admin. Code R 281.428 Decertification; point assessment; decertification and recertification process {#sec-r-281.428 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.428}

Rule 8. (1) A certified prescribed burn manager who has been convicted of a felony under Chapter X - Arson and Burning of the Michigan Penal Code, MCL 750.71 to 750.80, or under section 51510 of Part 515 of the Natural Resources and Environmental Protection Act, MCL 324.51510, shall be immediately decertified and will be ineligible for recertification.

(2) The director may decertify a certified prescribed burn manager's certification for a period of not less than 1 year in either of the following situations:

(a) The manager's practices and procedures violate Michigan law or department rules, or constitute a threat to public health, safety, or property.

(b) The manager accumulates more than 15 points during any 2 year period. Points shall be assessed according to Table 1 and may be assessed for more than 1 infraction per incident.

(3) A manager who has had been decertified by the director under subrule (2) of this rule may be recertified 1 time by completing all of the requirements for original certification contained in R 281.426.

(4) A manager who has been decertified twice by the director under subrule (2) of this rule is not eligible to be recertified as a prescribed burn manager.

History

• History: 2007 AACS.

Mich. Admin. Code R 281.429 Decertification; right to hearing {#sec-r-281.429 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.429}

Rule 9. (1) If a prescribed burn manager has been decertified by the department, that person shall be afforded both of the following:

(a) An opportunity to show compliance with all lawful requirements for retention of the certification.

(b) A right to request a hearing in accordance with chapter 4 of the administrative procedures act of 1969, MCL 24.271 to 24.292.

(2) If a person does not request a hearing, the department may decertify the person's certification based on the findings of its investigation.

(3) Upon notification of a final decision of decertification, the person shall return the certification immediately to the department.

(4) A person who is decertified under this rule shall include the information related to the decertification in his or her application for recertification.

(5) A hearing provided for in this rule shall comply with chapter 4 of the administrative procedures act of 1969, MCL 24.271 to 24.292.

Violations & Point Assessment Table 1 CERTIFIED BURNER VIOLATIONS POINT S Certified burner burns without a permit when a permit is required.

Certified burner obtains a permit knowingly using false information (i.e. location, certified burn number, equipment on site, personnel).

Fire escapes from prescribed area, causing injury or damage to property or improvements.

Any burn initiated outside of prescription parameters based upon morning forecast and on‐site weather observations (i.e. wind speed, wind direction, RH, temperature, etc).

Any burn initiated without the equipment and/or personnel specified in the prescription.

Improper smoke screening, failure to properly mitigate smoke impacts, or burning that does not conform to the state’s smoke management plan.

Fire escapes from the prescribed area, but does not cause injury or damage to property or improvements.

CERTIFIED BURNER VIOLATIONS

POINT

S The department or other emergency fire response agency is required to take suppression action.

Failure to pay suppression costs on an escaped burn within 60 days of receipt of a bill for suppression costs.

Failure to attempt to shut down burn after notification by the department, or the fire department having jurisdiction.

Certified burner who attempts to burn without a written prescription at the site of the burn while burn is being conducted.

History

• History: 2007 AACS.

Law Enforcement Division Law Enforcement Division

R 281.511 to R 281.529 Watercraft Rented To Public

Mich. Admin. Code R 281.511 Scope {#sec-r-281.511 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.511}

DEPARTMENT OF NATURAL RESOURCES

LAW ENFORCEMENT DIVISION

WATERCRAFT RENTED TO PUBLIC

(By authority conferred on the state waterways commission by section 3 of Act No. 257 of the Public Acts of 1952, as amended, being S281.563 of the Michigan Compiled Laws)

Rule 1. These rules are promulgated for the purpose of implementing 1994 PA 451, MCL 324.44501 to 324.44526, hereinafter referred to as the act.

History

• History: 1979 AC; 2015 AACS.

Mich. Admin. Code R 281.512 Inspection of watercraft and equipment {#sec-r-281.512 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.512}

Rule 2. Watercraft subject to the act shall be:

(a) Of sound and substantial construction and in good seaworthy condition.

(b) Equipped by the livery operator with oars or paddles, as hereinafter provided, which shall be of sturdy construction and without holes, large chips, or cracks which will diminish their operation effectiveness, or structural strength. This subdivision applies to all watercraft, including those propelled by machinery or sail. Watercraft with oarlock sockets shall be equipped with not less than 2 oars and 2 oarlock horns. Watercraft without oarlock sockets shall be equipped with not less than 2 paddles.

(c) Equipped by the livery operator with an anchor of sufficient size and weight and an anchor line of sufficient strength and length to accommodate the watercraft in normal depth of the waters on which it is to be used. This requirement does not apply to canoes.

(d) Equipped by the livery operator with 1 life-saving cushion or other approved lifesaving device, in good condition, per person. Life-saving equipment shall be of the type approved by the U.S. Coast Guard and shall bear a stamp or label indicating such approval. Other equipment currently prescribed by law shall also be carried on board.

(e) Provided with sufficient buoyancy to keep the watercraft from sinking when it is filled with water and passengers are clinging to it if the aggregate weight of motor, passengers, and equipment carried in or attached to the watercraft does not exceed its maximum weight capacity, as determined by the maximum weight capacity formula contained in these rules. This requirement shall not become effective until January 1, 1973,except that watercraft newly placed in operation after January 1, 1970, shall meet this requirement.

(f) Pontoon boats shall meet the following deck requirements:

(i) The deck shall not exceed the width at the pontoons.

(ii) The deck shall not be greater than 6 inches above the pontoons.

(iii) The deck length within railings shall not be greater than 80% of pontoon length and shall not overhang the pontoons.

(iv) The deck shall drain freely.

History

• History: 1979 AC.

Mich. Admin. Code R 281.513 Maximum capacity tags generally {#sec-r-281.513 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.513}

Rule 3. The sheriff of each county or any peace officer duly authorized by him shall issue to the owner, for each watercraft, a maximum capacity tag. This tag shall be placed by, or in the presence of, the inspecting officer on the watercraft in such a location and manner as to be clearly visible and legible from the position designed or normally intended to be occupied by the operator of the watercraft when underway.

History

• History: 1979 AC.

Mich. Admin. Code R 281.514 Maximum capacity tags; watercraft for use with outboard motors {#sec-r-281.514 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.514}

Rule 4. The capacity tag for a watercraft for use with an outboard motor shall contain all of the following:

(a) The total weight of persons, motor, gear, and other articles placed aboard that the watercraft is capable of carrying with safety under normal conditions.

(b) The recommended number of persons commensurate with the weight capacity of the watercraft at a presumed weight of 185 pounds per person.

(c) The maximum horsepower of the motor the watercraft is designed or intended to accommodate.

(d) A notice that the information appearing on the capacity tag applies under normal conditions and that the weight of the outboard motor and its associated equipment is considered to be part of the weight capacity.

History

• History: 1979 AC; 2015 AACS.

Mich. Admin. Code R 281.515 Maximum capacity tags; watercraft not for use with outboard motors {#sec-r-281.515 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.515}

Rule 5. The capacity tag for a watercraft not for use with an outboard motor, such as a canoe, rowboat, inboard boat, or inboard-outboard boat shall contain all of the following:

(a) The total weight of persons, gear, and other articles placed aboard that the watercraft is capable of carrying with safety under normal conditions.

(b) The recommended number of persons commensurate with the weight capacity of the watercraft at a presumed weight of 185 pounds per person.

(c) A notice that the information appearing on the capacity plate applies under normal conditions.

History

• History: 1979 AC; 2015 AACS.

Mich. Admin. Code R 281.516 Weight capacity {#sec-r-281.516 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.516}

Rule 6. (1) The capacity tag shall contain the weight capacity of the watercraft determined as hereinafter provided.

(2) The weight capacity of a watercraft for use with an outboard motor, except a watercraft dependent solely upon the buoyancy of pontoons or similar flotation devices, shall be determined by either of the following methods:

(a) The formula WC=7 1/2 LBD, where WC is the weight capacity in pounds, L is the centerline length, B is the maximum beam amidships, and D is the effective depth figured from keel to lowest freeboard.

(b) Reference to the manufacturer's capacity tag installed in a watercraft if manufactured or offered for original sale in this state on or after January 1, 1968, or in accordance with standards approved by the state waterways commission.

(3) The weight capacity of a watercraft with a permanently installed engine, except watercraft dependent solely upon the buoyancy of pontoons or similar flotation devices, shall be determined in the same manner as for watercraft for use with outboard motors, except that the weight of all machinery and associated operating gear including battery, fuel, and fuel system shall be subtracted.

(4) The weight capacity of a watercraft dependent solely upon the buoyancy of pontoons or similar flotation devices shall be determined by applying the formula WC=[(62 1/2V)--Boat Wgt.] : 2, where WC is the weight capacity of the watercraft, and V is the volume of both pontoons. If equipped with a permanently installed engine, the weight of all machinery and associated operating gear including battery, fuel, and fuel system shall be subtracted from the weight capacity.

(5) The weight capacity of a rowboat and any other watercraft for use without an outboard motor shall be determined in the same manner as for a watercraft for use with an outboard motor, following the formula expressed as WC=7 1/2 LBD.

(6) The weight capacity of a canoe shall be determined by the formula WC=7 1/2 LBD x 2.

(7) The livery operator shall provide the inspecting officer with information relative to the weight of the watercraft either by reference to the manufacturer's rating or by actual weighing of the watercraft.

History

• History: 1979 AC.

Mich. Admin. Code R 281.517 Horsepower capacity {#sec-r-281.517 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.517}

Rule 7. The horsepower capacity of an outboard watercraft, excepting canoes or pontoon craft, shall be determined by either of the following methods:

(a) The horsepower capacity of an outboard watercraft, other than a canoe, and except one dependent solely upon the buoyancy of pontoons or similar flotation devices, shall not exceed the value given by the boat horsepower table in figure 1.

The horsepower capacity of an outboard watercraft, other than a canoe, and dependent solely upon the buoyancy of pontoons or similar flotation devices shall not exceed the value given by multiplying the cubic feet of flotation in the pontoons by the pontoon length in feet and dividing by the pontoon diameter in inches. If the pontoons are not circular in cross section, the diameter of the largest circle that can be inscribed in the pontoon shall be used.

(b) By reference to a manufacturer's capacity plate installed in a watercraft, if manufactured or offered for original sale in this state on or after January 1, 1968, or in accordance with standards approved by the state waterways commission, or the horsepower capacity recommended by the livery operator, whichever is the lesser.

Figure 1 Boat Horsepower Table Multiply overall length_____ x stern widtth ____ = Factor (both measurements in decimal feet) (nearest whole number)

Remote steering No remote steering and 20' or or transom less than equivalent 20" or equivalent Factor is: under over over 40 40-45 46-49 50-53 54-57 57 57 B.P. Cap is: 5 10 15 20 25 (2 X Factor) -- 90 (3/4 Factor) -- 20 H.P. Cap = _________ (raise to even 5 h.p. increment)

History

• History: 1979 AC.

Mich. Admin. Code R 281.518 Horsepower capacity for canoes {#sec-r-281.518 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.518}

Rule 8. The horsepower capacity for canoes shall be determined by the following table, or by the horsepower capacity recommended by the livery operator, whichever is the lesser.

For canoes under 15 feet in length 4 horsepower For canoes under 15 to 18 feet in length 5 horsepower For canoes over 18 feet in length 8 horsepower

History

• History: 1979 AC.

Mich. Admin. Code R 281.519 Passenger capacity {#sec-r-281.519 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.519}

Rule 9. Passenger capacity shall be determined by applying either of the following formulas resulting in the lesser capacity:

(a) (WC — M) : 185, where M is the weight of the largest outboard motor and associated operating equipment that the watercraft is represented to accommodate if usable with outboard motor; and 185 is the presumed pound weight per person. For a watercraft with an inboard or inboard-outboard motor, divide WC by 185.

(b) Boat length multiplied by the maximum boat beam divided by 15. This formula is not applicable to canoes.

History

• History: 1979 AC; 2015 AACS.

Mich. Admin. Code R 281.520 Navigable waters livery vessels; first aid kit and emergency procedures list {#sec-r-281.520 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.520}

Rule 10. (1) The owner of a navigable waters livery vessel shall provide, and have onboard the vessel, at least 1 standard 16-unit first aid kit.

(2) The owner of a navigable waters livery shall post an emergency procedures list aboard the vessel in a conspicuous location. The list shall set forth, at a minimum, all of the following informational items:

(a) Radio-telephone distress, including all of the following:

(i) Switch to channel 16 - coast guard.

(ii) Give distress signal "MAYDAY" 3 times.

(iii) Give boat name, type, and color.

(iv) Give position.

(v) Describe emergency.

(b) Man overboard, including all of the following:

(i) Post a lookout.

(ii) Throw over a flotation device or the water light.

(iii) Do not jump into the water unless the person overboard is a small child, elderly, or a person with a disability.

(iv) Maneuver to return for pickup.

(v) Use additional markers.

(vi) Get victim aboard.

(vii) Call for help if necessary.

(c) Explosion, including all of the following:

(i) Be ready to go overboard with personal flotation device (life jacket).

(ii) When clear of danger, account for all passengers and assist.

(iii) Stay together.

(d) Fires, including all of the following:

(i) If possible, use fire extinguisher.

(ii) If practical, jettison burning materials.

(iii) Reduce the air supply.

(iv) Assemble at opposite end of boat.

(v) Make preparation to abandon ship, including all of the following:

(A) Put on life jacket.

(B) Signal for help by radio or any means available.

(e) Leaks or damage control, including all of the following:

(i) Put on life jacket.

(ii) Check bilge pump operation.

(iii) Pull up all decks and floor boards in search of leaks.

(iv) Slow or stop boat as needed. You may need to stay on plane to keep hole above water.

(v) Stop engine, close sea cock for engine cooling, disconnect hose and place end in bilge. Start engine to act as bilge pump.

(vi) Cover large hole from outside of boat with mattress or similar device.

(vii) Use radio to call for help. Channel 16 - coast guard.

History

• History: 1979 AC; 2015 AACS.

Mich. Admin. Code R 281.521 Navigable waters livery vessel; marine radio; compass {#sec-r-281.521 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.521}

Rule 11. (1) The owner of a navigable waters livery vessel that is rented or offered for rent on the Great Lakes shall have aboard the vessel a marine radio that is in good working condition.

(2) The owner of a navigable waters livery vessel that is rented or offered for rent on the Great Lakes shall have aboard the vessel a suitable marine-type compass that is in good and serviceable condition.

History

• History: 2015 AACS.

Mich. Admin. Code R 281.522 Navigable waters livery vessel; bilge pump; bailing devices {#sec-r-281.522 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.522}

Rule 12. (1) A navigable waters livery vessel constructed with bilges or enclosed spaces below decks shall be fitted with an electrically operated bilge pump located in a manner that will assure that all bilge areas can be pumped. The bilge pump shall be in good and serviceable condition.

(2) All navigable waters livery vessels shall be equipped with a manually operated bailing device.

History

• History: 2015 AACS.

Mich. Admin. Code R 281.523 Navigable waters livery vessels; electrical systems {#sec-r-281.523 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.523}

Rule 13. (1) All electrical systems on a navigable waters livery vessel shall be safe and fit for the service intended, shall be in proper operating condition, and shall have a suitable electrical grounding system.

(2) Electrical wiring shall be routed as high as possible above the bilges, shall be supported in a suitable manner with nonabrasive fasteners to structural members of the vessel, and shall be protected against chafing where passing through bulkheads or other structural members. Fasteners and protective devices shall not be capable of causing damage to the wiring.

(3) Any electrical storage battery or batteries shall be compatible with its attendant electrical system.

(4) A battery shall be located so that gas generated in charging is dissipated by natural or mechanical ventilation.

(5) A battery shall be accessibly located, provided with suitable supports, and secured against shifting with the motion of the vessel.

(6) A battery shall be located in a liquid-tight tray or box of adequate capacity to retain normal spillage or boilover of the electrolyte. The tray or box shall be constructed of, or lined with, suitable materials resistant to deterioration by the electrolyte.

(7) A nonconductive, perforated cover or other suitable means shall be provided to prevent accidental shorting of the battery terminals.

Mich. Admin. Code R 281.524 Navigable waters livery vessels; sailing apparatus {#sec-r-281.524 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.524}

Rule 14. The owner of a navigable waters livery vessel shall maintain all masts, spars, standing rigging, running rigging, blocks, fittings, sails, lines, and other sailing apparatus in good and serviceable condition.

History

• History: 2015 AACS.

R 281.700.1 to R 281.783.2 Special Local Watercraft Controls

Mich. Admin. Code R 281.700.1 Definitions {#sec-r-281.700.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.700.1}

DEPARTMENT OF NATURAL RESOURCES

LAW ENFORCEMENT DIVISION

SPECIAL LOCAL WATERCRAFT CONTROLS

(By authority conferred on the department of natural resources by sections 80113 and 80121 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.80113 and 324.80121)

Regulation No. 0, General provisions.

Rule 1. The words and phrases defined in Act No. 303 of the Public Acts of 1967, being SS281.1001 to 281.1199 of the Michigan Compiled Laws, have the same meaning when used in the rules prescribing special local watercraft controls, whether such rules were promulgated before or after this rule becomes effective.

History

• History: 1979 AC.

Mich. Admin. Code R 281.700.2 "Airboat" defined {#sec-r-281.700.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.700.2}

Rule 2. As used in these rules, "airboat" means a vessel or contrivance, other than a conventional seaplane, helicopter, or autogiro, that makes use of motor-powered propeller, air vane, or other aerostatic force to support or propel, or both to support and propel, the vessel on or over the surface of the water.

History

• History: 1979 AC.

Mich. Admin. Code R 281.700.3 High-speed boating and water skiing prohibited; time {#sec-r-281.700.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.700.3}

Rule 3. (1) On the waters of this state where special local watercraft controls have been established prohibiting high-speed boating and water skiing from 6:30 p.m. to 10:00 a.m. of the following day, the hours shall be 7:30 p.m. to 11:00 a.m. of the following day when and where eastern daylight saving time is in effect.

(2) "Daylight saving time" means the advancing of the standard time by 1 hour, commencing at 2 o'clock antemeridian on the second Sunday of March of each year and ending at 2 o'clock antemeridian on the first Sunday of November of each year in conformity with the federal uniform time act of 1966, as amended by the energy policy act of 2005.

Regulation No. 1, Alcona county.

History

• History: 1979 AC; 2016 AACS.

Mich. Admin. Code R 281.701.1 Crooked lake; high-speed boating and water skiing prohibited {#sec-r-281.701.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.701.1}

Rule 1. On the waters of Crooked lake, sections 17 and 18, town 27 north, range 5 east, Mitchell township, Alcona county, it is unlawful to:

(a) Operate a vessel at high speed, or (b) Have in tow, or otherwise assist in the propulsion of, a person on water skis, water sled, kite, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.701.2 McCollum lake; hours for water skiing {#sec-r-281.701.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.701.2}

Rule 2. On the waters of McCollum lake, county of Alcona, state of Michigan, no operator of any motorboat shall have in tow or shall otherwise be assisting in the propulsion of a person on water skis, water sled, surfboard, or other similar contrivance during the period from 6:30 p.m. to 10:00 a.m. of the following day. (See R 281.768.2 for regulation covering the part of this lake lying in Oscoda county.)

History

• History: 1979 AC.

Mich. Admin. Code R 281.701.3 Rescinded {#sec-r-281.701.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.701.3}

History

• History: 1979 AC.

Mich. Admin. Code R 281.701.4 Vaughn lake; hours for high-speed boating and water skiing {#sec-r-281.701.4 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.701.4}

Rule 4. On the waters of Vaughn lake, sections 20, 21, 28 and 29, T25N, R6E, Curtis township, Alcona county, it is unlawful, between the hours of 6:30 p.m. and 10:00 a.m. of the following day, to:

(a) Operate a vessel at high speed, or (b) Have in tow, or otherwise assist in the propulsion of, a person on water skis, water sled, kite, surfboard, or other similar contrivance.

Regulation No. 2, Alger county.

History

• History: 1979 AC.

Mich. Admin. Code R 281.702.1 AuTrain river; slow--no wake speed zone {#sec-r-281.702.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.702.1}

Rule 1. On the waters of the AuTrain river, in the north 1/2, section 32 and the northwest 1/4, section 33, T47N, R20W, AuTrain township, Alger county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.702.2 AuTrain river; slow--no wake speed zone {#sec-r-281.702.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.702.2}

Rule 2. On the waters of the AuTrain river in section 5, T46N, R20W, AuTrain township, Alger county, it is unlawful for the operator of a vessel to exceed a slow-no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.702.3 Cleveland Cliffs basin, AuTrain river; seasonal prohibition of motorboats {#sec-r-281.702.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.702.3}

Rule 3. On the waters of the Cleveland Cliffs basin, AuTrain river, in the south 1/2 of section 25 and section 36, T45N, R21W, and the south 1/2 of section 30 and section 31, T45N, R20W, Limestone and AuTrain townships, Alger county, it is unlawful to operate a motorboat during September, October, and November.

Regulation No. 3, Allegan county.

History

• History: 1979 AC.

Mich. Admin. Code R 281.703.1 Kalamazoo river, Saugatuck township; no wake speed {#sec-r-281.703.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.703.1}

Rule 1. On the waters of the Kalamazoo river, located in Saugatuck township, Allegan county, state of Michigan, extending from the entrance piers of Lake Michigan, southerly to a line extending westward from the south side of Mason Street, village of Saugatuck, across the Kalamazoo river, all watercraft shall proceed at a speed so as not to create a wake.

History

• History: 1979 AC.

Mich. Admin. Code R 281.703.2 Saugatuck harbor; lights {#sec-r-281.703.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.703.2}

Rule 2. All watercraft, other than vessels whose lighting requirements are presently covered by existing state or federal laws or regulations, used on the waters of Saugatuck harbor shall, during hours of darkness or low visibility, display 1 white light visible through an arc of 360 degrees and of such intensity as to be visible on a dark night with a clear atmosphere at a distance of at least 1 mile.

History

• History: 1979 AC.

Mich. Admin. Code R 281.703.3 Big lake; hours for high-speed boating and water skiing {#sec-r-281.703.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.703.3}

Rule 3. On the waters of Big lake, Watson township, Allegan county, state of Michigan, no operator of any motorboat shall operate such motorboat at high speed or have in tow or shall otherwise be assisting in the propulsion of a person on water skis, water sled, surfboard, or other similar contrivance during the period from 6:30 p.m. to 10:00 a.m. of the following day.

History

• History: 1979 AC.

Mich. Admin. Code R 281.703.4 Selkirk lake; hours for high-speed boating and water skiing; obstructing channel {#sec-r-281.703.4 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.703.4}

Rule 4. (1) On the waters of Selkirk lake, township of Wayland, county of Allegan, state of Michigan, no operator of any motorboat shall, during the period from 6:30 p.m. to 10:00 a.m. of the following day:

(a) Operate such motorboat at high speed.

(b) Have in tow, or otherwise assist in the propulsion of, a person on water skis, water sled, surfboard, or other similar contrivance.

(2) On the waters of the channel connecting Selkirk lake to the north bay of Selkirk lake, township of Wayland, county of Allegan, state of Michigan, no person shall anchor any vessel or otherwise obstruct such channel during the period from 10:00 a.m. to 6:30 p.m. of the following day.

History

• History: 1979 AC.

Mich. Admin. Code R 281.703.5 Ely lake, motorboats prohibited {#sec-r-281.703.5 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.703.5}

Rule 5. On the waters of Ely lake, Clyde township, Allegan county, state of Michigan, no person shall operate or give permission for the operation of any motorboat.

History

• History: 1979 AC.

Mich. Admin. Code R 281.703.6 East lake; high-speed boating and water skiing prohibited {#sec-r-281.703.6 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.703.6}

Rule 6. On the waters of East lake, township of Hopkins, county of Allegan, state of Michigan, no operator of any motorboat shall:

(a) Operate such motorboat at high speed, which means a speed at or above which a motorboat reaches a planing condition.

(b) Have in tow, or otherwise assist in the propulsion of, a person on water skis, water sled, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.703.7 Round lake; high-speed boating and water skiing prohibited {#sec-r-281.703.7 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.703.7}

Rule 7. On the waters of Round lake, section 10, town 4 north, range 11 west, Leighton township, Allegan county, state of Michigan, no operator of any motorboat shall:

(a) Operate such motorboat at high speed, which means a speed at or above which a motorboat reaches a planing condition.

(b) Have in tow, or otherwise assist in the propulsion of, a person on water skis, water sled, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.703.8 Goshorn lake; slow--no wake speed {#sec-r-281.703.8 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.703.8}

Rule 8. On the waters of Goshorn lake, section 3, town 3 north, range 16 west, Saugatuck township, and section 34, town 4 north, range 16 west, Laketown township, Allegan county, it is unlawful for the operator of a vessel to exceed a slow- -no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.703.9 Wetmore lake; high-speed boating and water skiing prohibited {#sec-r-281.703.9 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.703.9}

Rule 9. On the waters of Wetmore lake, section 3, T2N, R13W, Allegan township, Allegan county, it is unlawful for the operator of a vessel to:

(a) Operate a vessel at high speed.

(b) Have in tow, or otherwise assist in the propulsion of, a person on water skis, a water sled, kite, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.703.10 Dumont lake; hours for high-speed boating and water skiing {#sec-r-281.703.10 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.703.10}

Rule 10. On the waters of Dumont lake, sections 32 and 33, T3N, R13W, Monterey township, and sections 4 and 5, T2N, R13W, Allegan township, Allegan county, it is unlawful, during the period of May 15 to September 15, on Saturdays, Sundays, Memorial day, Independence day, and Labor day, except between the hours of 10:00 a.m. and 6:30 p.m., to:

(a) Operate a vessel at high speed, which means a speed at or above which a motorboat reaches a planing condition.

(b) Have in tow, or otherwise assist in the propulsion of, a person on water skis, a water sled, kite, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.703.11 Hutchins lake; hours for high-speed boating and water skiing {#sec-r-281.703.11 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.703.11}

Rule 11. On the waters of Hutchins lake, sections 6 and 7, T2N, R15W, Clyde township, and sections 1 and 12, T2N, R16W, Ganges township, Allegan county, an operator of a motorboat, between the hours of 6:30 p.m. and 10:00 a.m. of the following day, shall not:

(a) Operate the motorboat at high speed, which means a speed at or above which a motorboat reaches a planing condition.

(b) Have in tow, or otherwise assist in the propulsion of, a person on water skis, water sled, kite, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.703.12 Kalamazoo river; slow--no wake speed {#sec-r-281.703.12 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.703.12}

Rule 12. On the waters of the Kalamazoo river, village of Douglas, Allegan county, from the Blue Star bridge upstream to a point where Center street, as extended, intersects the water's edge, thence northeast (045o true) to where that line intersects with the village limits, it is unlawful for the operator of a vessel to exceed a slow-no wake speed.

Regulation No. 4, Alpena county.

History

• History: 1984 AACS.

Mich. Admin. Code R 281.704.1 Thunder Bay river and floodwaters; slow--no wake speed {#sec-r-281.704.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.704.1}

Rule 1. On the waters of the Thunder Bay river and floodwaters from the west line of section 21, town 31 north, range 8 east, downstream and 300 feet in any direction from the mouth in Lake Huron, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

Regulation No. 5, Antrim county.

History

• History: 1979 AC.

Mich. Admin. Code R 281.705.1 Rivers and channels; slow--no wake speed {#sec-r-281.705.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.705.1}

Rule 1. On the following rivers and channels, county of Antrim, state of Michigan, no operator of any motorboat shall exceed a slow--no wake speed:

(a) Clam river from Torch lake to Clam lake.

(b) Grass river from Clam lake to lake Bellaire.

(c) Intermediate river from lake Bellaire to Intermediate lake.

(d) Channel connecting Intermediate lake to Hanley lake.

(e) Channel connecting Hanley lake to Benway lake.

(f) Channel connecting Benway lake to Wilson lake.

(g) Channel connecting Wilson lake to Ellsworth lake.

(h) Channel connecting Ellsworth lake to St. Clair lake.

History

• History: 1979 AC.

Mich. Admin. Code R 281.705.2 Torch river and Torch lake adjacent to its mouth; slow—no wake speed {#sec-r-281.705.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.705.2}

Rule 2. On the waters of the Torch river, sections 6, 7, and 18, town 28 north, range 8 west, township of Milton, county of Antrim, from the south line of section 18, town 28 north, range 8 west, to the north end of the river and for a distance of 300 feet in any direction in Torch lake, an operator of a vessel shall not exceed a slow--no wake speed, which means a very slow speed whereby the wake or wash created by the vessel would be minimal. (See R 281.740.8 for regulation covering the part of this river and adjacent lake lying in Kalkaska county.)

History

• History: 1979 AC.

Mich. Admin. Code R 281.705.3 Jordan river; motorboats prohibited {#sec-r-281.705.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.705.3}

Rule 3. On the waters of the Jordan river within Antrim county, state of Michigan, no person shall operate any vessel propelled by machinery.

History

• History: 1979 AC.

Mich. Admin. Code R 281.705.4 Wetzel lake; motorboats prohibited {#sec-r-281.705.4 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.705.4}

Rule 4. On the waters of Wetzel lake, sections 2 and 11, town 29 north, range 6 west, Mancelona township, Antrim county, it shall be unlawful for any person to operate a motorboat, which means a vessel propelled by machinery.

History

• History: 1979 AC.

Mich. Admin. Code R 281.705.5 Thayer lake; slow--no wake speed {#sec-r-281.705.5 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.705.5}

Rule 5. On the waters of Thayer lake, sections 4 and 9, T29N, R8W, Helena township, Antrim county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

Regulation No. 6, Arenac county.

History

• History: 1981 AACS.

Mich. Admin. Code R 281.706.1 AuGres river; slow--no wake speed {#sec-r-281.706.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.706.1}

Rule 1. On the waters of the AuGres river, Sims and AuGres townships, Arenac county, from the north line of section 13, town 19 north, range 6 east, downstream to the easterly end of the entrance channel pierhead, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.706.2 Pine river; slow--no wake speed {#sec-r-281.706.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.706.2}

Rule 2. On the waters of the Pine river, from the Highway bridge, in the southeast 1/4 of the southeast 1/4, section 5, T18N, R5E, Standish township, Arenac county, downstream and 500 feet in any direction from the mouth of the river in Saginaw bay, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

Regulation No. 7, Baraga county.

History

• History: 1979 AC.

Mich. Admin. Code R 281.707.1 Craig lake; motorboats prohibited {#sec-r-281.707.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.707.1}

Rule 1. On the waters of Craig lake, sections 21, 22, 27, 28, 33 and 34, town 49 north, range 31 west, Spurr township, Baraga county, it is unlawful to operate a motorboat.

History

• History: 1979 AC.

Mich. Admin. Code R 281.707.2 Crooked lake; motorboats prohibited {#sec-r-281.707.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.707.2}

Rule 2. On the waters of Crooked lake, sections 26, 27, 34 and 35, town 49 north, range 31 west, Spurr township, Baraga county, it is unlawful to operate a motorboat.

History

• History: 1979 AC.

Mich. Admin. Code R 281.707.3 Nelligan lake; motorboats prohibited {#sec-r-281.707.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.707.3}

Rule 3. On the waters of Nelligan lake, sections 11 to 14, town 48 north, range 31 west, Spurr township, Baraga county, it is unlawful to operate a motorboat.

History

• History: 1979 AC.

Mich. Admin. Code R 281.707.4 Teddy lake; motorboats prohibited {#sec-r-281.707.4 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.707.4}

Rule 4. On the waters of Teddy lake, sections 32 and 33, town 49 north, range 31 west, Spurr township, Baraga county, it is unlawful to operate a motorboat.

History

• History: 1979 AC.

Mich. Admin. Code R 281.707.5 Clair lake; motorboats prohibited {#sec-r-281.707.5 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.707.5}

Rule 5. On the waters of Clair lake, section 21, town 49 north, range 31 west, Spurr township, Baraga county, it is unlawful to operate a motorboat.

History

• History: 1979 AC.

Mich. Admin. Code R 281.707.6 Unnamed lake in section 2, town 48 north, range 31 west, and section 35, town 49 north, range 31 west, Spurr township; motorboats prohibited {#sec-r-281.707.6 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.707.6}

Rule 6. On the waters of that unnamed lake in section 2, town 48 north, range 31 west, and section 35, town 49 north, range 31 west, Spurr township, Baraga county, it is unlawful to operate a motorboat.

History

• History: 1979 AC.

Mich. Admin. Code R 281.707.7 Unnamed lake in section 2, town 48 north, range 31 west, Spurr township; motorboats prohibited {#sec-r-281.707.7 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.707.7}

Rule 7. On the waters of that unnamed lake in section 2, town 48 north, range 31 west, Spurr township, Baraga county, it is unlawful to operate a motorboat.

History

• History: 1979 AC.

Mich. Admin. Code R 281.707.8 Petticoat lake; hours for high-speed boating and water skiing {#sec-r-281.707.8 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.707.8}

Rule 8. On the waters of Petticoat lake, sections 28, 29, 32, and 33, T48N, R31W, Spurr township, Baraga county, it is unlawful, between the hours of 6:30 p.m. and 10 a.m. of the following day, to:

(a) Operate a vessel at high speed.

(b) Have in tow, or otherwise assist in the propulsion of, a person on water skis, a water sled, kite, surfboard, or other similar contrivance.

Regulation No. 8, Barry county.

History

• History: 1981 AACS.

Mich. Admin. Code R 281.708.1 Gun lake, canals on Englands Point; slow--no wake speed {#sec-r-281.708.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.708.1}

Rule 1. On all waters of the canals of Gun lake, whose entrance is on the west side of Englands Point, sections 5 and 6, town 2 north, range 10 west, township of Orangeville, county of Barry, state of Michigan, lying easterly of a line 750 feet west of and parallel to the east section line of section 6, no operator of any motorboat shall exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.708.2 Thornapple river in part of Hastings township; slow—no wake speed {#sec-r-281.708.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.708.2}

Rule 2. On the waters of the Thornapple river, sections 25 and 26, town 3 north, range 8 west, Hastings township, Barry county, an operator of a vessel shall not exceed a slow--no wake speed, which means a very slow speed whereby the wake or wash created by the vessel would be minimal.

History

• History: 1979 AC.

Mich. Admin. Code R 281.708.3 Cuddy drain to Gun lake; slow--no wake speed {#sec-r-281.708.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.708.3}

Rule 3. On the waters of Cuddy drain to Gun lake, sections 19 and 30, town 3 north, range 10 west, Yankee Springs township, Barry county, it shall be unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.708.4 Long lake, Barry county; hours for high-speed boating and water skiing {#sec-r-281.708.4 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.708.4}

Rule 4. On the waters of Long lake, sections 10 and 15, town 1 north, range 8 west, Johnstown township, Barry county, it is unlawful, between the hours of 6:30 p.m. and 10:00 a.m. of the following day, to:

(a) Operate a vessel at high speed, or (b) Have in tow, or otherwise assist in the propulsion of, a person on water skis, water sled, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.708.5 Long lake, Barry county; water skiers; towing limitation {#sec-r-281.708.5 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.708.5}

Rule 5. On the waters of Long lake, sections 10 and 15, town 1 north, range 8 west, Johnstown township, Barry county, it is unlawful to tow, or otherwise assist in the propulsion of, more than 1 person at 1 time on water skis, water sled, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.708.6 Pine lake and connecting channels and canals, portion of; slow--no wake speed {#sec-r-281.708.6 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.708.6}

Rule 6. On that portion of Pine lake and the channels and canals connected thereto, between a line from where the west line of lot 28, supervisor's plat of Ford's point, intersects the water's edge, thence southwesterly to where the south line of lot 122, supervisor's plat no. 1 of Long point, intersects the water's edge and a line from the point where the east line of lot 118, supervisor's plat no. 1 of Long point, intersects the water's edge, thence northerly to the point where the south line of lot 38, supervisor's plat of Ford's point, intersects the water's edge, section 5, T1N, R10W, Prairieville township, Barry county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.708.7 Deep lake; slow--no wake speed {#sec-r-281.708.7 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.708.7}

Rule 7. On the waters of Deep lake, section 26, T3N, R10W, Yankee Springs township, Barry county, it is unlawful for the operator of a vessel to exceed a slow-no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.708.8 Gun lake; channels and canals; slow--no wake speed {#sec-r-281.708.8 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.708.8}

Rule 8. On the waters of the canals and channels connected to Gun lake, sections 19 and 30, T3N, R10W, Yankee Springs township, Barry county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.708.9 Pine lake and connecting channels and canals, portions of; slow--no wake speed {#sec-r-281.708.9 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.708.9}

Rule 9. On the waters of Pine lake and the channels and canals connected thereto, sections 5, 6, 7, and 8, T1N, R10W, Prairieville township, Barry county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed when within 100 feet of any shore, dock, raft, buoyed or occupied bathing area, or vessel moored or at anchor, except when water skiers are being picked up or dropped off if that operation is otherwise conducted with due regard to the safety of persons and property and in accordance with the laws of this state.

History

• History: 1979 AC.

Mich. Admin. Code R 281.708.10 Gull lake; watercraft speed limit {#sec-r-281.708.10 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.708.10}

Rule 10. On the waters of Gull lake, section 36, T1N, R10W, Prairieville township, and section 31, T1N, R9W, Barry township, Barry county, it is unlawful at any time to operate a vessel at a speed in excess of 40 miles per hour (64 kilometers per hour).

(See R 281.739.9 covering that portion of Gull lake which lies in Kalamazoo county.)

Regulation No. 9, Bay county.

History

• History: 1979 AC.

Mich. Admin. Code R 281.709.1 Kawkawlin river and Saginaw bay adjacent to mouth; slow—no wake speed {#sec-r-281.709.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.709.1}

Rule 1. On the waters of the Kawkawlin river, section 1, town 14 north, range 4 east; sections 4, 5, and 6, town 14 north, range 5 east; section 36, town 15 north, range 4 east; and section 33, town 15 north, range 5 east, townships of Bangor, Kawkawlin and Monitor, county of Bay, state of Michigan, from the highway bridge at state highway M-13 downstream and 300 feet in any direction from the mouth of the river in Saginaw bay, no operator of any motorboat shall exceed a slow--no wake speed, which means a speed whereby the wake or wash created by the motorboat would be minimal.

History

• History: 1979 AC.

Mich. Admin. Code R 281.709.2 Kawkawlin river artificial canals; slow--no wake speed {#sec-r-281.709.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.709.2}

Rule 2. On the artificial canals connected to the Kawkawlin river in section 5, town 14 north, range 5 east and section 33, town 15 north, range 5 east, township of Bangor, county of Bay, state of Michigan, no operator of any motorboat shall exceed a slow--no wake speed, which means a speed whereby the wake or wash created by the motorboat would be minimal.

History

• History: 1979 AC.

Mich. Admin. Code R 281.709.3 Saginaw river, portion of; slow--no wake speed {#sec-r-281.709.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.709.3}

Rule 3. (1) On that portion of the waters of the Saginaw river, located from the Penn Central railroad bridge upstream to the Veterans Memorial bridge (M 25), section 21, T14N, R5E, city of Bay City, Bay county, it is unlawful for the operator of a vessel to exceed a slow-no wake speed.

(2) On that portion of the waters of the Saginaw river, located from the Lafayette street bridge upstream to the Old Cass avenue bridge, section 32, T14N, R5E, city of Bay City, Bay county, it is unlawful for the operator of a vessel to exceed a slow-no wake speed.

(3) This rule applies only to vessels used for recreational purposes.

History

• History: 1979 AC.

Mich. Admin. Code R 281.709.4 Saginaw river; slow--no wake speed {#sec-r-281.709.4 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.709.4}

Rule 4. On the waters of the Saginaw river located within the city limits of Essexville, Michigan, Bay county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1982 AACS.

Mich. Admin. Code R 281.709.5 Saginaw river; slow--no wake speed {#sec-r-281.709.5 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.709.5}

Rule 5. On the waters of the Saginaw river located within the township of Bangor, Bay county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

Regulation No. 10, Benzie county.

History

• History: 1983 AACS.

Mich. Admin. Code R 281.710.1 Ann lake; hours for high-speed boating and water skiing {#sec-r-281.710.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.710.1}

Rule 1. On the waters of Ann lake, Benzie county, state of Michigan, no operator of any motorboat, shall have in tow, or shall otherwise be assisting in the propulsion of, a person on water skis, water sled, surfboard, or other similar contrivance during the period from 6:30 p.m. to 10:00 a.m. of the following day.

History

• History: 1979 AC.

Mich. Admin. Code R 281.710.2 Platte river; slow--no wake speed {#sec-r-281.710.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.710.2}

Rule 2. On the waters of the Platte river from Lake Michigan to Loon lake and from Loon lake to the last channel marker where the Platte river enters Platte lake, Benzie county, state of Michigan, no operator of any motorboat shall exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.710.3 Lake View, west basin; slow--no wake speed {#sec-r-281.710.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.710.3}

Rule 3. On the waters of the west basin of lake View, sections 15 and 22, town 27 north, range 13 west, Almira township, Benzie county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.710.4 Lake View, east basin; high-speed boating and water skiing prohibited {#sec-r-281.710.4 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.710.4}

Rule 4. On the waters of the east basin of lake View, sections 15 and 22, town 27 north, range 13 west, Almira township, Benzie county, it is unlawful to:

(a) Operate a vessel at high speed, or (b) Have in tow, or otherwise assist in the propulsion of, a person on water skis, water sled, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.710.5 Herendeene lake; high-speed boating and water skiing prohibited {#sec-r-281.710.5 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.710.5}

Rule 5. On the waters of Herendeene lake, section 15, town 27 north, range 13 west, Almira township, Benzie county, it is unlawful to:

(a) Operate a vessel at high speed, or (b) Have in tow, or otherwise assist in the propulsion of, a person on water skis, water sled, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.710.6 Bronson lake; slow--no wake speed {#sec-r-281.710.6 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.710.6}

Rule 6. On the waters of Bronson lake, sections 33 and 34, T27N, R13W, Almira township, and sections 3 and 4, T26N, R13W, Inland township, Benzie county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.710.7 Bellew lake; slow--no wake speed {#sec-r-281.710.7 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.710.7}

Rule 7. On the waters of Bellew lake, section 25, T27N, R13W, Almira township, Benzie county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed. (See R 281.728.9 covering that portion of Bellew lake which lies in Grand Traverse county.)

History

• History: 1980 AACS.

Mich. Admin. Code R 281.710.8 Betsie lake; slow--no wake speed {#sec-r-281.710.8 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.710.8}

Rule 8. On the waters of Betsie lake, sections 27 and 28, T25N, R15W, village of Elberta and city of Frankfort, Benzie county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

Regulation No. 11, Berrien county.

History

• History: 1980 AACS.

Mich. Admin. Code R 281.711.1 Clear lake; hours for high-speed boating and water skiing {#sec-r-281.711.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.711.1}

Rule 1. On the waters of Clear lake, township of Buchanan, county of Berrien, state of Michigan, no operator of any motorboat, during the period from 6:30 p.m. to 10:00 a.m. of the following day, shall:

(a) Operate such motorboat at high speed, which means a speed at or above which a boat reaches a planing condition, or (b) Have in tow, or otherwise assist in the propulsion of, a person on water skis, water sled, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.711.2 Galien river and New Buffalo harbor, city of New Buffalo; slow--no wake speed; swimming; anchoring or mooring vessel {#sec-r-281.711.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.711.2}

Rule 2. (1) On the waters of the Galien river, the channels and canals connected thereto, and the New Buffalo harbor, sections 3, 4, 9, and 10, T8S, R3W, city of New Buffalo, Berrien county, it is unlawful for the operator of a vessel to exceed a slow-no wake speed.

(2) On the waters of the Galien river, the channels and canals connected thereto, and the New Buffalo harbor, sections 3, 4, 9, and 10, T8S, R3W, city of New Buffalo, Berrien county, it is lawful for a person to swim only in a buoyed area designated as a bathing area, pursuant to section141 of Act No. 303 of the Public Acts of 1967, being S281.1141 of the Michigan Compiled Laws.

(3) On the navigable waters of the entrance channel to the New Buffalo harbor, section 4, T8S, R3W, city of New Buffalo, Berrien county, it is unlawful to anchor or moor a vessel.

History

• History: 1979 AC.

Mich. Admin. Code R 281.711.3 Galien river, portion of; slow--no wake speed {#sec-r-281.711.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.711.3}

Rule 3. On that portion of the waters of the Galien river and the channels and canals connected thereto, section 3, T8S, R3W, New Buffalo township, Berrien county, upstream from the New Buffalo city limit to a line extending southeasterly from Sloan lane along the easterly boundary of lot 10, block 24, Lake Michigan Riviera subdivision, to the water's edge, and thence southeasterly to the nearest opposite shore, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.711.4 Paw Paw lake, portion of; slow--no wake speed {#sec-r-281.711.4 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.711.4}

Rule 4. On the waters of Paw Paw lake, sections 16 and 21, T3S, R17W, Coloma township, Berrien county, lying south of a line commencing at the easternmost point of Island Number 1 and bearing easterly to the nearest opposite shore, and lying west of a line commencing at the northernmost portion of Island Number 1 and bearing due north to the nearest opposite shore, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.711.5 St. Joseph River, portion of; slow no--wake speed {#sec-r-281.711.5 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.711.5}

Rule 5. On that portion of the St. Joseph river and the Morrison channel, city of Benton Harbor and the city of St. Joseph, from the river's mouth upstream to the southernmost point of Radio island, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1982 AACS.

Mich. Admin. Code R 281.711.6 Madron lake; high-speed boating prohibited {#sec-r-281.711.6 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.711.6}

Rule 6. On the waters of Madron lake, sections 8 and 9, T7S, R18W, Buchanan township, Berrien county, it is unlawful to:

(a) Operate a vessel at high speed.

(b) Have in tow, or otherwise assist in the propulsion of, a person on water skis, water sled, kite, surfboard, or other similar contrivance.

Regulation No. 12, Branch county.

History

• History: 1984 AACS.

Mich. Admin. Code R 281.712.1 Channels between Coldwater and Marble lakes; slow--no wake speed {#sec-r-281.712.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.712.1}

Rule 1. On the waters of the channels connecting Coldwater lake to Long lake, Long lake to Mud lake, Mud lake to Bartholemew lake, Bartholemew lake to Middle lake and Middle lake to Marble lake, all located in Branch county, state of Michigan, no operator of any motorboat shall exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.712.2 Channels between Morrison and South lakes; slow--no wake speed {#sec-r-281.712.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.712.2}

Rule 2. On the waters of the channels connecting Morrison lake to Randall lake, Randall lake to North lake, North lake (including Long lake) to South lake, all located in Branch county, state of Michigan, no operator of any motorboat shall exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.712.3 Vincent lake; slow--no wake speed {#sec-r-281.712.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.712.3}

Rule 3. On the waters of Vincent lake, sections 4 and 9, T5S, R6W, Girard township, Branch county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.712.4 Gilead lake; hours for high-speed boating and water skiing {#sec-r-281.712.4 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.712.4}

Rule 4. On the waters of Gilead lake, township of Gilead, county of Branch, state of Michigan, no operator of any motorboat, during the period from 6:30 p.m. to 10:00 a.m. of the following day, shall:

(a) Operate such motorboat at high speed, which means a speed at or above which a motorboat reaches a planing condition, or (b) Have in tow, or otherwise assist in the propulsion of, a person on water skis, water sled, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.712.5 Craig lake, south part, and channel connecting Craig and Morrison lakes; slow--no wake speed {#sec-r-281.712.5 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.712.5}

Rule 5. On the waters of the south part of Craig lake and the channel connecting Craig lake and Morrison lake, section 32, town 5 south, range 6 west, township of Girard, county of Branch, state of Michigan, no operator of any motorboat shall exceed a slow--no wake speed, which means a very slow speed whereby the wake or wash created by the motorboat would be minimal.

History

• History: 1979 AC.

Mich. Admin. Code R 281.712.6 Lake Lavine; high-speed boating and water skiing hours {#sec-r-281.712.6 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.712.6}

Rule 6. On the waters of Lake Lavine, sections 17, 18, 19 and 20, town 8 south, range 6 west, Kinderhook township, Branch county, state of Michigan, no operator of any motorboat, during the period from 6:30 p.m. to 10:00 a.m. of the following day, shall:

(a) Operate such motorboat at high speed, which means a speed at or above which a motorboat reaches a planing condition, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.712.7 Dragon lake; high-speed boating and water skiing prohibited {#sec-r-281.712.7 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.712.7}

Rule 7. On the waters of Dragon lake, sections 5 and 8, town 8 south, range 6 west, Kinderhook township, Branch county, it shall be unlawful to:

(a) Operate a vessel at high speed, which means a speed at or above which a vessel reaches a planing condition, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.712.8 Marble lake, south part; slow--no wake speed {#sec-r-281.712.8 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.712.8}

Rule 8. On the waters of Marble lake lying south of townline 7 south, in Algansee township, Branch county, it is unlawful for an operator of a vessel, when within 200 feet of any shoreline or island, to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.712.9 Lake George; hours for high-speed boating and water skiing {#sec-r-281.712.9 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.712.9}

Rule 9. On the waters of Lake George, sections 16, 21 and 22, town 8 south, range 6 west, Kinderhook township, Branch county, it is unlawful, between the hours of 6:30 p.m. and 10:00 a.m. of the following day, to:

(a) Operate a vessel at high speed, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.712.10 Coldwater river in Girard township; slow--no wake speed {#sec-r-281.712.10 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.712.10}

Rule 10. On the waters of the Coldwater river, sections 29 and 30, town 5 south, range 6 west, Girard township, Branch county, from Craig lake upstream to Hodunk road, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.712.11 Artificial canal connected to Coldwater river in Girard township; slow--no wake speed {#sec-r-281.712.11 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.712.11}

Rule 11. On the waters of the artificial canal connected to the Coldwater river in section 29, town 5 south, range 6 west, Girard township, Branch county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.712.12 Marble lake, part; slow--no wake speed {#sec-r-281.712.12 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.712.12}

Rule 12. On the waters of Marble lake, section 32, town 6 south, range 5 west, Quincy township, Branch county, west of a line drawn from the point where the east line of lot 21, Like-Dee Paradise subdivision, as extended, meets the water's edge and thence northerly to the nearest opposite shore, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.712.13 Coldwater lake; slow--no wake speed zone {#sec-r-281.712.13 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.712.13}

Rule 13. On the waters of Coldwater lake, section 3, T8S, R6W, Kinderhook township, Branch county, west of a line from where the east line of lot 26, Shawnee Shores subdivision no. 1, as extended, intersects the water's edge and thence northerly to the nearest opposite shore, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.712.14 Channels and canals connected to Coldwater lake; slow—no wake speed {#sec-r-281.712.14 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.712.14}

Rule 14. On the waters of the artificial and natural channels and canals connected to Coldwater lake in section 3, T8S, R6W, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.712.15 Coldwater river and connecting waters; slow--no wake speed zone {#sec-r-281.712.15 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.712.15}

Rule 15. On the waters of Coldwater river and the canals and channels connected thereto, from the Central dam upstream to Coldwater lake, section 27, T7S, R6W, Ovid township, Branch county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.712.18 Hog lake (Michiana); slow--no wake speed {#sec-r-281.712.18 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.712.18}

Rule 18. On the waters of Hog lake, also known as Michiana lake, section 24, T8S, R7W, Gilead township, Branch county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.712.19 Coldwater lake; slow--no wake speed zone {#sec-r-281.712.19 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.712.19}

Rule 19. On that part of the waters of Coldwater lake and the channels and canals connected thereto, easterly from a point where Wayne Beach road as extended intersects the water's edge, to the easternmost point of Iyopawa island and thence southeasterly to the nearest point of land, located in sections 35 and 36, T7S, R6W, Ovid township, Branch county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.712.20 Coldwater lake; slow--no wake speed {#sec-r-281.712.20 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.712.20}

Rule 20. On that part of the waters of Coldwater lake, easterly from a point where Wayne Beach road as extended intersects the water's edge, to the easternmost point of Iyopawa island, and thence southeasterly to the nearest point of land, located in sections 1 and 2, T8S, R6W, Kinderhook township, Branch county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.712.21 Coldwater lake; slow--no wake speed zone {#sec-r-281.712.21 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.712.21}

Rule 21. On that part of the waters of Coldwater lake located along and within a distance of 200 feet either side of a line drawn from the southernmost point of Iyopawa island southwesterly to the nearest point of land, located in section 2, T8S, R6W, Kinderhook township, Branch county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

Regulation No. 13, Calhoun county.

History

• History: 1979 AC.

Mich. Admin. Code R 281.713.1 Nottawasseppee lake {#sec-r-281.713.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.713.1}

Rule 1. On the waters of Nottawasseppee lake, Tekonsha township and Fredonia township, county of Calhoun, state of Michigan, no operator of any motorboat shall, during the period from 6:30 p.m. to 10:00 a.m. of the following day:

(a) Operate such motorboat at high speed, or (b) Have in tow or shall otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.713.2 Little Nottawasseppee lake {#sec-r-281.713.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.713.2}

Rule 2. On the waters of Little Nottawasseppee lake, Tekonsha township and Fredonia township, county of Calhoun, state of Michigan, no operator of any motorboat shall:

(a) Operate such motorboat at high speed, or (b) Have in tow or shall otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.713.3 Channel connecting Nottawasseppee lake to Little Nottawasseppee lake {#sec-r-281.713.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.713.3}

Rule 3. On the waters of the channel connecting Nottawasseppee lake to Little Nottawasseppee lake, Tekonsha township and Fredonia township, county of Calhoun, state of Michigan, no operator of any motorboat shall exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.713.4 Clear lake; high-speed boating and water skiing hours {#sec-r-281.713.4 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.713.4}

Rule 4. On the waters of Clear lake, township of Pennfield, county of Calhoun, state of Michigan, no operator of any motorboat, during the period from 6:30 p.m. to 10:00 a.m. of the following day, shall:

(a) Operate such motorboat at high speed, which means a speed at or above which a motorboat reaches a planing condition, or (b) Have in tow or shall otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.713.5 Cobb's channel connected to Goguac lake; slow--no wake speed {#sec-r-281.713.5 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.713.5}

Rule 5. On the waters of Cobb's channel, connected to Goguac lake, section 22, T2S, R8W, Battle Creek township, Calhoun county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.713.6 Welch's channel connected to Goguac lake; slow--no wake speed {#sec-r-281.713.6 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.713.6}

Rule 6. On the waters of Welch's channel, connected to Goguac lake, section 22, T2S, R8W, Battle Creek township, Calhoun county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.713.7 Ackley lake; operation of vessel powered by motor {#sec-r-281.713.7 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.713.7}

Rule 7. On the waters of Ackley lake, sections 2, 3, 10, and 11, T1S, R6W, Convis township, Calhoun county, it is unlawful to operate a vessel powered by a motor except an electric motor.

History

• History: 1979 AC.

Mich. Admin. Code R 281.713.8 Goguac lake; speed restriction {#sec-r-281.713.8 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.713.8}

Rule 8. On the waters of Goguac lake, city of Battle Creek, Calhoun county, it is unlawful, at any time, to operate a vessel in excess of 40 miles per hour (64 kilometers per hour).

Regulation No. 14, Cass county.

History

• History: 1984 AACS.

Mich. Admin. Code R 281.714.1 Driskels lake; slow--no wake speed {#sec-r-281.714.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.714.1}

Rule 1. On the waters of Driskels lake, sections 34 and 35, town 6 south, range 13 west, Newberg township, Cass county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.714.2 Christiann creek; slow--no wake speed {#sec-r-281.714.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.714.2}

Rule 2. On the waters of Christiann creek, sections 1 and 12, town 8 south, range 15 west, township of Ontwa, county of Cass, state of Michigan, from the outlet of Christianna lake downstream to the dam on section 12, town 8 south, range 15 west, no operator of any motorboat shall exceed a slow--no wake speed, which means a speed whereby the wake or wash created by the motorboat would be minimal.

History

• History: 1979 AC.

Mich. Admin. Code R 281.714.3 Christianna lake channels and canals; slow--no wake speed {#sec-r-281.714.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.714.3}

Rule 3. On all artificial or natural channels and canals connected to Christianna lake, sections 1 and 12, town 8 south, range 15 west, township of Ontwa, county of Cass, state of Michigan, no operator of any motorboat shall exceed a slow--no wake speed, which means a speed whereby the wake or wash created by the motorboat would be minimal.

History

• History: 1979 AC.

Mich. Admin. Code R 281.714.4 Eagle lake channels and canals; slow--no wake speed {#sec-r-281.714.4 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.714.4}

Rule 4. On all artificial or natural channels and canals connected to Eagle lake, sections 2 and 3, town 8 south, range 15 west, township of Ontwa, county of Cass, state of Michigan, no operator of any motorboat shall exceed a slow--no wake speed, which means a speed whereby the wake or wash created by the motorboat would be minimal.

History

• History: 1979 AC.

Mich. Admin. Code R 281.714.5 Coverdale lake; high-speed boating and water skiing prohibited {#sec-r-281.714.5 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.714.5}

Rule 5. On the waters of Coverdale lake, sections 15, 16, 21 and 22, town 8 south, range 13 west, Porter township, Cass county, it shall be unlawful to:

(a) Operate a vessel at high speed, which means a speed at or above which a vessel reaches a planing condition, or (b) Have in tow or shall otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.714.6 Painter lake; hours for high-speed boating and water skiing {#sec-r-281.714.6 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.714.6}

Rule 6. On the waters of Painter lake, section 36, town 7 south, range 15 west, and section 31, town 7 south, range 14 west, Jefferson and Calvin townships, Cass county, it is unlawful, between the hours of 6:30 p.m. and 10:00 a.m. of the following day, to:

(a) Operate a vessel at high speed, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.714.7 Channel connecting Painter and Juno lakes; slow--no wake speed {#sec-r-281.714.7 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.714.7}

Rule 7. On the waters of the channel connecting Painter and Juno lakes, section 31, town 7 south, range 14 west, Calvin township, Cass county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.714.8 Canals connected to Juno lake; slow--no wake speed {#sec-r-281.714.8 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.714.8}

Rule 8. On the waters of the canals connected to Juno lake, section 6, town 8 south, range 14 west, Mason township, Cass county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.714.9 Lewis lake; high-speed boating and water skiing prohibited {#sec-r-281.714.9 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.714.9}

Rule 9. On the waters of Lewis lake, sections 13 and 24, town 5 south, range 13 west, Marcellus township, Cass county, it is unlawful to:

(a) Operate a vessel at high speed, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance. (See R 281.775.2 for that part of Lewis lake which lies in St. Joseph county.)

History

• History: 1979 AC.

Mich. Admin. Code R 281.714.10 Bair lake; hours for high-speed boating and water skiing {#sec-r-281.714.10 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.714.10}

Rule 10. On the waters of Bair lake, section 34, town 6 south, range 13 west; sections 2 and 3, town 7 south, range 13 west, Porter and Newberg townships, Cass county, it is unlawful, between the hours of 6:30 p.m. and 10:00 a.m. of the following day, to:

(a) Operate a vessel at high speed, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.714.11 Harwood lake; hours for high-speed boating and water skiing {#sec-r-281.714.11 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.714.11}

Rule 11. On the waters of Harwood lake, section 24, town 6 south, range 13 west, Newberg township, Cass county, it is unlawful, between the hours of 6:30 p.m. and 10:00 a.m. of the following day, to:

(a) Operate a vessel at high speed, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, kite, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.714.12 Little Fish lake; hours for high-speed boating and water skiing {#sec-r-281.714.12 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.714.12}

Rule 12. On the waters of Little Fish lake, section 2, town 6 south, range 14 west, Penn township and section 35, town 5 south, range 14 west, Volinia township, Cass county, it is unlawful, between the hours of 6:30 p.m. and 10:00 a.m. of the following day, to:

(a) Operate a vessel at high speed, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, kite, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.714.13 Finch lake; hours for high-speed boating and water skiing {#sec-r-281.714.13 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.714.13}

Rule 13. On the waters of Finch lake, section 7, T5S, R13W, Marcellus township and section 12, T5S, R14W, Volinia township, Cass county, it is unlawful, between the hours of 6:30 p.m. and 10:00 a.m. the following day, to:

(a) Operate a vessel at high speed, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, kite, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.714.14 Dewey lake; hours for high-speed boating and water skiing {#sec-r-281.714.14 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.714.14}

Rule 14. On the waters of Dewey lake, sections 4, 5, 8 and 9, T5S, R16W, Silver Creek township, Cass county, it is unlawful, between the hours of 6:30 p.m. and 10:00 a.m. of the following day, to:

(a) Operate a vessel at high speed, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, kite, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.714.15 Canal connected to Dewey lake; slow--no wake speed {#sec-r-281.714.15 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.714.15}

Rule 15. On the waters of the canal connected to Dewey lake, sections 8 and 9, T5S, R16W, Silver Creek township, Cass county, west of a line beginning where the east line of lot 22, Sandy Beach Estates subdivision, as extended, intersects the water's edge and thence northwesterly to the nearest opposite shore, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.714.16 Cable lake; motorboats prohibited {#sec-r-281.714.16 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.714.16}

Rule 16. On the waters of Cable lake, section 5, T5S, R16W, Silver Creek township, Cass county, it is unlawful to operate a motorboat.

History

• History: 1979 AC.

Mich. Admin. Code R 281.714.17 Priest lake; high-speed boating and water skiing prohibited {#sec-r-281.714.17 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.714.17}

Rule 17. On the waters of Priest lake, sections 11 and 14, T5S, R16W, Silver Creek township, Cass county, it is unlawful to:

(a) Operate a vessel at high speed.

(b) Have in tow, or otherwise assist in the propulsion of, a person on water skis.

History

• History: 1984 AACS.

Mich. Admin. Code R 281.714.18 Mill pond; slow--no wake speed {#sec-r-281.714.18 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.714.18}

Rule 18. On the waters of the Mill pond, sections 32 and 33, T5S, R15W, Wayne township and the city of Dowagiac, Cass county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.714.19 Twin lakes; hours for high-speed boating and water skiing {#sec-r-281.714.19 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.714.19}

Rule 19. On the waters of Twin lakes, sections 15 and 16, T5S, R15W, Wayne township, Cass county, an operator of a motorboat, between the hours of 6:30 p.m. and 10:00 a.m. of the following day, shall not:

(a) Operate the motorboat at high speed.

(b) Have in tow, or otherwise assist in the propulsion of, a person on water skis, water sled, kite, surfboard, or other similar contrivance.

Regulation No. 15, Charlevoix county.

History

• History: 1979 AC.

Mich. Admin. Code R 281.715.1 Jordan river; motorboats prohibited {#sec-r-281.715.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.715.1}

Rule 1. On the waters of the Jordan river in Charlevoix county, upstream from the M- 32 highway bridge in section 23, town 32 north, range 7 west, South Arm township, a person shall not operate a motorboat, which means a vessel propelled by machinery.

History

• History: 1979 AC.

Mich. Admin. Code R 281.715.2 Lake Charlevoix narrows; slow--no wake speed {#sec-r-281.715.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.715.2}

Rule 2. On the waters of Lake Charlevoix narrows, sections 16, 17, 20, 21, 27, and 28, town 33 north, range 7 west, Eveline township, Charlevoix county, it is unlawful for:

(a) The operator of a vessel less than 26 feet in length to exceed a slow--no wake speed when within 500 feet of any shore, dock or pierhead.

(b) The operator of a vessel 26 feet or more in length to exceed a slow--no wake speed when within 1,000 feet of any shore, dock or pierhead.

Regulation No. 16, Cheboygan county.

History

• History: 1979 AC.

Mich. Admin. Code R 281.716.1 Silver lake {#sec-r-281.716.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.716.1}

Rule 1. On the waters of Silver lake, Wilmont township, county of Cheboygan, state of Michigan, no operator of any motorboat shall have in tow or shall otherwise be assisting in the propulsion of a person on water skis, water sleds, surfboard or other similar contrivance during the period from 6:30 p.m. to 10:00 a.m. of the following day.

History

• History: 1979 AC.

Mich. Admin. Code R 281.716.2 Indian river and connected channels and canals; slow—no wake speed and high-speed boating prohibited {#sec-r-281.716.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.716.2}

Rule 2. On the waters of the Indian river and connected natural and artificial channels and canals, section 8, town 35 north, range 2 west, Koehler township; sections 5, 7, 18 and 19, town 35 north, range 2 west, and section 24, town 35 north, range 3 west, Tuscarora township, Cheboygan county:

(a) Between daybeacons 25 and 40 and between daybeacons 57 and 63, an operator of a vessel shall not:

(i) Operate such vessel at high speed, which means a speed at or above which a vessel reaches a planing condition, or (ii) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance.

(b) Between daybeacons 40 and 57 and between daybeacons 63 and 69, an operator of a vessel shall not exceed a slow--no wake speed, which means a very slow speed whereby the wake or wash created by the vessel would be minimal.

History

• History: 1979 AC.

Mich. Admin. Code R 281.716.3 Cheboygan river; slow--no wake speed {#sec-r-281.716.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.716.3}

Rule 3. On the waters of the Cheboygan river, town 37 north, range 1 west and town 38 north, range 1 west, city of Cheboygan, Benton and Inverness townships, Cheboygan county, from outermost end of the west pierhead upstream to Mullet lake, it shall be unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.716.4 Black river from Meyers creek to Black lake; slow--no wake speed {#sec-r-281.716.4 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.716.4}

Rule 4. On the waters of the Black river, town 36 north, range 1 east, Grant township; town 36 north, range 1 east, Aloha township; and town 37 north, range 1 west, Benton township, Cheboygan county, from the mouth of Meyers creek upstream to Black lake, it shall be unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.716.5 Cornwall creek flooding; operation of vessel powered by motor {#sec-r-281.716.5 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.716.5}

Rule 5. On the waters of the Cornwall creek flooding, sections 22, 26, and 27, T33N, R1W, Nunda township, Cheboygan county, it is unlawful to operate a vessel powered by a motor except an electric motor.

History

• History: 1979 AC.

Mich. Admin. Code R 281.716.6 Dog lake flooding; operation of vessel powered by motor {#sec-r-281.716.6 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.716.6}

Rule 6. On the waters of the Dog lake flooding, sections 1, 2, 3, and 11, T33N, R1W, Nunda township, and sections 34 and 35, T34N, R1W, Walker township, Cheboygan county, it is unlawful to operate a vessel powered by a motor except an electric motor.

History

• History: 1979 AC.

Mich. Admin. Code R 281.716.7 Twin lakes; high-speed boating and water skiing prohibited {#sec-r-281.716.7 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.716.7}

Rule 7. On the waters of Twin lakes, sections 2, 3, 34, and 35, T36N, R1E, Grant township, Cheyboygan county, it is unlawful for the operator of a vessel to:

(a) Operate a vessel at high speed.

(b) Have in tow, or otherwise assist in the propulsion of, a person on water skis, a water sled, kite, surfboard, or other similar contrivance.

Regulation No. 17, Chippewa county.

History

• History: 1980 AACS.

Mich. Admin. Code R 281.717.8 Kinross lake; slow--no wake speed {#sec-r-281.717.8 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.717.8}

Rule 8. On the waters of Kinross lake, section 25, town 45 north, range 2 west, Kinross township, Chippewa county, it is unlawful for the operator of a vessel to exceed a slow-no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.717.9 Waiska river; slow--no wake speed {#sec-r-281.717.9 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.717.9}

Rule 9. On that portion of the Waiska river located in sections 2, 4, 5, 9, 10, and 11, T46N, R2W, Superior township, Chippewa county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1980 AACS.

Mich. Admin. Code R 281.717.10 Munuscong river; slow--no wake speed {#sec-r-281.717.10 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.717.10}

Rule 10. On the waters of the Munuscong river, located within sections 13, 14, and 15, T44N, R1E, Pickford township, Chippewa county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

Regulation No. 18, Clare county.

History

• History: 1984 AACS.

Mich. Admin. Code R 281.718.1 Budd and Little Long lakes {#sec-r-281.718.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.718.1}

Rule 1. On the waters of Budd lake and Little Long lake, city of Harrison and township of Hayes, Clare county, state of Michigan, no operator of any motorboat shall, during the period from 6:30 p.m. to 10:00 a.m. of the following day:

(a) Operate such motorboat at high speed.

(b) Have in tow or shall otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.718.2 Long lake {#sec-r-281.718.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.718.2}

Rule 2. On the waters of Long lake, Frost township, county of Clare, state of Michigan, no operator of any motorboat shall, during the period from 6:30 p.m. to 10:00 a.m. of the following day:

(a) Operate such motorboat at high speed.

(b) Have in tow or shall otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.718.3 Blue Gill lake {#sec-r-281.718.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.718.3}

Rule 3. On the waters of Blue Gill lake, Frost township, county of Clare, state of Michigan, no operator of any motorboat shall:

(a) Operate such motorboat at high speed.

(b) Have in tow or shall otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.718.4 Silver lake; hours for high-speed boating and water skiing {#sec-r-281.718.4 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.718.4}

Rule 4. On the waters of Silver lake, section 30, town 18 north, range 5 west, township of Lincoln, county of Clare, state of Michigan, no operator of any motorboat, during the period from 6:30 p.m. to 10:00 a.m. of the following day, shall:

(a) Operate such motorboat at high speed, which means a speed at or above which a motorboat reaches a planing condition, or (b) Have in tow or shall otherwise assist in the propulsion of a person on water skis, water sled, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.718.5 Shamrock lake and Tobacco river; high-speed boating and water skiing prohibited {#sec-r-281.718.5 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.718.5}

Rule 5. On the waters of Shamrock lake and the Tobacco river, sections 26 and 35, town 17 north, range 4 west, city of Clare, county of Clare, state of Michigan, no operator of any motorboat shall:

(a) Operate such motorboat at high speed, which means a speed at or above which a motorboat reaches a planing condition, or (b) Have in tow or shall otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.718.6 Bertha lake; slow--no wake speed {#sec-r-281.718.6 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.718.6}

Rule 6. On the waters of Bertha lake, sections 22 and 23, town 18 north, range 5 west, Lincoln township, Clare county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.718.7 Lake George; high-speed boating and water skiing hours {#sec-r-281.718.7 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.718.7}

Rule 7. On the waters of Lake George, sections 8, 16, 17 and 21, town 18 north, range 5 west, Lincoln township, Clare county, it shall be unlawful for the operator of a vessel, between the hours of 6:30 p.m. and 10:00 a.m. of the following day, to:

(a) Operate the vessel at high speed, which means a speed at or above which a vessel reaches a planing condition, or (b) Have in tow or shall otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.718.8 Five lakes; hours for high-speed boating and water skiing {#sec-r-281.718.8 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.718.8}

Rule 8. On the waters of Five lakes, sections 8, 9, and 16, T17N, R4W, Grant township, Clare county, it is unlawful, between the hours of 6:30 p.m. and 10:00 a.m. of the following day, to:

(a) Operate a vessel at high speed, or (b) Have in tow or shall otherwise assist in the propulsion of a person on water skis, water sled, kite, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.718.9 Townline lake; channels and canals; slow--no wake speed {#sec-r-281.718.9 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.718.9}

Rule 9. On the waters of the canals and channels connected to Townline lake, section 19, T19N, R3W, Hamilton township, and section 24, T19N, R4W, Hayes township, Clare county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.718.10 Sand, Boathouse, Icehouse, and Haven lakes; channels and canals; slow--no wake speed {#sec-r-281.718.10 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.718.10}

Rule 10. On the waters of the canals and channels connected to Sand, Boathouse, Icehouse, and Haven lakes, section 19, T19N, R3W, Hamilton township, Clare county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.718.11 Arnold lake; hours for high-speed boating and water skiing; slow--no wake speed zone {#sec-r-281.718.11 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.718.11}

Rule 11. (1) On the waters of Arnold lake, section 2, T19N, R4W, Hayes township, Clare county, it is unlawful, between the hours of 6:30 p.m. and 10:00 a.m. of the following day, to:

(a) Operate a vessel at high speed.

(b) Have in tow, or otherwise assist in the propulsion of, a person on water skis, a water sled, kite, surfboard, or other similar contrivance.

(2) On the waters of the canals and channels connected to Arnold lake, section 2, T19N, R4W, Hayes township, Clare county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.718.12 Cranberry lake; hours for high-speed boating and water skiing; slow--no wake speed zone {#sec-r-281.718.12 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.718.12}

Rule 12. (1) On the waters of Cranberry lake, sections 1 and 12, T19N, R4W, Hayes township, Clare county, it is unlawful, between the hours of 6:30 p.m. and 10:00 a.m. of the following day, to:

(a) Operate a vessel at high speed.

(b) Have in tow, or otherwise assist in the propulsion of, a person on water skis, a water sled, kite, surfboard, or other similar contrivance.

(2) On the waters of the canals and channels connected to Cranberry lake, sections 1 and 12, T19N, R4W, Hayes township, Clare county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.718.13 Surrey lake; hours for high-speed boating and water skiing {#sec-r-281.718.13 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.718.13}

Rule 13. On the waters of Surrey Lake, sections 21 and 22, T17N, R5W, Surrey township, Clare county, it is unlawful, between the hours of 6:30 p.m. and 10 a.m. of the following day, to:

(a) Operate a vessel at high speed.

(b) Have in tow, or otherwise assist in the propulsion of, a person on water skis, a water sled, kite, surfboard, or other similar contrivance.

Regulation No. 19, Clinton county.

History

• History: 1982 AACS.

Mich. Admin. Code R 281.719.1 Rescinded {#sec-r-281.719.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.719.1}

Regulation No. 20, Crawford county.

History

• History: 1979 AC; 1992 AACS.

Mich. Admin. Code R 281.720.1 Lake Margrethe, channel in Harbor Beach subdivision; speed restriction {#sec-r-281.720.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.720.1}

Rule 1. On the waters of the channel located at the northwest corner of Lake Margrethe in Harbor Beach subdivision, section 8, town 26 north, range 4 west, locally known as "Northwest Passage," township of Grayling, county of Crawford, state of Michigan, no operator of any motorboat shall exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.720.7 Shupac lake; high-speed boating and water skiing prohibited {#sec-r-281.720.7 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.720.7}

Rule 7. On the waters of Shupac lake, sections 7 and 18, town 28 north, range 1 west, Lovells township, Crawford county, it is unlawful to:

(a) Operate a vessel at high speed, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance.

Editor's Note: An obvious error in R 281.720.7 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Annual Code,1979. The memorandum requesting the correction was published in Michigan Register, 2014 MR 18.

History

• History: 1979 AC.

Mich. Admin. Code R 281.720.8 Bradford lake; hours for high-speed boating and water skiing {#sec-r-281.720.8 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.720.8}

Rule 8. On the waters of Bradford lake, section 6, town 28 north, range 3 west, Maple Forest township, Crawford county, it is unlawful, between the hours of 6:30 p.m. and 10:00 a.m. of the following day, to:

(a) Operate a vessel at high speed, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance. (See R 281.769.2 for that part of Bradford lake which lies in Otsego county.)

History

• History: 1979 AC.

Mich. Admin. Code R 281.720.9 Section One lake; water skiing and high-speed boating prohibited {#sec-r-281.720.9 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.720.9}

Rule 9. On the waters of Section One lake, section 1, town 28 north, range 3 west, Maple Forest township, Crawford county, it is unlawful to:

(a) Operate a vessel at high speed, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance. (See R 281.769.9 for the regulation covering that part of Section One lake that lies in Otsego county.)

History

• History: 1979 AC.

Mich. Admin. Code R 281.720.10 Bluegill lake; slow--no wake speed {#sec-r-281.720.10 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.720.10}

Rule 10. On the waters of Bluegill lake, sections 5 and 6, T28N, R3W, Maple Forest township, Crawford county, it is unlawful for the operator of a vessel to exceed a slow-no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.720.11 Horseshoe lake; slow--no wake speed {#sec-r-281.720.11 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.720.11}

Rule 11. On the waters of Horseshoe lake, sections 5 and 6, T28N, R3W, Maple Forest township, Crawford county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.720.12 Big K.P. lake; operation of a vessel powered by motor {#sec-r-281.720.12 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.720.12}

Rule 12. On the waters of Big K.P. lake, sections 27, 28, and 33, Lovells township, Crawford county, it is unlawful to operate a vessel powered by a motor other than an electric motor.

Regulation No. 21, Delta county.

History

• History: 1985 AACS.

Mich. Admin. Code R 281.721.1 Camp 7 lake; hours for high-speed boating and water skiing {#sec-r-281.721.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.721.1}

Rule 1. On the waters of Camp 7 lake, township of Garden, county of Delta, state of Michigan, no operator of any motorboat, during the period from 6:30 p.m. to 10:00 a.m. of the following day, shall:

(a) Operate such motorboat at high speed, which means a speed at or above which a motorboat reaches a planing condition, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.721.2 Ford river and Green bay adjacent to its mouth; slow—no wake speed {#sec-r-281.721.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.721.2}

Rule 2. On the waters of the Ford river, sections 15, 16 and 21, town 38 north, range 23 west, Ford River township, Delta county, from the west line of the southeast 1/4 of the northwest 1/4, section 15, town 38 north, range 23 west, downstream and 300 feet in any direction from the mouth of the river in Green bay, an operator of a vessel shall not exceed a slow--no wake speed, which means a very slow speed whereby the wake or wash created by the vessel would be minimal.

Regulation No. 22, Dickinson county.

History

• History: 1979 AC.

Mich. Admin. Code R 281.722.1 Rescinded {#sec-r-281.722.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.722.1}

Regulation No. 23, Eaton county.

History

• History: 1979 AC; 1992 AACS.

Mich. Admin. Code R 281.723.1 Narrow lake, part; slow--no wake speed zone {#sec-r-281.723.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.723.1}

Rule 1. On the waters of Narrow lake, sections 27, 28, 33 and 34, town 1 north, range 4 west, Brookfield township, Eaton county, south of the south line common to the north 1/2 of the northeast 1/4 of the northeast 1/4, section 33, and the north 1/2 of the northwest 1/4 of the northwest 1/4 of section 34, town 1 north, range 4 west, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

Regulation No. 24, Emmet county.

History

• History: 1979 AC.

Mich. Admin. Code R 281.724.1 Little Traverse bay; slow--no wake speed {#sec-r-281.724.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.724.1}

Rule 1. On the waters of Little Traverse bay, adjacent to Little Traverse township, West Traverse township and city of Harbor Springs, Emmet county, within a line from the easternmost point of land in section 24, T35N, R6W, to where Zole street, as extended, intersects the water's edge, it is unlawful for:

(a) The operator of a vessel 26 feet or more in length to exceed a slow--no wake speed.

(b) The operator of a vessel less than 26 feet in length to exceed a slow--no wake speed in either of the following situations:

(i) When within a line from where Judd street as extended meets the water's edge to where Glen drive as extended meets the water's edge adjacent to the city of Harbor Springs.

(ii) When within 200 feet of any shore, dock, pierhead or the outer limits of a designated anchorage.

History

• History: 1979 AC.

Mich. Admin. Code R 281.724.2 Crooked river; slow--no wake speed {#sec-r-281.724.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.724.2}

Rule 2. On the waters of that portion of the Crooked river located in the NW 1/4 of section 36, and the SE 1/4 of the NE 1/4 of section 35, T36N, R4W, Maple River township, Emmet county, it is unlawful for the operator of a vessel to exceed a slow- -no wake speed, which means a very slow speed whereby the wake or wash created by the vessel would be minimal.

History

• History: 1979 AC.

Mich. Admin. Code R 281.724.3 Crooked river; slow--no wake speed {#sec-r-281.724.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.724.3}

Rule 3. On that portion of the Crooked river, located within the village limits of Alanson, Littlefield township, Emmet county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

Regulation No. 25, Genesee county.

History

• History: 1985 AACS.

Mich. Admin. Code R 281.725.1 Crooked lake; high-speed boating and water skiing prohibited {#sec-r-281.725.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.725.1}

Rule 1. On the waters of Crooked lake, township of Fenton, county of Genesee, state of Michigan, no operator of any motorboat shall:

(a) Operate such motorboat at high speed, which means a speed at or above which a motorboat reaches a planing condition, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.725.2 Barnum lake; speed restriction {#sec-r-281.725.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.725.2}

Rule 2. On the waters of Barnum lake, township of Fenton, county of Genesee, state of Michigan, no operator of any motorboat shall exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.725.3 Pine lake; high-speed boating and water skiing prohibited {#sec-r-281.725.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.725.3}

Rule 3. On the waters of Pine lake, sections 28, 29, 32 and 33, town 5 north, range 6 east, township of Fenton, county of Genesee, state of Michigan, no operator of any motorboat shall:

(a) Operate such motorboat at high speed, which means a speed at or above which a motorboat reaches a planing condition, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.725.4 Marl lake, part; slow--no wake speed zone {#sec-r-281.725.4 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.725.4}

Rule 4. On the waters of Marl lake, sections 32 and 33, town 5 north, range 6 east, Fenton township, Genesee county, from the bridge at Owen road, southerly for a distance of 1,600 feet, it is unlawful for the operator of a vessel to exceed a slow-no wake speed. (See R 281.747.9 for that part of Marl lake which lies in Livingston county.)

History

• History: 1979 AC.

Mich. Admin. Code R 281.725.5 McCaslin lake; motorboats prohibited {#sec-r-281.725.5 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.725.5}

Rule 5. On the waters of McCaslin lake, sections 22 and 27, town 5 north, range 5 east, Argentine township, Genesee county, it is unlawful to operate a motorboat.

History

• History: 1979 AC.

Mich. Admin. Code R 281.725.6 C.S. Mott lake and Flint river; swimming, flotation devices, and motorboats, when prohibited {#sec-r-281.725.6 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.725.6}

Rule 6. On the waters of C.S. Mott lake and Flint river, town 8 north, range 7 east and town 8 north, range 8 east, Genesee and Richfield townships, Genesee county, from the dam on section 21, town 8 north, range 7 east to the dam on sections 2 and 11, town 8 north, range 8 east, it is unlawful to:

(a) Operate an airboat.

(b) Use a pneumatic or inflatable raft or flotation vessel or device in any area restricted to swimming, bathing or wading.

(c) Use a single-celled pneumatic or inflatable raft, flotation vessel or device anywhere.

History

• History: 1979 AC.

Mich. Admin. Code R 281.725.7 C.S. Mott lake; slow--no wake speed {#sec-r-281.725.7 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.725.7}

Rule 7. On the waters of C.S. Mott lake, sections 10 to 13, 15, 16 and 21, town 8 north, range 7 east, Genesee township, Genesee county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed or tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance, except that an authorized law enforcement officer acting in his official capacity may exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.725.8 Flint river; motorboats prohibited {#sec-r-281.725.8 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.725.8}

Rule 8. On the waters of the Flint river, from a point beginning 1,000 feet west of the east line of sections 12 and 13, town 8 north, range 7 east, Genesee township, Genesee county, and upstream to Holloway dam, sections 2 and 11, town 8 north, range 8 east, Richfield township, Genesee county, it is unlawful to operate a motorboat, except for an authorized law enforcement officer acting in his official capacity.

History

• History: 1979 AC.

Mich. Admin. Code R 281.725.9 Shiawassee river; slow--no wake speed zone {#sec-r-281.725.9 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.725.9}

Rule 9. On the waters of the Shiawassee river, section 20, T5N, R6E, village of Linden, Genesee county, it is unlawful, between Linden road and Ripley road, for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.725.10 Otter lake; hours for high-speed boating and water skiing {#sec-r-281.725.10 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.725.10}

Rule 10. On the waters of Otter lake, section 1, T9N, R8E, Forest township, Genesee county, it is unlawful between the hours of 6:30 p.m. and 10:00 a.m. of the following day to:

(a) Operate a vessel at high speed, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, kite, surfboard, or other similar contrivance.(For regulation covering that part of Otter lake which lies in Lapeer county, see R 281.744.5.)

History

• History: 1979 AC.

Mich. Admin. Code R 281.725.11 Silver lake; slow--no wake speed zone {#sec-r-281.725.11 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.725.11}

Rule 11. On that portion of Silver lake, township of Fenton, county of Genesee, including all canals and channels, located in the south 1/2 of the south 1/2 of the northwest 1/4 and the southwest 1/4 of the northeast 1/4 of section 33, T5N, R6E, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.725.12 Dollar lake; slow--no wake speed {#sec-r-281.725.12 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.725.12}

Rule 12. On the waters of Dollar (Hibbard) lake and the connected canals and channels, sections 11 and 12, T5N, R6E, Fenton township, Genesee county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.725.13 Lake Ponemah channels and canals; slow--no wake speed {#sec-r-281.725.13 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.725.13}

Rule 13. On the waters of the canals and channels connected to Lake Ponemah, including the channel connecting Lake Ponemah to Squaw lake, sections 15, 21, 22, 27, and 28, T5N, R6E, Fenton township, Genesee county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.725.14 Lake Fenton; slow--no wake speed zone {#sec-r-281.725.14 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.725.14}

Rule 14. Within, and for a distance of 200 feet either side of, the following described waters of Lake Fenton and the canals and channels connected thereto, it is unlawful for the operator of a vessel to exceed a slow--no wake speed; southerly from a line drawn from a point where Enid street, as extended, intersects the water's edge; thence northeasterly to the nearest opposite shore; thence northerly from a point where Haddon street, as extended, intersects the water's edge; thence easterly to the nearest opposite shore, section 13, T5N, R6E, Fenton township, Genesee county.

History

• History: 1979 AC.

Mich. Admin. Code R 281.725.15 Lake Fenton; speed restriction {#sec-r-281.725.15 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.725.15}

Rule 15. On the waters of Lake Fenton, sections 2, 11, 13, 14, and 23, T5N, R6E, Fenton township and the city of Fenton, Genesee county, except those portions already regulated by a slow--no wake rule, it is unlawful, at any time, to operate a vessel in excess of 45 miles per hour (72 kilometers per hour).

History

• History: 1985 AACS.

Mich. Admin. Code R 281.725.16 Softwater lake; operation of a vessel powered by motor {#sec-r-281.725.16 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.725.16}

Rule 16. On the waters of Softwater lake, section 35, T5N, R5E, Argentine township, Genesee county, it is unlawful to operate a vessel powered by a motor other than an electric motor.

Regulation No. 26, Gladwin county.

History

• History: 1985 AACS.

Mich. Admin. Code R 281.726.1 Lake Lancelot; slow--no wake speed zone {#sec-r-281.726.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.726.1}

Rule 1. On the waters of Lake Lancelot and the canals and channels connected thereto, sections 16, 17, and 20, T20N, R1W, Butman township, Gladwin county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed when within 100 feet of any shore, dock, raft, buoyed or occupied bathing area, or vessel moored or at anchor, except when water skiers are being picked up or dropped off if that operation is otherwise conducted with due regard to the safety of persons and property and in accordance with the laws of this state.

History

• History: 1979 AC.

Mich. Admin. Code R 281.726.2 Wiggins lake, Grout, and Sage townships; hours for high-speed boating and water skiing {#sec-r-281.726.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.726.2}

Rule 2. On the waters of Wiggins lake, T18&19N, R2W, Grout and Sage townships, Gladwin county, it is unlawful between the hours of 6:30 p.m. and 10:00 a.m. of the following day, to:

(a) Operate a vessel at high speed, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, kite, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.726.3 Wiggins lake; slow--no wake speed zone {#sec-r-281.726.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.726.3}

Rule 3. On the waters of Wiggins lake, sections 27 and 34, T19N, R2W, Sage township, Gladwin county, from Chappel dam to a line from where the west line of lot 20, Level Landing Resort subdivision as extended intersects the water's edge, thence northerly to where the west line of lot 80, Pebble Beach subdivision as extended intersects the water's edge, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

Regulation No. 27, Gogebic county.

History

• History: 1979 AC.

Mich. Admin. Code R 281.727.1 Imp lake {#sec-r-281.727.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.727.1}

Rule 1. On the waters of Imp lake, township of Watersmeet, county of Gogebic, state of Michigan, no operator of any motorboat shall:

(a) Operate such motorboat at high speed, which means a speed at or above which a motorboat reaches a planing condition, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.727.2 Sylvania recreation area lakes; motorboats prohibited {#sec-r-281.727.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.727.2}

Rule 2. On the waters of the following lakes in the Sylvania recreation area, town 44 north, range 39 west; town 44 north, range 40 west; and town 44 north, range 41 west, township of Watersmeet, county of Gogebic, state of Michigan: Banks lake, Clark lake, Corey lake, Cub lake, Daisy lake, Deer Island lake, Dorothy lake, Dream lake, East Bear lake, Elsie lake, Fisher lake, Florence lake, Germain lake, Glimmerglass lake, Golden Silence lake, Hay lake, Helen lake, High lake, Honey lake, Jay lake, Johnston Springs lake, Katherine lake, Kerr lake, Lilius lake, Lois lake, Loon lake, Louise lake, Marsh lake, Moss lake, Mountain lake, Snap Jack lake, Trapper lake, West Bear lake, and Whitefish lake, and those other unnamed lakes located in town 44 north, range 40 west; sections 13 and 24, town 44 north, range 41 west, and those parts of sections 6, 7, 18, 19, and 30, town 44 north, range 39 west, lying west of United States forest road no. 112, no person shall operate any vessel propelled by machinery.

Regulation No. 28, Grand Traverse county.

History

• History: 1979 AC.

Mich. Admin. Code R 281.728.1 Rescinded {#sec-r-281.728.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.728.1}

History

• History: 1979 AC.

Mich. Admin. Code R 281.728.2 Arbutus lakes numbers 2, 3, and 4 (central basins); High, Island, Rennie, and Spider lakes; evening and night operations {#sec-r-281.728.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.728.2}

Rule 2. On the waters of Arbutus lakes numbers 2, 3, and 4 (central basins), High lake, Island lake, Rennie lake and Spider lake, Grand Traverse county, no operator of any motorboat, during the period from 6:30 p.m. to 10:00 a.m. of the following day, shall:

(a) Operate such motorboat at high speed, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.728.3 Ellis lake, Arbutus lakes numbers 1 and 5, channels; high-speed boating and water skiing prohibited {#sec-r-281.728.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.728.3}

Rule 3. On the waters of Ellis lake and on the waters of Arbutus lake number 1 (southernmost basin) to and including the northernmost portion of the channel connecting Arbutus lake number 1 and Arbutus lake number 2, and on the waters of Arbutus lake number 5 (northernmost basin) to and including the southernmost portion of the channel connecting Arbutus lake number 5 and Arbutus lake number 4, no operator of any motorboat shall:

(a) Operate such motorboat at high speed, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.728.4 Channels separating Arbutus lakes numbers 1 and 2 and Arbutus lakes numbers 5 and 4; slow--no wake speed {#sec-r-281.728.4 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.728.4}

Rule 4. In the defined channels separating Arbutus lakes numbers 1 and 2 and Arbutus lakes numbers 5 and 4 no operator of any vessel shall exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.728.5 Spider lake, southwest part; slow--no wake speed {#sec-r-281.728.5 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.728.5}

Rule 5. On the waters of that part of Spider lake lying southwest of a line drawn from a point where the north section line of section 10, town 26 north, range 10 west, intersects the water's edge on the northwest shore, thence 127o true to where such line intersects the water's edge on the southeast shore of said lake, no operator of any motorboat shall exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.728.6 Spider lake, a northwest part; slow--no wake speed {#sec-r-281.728.6 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.728.6}

Rule 6. On the waters of that part of Spider lake in the northwest 1/4 of the northwest 1/4 of section 2, town 26 north, range 10 west, lying between the west section line and a north-south line 430 feet east of said west section line, no operator of any motorboat shall exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.728.7 Spider lake, southeast part; high-speed boating and water skiing prohibited {#sec-r-281.728.7 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.728.7}

Rule 7. On the waters of that part of Spider lake which lie east of a line bearing 180o true from a point of beginning which is described as the westernmost point of land which is 079o true from the point on the western shore of Spider lake where the north section line of section 10, town 26 north, range 10 west, meets the water's edge, no operator of any motorboat shall:

(a) Operate such motorboat at high speed, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.728.8 Ruth lake; slow--no wake speed {#sec-r-281.728.8 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.728.8}

Rule 8. On the waters of Ruth lake, section 33, T27N, R12W, Long Lake township, Grand Traverse county, it is unlawful for the operator of a vessel to exceed a slow-no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.728.9 Bellew lake; slow--no wake speed {#sec-r-281.728.9 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.728.9}

Rule 9. On the waters of Bellew lake, sections 19 and 30, T27N, R12W, Long Lake township, Grand Traverse county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed. (See R 281.710.7 covering that portion of Bellew lake which lies in Benzie county.)

History

• History: 1980 AACS.

Mich. Admin. Code R 281.728.10 Cedar Hedge lake; hours for high-speed boating and water skiing {#sec-r-281.728.10 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.728.10}

Rule 10. On the waters of Cedar Hedge lake, sections 4, 5, 8, and 9, T26N, R12W, Green Lake township, Grand Traverse county, it is unlawful, between the hours of 6:30 p.m. and 10:00 a.m. of the following day, to:

(a) Operate a vessel at high speed.

(b) Have in tow, or otherwise assist in the propulsion of, a person on water skis, a water sled, kite, surfboard, or other similar contrivance.

Regulation No. 30, Hillsdale county.

History

• History: 1979 AC.

Mich. Admin. Code R 281.730.1 Long lake; high-speed boating and water skiing hours {#sec-r-281.730.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.730.1}

Rule 1. On the waters of Long lake, sections 5, 8 and 17, town 7 south, range 4 west, township of Reading, county of Hillsdale, state of Michigan, no operator of any motorboat during the period from 6:30 p.m. to 10:00 a.m. of the following day, shall:

(a) Operate such motorboat at high speed, which means a speed at or above which a motorboat reaches a planing condition, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.730.2 Long lake, connecting channel; slow--no wake speed {#sec-r-281.730.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.730.2}

Rule 2. On the waters of the channel connected to Long lake in the northeast 1/4 of section 8, town 7 south, range 4 west, township of Reading, county of Hillsdale, state of Michigan, no operator of any motorboat shall exceed a slow--no wake speed, which means a speed whereby the wake or wash created by the motorboat would be minimal.

History

• History: 1979 AC.

Mich. Admin. Code R 281.730.3 Carpenter lake; high-speed boating and water skiing prohibited {#sec-r-281.730.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.730.3}

Rule 3. On the waters of Carpenter lake, section 5, town 7 south, range 4 west, township of Reading, county of Hillsdale, state of Michigan, no operator of any motorboat shall:

(a) Operate such motorboat at high speed, which means a speed at or above which a motorboat reaches a planing condition, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.730.4 Carpenter and Hemlock lakes, connecting channels; slow—no wake speed {#sec-r-281.730.4 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.730.4}

Rule 4. On the waters of the artificial channels connecting Carpenter lake and Hemlock lake, section 5, town 7 south, range 4 west, township of Reading, county of Hillsdale, state of Michigan, no operator of any motorboat shall exceed a slow--no wake speed, which means a speed whereby the wake or wash created by the motorboat would be minimal.

History

• History: 1979 AC.

Mich. Admin. Code R 281.730.5 Hemlock lake; high-speed boating and water skiing hours {#sec-r-281.730.5 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.730.5}

Rule 5. On the waters of Hemlock lake, sections 32 and 33, town 6 south, range 4 west, sections 4 and 5, town 7 south, range 4 west, townships of Allen and Reading, county of Hillsdale, state of Michigan, no operator of any motorboat, during the period from 6:30 p.m. to 10:00 a.m. of the following day, shall:

(a) Operate such motorboat at high speed, which means a speed at or above which a motorboat reaches a planing condition, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.730.6 Goose lake; high-speed boating and water skiing hours {#sec-r-281.730.6 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.730.6}

Rule 6. On the waters of Goose lake, sections 17 and 18, town 5 south, range 1 west, Somerset township, Hillsdale county, it shall be unlawful, between the hours of 6:30 p.m. and 10:00 a.m. of the following day, to:

(a) Operate a vessel at high speed, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.730.7 Little Goose lake and canal; slow--no wake speed {#sec-r-281.730.7 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.730.7}

Rule 7. On the waters of Little Goose lake and canal to Goose lake, section 17, town 5 south, range 1 west, Somerset township, Hillsdale county, it shall be unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.730.8 Bird lake; hours for slow--no wake speed {#sec-r-281.730.8 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.730.8}

Rule 8. On the waters of Bird lake, sections 27, 28, and 34, T7S, R2W, Jefferson township, Hillsdale county, it is unlawful for the operator of a vessel to exceed a slow-no wake speed between the hours of 6:30 p.m. and 10:00 a.m. of the following day.

History

• History: 1979 AC.

Mich. Admin. Code R 281.730.9 Pike lake; slow--no wake speed {#sec-r-281.730.9 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.730.9}

Rule 9. On the waters of Pike lake, sections 7, 8, 17, and 18, T7S, R3W, Cambria township, Hillsdale county, it is unlawful for the operator of a vessel to exceed a slow- -no wake speed.

History

• History: 1983 AACS.

Mich. Admin. Code R 281.730.10 Lake Pleasant; hours for high-speed boating and water skiing {#sec-r-281.730.10 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.730.10}

Rule 10. On the waters of Lake Pleasant, section 8, T7S, R2W, Jefferson township, Hillsdale county, it is unlawful, between the hours of 6:30 p.m.and 10 a.m. of the following day, to:

(a) Operate a vessel at high speed.

(b) Have in tow, or otherwise assist in the propulsion of, a person on water skis, a water sled, kite, surfboard, or other similar contrivance.

History

• History: 1984 AACS.

Mich. Admin. Code R 281.730.11 Lake Diane; hours for high-speed boating and water skiing {#sec-r-281.730.11 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.730.11}

Rule 11. On the waters of Lake Diane, sections 3, 4, 9, 10, and 34, T9S, R3W, Amboy township, Hillsdale county, it is unlawful, between the hours of 6:30 p.m. and 10 a.m. of the following day to:

(a) Operate a vessel at high speed.

(b) Have in tow, or otherwise assist in the propulsion of, a person on water skis, water sled, kite, surfboard, or other similar contrivance.

Regulation No. 32, Huron county.

History

• History: 1985 AACS.

Mich. Admin. Code R 281.732.1 Sebewaing river and channels and canals; slow--no wake speed {#sec-r-281.732.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.732.1}

Rule 1. On the waters of the Sebewaing river and connecting natural and artificial channels and canals, sections 7 and 8, town 15 north, range 9 east, Sebewaing village, Huron county, from the M-25 (Beck street) bridge downstream to the mouth, an operator of a vessel shall not exceed a slow--no wake speed, which means a very slow speed whereby the wake or wash created by the vessel would be minimal.

Regulation No. 35, Iosco county.

History

• History: 1979 AC.

Mich. Admin. Code R 281.735.1 Pine river; Alcona county line to Van Etten lake; speed restriction {#sec-r-281.735.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.735.1}

Rule 1. On the waters of Pine river, township of Oscoda, county of Iosco, state of Michigan, from its point of entry at the Iosco-Alcona county line, thence southerly for a distance of approximately 1 1/2 miles to its mouth at Van Etten lake, no operator of any vessel shall exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.735.2 Little Long lake; high-speed boating and water skiing hours {#sec-r-281.735.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.735.2}

Rule 2. On the waters of Little Long lake, sections 5 and 8, town 23 north, range 5 east, township of Plainfield, county of Iosco, state of Michigan, no operator of any motorboat, during the period from 6:30p.m. to 10:00 a.m. of the following day, shall:

(a) Operate such motorboat at high speed, which means a speed at or above which a motorboat reaches a planing condition, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.735.3 AuSable river, lower part; slow--no wake speed {#sec-r-281.735.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.735.3}

Rule 3. On the waters of the AuSable river, sections 3, 4 and 10, town 23 north, range 9 east, township of AuSable, and sections 33 and 34, town 24 north, range 9 east, township of Oscoda, county of Iosco, state of Michigan, from its mouth at Lake Huron upstream to the Detroit and Mackinaw railroad bridge, a distance of approximately 2 1/2 miles, no operator of any motorboat shall exceed a slow--no wake speed, which means a very slow speed whereby the wake or wash created by the motorboat would be minimal.

History

• History: 1979 AC.

Mich. Admin. Code R 281.735.4 Tawas river in Tawas City and area adjacent to its mouth; slow--no wake speed {#sec-r-281.735.4 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.735.4}

Rule 4. On the waters of the Tawas river, sections 25, 30 and 36, town 22 north, range 7 east, Tawas City, Iosco county, from the north city limits downstream and 300 feet in any direction from the mouth of the river in Tawas bay, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.735.5 Tawas lake; slow--no wake speed zone {#sec-r-281.735.5 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.735.5}

Rule 5. On the waters of the canals connected to Tawas lake and Tawas river in section 19, T22N, R8E, city of East Tawas, Iosco county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

Regulation No. 36, Iron county.

History

• History: 1979 AC.

Mich. Admin. Code R 281.736.1 Lake Ellen; high-speed boating and water skiing prohibited {#sec-r-281.736.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.736.1}

Rule 1. On the waters of Lake Ellen, sections 26 and 35, T44N, R31W, Mansfield township, Iron county, it is unlawful to:

(a) Operate a vessel at high speed, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, kite, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.736.2 Spree lake; motorboats prohibited {#sec-r-281.736.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.736.2}

Rule 2. On the waters of Spree lake, section 28, T46N, R37W, Iron River township, Iron county, it is unlawful to operate a motorboat.

History

• History: 1979 AC.

Mich. Admin. Code R 281.736.3 Skyline lake; motorboats prohibited {#sec-r-281.736.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.736.3}

Rule 3. On the waters of Skyline lake, sections 28 and 29, T46N, R37W, Iron River township, Iron county, it is unlawful to operate a motorboat.

History

• History: 1979 AC.

Mich. Admin. Code R 281.736.4 Madelyn lake; motorboats prohibited {#sec-r-281.736.4 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.736.4}

Rule 4. On the waters of Madelyn lake, section 28, Iron River township, Iron county, it is unlawful to operate a motorboat.

History

• History: 1979 AC.

Mich. Admin. Code R 281.736.5 Killdeer lake; motorboats prohibited {#sec-r-281.736.5 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.736.5}

Rule 5. On the waters of Killdeer lake, section 29, T46N, R37W, Iron River township, Iron county, it is unlawful to operate a motorboat.

History

• History: 1979 AC.

Mich. Admin. Code R 281.736.6 Long lake; slow--no wake speed {#sec-r-281.736.6 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.736.6}

Rule 6. On the waters of Long lake, sections 16 and 17, T43N, R33W, Crystal Falls township, Iron county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.736.7 Light lake; slow--no wake speed {#sec-r-281.736.7 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.736.7}

Rule 7. On the waters of Light lake, sections 16, 17, and 20, T44N, R32W, Crystal Falls township, Iron county, it is unlawful for the operator of a vessel to exceed a slow-no wake speed.

Regulation No. 37, Isabella county.

History

• History: 1984 AACS.

Mich. Admin. Code R 281.737.1 Tower lake {#sec-r-281.737.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.737.1}

Rule 1. On the waters of Tower lake, Gilmore township, county of Isabella, state of Michigan, no operator of a motorboat shall:

(a) Exceed a slow--no wake speed.

(b) Have in tow or shall otherwise be assisting in the propulsion of a person on water skis, water sleds, surfboards or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.737.2 Sucker lake; slow--no wake speed {#sec-r-281.737.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.737.2}

Rule 2. On the waters of Sucker lake, section 18, town 16 north, range 5 west, Gilmore township, Isabella county, an operator of a vessel shall not exceed a slow--no wake speed, which means a very slow speed whereby the wake or wash created by the vessel would be minimal.

History

• History: 1979 AC.

Mich. Admin. Code R 281.737.3 Outlet lake; slow--no wake speed {#sec-r-281.737.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.737.3}

Rule 3. On the waters of Outlet lake, section 20, town 16 north, range 5 west, Gilmore township, Isabella county, an operator of a vessel shall not exceed a slow--no wake speed, which means a very slow speed whereby the wake or wash created by the vessel would be minimal.

History

• History: 1979 AC.

Mich. Admin. Code R 281.737.4 Bass lake in Gilmore township; slow--no wake speed {#sec-r-281.737.4 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.737.4}

Rule 4. On the waters of Bass lake, section 20, town 16 north, range 5 west, Gilmore township, Isabella county, an operator of a vessel shall not exceed a slow--no wake speed, which means a very slow speed whereby the wake or wash created by the vessel would be minimal.

History

• History: 1979 AC.

Mich. Admin. Code R 281.737.5 Dollar lake; slow--no wake speed {#sec-r-281.737.5 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.737.5}

Rule 5. On the waters of Dollar lake, section 20, town 16 north, range 5 west, Gilmore township, Isabella county, an operator of a vessel shall not exceed a slow--no wake speed, which means a very slow speed whereby the wake or wash created by the vessel would be minimal.

History

• History: 1979 AC.

Mich. Admin. Code R 281.737.6 Rescinded {#sec-r-281.737.6 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.737.6}

History

• History: 1979 AC; 2020 MR 21, Eff. Nov. 17, 2020.

Mich. Admin. Code R 281.737.7 Coldwater lake adjacent to outlet; slow--no wake speed {#sec-r-281.737.7 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.737.7}

Rule 7. On the waters of Coldwater lake, section 30, town 15 north, range 5 west, Nottawa township, Isabella county, from its outlet, the Coldwater river, for a distance of 300 feet in any direction, an operator of a vessel shall not exceed a slow--no wake speed, which means a very slow speed whereby the wake or wash created by the vessel would be minimal.

Regulation No. 38, Jackson county.

History

• History: 1979 AC.

Mich. Admin. Code R 281.738.1 Swains lake {#sec-r-281.738.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.738.1}

Rule 1. On the waters of Swains lake, Pulaski township, Jackson county, state of Michigan, no operator of any motorboat shall, during the period from 6:30 p.m. to 10:00 a.m. of the following day:

(a) Operate such motorboat at high speed.

(b) Have in tow or shall otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.738.2 Round lake {#sec-r-281.738.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.738.2}

Rule 2. On the waters of Round lake, Norvell township, county of Jackson, state of Michigan, no operator of any motorboat shall:

(a) Operate such vessel at high speed, which means a speed at or above which a motorboat reaches a planing condition, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance. (See R 281.746.1 for regulation covering the part of this lake lying in Lenawee county and R 281.781.2 for regulation covering the part of this lake lying in Washtenaw county.)

History

• History: 1979 AC.

Mich. Admin. Code R 281.738.3 Lake Columbia, portion in northerly part of Bay View Shores subdivision; speed restriction {#sec-r-281.738.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.738.3}

Rule 3. On the waters of that part of Lake Columbia lying north of a line beginning at the southeast corner of lot number 119, thence northeasterly to the northwest corner of lot number 32, Bay View Shores subdivision, sections 22, 23, 26 and 27, town 4 south, range 1 east, township of Columbia, county of Jackson, state of Michigan, no operator of any motorboat shall exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.738.4 Lake Columbia, portion in southerly part of Bay View Shores subdivision; speed restriction {#sec-r-281.738.4 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.738.4}

Rule 4. On the waters of that part of Lake Columbia lying north of a line beginning at the southwest corner of lot number 188, thence northwesterly to the southernmost corner of lot number 220, in Bay View Shores subdivision, sections 22, 23, 26 and 27, town 4 south, range 1 east, township of Columbia, county of Jackson, state of Michigan, no operator of any motorboat shall exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.738.5 Lake Columbia, channel in Royal Shores subdivision; speed restriction {#sec-r-281.738.5 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.738.5}

Rule 5. On the waters of the entire channel in Royal Shores subdivision in the southwest side of Lake Columbia, commencing from a line starting at the northeast corner of lot number 45 to the southeast corner of lot number 68, thence northwesterly, thence northeasterly, thence easterly, to a line at the end of the channel, from a point which is the northeast corner of park lot number 2 to the southeast corner of park lot number 3, in Royal Shores subdivision, part of the east 1/2 of section 33 and part of the west 1/2 of the southwest 1/4 of section 34, town 4 south, range 1 east, township of Columbia, county of Jackson, state of Michigan, no operator of any motorboat shall exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.738.6 Lake Columbia, portion in Holiday Shores subdivision; speed restriction {#sec-r-281.738.6 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.738.6}

Rule 6. On the waters of that part of Lake Columbia lying northeasterly of a line beginning from the southwest corner of lot number 31, thence southeasterly to the northwest corner of lot number 102, of Holiday Shores subdivision, sections 22, 23, 26 and 27, town 4 south, range 1 east, township of Columbia, county of Jackson, state of Michigan, no operator of any motorboat shall exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.738.7 Lake Columbia, portion in Grand Pointe Shores subdivision; speed restriction {#sec-r-281.738.7 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.738.7}

Rule 7. On the waters of that part of Lake Columbia lying south and west of a line beginning from the easterly most corner of lot number 99 extending to the northerly most corner of lot 76 in Grand Pointe Shores subdivision, part of the northeast 1/4 of section 33 and part of the southeast 1/4 of section 28, town 4 south, range 1 east, township of Columbia, county of Jackson, state of Michigan, no operator of any motorboat shall exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.738.8 Big and Little Wolf lakes in Kenwood Shores subdivision, portion of connecting channel; speed restriction {#sec-r-281.738.8 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.738.8}

Rule 8. On that portion of a channel connecting Big Wolf lake and Little Wolf lake lying eastward of a line from the northwest corner of lot number 13 due north to the opposite shore, to a line drawn parallel to and lying 200 feet east of a line from the northeast corner of lot number 1 due north to the opposite shore, all located in Kenwood Shores subdivision, being a part of the southeast quarter of section 19, town 3 south, range 2 east, township of Napoleon, county of Jackson, state of Michigan, no operator of any motorboat shall exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.738.9 White lake; hours for high-speed boating and water skiing {#sec-r-281.738.9 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.738.9}

Rule 9. On the waters of White lake, section 29, town 1 south, range 1 east, township of Henrietta, county of Jackson, state of Michigan, no operator of any motorboat, during the period from 6:30 p.m. to 10:00 a.m. of the following day, shall:

(a) Operate such motorboat at high speed, which means a speed at or above which a motorboat reaches a planing condition, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.738.10 Artificial canal connected to Center lake; slow--no wake speed {#sec-r-281.738.10 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.738.10}

Rule 10. On the waters of the artificial canal from Center lake to Bonnymede subdivision, section 22, T3S, R1E, Napoleon township, Jackson county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

Regulation No. 39, Kalamazoo county.

History

• History: 1979 AC.

Mich. Admin. Code R 281.739.1 Sherman lake; high-speed boating and water skiing hours {#sec-r-281.739.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.739.1}

Rule 1. On the waters of Sherman lake, sections 29 and 32, town 1 south, range 9 west, Ross township, Kalamazoo county, it shall be unlawful, during the period from 6:30 p.m. to 10:00 a.m. of the following day, to:

(a) Operate a vessel at high speed, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.739.2 Sherman lake canals and channels; slow--no wake speed {#sec-r-281.739.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.739.2}

Rule 2. On the waters of those artificial and natural canals and channels attached to Sherman lake, lying in the southwest 1/4 of the southwest 1/4, section 29 and southeast 1/4 of the southeast 1/4, section 30, town 1 south, range 9 west, Ross township, Kalamazoo county, it shall be unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.739.3 Gull creek; slow--no wake speed {#sec-r-281.739.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.739.3}

Rule 3. On the waters of Gull creek, section 19, town 1 south, range 9 west, Ross township, Kalamazoo county, it shall be unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.739.4 Whites lake, city of Kalamazoo; motorboats prohibited {#sec-r-281.739.4 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.739.4}

Rule 4. On the waters of Whites lake, section 33, town 2 south, range 11 west, city of Kalamazoo, county of Kalamazoo, it is unlawful to operate a motorboat.

History

• History: 1979 AC.

Mich. Admin. Code R 281.739.5 Lake Hill-N-Brook, city of Kalamazoo, city of Portage; motorboats prohibited {#sec-r-281.739.5 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.739.5}

Rule 5. On the waters of Lake Hill-N-Brook, section 31, town 2 south, range 11 west, city of Kalamazoo, section 6, town 3 south, range 11 west, city of Portage, county of Kalamazoo, it is unlawful to operate a motorboat.

History

• History: 1979 AC.

Mich. Admin. Code R 281.739.6 Long, Portage, and Blue lakes; hours for high-speed boating and water skiing {#sec-r-281.739.6 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.739.6}

Rule 6. On the waters of Long, Portage, and Blue lakes, sections 27, 33, and 34, T2S, R9W, Charleston township, Kalamazoo county, it is unlawful, between the hours of 6:30 p.m. and 10:00 a.m. of the following day, to:

(a) Operate a vessel at high speed, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, kite, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.739.7 Rescinded {#sec-r-281.739.7 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.739.7}

History

• History: 1979 AC; 1992 AACS.

Mich. Admin. Code R 281.739.8 Eagle lake; operation of vessel powered by motor {#sec-r-281.739.8 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.739.8}

Rule 8. On the waters of Eagle lake, sections 1 and 2, T2S, R9W, in Fort Custer recreation area, Charleston township, Kalamazoo county, it is unlawful to operate a vessel powered by a motor except an electric motor.

History

• History: 1979 AC.

Mich. Admin. Code R 281.739.9 Gull lake; watercraft speed limit {#sec-r-281.739.9 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.739.9}

Rule 9. On the waters of Gull lake, sections 1, 2, and 12, T1S, R10W, Richland township, and sections 6, 7, 8, 17, 18, and 20, T1S, R9W, Ross township, Kalamazoo county, it is unlawful at any time to operate a vessel at a speed in excess of 40 miles per hour (64 kilometers per hour). (See R 281.708.10 covering that portion of Gull lake which lies in Barry county.)

History

• History: 1979 AC.

Mich. Admin. Code R 281.739.10 Hogsett lake; hours for high-speed boating and water skiing {#sec-r-281.739.10 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.739.10}

Rule 10. On the waters of Hogsett lake, sections 3 and 4, T4S, R11W, Schoolcraft township, Kalamazoo county, it is unlawful, between the hours of 6:30 p.m. and 10 a.m. of the following day, to:

(a) Operate a vessel at high speed.

(b) Have in tow, or otherwise assist in the propulsion of, a person on water skis, a water sled, kite, surfboard, or other similar contrivance.

Regulation No. 40, Kalkaska county.

History

• History: 1981 AACS.

Mich. Admin. Code R 281.740.1 Bear lake {#sec-r-281.740.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.740.1}

Rule 1. On the waters of Bear lake, township of Bear Lake, county of Kalkaska, state of Michigan, no operator of any motorboat shall, during the period from 6:30 p.m. to 10:00 a.m. of the following day:

(a) Operate such motorboat at high speed, or (b) Have in tow or shall otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.740.2 Cub lake {#sec-r-281.740.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.740.2}

Rule 2. On the waters of Cub lake, township of Bear Lake, county of Kalkaska, state of Michigan, no operator of any motorboat shall:

(a) Operate such motorboat at high speed, or (b) Have in tow or shall otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.740.3 North Blue, Bass, Indian, and Squaw lakes; high-speed boating and water skiing prohibited {#sec-r-281.740.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.740.3}

Rule 3. On the waters of North Blue lake, Bass lake, Indian lake and Squaw lake, township of Blue Lake, county of Kalkaska, state of Michigan, no operator of any motorboat shall:

(a) Operate such motorboat at high speed, which means a speed at or above which a motorboat reaches a planing condition, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.740.4 Big Blue and Starvation lakes; hours for high-speed boating and water skiing {#sec-r-281.740.4 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.740.4}

Rule 4. On the waters of Big Blue lake and Starvation lake, township of Blue Lake, county of Kalkaska, state of Michigan, no operator of any motorboat, during the period from 6:30 p.m. to 10:00 a.m. of the following day, shall:

(a) Operate such motorboat at high speed, which means a speed at or above which a motorboat reaches a planing condition, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.740.5 Pickerel lake; hours for high-speed boating and water skiing {#sec-r-281.740.5 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.740.5}

Rule 5. On the waters of Pickerel lake, township of Cold Springs, county of Kalkaska, state of Michigan, no operator of any motorboat, during the period from 6:30 p.m. to 10:00 a.m. of the following day, shall:

(a) Operate such motorboat at high speed, which means a speed at or above which a motorboat reaches a planing condition, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.740.6 Big Twin lake; hours for high-speed boating and water skiing {#sec-r-281.740.6 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.740.6}

Rule 6. On the waters of Big Twin lake, township of Blue Lake and township of Cold Springs, county of Kalkaska, state of Michigan, no operator of any motorboat, during the period from 6:30 p.m. to 10:00 a.m. of the following day, shall:

(a) Operate such motorboat at high speed, which means a speed at or above which a motorboat reaches a planing condition, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.740.7 Little Twin lake; high-speed boating and water skiing prohibited {#sec-r-281.740.7 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.740.7}

Rule 7. On the waters of Little Twin lake, township of Blue Lake and township of Cold Springs, county of Kalkaska, state of Michigan, no operator of any motorboat shall:

(a) Operate such motorboat at high speed, which means a speed at or above which a motorboat reaches a planing condition, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.740.8 Torch river and Torch lake adjacent to its mouth; slow--no wake speed {#sec-r-281.740.8 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.740.8}

Rule 8. On the waters of Torch river, sections 6, 7 and 18, town 28 north, range 8 west, township of Clearwater, county of Kalkaska, from the south line of section 18, town 28 north, range 8 west, to the north end of the river and for a distance of 300 feet in any direction in Torch lake, an operator of a vessel shall not exceed a slow--no wake speed, which means a very slow speed whereby the wake or wash created by the vessel would be minimal. (See R 281.705.2 for regulation covering the part of this river and adjacent lake lying in Antrim county.)

History

• History: 1979 AC.

Mich. Admin. Code R 281.740.9 Manistee lake; canals and channels; slow--no wake speed {#sec-r-281.740.9 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.740.9}

Rule 9. On the waters of the canals and channels connected to Manistee lake, section 34, T28N, R6W, Cold Springs township, Kalkaska county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.740.10 Big Guernsey lake; slow--no wake speed {#sec-r-281.740.10 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.740.10}

Rule 10. On the waters of Big Guernsey lake, sections 19 and 30, T27N, R8W, Kalkaska township, Kalkaska county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1984 AACS.

Mich. Admin. Code R 281.740.11 South Little Guernsey lake; slow--no wake speed {#sec-r-281.740.11 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.740.11}

Rule 11. On the waters of South Little Guernsey lake, section 3, T27N, R8W, Kalkaska township, Kalkaska county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1984 AACS.

Mich. Admin. Code R 281.740.12 North Little Guernsey lake; slow--no wake speed {#sec-r-281.740.12 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.740.12}

Rule 12. On the waters of North Little Guernsey lake, sections 19 and 20, T27N, R8W, Kalkaska township, Kalkaska county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

Regulation No. 41, Kent county.

History

• History: 1984 AACS.

Mich. Admin. Code R 281.741.1 Big Wabasis lake; hours for high-speed boating and water skiing {#sec-r-281.741.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.741.1}

Rule 1. On the waters of Big Wabasis lake, T9N, R9W, Oakfield township, Kent county, it is unlawful:

(a) Between the hours of 6:30 p.m. and 10:00 a.m. of the following day, to operate a vessel at high speed or have in tow or otherwise assist in the propulsion of a person on water skis, water sled, kite, surfboard or other similar contrivance.

(b) At any time, to operate a vessel at a speed in excess of 35 miles per hours (56 kilometers per hour).

History

• History: 1979 AC.

Mich. Admin. Code R 281.741.2 Walden lake; motorboats prohibited {#sec-r-281.741.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.741.2}

Rule 2. On the waters of Walden (Waldron) lake, section 5, T6N, R10W, Cascade township, Kent county, it is unlawful to operate a motorboat.

History

• History: 1979 AC.

Mich. Admin. Code R 281.741.3 Blue lake; hours for slow--no wake speed {#sec-r-281.741.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.741.3}

Rule 3. On the waters of Blue lake, sections 10 and 15, T10N, R9W, Spencer township, Kent county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed between the hours of 6:30 p.m. and 10:00 a.m. of the following day.

History

• History: 1979 AC.

Mich. Admin. Code R 281.741.4 Maston and Muskellonge lakes; hours for slow--no wake speed {#sec-r-281.741.4 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.741.4}

Rule 4. On the waters of Maston and Muskellonge lakes, sections 2, 3, 10, and 11, T10N, R9W, Spencer township, Kent county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed between the hours of 6:30 p.m. and 10:00 a.m. of the following day.

History

• History: 1979 AC.

Mich. Admin. Code R 281.741.5 Maston and Muskellonge lakes; channel connecting; slow—no wake speed {#sec-r-281.741.5 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.741.5}

Rule 5. On the waters of the channel connecting Maston to Muskellonge lake, sections 10 and 11, T10N, R9W, Spencer township, Kent county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.741.6 Cowan lake; high-speed boating and water skiing prohibited {#sec-r-281.741.6 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.741.6}

Rule 6. On the waters of Cowan lake, section 6, T8N, R9W, Grattan township, and section 31, T9N, R9W, Oakfield township, Kent county, it is unlawful for the operator of a vessel to:

(a) Operate a vessel at high speed.

(b) Have in tow, or otherwise assist in the propulsion of, a person on water skis, a water sled, kite, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.741.7 Lincoln lake; hours for high-speed boating and water skiing {#sec-r-281.741.7 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.741.7}

Rule 7. On the waters of Lincoln lake, sections 15, 22, and 27, T10N, R9W, Spencer township, Kent county, it is unlawful, between the hours of 6:30 p.m. and 10:00 a.m. of the following day, to:

(a) Operate a vessel at high speed.

(b) Have in tow, or otherwise assist in the propulsion of, a person on water skis, a water sled, kite, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.741.8 Friant lake; high-speed boating and water skiing prohibited {#sec-r-281.741.8 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.741.8}

Rule 8. On the waters of Friant lake, section 15, T10N, R9W, Spencer township, Kent county, it is unlawful for the operator of a vessel to:

(a) Operate a vessel at high speed.

(b) Have in tow, or otherwise assist in the propulsion of, a person on water skis, a water sled, kite, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.741.9 Cedar lake and connecting waters, high-speed boating and water skiing prohibited {#sec-r-281.741.9 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.741.9}

Rule 9. On the waters of Cedar lake and connecting waters, including the channel between Cedar and Friant lakes, sections 10, 11, 14, and 15, T10N, R9W, Spencer township, Kent county, it is unlawful for the operator of a vessel to:

(a) Operate a vessel at high speed.

(b) Have in tow, or otherwise assist in the propulsion of, a person on water skis, a water sled, kite, surfboard, or other similar contrivance.

Regulation No. 43, Lake county.

History

• History: 1979 AC.

Mich. Admin. Code R 281.743.1 Rescinded {#sec-r-281.743.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.743.1}

History

• History: 1979 AC.

Mich. Admin. Code R 281.743.2 Big Bass, Loon, and Harper lakes {#sec-r-281.743.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.743.2}

Rule 2. (1) On the waters of Big Bass lake, sections 27, 33, and 34, T20N, R14W, Elk township, and sections 3 and 4, T19N, R14W, Sauble township, Lake county, it is unlawful, between the hours of 6:30 p.m. and 10:00 a.m. of the following day, to:

(a) Operate a vessel at high speed.

(b) Have in tow, or otherwise assist in the propulsion of, a person on water skis, a water sled, kite, surfboard, or other similar contrivance.

(2) On the waters of Loon lake, section 3, T19N, R14W, Sauble township, Lake county, it is unlawful, between the hours of 6:30 p.m. and 10:00 a.m. of the following day, to:

(a) Operate a vessel at high speed.

(b) Have in tow, or otherwise assist in the propulsion of, a person on water skis, a water sled, kite, surfboard, or other similar contrivance.

(3) On the waters of Harper lake, sections 10 and 15, T20N, R14W, Elk township, Lake county, it is unlawful, between the hours of 6:30 p.m. and 10:00 a.m. of the following day, to:

(a) Operate a vessel at high speed.

(b) Have in tow, or otherwise assist in the propulsion of, a person on water skis, a water sled, kite, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.743.3 Big Star lake; hours for high-speed boating and water skiing {#sec-r-281.743.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.743.3}

Rule 3. On the waters of Big Star lake, T17N, R14W, Lake township, Lake county, it is unlawful between the hours of 6:30 p.m. to 10:00 a.m. of the following day, to:

(a) Operate a vessel at high speed, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, a water sled, kite, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.743.4 Big Star lake, bay, extreme west portion of lake; slow--no wake speed {#sec-r-281.743.4 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.743.4}

Rule 4. On the waters of Big Star lake located in the north 1/2 of the northwest 1/4 lying north and west of a line from the southernmost point of land on the north side of Big Star lake, to the northwest corner of the southeast 1/4 of the northwest 1/4, section 34, T17N, R14W, Lake township, Lake county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.743.5 Reed lake, channel; Rainbow, Basford, Cecilia, and Gifford lakes; high-speed boating and water skiing prohibited {#sec-r-281.743.5 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.743.5}

Rule 5. On the waters of Reed lake, the channel connecting Reed lake and Rainbow lake, Rainbow lake, Basford lake, Cecilia lake, and Gifford lake, township of Lake, county of Lake, state of Michigan, no operator of any motorboat shall:

(a) Operate such motorboat at high speed, which means a speed at or above which a motorboat reaches a planing condition, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, a water sled, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.743.6 Wolf lake adjacent to shoreline; slow--no wake speed {#sec-r-281.743.6 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.743.6}

Rule 6. On the waters of Wolf lake, sections 26, 27, 34 and 35, town 19 north, range 13 west, Peacock township, Lake county, an operator of a vessel shall not exceed a slow--no wake speed when within a distance of 200 feet from the shoreline except when picking up or dropping off water skiers which shall be on a line perpendicular to the shoreline. Slow--no wake speed means a very slow speed whereby the wake or wash created by the vessel would be minimal.

History

• History: 1979 AC.

Mich. Admin. Code R 281.743.7 Wolf lake, southwest portion; slow--no wake speed {#sec-r-281.743.7 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.743.7}

Rule 7. On the waters of Wolf lake lying within the west 1/2 of the northwest 1/4, section 34, town 19 north, range 13 west, Peacock township, Lake county, an operator of a vessel shall not exceed a slow--no wake speed, which means a very slow speed whereby the wake or wash created by the vessel would be minimal.

History

• History: 1979 AC.

Mich. Admin. Code R 281.743.8 Pere Marquette river, portion of; operation of vessel powered by motor {#sec-r-281.743.8 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.743.8}

Rule 8. On the waters of the Pere Marquette river, Lake township, Pleasant Plains township, and Sweetwater township, Lake county, it is unlawful to operate a vessel powered by a motor except an electric motor used to propel a vessel in an upstream direction.

History

• History: 1979 AC.

Mich. Admin. Code R 281.743.9 Idlewild lake; hours for slow--no wake speed {#sec-r-281.743.9 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.743.9}

Rule 9. On the waters of Idlewild lake, sections 5, 6, 7, and 8, T17N, R12W, Yates township, Lake county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed between the hours of 6:30 p.m. and 10:00 a.m. of the following day.

Regulation No. 44, Lapeer county.

History

• History: 1979 AC.

Mich. Admin. Code R 281.744.1 Big Fish lake {#sec-r-281.744.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.744.1}

Rule 1. (1) On the waters of Big Fish lake, Hadley township, Lapeer county, state of Michigan, no operator of any motorboat shall during the period from 6:30 p.m. to 10:00 a.m. of the following day:

(a) Operate such motorboat at high speed, or (b) Have in tow or shall otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance.

(2) On the waters of Big Fish lake, Hadley township, Lapeer county, state of Michigan, no operator of any motorboat shall have in tow or shall otherwise assist in the propulsion of more than 2 persons on water skis, water sleds, surfboards or similar contrivances.

History

• History: 1979 AC.

Mich. Admin. Code R 281.744.2 Davison lake; high-speed boating and water skiing prohibited {#sec-r-281.744.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.744.2}

Rule 2. On the waters of Davison lake, Hadley township, Lapeer county, state of Michigan, no operator of any motorboat shall:

(a) Operate such motorboat at high speed, which means a speed at or above which a motorboat reaches a planing condition, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, a water sled, surfboard, or other similar contrivance. (See R 281.763.11 for regulation covering the part of this lake lying in Brandon township, Oakland county.)

History

• History: 1979 AC.

Mich. Admin. Code R 281.744.3 Seven ponds, channels connecting Big and Long ponds; Long, Little, Tree Top, and Miller ponds, Seven lakes channels; speed restriction {#sec-r-281.744.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.744.3}

Rule 3. On the waters of the 2 channels connecting Big pond and Long pond, on the waters of Long pond, Little pond, Tree Top pond and Miller pond, and on the waters of channels interconnecting the ponds of Seven lakes, township of Dryden, county of Lapeer, state of Michigan, no operator of any motorboat shall exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.744.4 Hemmingway lake; hours for high-speed boating and water skiing {#sec-r-281.744.4 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.744.4}

Rule 4. On the waters of Hemmingway lake, section 9, town 9 north, range 9 east, Marathon township, Lapeer county, it is unlawful, during the period from 6:30 p.m. to 10:00 a.m. of the following day, to:

(a) Operate a vessel at high speed, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, kite, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.744.5 Otter lake; hours for high-speed boating and water skiing {#sec-r-281.744.5 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.744.5}

Rule 5. On the waters of Otter lake, sections 6 and 7, T9N, R9E, village of Otter lake and Marathon township, Lapeer county, it is unlawful between the hours of 6:30 p.m. and 10:00 a.m. of the following day to:

(a) Operate a vessel at high speed, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, kite, surfboard or other similar contrivance. (For regulation covering that part of Otter lake which lies in Genesee county, see R 281.725.10.)

History

• History: 1979 AC.

Mich. Admin. Code R 281.744.6 Pero lake; high-speed boating and water skiing prohibited {#sec-r-281.744.6 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.744.6}

Rule 6. On the waters of Pero lake, section 21, T8N, R9E, Oregon township, Lapeer county, it is unlawful for the operator of a vessel to:

(a) Operate a vessel at high speed.

(b) Have in tow, or otherwise assist in the propulsion of, a person on water skis, a water sled, kite, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.744.7 Tody lake; operation of vessel powered by motor {#sec-r-281.744.7 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.744.7}

Rule 7. On the waters of Tody lake, section 30, T6N, R9E, Hadley township, Lapeer county, it is unlawful to operate a vessel powered by a motor except an electric motor.

History

• History: 1982 AC.

Mich. Admin. Code R 281.744.8 Flint river, section; slow--no wake speed {#sec-r-281.744.8 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.744.8}

Rule 8. On the waters of the Flint river, from the Mount Morris road bridge north to a line from the southernmost portion of the Genesee county drag boat facility, south to the nearest possible landfall, sections 4 and 5, T8N, R9E, Oregon township, Lapeer county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

Regulation No. 46, Lenawee county.

History

• History: 1985 AACS.

Mich. Admin. Code R 281.746.1 Round lake {#sec-r-281.746.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.746.1}

Rule 1. On the waters of Round lake, Cambridge and Franklin townships, county of Lenawee, state of Michigan, no operator of any motorboat shall:

(a) Operate such vessel at high speed, which means a speed at or above which a motorboat reaches a planing condition, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance. (See R 281.738.2 for regulation covering the part of this lake lying in Jackson county and R 281.781.2 for regulation covering the part of this lake lying in Washtenaw county.)

History

• History: 1979 AC.

Mich. Admin. Code R 281.746.2 Allens lake, Kellys lake, Wolf lake, and Meadow lake; night operations {#sec-r-281.746.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.746.2}

Rule 2. On the waters of Allens lake, Kellys lake, Wolf lake, and Meadow lake, Cambridge township, Lenawee county, state of Michigan, no operator of any motorboat shall, during the period from 6:30 p.m. to 10:00 a.m. of the following day:

(a) Operate such motorboat at high speed, which means a speed at or above which a motorboat reaches a planing condition, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.746.3 Killarney lake; high-speed boating and water skiing prohibited {#sec-r-281.746.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.746.3}

Rule 3. On the waters of Killarney lake, Cambridge township, Lenawee county, no operator of any motorboat shall:

(a) Operate such motorboat at high speed, which means a speed at or above which a motorboat reaches a planing condition, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.746.4 Connecting channels; controlled speed zones {#sec-r-281.746.4 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.746.4}

Rule 4. On the waters of the channels connecting Wolf lake and Allens lake, Allens lake and Meadow lake, Meadow lake and Kellys lake, and Kellys lake and Killarney lake, also known as the "River Shannon," no operator of any motorboat shall exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.746.5 Deep lake; night operations {#sec-r-281.746.5 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.746.5}

Rule 5. On the waters of Deep lake, township of Cambridge, county of Lenawee, state of Michigan, no operator of any motorboat, during the period from 6:30 p.m. to 10:00 a.m. of the following day, shall:

(a) Operate such motorboat at high speed, which means a speed at or above which a motorboat reaches a planing condition, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.746.6 Little Stoney lake; high-speed boating and water skiing prohibited {#sec-r-281.746.6 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.746.6}

Rule 6. On the waters of Little Stoney lake, township of Cambridge, county of Lenawee, state of Michigan, no operator of any motorboat shall:

(a) Operate such motorboat at high speed, which means a speed at or above which a motorboat reaches a planing condition, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.746.7 Dewey lake; hours for high-speed boating and water skiing {#sec-r-281.746.7 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.746.7}

Rule 7. On the waters of Dewey lake, section 17, town 5 south, range 2 east, township of Cambridge, county of Lenawee, state of Michigan, no operator of any motorboat, during the period from 6:30 p.m. to 10:00 a.m. of the following day, shall:

(a) Operate such motorboat at high speed, which means a speed at or above which a motorboat reaches a planing condition, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.746.8 Marr lake; hours for high-speed boating and water skiing {#sec-r-281.746.8 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.746.8}

Rule 8. On the waters of Marr lake, section 9, T5S, R2E, Cambridge township, Lenawee county, it is unlawful between the hours of 6:30 p.m. and 10:00 a.m. of the following day to:

(a) Operate a vessel at high speed.

(b) Have in tow, or otherwise assist in the propulsion of, a person on water skis, a water sled, kite, surfboard, or other similar contrivance.

History

• History: 1980 AACS.

Mich. Admin. Code R 281.746.9 Lake Hudson; slow--no wake speed {#sec-r-281.746.9 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.746.9}

Rule 9. On the waters of Lake Hudson, sections 25, 26, 27, 34, 35, and 36, T7S, R1E, Hudson township, Lenawee county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1982 AACS.

Mich. Admin. Code R 281.746.10 Lake Adrian; slow--no wake speed {#sec-r-281.746.10 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.746.10}

Rule 10. On the waters of Lake Adrian, sections 26, 27, and 35, T6S, R3E, Adrian township and the city of Adrian, Michigan, Lenawee county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

Regulation No. 47, Livingston county.

History

• History: 1983 AACS.

Mich. Admin. Code R 281.747.1 Kent lake {#sec-r-281.747.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.747.1}

Rule 1. On the waters of Kent lake, Green Oak township, Livingston county, state of Michigan, the following controls apply:

(a) No person shall operate a motorboat at a speed in excess of 10 statute miles per hour, except an authorized patrol boat or emergency rescue craft.

(b) No person shall operate any watercraft so as to tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance, or permit himself to be so towed.

(c) Rubber rafts and all floating devices other than boats, may be used only in swim areas or special designated areas. (See R 281.763.1 for regulation covering the part of this lake lying in Oakland county.)

History

• History: 1979 AC.

Mich. Admin. Code R 281.747.2 Big Silver lake {#sec-r-281.747.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.747.2}

Rule 2. On the waters of Big Silver lake, township of Putnam, county of Livingston, state of Michigan, no operator of any motorboat shall, during the period from 6:30 p.m. to 10:00 a.m. of the following day:

(a) Operate such motorboat at high speed, or (b) Have in tow or shall otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance. (See R 281.781.1 for regulation covering the part of this lake in Washtenaw county.)

History

• History: 1979 AC.

Mich. Admin. Code R 281.747.3 School lake; hours for high-speed boating and water skiing {#sec-r-281.747.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.747.3}

Rule 3. On the waters of School lake, township of Brighton, county of Livingston, state of Michigan, no operator of any motorboat, during the period from 6:30 p.m. to 10:00 a.m. of the following day, shall:

(a) Operate such motorboat at high speed, which means a speed at or above which a motorboat reaches a planing condition, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.747.4 Lake Shan-gri-la; slow--no wake speed {#sec-r-281.747.4 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.747.4}

Rule 4. On the waters of the lake locally known as Lake Shan-gri-la, in the west 1/2 of the southeast 1/4 of section 21, town 1 north, range 5 east, Hamburg township, Livingston county, it shall be unlawful for an operator of a vessel to exceed a slow-no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.747.5 Bass lake canals in Hamburg township; slow--no wake speed {#sec-r-281.747.5 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.747.5}

Rule 5. On the waters of the canals connected to Bass lake, sections 21 and 28, town 1 north, range 5 east, Hamburg township, Livingston county, it shall be unlawful for an operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.747.6 Bass lake; high-speed boating and water skiing prohibited {#sec-r-281.747.6 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.747.6}

Rule 6. On the waters of Bass lake, sections 21, 28 and 29, town 1 north, range 5 east, Hamburg township, Livingston county, it shall be unlawful to:

(a) Operate a vessel at high speed, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.747.7 Whalen lake; high-speed boating and water skiing prohibited {#sec-r-281.747.7 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.747.7}

Rule 7. On the waters of Whalen lake, town 3 north, range 6 east, Hartland township, Livingston county, it is unlawful to:

(a) Operate a vessel at high speed, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.747.8 Channel connecting Tamarack lake to Huron river; slow—no wake speed {#sec-r-281.747.8 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.747.8}

Rule 8. On the waters of the channel connecting Tamarack lake and the Huron river, section 31, town 1 north, range 5 east, Hamburg township, Livingston county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.747.9 Canal connected to Marl lake; slow--no wake speed {#sec-r-281.747.9 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.747.9}

Rule 9. On the canal connected to Marl lake in the west 1/4 of the northwest 1/4 of section 4, town 4 north, range 6 east, Tyrone township, Livingston county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed. (See R 281.725.4 for that part of Marl lake which lies in Genesee county.)

History

• History: 1979 AC.

Mich. Admin. Code R 281.747.10 Osborne lake; motorboats prohibited {#sec-r-281.747.10 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.747.10}

Rule 10. On the waters of Osborne lake, section 8, town 2 north, range 6 east, Brighton township, Livingston county, it is unlawful to operate a motorboat.

History

• History: 1979 AC.

Mich. Admin. Code R 281.747.11 Woodburn lake; high-speed boating and water skiing prohibited {#sec-r-281.747.11 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.747.11}

Rule 11. On the waters of Woodburn lake, sections 25 and 36, town 1 north, range 3 east, Unadilla township, Livingston county, it is unlawful to:

(a) Operate a vessel at high speed, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.747.12 Artificial canals connected to Woodburn lake; slow—no wake speed {#sec-r-281.747.12 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.747.12}

Rule 12. On the waters of the artificial canals connected to Woodburn lake in section 36, town 1 north, range 3 east, Unadilla township, Livingston county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.747.13 Channel connected to Patterson lake; slow--no wake speed {#sec-r-281.747.13 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.747.13}

Rule 13. On the waters of the channel connected to Patterson lake, section 36, town 1 north, range 3 east, Unadilla township, Livingston county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.747.14 Ore lake, south part; slow--no wake speed {#sec-r-281.747.14 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.747.14}

Rule 14. On the waters of Ore lake, section 13, town 1 north, range 5 east, Hamburg township and section 18, town 1 north, range 6 east, Green Oak township, enclosed by a line from the easternmost point of land in Ore Lake View subdivision, easterly to the westernmost point of lot 32, E. J. Reive's Lakewood subdivision and the bridge connecting E. J. Reive's Lakewood subdivision to Ore Lake Little Farms subdivision, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.747.15 Huron river; slow--no wake speed zone {#sec-r-281.747.15 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.747.15}

Rule 15. On the waters of the Huron river in sections 13, 22, 23, 24, 27, 28, 29, 32, and 33, T1N, R5E, Hamburg township, Livingston county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.747.16 Dunham lake; motorboats prohibited {#sec-r-281.747.16 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.747.16}

Rule 16. On the waters of Dunham lake, section 13 and 24, T3N, R6E, Hartland township, Livingston county, it is unlawful to operate a motorboat. (See R 281.763.47 for the regulation covering the part of Dunham lake which lies in Oakland county.)

History

• History: 1979 AC.

Mich. Admin. Code R 281.747.17 East Crooked lake, West Crooked lake, and Clifford lake; channels and canals; slow--no wake speed {#sec-r-281.747.17 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.747.17}

Rule 17. On the waters of the canals and channels connected to East (Big) Crooked lake, West (Little) Crooked lake, and Clifford (Round) lake, sections 21, 22, 27, and 28, T2N, R5E, Genoa township, Livingston county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.747.18 Rescinded {#sec-r-281.747.18 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.747.18}

History

• History: 1979 AC; 1992 AACS.

Mich. Admin. Code R 281.747.19 Hi-Land lake and connecting canals and channels; prohibited conduct {#sec-r-281.747.19 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.747.19}

Rule 19. On the waters of Hi-Land lake and the canals and channels connected thereto section 32, T1N, R4E, Putnam township, Livingston county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed when within 100 feet of any shore, dock, raft, buoyed or occupied bathing area, or vessel moored or at anchor, except when water skiers are being picked up or dropped off if that operation is otherwise conducted with due regard to the safety of persons and property and in accordance with the laws of this state. (See R 281.781.11 covering that portion of Hi- Land lake which lies in Washtenaw county.)

History

• History: 1979 AC.

Mich. Admin. Code R 281.747.21 Mud bay-Portage lake; slow--no wake speed {#sec-r-281.747.21 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.747.21}

Rule 21. On that portion of Portage lake known as Mud bay and the entrance thereto, section 36, T1N, R4E, Putnam township, Livingston county, it is unlawful for the operator of a vessel to exceed a slow-no wake speed.

History

• History: 1981 AACS.

Mich. Admin. Code R 281.747.22 Bishop lake; slow--no wake speed {#sec-r-281.747.22 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.747.22}

Rule 22. On the waters of Bishop lake, sections 3, 4, 9, and 10, T1N, R5E, Hamburg township, Livingston county, it is unlawful for the operator of a vessel to exceed a slowno wake speed.

Regulation No. 48, Luce county.

History

• History: 1981 AACS.

Mich. Admin. Code R 281.748.1 Tahquamenon river, Dollarville flooding; high-speed boating and water skiing prohibited {#sec-r-281.748.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.748.1}

Rule 1. On the waters of the Tahquamenon river downstream from the bridge on section 21, town 46 north, range 11 west, to the dam on section 28, town 46 north, range 10 west, Columbus and McMillan townships, Luce county, it is unlawful to:

(a) Operate a vessel at high speed, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.748.2 Fox river, east branch; slow--no wake speed {#sec-r-281.748.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.748.2}

Rule 2. On the waters of the east branch of the Fox river from the M-28 highway bridge on section 33, town 46 north, range 12 west, upstream to the west line of section 18, town 46 north, range 12 west, Columbus township, Luce county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.748.3 Pretty lake; motorboats prohibited {#sec-r-281.748.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.748.3}

Rule 3. On the waters of Pretty lake, section 34, T49N, R11W, McMillan township, Luce county, it is unlawful to operate a motorboat.

History

• History: 1979 AC.

Mich. Admin. Code R 281.748.4 Camp Eight lake; motorboats prohibited {#sec-r-281.748.4 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.748.4}

Rule 4. On the waters of Camp Eight lake, section 34, T49N, R11W, McMillan township, Luce county, it is unlawful to operate a motorboat.

History

• History: 1979 AC.

Mich. Admin. Code R 281.748.5 Beaverhouse lake; motorboats prohibited {#sec-r-281.748.5 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.748.5}

Rule 5. On the waters of Beaverhouse lake, sections 33 and 34, T49N, R11W, McMillan township, Luce county, it is unlawful to operate a motorboat.

History

• History: 1979 AC.

Mich. Admin. Code R 281.748.6 Brush lake; motorboats prohibited {#sec-r-281.748.6 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.748.6}

Rule 6. On the waters of Brush lake, section 34, T49N, R11W, McMillan township, Luce county, it is unlawful to operate a motorboat.

History

• History: 1979 AC.

Mich. Admin. Code R 281.748.7 Long lake; motorboats prohibited {#sec-r-281.748.7 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.748.7}

Rule 7. On the waters of Long lake, section 34, T49N, R11W, McMillan township, Luce county, it is unlawful to operate a motorboat.

History

• History: 1979 AC.

Mich. Admin. Code R 281.748.8 Bullhead lake; motorboats prohibited {#sec-r-281.748.8 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.748.8}

Rule 8. On the waters of Bullhead lake, section 34, T49N, R11W, McMillan township, Luce county, it is unlawful to operate a motorboat.

History

• History: 1979 AC.

Mich. Admin. Code R 281.748.9 Otter lake; motorboats prohibited {#sec-r-281.748.9 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.748.9}

Rule 9. On the waters of Otter lake, section 34, T49N, R11W, McMillan township, Luce county, it is unlawful to operate a motorboat.

History

• History: 1979 AC.

Mich. Admin. Code R 281.748.10 Pratt lake; motorboats prohibited {#sec-r-281.748.10 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.748.10}

Rule 10. On the waters of Pratt lake, sections 28 and 33, T49N, R11W, McMillan township, Luce county, it is unlawful to operate a motorboat.

History

• History: 1979 AC.

Mich. Admin. Code R 281.748.11 Sid lake; motorboats prohibited {#sec-r-281.748.11 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.748.11}

Rule 11. On the waters of Sid lake, section 33, T49N, R11W, McMillan township, Luce county, it is unlawful to operate a motorboat.

History

• History: 1979 AC.

Mich. Admin. Code R 281.748.12 Deer lake; motorboats prohibited {#sec-r-281.748.12 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.748.12}

Rule 12. On the waters of Deer lake, sections 27 and 34, T49N, R11W, McMillan township, Luce county, it is unlawful to operate a motorboat.

History

• History: 1979 AC.

Mich. Admin. Code R 281.748.13 Two Hearted river; motorboats prohibited {#sec-r-281.748.13 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.748.13}

Rule 13. On the waters of the Two Hearted river, from the Reed and Green bridge on county road 410, section 11, T49N, R10W, downstream to the United States fish and wildlife service weir, section 27, T50N, R9W, McMillan township, Luce county, it is unlawful to operate a motorboat.

History

• History: 1979 AC.

Mich. Admin. Code R 281.748.14 Two Hearted river; slow--no wake speed zone {#sec-r-281.748.14 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.748.14}

Rule 14. On the waters of the Two Hearted river, from the United States fish and wildlife service weir, downstream to Lake Superior, section 27, T50N, R9W, McMillan township, Luce county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

Regulation No. 49, Mackinac county.

History

• History: 1979 AC.

Mich. Admin. Code R 281.749.1 Pine river in St. Ignace township; slow--no wake speed {#sec-r-281.749.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.749.1}

Rule 1. On the waters of the Pine river, sections 3 and 10, town 42 north, range 3 west, St. Ignace township, Mackinac county, from the east line of section 3, town 42 north, range 3 west, downstream to Lake Huron, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

Regulation No. 50, Macomb county.

History

• History: 1979 AC.

Mich. Admin. Code R 281.750.1 Stoney Creek lake {#sec-r-281.750.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.750.1}

Rule 1. On the waters of Stoney Creek lake, township of Washington, county of Macomb, state of Michigan:

(a) Rubber rafts and all floating devices, other than vessels, shall not be used except in swimming areas or special areas designated for their use.

(b) No operator of any vessel shall operate such vessel within areas prohibited to boating.

(c) No operator of any motorboat shall operate such motorboat at a rate of speed greater than 10 statute miles per hour, except an authorized patrol boat or emergency rescue craft.

(d) No operator of any motorboat shall have in tow or shall otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance.

(See R 281.763.2 for regulation covering the part of this lake in Oakland county.)

History

• History: 1979 AC.

Mich. Admin. Code R 281.750.2 Rescinded {#sec-r-281.750.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.750.2}

History

• History: 1979 AC.

Mich. Admin. Code R 281.750.3 Rescinded {#sec-r-281.750.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.750.3}

History

• History: 1979 AC.

Mich. Admin. Code R 281.750.4 Lake St. Clair; certain creeks, channels, and canals {#sec-r-281.750.4 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.750.4}

Rule 4. On the waters of Crepeau (also known as Frog) creek, Marsac creek, and all natural and artificial channels and canals in the city of New Baltimore, county of Macomb, state of Michigan, no operator of any motorboat shall exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.750.5 Lake St. Clair; certain channel {#sec-r-281.750.5 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.750.5}

Rule 5. On the waters of that portion of Lake St. Clair, city of New Baltimore, county of Macomb, state of Michigan, in a channel which extends 500 feet southerly from a harbor entrance at 42o40'21" north latitude and 82o44'17" west longitude, no operator of any motorboat shall exceed a slow--no wake speed. (See R 281.774.1 and R 281.774.2 for regulation covering the part of this lake lying in St. Clair county.)

History

• History: 1979 AC.

Mich. Admin. Code R 281.750.6 Lake St. Clair and channels; slow--no wake speed {#sec-r-281.750.6 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.750.6}

Rule 6. On those waters of Lake St. Clair and natural and artificial canals connecting thereto, city of St. Clair Shores, county of Macomb, state of Michigan, west of a line from a point beginning at the city line between St. Clair Shores and Grosse Pointe Shores at the water's edge, thence 070o true 1,300 feet, thence 340o true 6,500 feet, thence 000o true 7,500 feet more or less to a point due east of the foot of 11 Mile road, thence 270o true 1,300 feet more or less to the shoreline of Lake St. Clair at the foot of said 11 Mile road being latitude 42o29.8' N, no operator of any motorboat shall exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.750.7 Salt river, Vase creek, and certain channels and canals in Chesterfield township; slow--no wake speed {#sec-r-281.750.7 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.750.7}

Rule 7. On the waters of the Salt river, Vase creek and all channels and canals on private claims 146, 147, 192, 193 and 342, sections 22, 23, 26, 27, 28 and 29, town 3 north, range 14 east, township of Chesterfield, county of Macomb, state of Michigan, no operator of any motorboat shall exceed a slow--no wake speed, which means a speed whereby the wake or wash created by the motorboat would be minimal.

History

• History: 1979 AC.

Mich. Admin. Code R 281.750.8 South channel; moorage restriction {#sec-r-281.750.8 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.750.8}

Rule 8. On the waters of South channel, between lots 233 and 234, Anchor Bay Shores subdivision, private claims 146 and 147, town 3 north, range 14 east, township of Chesterfield, county of Macomb, state of Michigan, no vessel shall be moored, docked or anchored or shall in any other manner obstruct or restrict the passage of other vessels, for a distance of 350 feet inland from Lake St. Clair.

History

• History: 1979 AC.

Mich. Admin. Code R 281.750.9 Clinton river; speed restriction {#sec-r-281.750.9 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.750.9}

Rule 9. On the waters of Lake St. Clair and the Clinton river, Harrison township, Macomb county, state of Michigan, westward from the easterly ends of the Clinton river breakwater, no operator of any motorboat shall exceed a slow--no wake speed, which means a very slow speed whereby the wake or wash created by the motorboat would be minimal.

History

• History: 1979 AC.

Mich. Admin. Code R 281.750.10 Black creek and channels and canals in Harrison township; speed restriction {#sec-r-281.750.10 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.750.10}

Rule 10. On the waters of Black creek and the natural and artificial channels and canals in Harrison township, Macomb county, state of Michigan, no operator of any motorboat shall exceed a slow--no wake speed, which means a very slow speed whereby the wake or wash created by the motorboat would be minimal.

Regulation No. 51, Manistee county.

History

• History: 1979 AC.

Mich. Admin. Code R 281.751.1 Manistee harbor, entrance channel; speed restriction {#sec-r-281.751.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.751.1}

Rule 1. On the waters of the Manistee harbor entrance channel eastward from a line connecting the south breakwater light and the north pierhead light to the easterly end of the channel at Manistee lake, city of Manistee, county of Manistee, state of Michigan, no operator of any motorboat shall exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.751.2 Crystal lake; motorboats prohibited {#sec-r-281.751.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.751.2}

Rule 2. On the waters of Crystal lake, sections 12 and 14, town 21 north, range 12 west, township of Norman, county of Manistee, state of Michigan, no person shall operate any vessel propelled by machinery.

History

• History: 1979 AC.

Mich. Admin. Code R 281.751.3 Arcadia lake or Bar lake north portion and canals and channels; slow--no wake speed {#sec-r-281.751.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.751.3}

Rule 3. On the waters of Arcadia lake, also known as Bar lake, sections 10, 15 and 16, town 24 north, range 16 west, township or Arcadia, county of Manistee, state of Michigan, north of a line running due west from the southernmost point of Point Arcadia subdivision to the opposite shore and on the canals and channels connected to Arcadia lake, no operator of any motorboat shall exceed a slow--no wake speed, which means a very slow speed whereby the wake or wash created by the motorboat would be minimal.

History

• History: 1979 AC.

Mich. Admin. Code R 281.751.4 Glovers lake; slow--no wake speed {#sec-r-281.751.4 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.751.4}

Rule 4. On the waters of Glovers lake, sections 12 and 13, town 24 north, range 15 west, Pleasanton township, Manistee county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.751.5 Manistee river; slow--no wake speed {#sec-r-281.751.5 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.751.5}

Rule 5. On the waters of the Manistee river, Manistee township, Manistee county, from 100 feet east of the highway bridge, section 31, town 22 north, range 16 west, downstream to 100 feet below the railroad bridge on section 36, town 22 north, range 17 west, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.751.6 Healy lake; slow--no wake speed {#sec-r-281.751.6 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.751.6}

Rule 6. On the waters of Healy lake, sections 33 and 34, T24N, R14W, Springdale township, Manistee county, it is unlawful for the operator of a vessel to exceed a slow-no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.751.7 Portage lake entrance channel; slow--no wake speed {#sec-r-281.751.7 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.751.7}

Rule 7. On the waters of the entrance channel to Portage lake from Lake Michigan, and for a distance of 200 feet in any direction from the channel in Portage lake, sections 32 and 33, T23N, R16W, Onekama township, Manistee county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

Regulation No. 52, Marquette county.

History

• History: 1979 AC.

Mich. Admin. Code R 281.752.1 Big Shag lake; hours for high-speed boating and water skiing {#sec-r-281.752.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.752.1}

Rule 1. On the waters of Big Shag lake, sections 25, 26 and 36, town 45 north, range 26 west, township of Forsyth, county of Marquette, state of Michigan, no operator of any motorboat, during the period from 6:30 p.m. to 10:00 a.m. of the following day, shall:

(a) Operate such motorboat at high speed, which means a speed at or above which a motorboat reaches a planing condition, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.752.2 Big Shag lake, portion; slow--no wake speed {#sec-r-281.752.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.752.2}

Rule 2. On those waters of Big Shag lake lying between a line from the northwest corner of government lot no. 4 running southwest to the opposite shore and a line 500 feet south therefrom and running from the most easterly to the west shore of the lake, section 25, town 45 north, range 26 west, township of Forsyth, county of Marquette, state of Michigan, no operator of any motorboat shall exceed a slow--no wake speed, which means a very slow speed whereby the wake or wash created by the motorboat would be minimal.

History

• History: 1979 AC.

Mich. Admin. Code R 281.752.3 Little Shag lake; hours for high-speed boating and water skiing {#sec-r-281.752.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.752.3}

Rule 3. On the waters of Little Shag lake, section 31, town 45 north, range 25 west, and section 36, town 45 north, range 26 west, township of Forsyth, county of Marquette, state of Michigan, no operator of any motorboat, during the period from 6:30 p.m. to 10:00 a.m. of the following day, shall:

(a) Operate such motorboat at high speed, which means a speed at or above which a motorboat reaches a planing condition, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.752.4 Johnson lake; hours for high-speed boating and water skiing {#sec-r-281.752.4 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.752.4}

Rule 4. On the waters of Johnson lake, section 27, town 45 north, range 25 west, township of Forsyth, county of Marquette, state of Michigan, no operator of any motorboat, during the period from 6:30 p.m. to 10:00 a.m. of the following day, shall:

(a) Operate such motorboat at high speed, which means a speed at or above which a motorboat reaches a planing condition, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.752.5 Bass lake; hours for high-speed boating and water skiing {#sec-r-281.752.5 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.752.5}

Rule 5. On the waters of Bass lake, sections 30 and 31, town 45 north, range 24 west, and sections 25 and 36, town 45 north, range 25 west, township of Forsyth, county of Marquette, state of Michigan, no operator of any motorboat, during the period from 6:30 p.m. to 10:00 a.m. of the following day, shall:

(a) Operate such motorboat at high speed, which means a speed at or above which a motorboat reaches a planing condition, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.752.6 Farmers lake; hours for high-speed boating and water skiing {#sec-r-281.752.6 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.752.6}

Rule 6. On the waters of Farmers lake, sections 16 and 17, town 45 north, range 24 west, township of Forsyth, county of Marquette, state of Michigan, no operator of any motorboat, during the period from 6:30 p.m. to 10:00 a.m. of the following day, shall:

(a) Operate such motorboat at high speed, which means a speed at or above which a motorboat reaches a planing condition, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.752.7 Clear lake; motorboats prohibited {#sec-r-281.752.7 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.752.7}

Rule 7. On the waters of Clear lake, section 5, town 48 north, range 29 west, Champion township, Marquette county, it is unlawful to operate a motorboat.

History

• History: 1979 AC.

Mich. Admin. Code R 281.752.8 Greenwood reservoir; high-speed boating and water skiing prohibited {#sec-r-281.752.8 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.752.8}

Rule 8. On the waters of Greenwood reservoir, T47N, R28W, Ely township, Marquette county, it is unlawful to:

(a) Operate a vessel at high speed, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, kite, surfboard or other similar contrivance.

Regulation No. 53, Mason county.

History

• History: 1979 AC.

Mich. Admin. Code R 281.753.1 Hamlin lake; south bayou, controlled speed zone {#sec-r-281.753.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.753.1}

Rule 1. On those waters of Hamlin lake, Hamlin township, county of Mason, state of Michigan, commonly known as south bayou, lying easterly of the Lake Shore Drive bridge over said bayou, no operator of any motorboat shall exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.753.2 Hamlin lake; middle bayou, controlled speed zone {#sec-r-281.753.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.753.2}

Rule 2. On those waters of Hamlin lake, Hamlin township, county of Mason, state of Michigan, commonly known as middle bayou, lying easterly of the Lake Shore Drive bridge over said bayou, no operator of any motorboat shall exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.753.3 Hamlin lake; Indian Pete's bayou, controlled speed zone {#sec-r-281.753.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.753.3}

Rule 3. On those waters of Hamlin lake, Hamlin township, county of Mason, state of Michigan, commonly known as Indian Pete's bayou, lying southerly of a line commencing at a point on the south shore of Upper Hamlin lake where the west section line of section 2, T19N, R18W intersects the water's edge, thence due east to the east shore of said bayou, no operator of any motorboat shall exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.753.4 Hamlin lake; Sable river outlet, controlled speed zone {#sec-r-281.753.4 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.753.4}

Rule 4. On the waters of the Sable river outlet of Hamlin lake, Hamlin township, Mason county, state of Michigan, lying westerly of a line beginning at the extreme northernmost point of Block 151 of the map of the Second Addition to Piny Ridge resort, a subdivision of the NW 1/4 of the NE 1/4 and S 1/2 of the NE 1/4 of section 20, T19N, R18W, as recorded in Liber 1 of Plats, page 45, Mason county records, thence across a bay of Hamlin lake on bearing 356o true a distance of 650 feet more or less to a point on a small island in Sable river outlet of Hamlin lake, thence continuing on said bearing 356o true, a distance of 650 feet more or less to the southerly extremity of a larger island in said Sable river outlet located easterly and adjacent to Lost lake in the southerly portion of section 17, T19N, R18W, thence along the easterly shoreline of said island a distance of 1,140 feet more or less to the northerly extremity of said island, thence northwesterly from said point a distance of 425 feet more or less to the northerly end of a foot bridge located along the east side of Lost lake at the outlet of said lake on the west shoreline of Hamlin lake, at a point near the east and west quarter line of section 17, T19N, R18W, no operator of any motorboat shall exceed a slow-no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.753.5 Gun lake; night operations {#sec-r-281.753.5 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.753.5}

Rule 5. On the waters of Gun lake, townships of Sherman and Freesoil, county of Mason, state of Michigan, no operator of any motorboat, during the period from 6:30 p.m. to 10:00 a.m. of the following day, shall:

(a) Operate such motorboat at high speed, which means a speed at or above which a motorboat reaches a planing condition, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.753.6 Ford lake; high-speed boating and water skiing hours {#sec-r-281.753.6 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.753.6}

Rule 6. On the waters of Ford lake, township of Sheridan, county of Mason, state of Michigan, no operator of any motorboat, during the period from 6:30 p.m. to 10:00 a.m. of the following day, shall:

(a) Operate such motorboat at high speed, which means a speed at or above which a motorboat reaches a planing condition, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.753.7 Long lake; hours for high-speed boating and water skiing {#sec-r-281.753.7 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.753.7}

Rule 7. On the waters of Long lake, township of Branch, county of Mason, state of Michigan, no operator of any motorboat, during the period from 6:30 p.m. to 10:00 a.m. of the following day, shall:

(a) Operate such motorboat at high speed, which means a speed at or above which a motorboat reaches a planing condition, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.753.8 Pere Marquette river, from Indian bridge downstream; slow--no wake speed {#sec-r-281.753.8 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.753.8}

Rule 8. On the waters of the Pere Marquette river, Mason county, from Indian bridge, section 23, town 18 north, range 16 west, downstream to the north line of section 26, town 18 north, range 18 west, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

Regulation No. 54, Mecosta county.

History

• History: 1979 AC.

Mich. Admin. Code R 281.754.1 Round, Mecosta, and Blue lakes; hours for high-speed boating and water skiing {#sec-r-281.754.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.754.1}

Rule 1. On the waters of Round lake, Lake Mecosta, and Blue lake, township of Morton, county of Mecosta, state of Michigan, no operator of any motorboat, during the period from 6:30 p.m. to 10:00 a.m. of the following day, shall:

(a) Operate such motorboat at high speed, which means a speed at or above which a motorboat reaches a planing condition, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.754.2 Channels connected to Round, Mecosta, and Blue lakes; speed restriction {#sec-r-281.754.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.754.2}

Rule 2. On the waters of all natural and artificial channels connected to Round lake, Lake Mecosta, and Blue lake, township of Morton, county of Mecosta, state of Michigan, no operator of any motorboat shall exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.754.3 Muskegon river, west branch, from Blue lake downstream to dam; speed restriction {#sec-r-281.754.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.754.3}

Rule 3. On the waters of the west branch of the Muskegon river, township of Morton, county of Mecosta, state of Michigan, from Blue lake downstream to the dam located in section 17 of the township of Morton, a distance of approximately 1/2 mile, no operator of any motorboat shall exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.754.4 Horsehead lake; high-speed boating and water skiing hours {#sec-r-281.754.4 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.754.4}

Rule 4. On the waters of Horsehead lake, sections 15, 16, 21, 22, 27 and 28, town 15 north, range 8 west, township of Martiny, county of Mecosta, state of Michigan, no operator of any motorboat, during the period from 6:30 p.m. to 10:00 a.m. of the following day, shall:

(a) Operate such motorboat at high speed, which means a speed at or above which a motorboat reaches a planing condition, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.754.5 Little John Brown lake; slow--no wake speed {#sec-r-281.754.5 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.754.5}

Rule 5. On the waters of Little John Brown lake, sections 15 and 22, town 15 north, range 8 west, township of Martiny, county of Mecosta, state of Michigan, no operator of any motorboat shall exceed a slow--no wake speed, which means a very slow speed whereby the wake or wash created by the motorboat would be minimal.

History

• History: 1979 AC.

Mich. Admin. Code R 281.754.6 Big John Brown lake; high-speed boating and water skiing hours {#sec-r-281.754.6 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.754.6}

Rule 6. On the waters of Big John Brown lake, section 15, town 15 north, range 8 west, township of Martiny, county of Mecosta, state of Michigan, no operator of any motorboat, during the period from 6:30 p.m. to 10:00 a.m. of the following day, shall:

(a) Operate such motorboat at high speed, which means a speed at or above which a boat reaches a planing condition, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.754.7 School Section lake; hours for high-speed boating and water skiing {#sec-r-281.754.7 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.754.7}

Rule 7. On the waters of School Section lake, sections 16 and 21, town 14 north, range 8 west, Morton township, Mecosta county, an operator of a vessel, during the period from 6:30 p.m. to 10:00 a.m. of the following day, shall not:

(a) Operate such vessel at high speed, which means a speed at or above which a vessel reaches a planing condition, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.754.8 School Section lake canals; slow--no wake speed {#sec-r-281.754.8 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.754.8}

Rule 8. On the waters of the canals connected to School Section lake, in the southwest 1/4 of section 16, town 14 north, range 8 west, Morton township, Mecosta county, an operator of a vessel shall not exceed a slow--no wake speed, which means a very slow speed whereby the wake or wash created by the vessel would be minimal.

History

• History: 1979 AC.

Mich. Admin. Code R 281.754.9 Alma lake; motorboats prohibited {#sec-r-281.754.9 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.754.9}

Rule 9. On the waters of Alma lake, section 32, town 16 north, range 9 west, Grant township, Mecosta county, it is unlawful to operate a motorboat.

History

• History: 1979 AC.

Mich. Admin. Code R 281.754.10 Pretty lake; hours for high-speed boating and water skiing {#sec-r-281.754.10 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.754.10}

Rule 10. On the waters of Pretty lake, sections 11 and 14, town 15 north, range 8 west, Martiny township, Mecosta county, it is unlawful, between the hours of 6:30 p.m. and 10:00 a.m. of the following day, to:

(a) Operate a vessel at high speed, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.754.11 Lake 28; slow--no wake speed {#sec-r-281.754.11 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.754.11}

Rule 11. On the waters of Lake 28, sections 28 and 33, T15N, R7W, Sheridan township, Mecosta county, it is unlawful for the operator of a vessel to exceed a slow- -no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.754.12 Jehnsen lake; hours for high-speed boating and water skiing {#sec-r-281.754.12 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.754.12}

Rule 12. On the waters of Jehnsen lake, sections 9, 10, 15, and 16, T15N, R8W, Martiny township, Mecosta county, it is unlawful, between the hours of 6:30 p.m. and 10 a.m. of the following day, to:

(a) Operate a vessel at high speed.

(b) Have in tow, or otherwise assist in the propulsion of, a person on water skis, a water sled, kite, surfboard, or other similar contrivance.

Regulation No. 55, Menominee county.

History

• History: 1984 AACS.

Mich. Admin. Code R 281.755.1 Long lake {#sec-r-281.755.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.755.1}

Rule 1. On the waters of Long lake, Lake township, Menominee county, state of Michigan, no operator of any motorboat shall have in tow or shall otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance during the period from 6:30 p.m. to 10:00 a.m. of the following day.

History

• History: 1979 AC.

Mich. Admin. Code R 281.755.2 Lake Ann {#sec-r-281.755.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.755.2}

Rule 2. On the waters of Lake Ann, Lake township, Menominee county, state of Michigan, no operator of any motorboat shall:

(a) Operate such motorboat at high speed, or (b) Have in tow or shall otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance.

Regulation No. 56, Midland county.

History

• History: 1979 AC.

Mich. Admin. Code R 281.756.1 Sanford lake, portion of; slow--no wake speed {#sec-r-281.756.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.756.1}

Rule 1. On that portion of the waters of Sanford lake, sections 13 and 24, T15N, R1W, village of Sanford and Jerome township, Midland county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed when within 200 feet of the US- 10 highway bridge.

History

• History: 1979 AC.

Mich. Admin. Code R 281.756.2 Sanford lake, connecting waters; slow--no wake speed {#sec-r-281.756.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.756.2}

Rule 2. On the waters of Black creek, section 11, T15N, R1W, Jerome township, Midland county, from the West River road bridge downstream to Sanford lake, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

Regulation No. 58, Monroe county.

History

• History: 1979 AC.

Mich. Admin. Code R 281.758.1 Swan creek and canals and channels; slow--no wake speed {#sec-r-281.758.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.758.1}

Rule 1. On the waters of Swan creek and all natural and artificial canals and channels in the village of Estral Beach, Monroe county, it shall be unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.758.2 Allen's Cove creek and canals and channels; slow--no wake speed {#sec-r-281.758.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.758.2}

Rule 2. On the waters of Allen's Cove creek and all natural and artificial canals and channels in the city of Luna Pier, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.758.3 Halfway creek, North Maumee bay, Shantee creek, Ottawa river; slow--no wake speed {#sec-r-281.758.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.758.3}

Rule 3. It is unlawful for the operator of a vessel to exceed a slow—no wake speed on the following described waters in Erie township, Monroe county:

(a) On the waters of Halfway creek, sections 32 to 34, T8S, R8E, from the Sudar avenue bridge, easterly to a line drawn from the easternmost point of land in the northwest 1/4 of section 34 to the southernmost point of Indian island thence to the easternmost point of land in the southeast 1/4 of section 34.

(b) On the waters of Shantee creek, section 4, T9S, R8E, and section 33, T8S, R8E, from the Michigan-Ohio state line to its confluence with Halfway creek.

(c) On the waters of the Ottawa river, section 3, T9S, R8E, and section 34, T8S, R8E from the Michigan-Ohio state line to its confluence with North Maumee bay.

History

• History: 1979 AC.

Mich. Admin. Code R 281.758.4 River Raisin, portion of; slow--no wake speed {#sec-r-281.758.4 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.758.4}

Rule 4. On the waters of that portion of the River Raisin from dam no. 6 located easterly of the Detroit and Toledo shoreline railroad trestle, downstream to the west boundary of the River Raisin harbor survey line, city of Monroe, Monroe county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.758.5 Sandy creek bay and north lagoon; slow--no wake speed {#sec-r-281.758.5 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.758.5}

Rule 5. On the waters of Sandy creek bay and the north lagoon at Sterling state park, section 35, T6S, R9E, and section 2, T7S, R9E, Frenchtown township, Monroe county, it is unlawful for the operator of a vessel to exceed a slow-no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.758.6 LaPlaisance creek; slow--no wake speed {#sec-r-281.758.6 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.758.6}

Rule 6. On the waters of LaPlaisance creek, Monroe township, Monroe county, from LaPlaisance road, private claims 416 and 423, downstream to the outer pierhead, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

Regulation No. 59, Montcalm county.

History

• History: 1979 AC.

Mich. Admin. Code R 281.759.1 Little Whitefish lake {#sec-r-281.759.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.759.1}

Rule 1. On the waters of Little Whitefish lake, Pierson township, county of Montcalm, state of Michigan, no operator of any motorboat shall, during the period from 6:30 p.m. to 10:00 a.m. of the following day:

(a) Operate such motorboat at high speed, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.759.2 Bass lake and Rock lake {#sec-r-281.759.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.759.2}

Rule 2. On the waters of Bass lake and Rock lake, Richland township, Montcalm county, state of Michigan, no operator of any motorboat shall, during the period from 6:30 p.m. to 10:00 a.m. of the following day:

(a) Operate such motorboat at high speed, or (b) Have in tow or shall otherwise assist in the propulsion of a person on water skis, water sled, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.759.3 Fifth lake; high-speed boating and water skiing hours {#sec-r-281.759.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.759.3}

Rule 3. On the waters of Fifth lake, township of Belvidere, county of Montcalm, state of Michigan, no operator of any motorboat, during the period from 6:30 p.m. to 10:00 a.m. of the following day, shall:

(a) Operate such motorboat at high speed, which means a speed at or above which a motorboat reaches a planing condition, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.759.4 First to Fourth lakes, and Sixth lake; high-speed boating and water skiing prohibited {#sec-r-281.759.4 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.759.4}

Rule 4. On the waters of First lake, Second lake, Third lake, Fourth lake, and Sixth lake, township of Belvidere, county of Montcalm, state of Michigan, no operator of any motorboat shall:

(a) Operate such motorboat at high speed, which means a speed at or above which a motorboat reaches a planing condition, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.759.5 Channels; slow--no wake speed {#sec-r-281.759.5 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.759.5}

Rule 5. On the waters of the channel connecting First lake and Second lake, the channel connecting Third lake and Fourth lake, and the channel connecting Fourth lake and Fifth lake, no operator of any motorboat shall exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.759.6 Muskelonge lake; high-speed boating and water skiing hours {#sec-r-281.759.6 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.759.6}

Rule 6. On the waters of Muskelonge lake, township of Maple Valley, county of Montcalm, state of Michigan, no operator of any motorboat, during the period from 6:30 p.m. to 10:00 a.m. of the following day, shall:

(a) Operate such motorboat at high speed, which means a speed at or above which a motorboat reaches a planing condition, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.759.7 Horseshoe lake; hours for high-speed boating and water skiing {#sec-r-281.759.7 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.759.7}

Rule 7. On the waters of Horseshoe lake, township of Belvidere, county of Montcalm, state of Michigan, no operator of any motorboat, during the period from 6:30 p.m. to 10:00 a.m. of the following day, shall:

(a) Operate such motorboat at high speed, which means a speed at or above which a motorboat reaches a planing condition, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.759.8 Lake Montcalm; hours for high-speed boating and water skiing {#sec-r-281.759.8 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.759.8}

Rule 8. On the waters of Lake Montcalm, section 31, T12N, R7W, Belvidere township, and section 6, T11N, R7W, Douglass township, Montcalm county, it is unlawful, between the hours of 6:30 p.m. to 10:00 a.m. of the following day, to:

(a) Operate a vessel at high speed.

(b) Have in tow, or otherwise assist in the propulsion of, a person on water skis, water sled, kite, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.759.9 Little Bass (Dawes) lake; slow--no wake speed {#sec-r-281.759.9 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.759.9}

Rule 9. On the waters of Little Bass (Dawes) lake, sections 9 and 16, T12N, R7W, Belvidere township, Montcalm county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.759.10 Rosa (Roosa) lake; slow--no wake speed {#sec-r-281.759.10 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.759.10}

Rule 10. On the waters of Rosa (Roosa) lake, section 25, T10N, R7W, Sidney township, Montcalm county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.759.11 Snow lake; slow--no wake zone {#sec-r-281.759.11 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.759.11}

Rule 11. On the waters of Snow lake, sections 29, 30, 31, and 32, T9N, R6W, Bushnell township, Montcalm county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

Regulation No. 60, Montmorency county.

History

• History: 1982 AACS.

Mich. Admin. Code R 281.760.1 Little Wolf lake; high-speed boating and water skiing hours {#sec-r-281.760.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.760.1}

Rule 1. On the waters of Little Wolf lake, township of Albert, county of Montmorency, state of Michigan, no operator of any motorboat, during the period from 6:30 p.m. to 10:00 a.m. of the following day shall:

(a) Operator such motorboat at high speed, which means a speed at or above which a motorboat reaches a planing condition, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance. (See R 281.768.3 for regulation covering the part of this lake lying in Oscoda county.)

History

• History: 1979 AC.

Mich. Admin. Code R 281.760.2 Ess (S) lake; hours for high-speed boating and water skiing {#sec-r-281.760.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.760.2}

Rule 2. On the waters of Ess (S) lake, sections 31 and 32, T32N, R4E, and sections 5 and 6, T31N, R4E, Montmorency and Hillman townships, Montmorency county, it is unlawful, between the hours of 6:30 p.m. and 10:00 a.m. of the following day, to:

(a) Operate a vessel at high speed, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, kite, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.760.6 Rescinded {#sec-r-281.760.6 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.760.6}

History

• History: 1979 AC.

Mich. Admin. Code R 281.760.7 Thunder Bay river from Rush lake to dam; high-speed boating and water skiing prohibited {#sec-r-281.760.7 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.760.7}

Rule 7. On the waters of the Thunder Bay river, sections 21, 28, 29 and 32, town 32 north, range 3 east, Montmorency township, Montmorency county, from Rush lake downstream to the dam in section 21, town 32 north, range 3 east, it is unlawful to:

(a) Operate a vessel at high speed, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.760.8 Rush lake; hours for high-speed boating and water skiing, slow--no wake speed {#sec-r-281.760.8 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.760.8}

Rule 8. On the waters of Rush lake, sections 31 and 32, town 32 north, range 3 east, Montmorency township, Montmorency county, it is unlawful:

(a) Between the hours of 6:30 p.m. to 10:00 a.m. of the following day, to:

(i) Operate a vessel at high speed, or (ii) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance, or (b) At any time when within 150 feet of a shoreline, to exceed a slow--no wake speed, except when picking up or dropping off water skiers, so long as such operation is otherwise conducted with due regard for the safety of persons and property and in a line perpendicular to the shoreline insofar as it is reasonably possible.

History

• History: 1979 AC.

Mich. Admin. Code R 281.760.9 Gee lake; slow--no wake speed {#sec-r-281.760.9 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.760.9}

Rule 9. On the waters of Gee lake, sections 18 and 19, town 29 north, range 1 east, Albert township, Montmorency county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed. (See R 281.769.6 for that part of Gee lake lying in Otsego county.)

History

• History: 1979 AC.

Mich. Admin. Code R 281.760.10 Grass lake; slow--no wake speed zone {#sec-r-281.760.10 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.760.10}

Rule 10. On the waters of Grass lake, section 25, T32N, R3E, Montmorency township, Montmorency county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed when within 2,500 feet of the lake level control dam.

History

• History: 1979 AC.

Mich. Admin. Code R 281.760.11 Thunder Bay river; high-speed boating and water skiing prohibited {#sec-r-281.760.11 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.760.11}

Rule 11. On the waters of Thunder Bay river in sections 11, 12, 13, and 14, T30N, R2E, Briley township, Montmorency county, it is unlawful to:

(a) Operate a vessel at high speed, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, kite, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.760.12 Crooked lake and Crooked creek; high-speed boating and water skiing prohibited {#sec-r-281.760.12 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.760.12}

Rule 12. On the waters of Crooked lake and Crooked creek, in sections 13, 23, 24, and 26, T30N, R2E, Briley township, Montmorency county, it is unlawful to:

(a) Operate a vessel at high speed, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, kite, surfboard, or other similar contrivance.

Regulation No. 61, Muskegon county.

History

• History: 1979 AC.

Mich. Admin. Code R 281.761.1 Mona lake {#sec-r-281.761.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.761.1}

Rule 1. On the waters of Mona lake, Norton township, county of Muskegon, state of Michigan:

(a) Boats shall be operated at a slow--no wake speed through the channel extending from the Lake Harbor bridge to Lake Michigan.

(b) No operator of any motorboat shall operate his craft in the area from the northeastern abutment of the Lake Harbor Road bridge due east 100 feet, thence northeastward at a distance of 100 feet from and parallel to the north shore of Mona lake for a distance of 1,025 feet, thence 000 degrees true to the northwestern shoreline of Mona lake.

History

• History: 1979 AC.

Mich. Admin. Code R 281.761.2 Channel from Bear lake to Muskegon lake {#sec-r-281.761.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.761.2}

Rule 2. On the waters of Bear lake channel from its head at Bear lake to its mouth at Muskegon lake, a distance of approximately 2,250 feet, no operator of any motorboat shall exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.761.3 Wolf lake; hours for high-speed boating and water skiing {#sec-r-281.761.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.761.3}

Rule 3. On the waters of Wolf lake, township of Eggleston, county of Muskegon, state of Michigan, no operator of any motorboat, during the period from 6:30 p.m. to 10:00 a.m. of the following day, shall:

(a) Operate such motorboat at high speed, which means a speed at or above which a motorboat reaches a planing condition, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.761.4 Duck lake, west portion; slow--no wake speed {#sec-r-281.761.4 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.761.4}

Rule 4. On the waters of Duck lake, section 24, town 11 north, range 18 west, and sections 18 and 19, town 11 north, range 17 west, township of Fruitland, county of Muskegon, state of Michigan, west of a line beginning at a point on the north shore of Duck lake, 800 feet west of Lamos road and running due south to the opposite shore, no operator of any motorboat shall exceed a slow--no wake speed, which means a very slow speed whereby the wake or wash created by the motorboat would be minimal.

History

• History: 1979 AC.

Mich. Admin. Code R 281.761.5 Hart lake; hours for high-speed boating and water skiing {#sec-r-281.761.5 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.761.5}

Rule 5. On the waters of Hart lake, sections 30 and 31, town 12 north, range 15 west, Holton township, Muskegon county, it is unlawful, between the hours of 6:30 p.m. and 10:00 a.m. of the following day, to:

(a) Operate a vessel at high speed, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.761.6 Stahl bayou; slow--no wake speed {#sec-r-281.761.6 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.761.6}

Rule 6. On the waters of Stahl bayou, section 35, T9N, R16W, Fruitport township, Muskegon county, north of the south line of section 35, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

Editor's note: Former R 281.761.6, deriving from 1954 ACS 77 and containing similar provisions, expired by its own terms on January 1, 1977.

History

• History: 1979 AC.

Mich. Admin. Code R 281.761.7 Spring lake; slow--no wake speed {#sec-r-281.761.7 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.761.7}

Rule 7. On the waters of Spring lake, section 36, T9N, R16W, village of Fruitport, Fruitport township, Muskegon county, it is unlawful for:

(a) The operator of a vessel less than 26 feet in length to exceed a slow--no wake speed when within 200 feet of any shore, dock, or pierhead.

(b) The operator of a vessel 26 feet or more in length to exceed a slow--no wake speed. (See R 281.770.9 covering that portion of Spring lake which lies in Ottawa county.)

Editor's note: Former R 281.761.7, deriving from 1954 ACS 77 and containing similar provisions, expired by its own terms on January 1, 1977.

History

• History: 1979 AC.

Mich. Admin. Code R 281.761.8 White lake; slow--no wake speed {#sec-r-281.761.8 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.761.8}

Rule 8. On the waters of White lake, city of Montague and the city of Whitehall, from the highway 31 bridge south to a line which extends in an easterly direction (090o true) from the southernmost portion of Maple Beach park to the nearest landfill, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

Regulation No. 62, Newaygo county.

History

• History: 1983 AACS.

Mich. Admin. Code R 281.762.1 Bills, Sand, Baptist, Nichols, and Brookings lakes {#sec-r-281.762.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.762.1}

Rule 1. On the waters of Bills lake, Sand lake, Baptist lake, Nichols lake and Brookings lake, Newaygo county, state of Michigan, no operator of any motorboat shall have in tow or shall otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance during the period from 6:30 p.m. to 10:00 a.m. of the following day.

Editor's note: This rule has been superseded as to Brookings lake (name changed to Woodland lake) by R 281.762.17.

History

• History: 1979 AC.

Mich. Admin. Code R 281.762.2 Diamond, Pickerel and Kimball lakes {#sec-r-281.762.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.762.2}

Rule 2. On the waters of Diamond lake, Pickerel lake and Kimball lake, Newaygo county, state of Michigan, no operator of any motorboat shall during the period from 6:30 p.m. to 10:00 a.m. of the following day:

(a) Operate such motorboat at high speed.

(b) Have in tow or shall otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.762.3 Channel between Sylvan and Emerald lakes {#sec-r-281.762.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.762.3}

Rule 3. On the waters of the channel connecting Sylvan lake to Emerald lake, Newaygo county, state of Michigan, no operator of any motorboat shall exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.762.4 Brooks lake, bay in government lot 3 of section 28 of Brooks township; speed restriction {#sec-r-281.762.4 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.762.4}

Rule 4. On the waters of that bay of Brooks lake which is entirely in government lot 3 of section 28, Brooks township, county of Newaygo, state of Michigan, no operator of any motorboat shall exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.762.5 Brooks lake, portion in section 29 of Brooks township; high-speed boating and water skiing prohibited {#sec-r-281.762.5 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.762.5}

Rule 5. On the waters of Brooks lake which are in section 29 of Brooks township, county of Newaygo, state of Michigan, no operator of any motorboat shall:

(a) Operate such motorboat at high speed, which means a speed at or above which a motorboat reaches a planing condition, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.762.6 Brooks lake, portion; high-speed boating and water skiing prohibited {#sec-r-281.762.6 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.762.6}

Rule 6. On the waters of that bay of Brooks lake which is partially in government lot 1 of section 28, Brooks township, county of Newaygo, state of Michigan, which lie north of a line drawn due east to the opposite shore of said bay from a permanent metal monument near the west shore of said bay, said monument being 93.33 feet south of the common line between lots 12 and 13 of Joan park, a subdivision of government lot 1, section 28, Brooks township, a plat recorded in Newaygo county liber 4 of plats, page 30, no operator of any motorboat shall:

(a) Operate such motorboat at high speed, which means a speed at or above which a motorboat reaches a planing condition, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.762.7 Robinson lake; hours for high-speed boating and water skiing {#sec-r-281.762.7 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.762.7}

Rule 7. On the waters of Robinson lake, township of Sherman, county of Newaygo, state of Michigan, no operator of any motorboat, during the period from 6:30 p.m. to 10:00 a.m. of the following day, shall:

(a) Operate such motorboat at high speed, which means a speed at or above which a motorboat reaches a planing condition, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.762.8 Ryerson lake; hours for high-speed boating and water skiing {#sec-r-281.762.8 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.762.8}

Rule 8. On the waters of Ryerson lake, sections 27, 28, 33 and 34, town 13 north, range 13 west, township of Sherman, county of Newaygo, state of Michigan, no operator of any motorboat, during the period from 6:30 p.m. to 10:00 a.m. of the following day, shall:

(a) Operate such motorboat at high speed, which means a speed at or above which a motorboat reaches a planing condition, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.762.9 Martin lake; high-speed boating and water skiing prohibited {#sec-r-281.762.9 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.762.9}

Rule 9. On the waters of Martin lake, section 19, town 13 north, range 14 west, Dayton township, Newaygo county, state of Michigan, no operator of any motorboat shall:

(a) Operate such motorboat at high speed, which means a speed at or above which a motorboat reaches a planing condition, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.762.10 Knowles lake; high-speed boating and water skiing prohibited {#sec-r-281.762.10 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.762.10}

Rule 10. On the waters of Knowles lake, section 19, town 13 north, range 14 west, Dayton township, Newaygo county, state of Michigan, no operator of any motorboat shall:

(a) Operate such motorboat at high speed, which means a speed at or above which a motorboat reaches a planing condition, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.762.11 Nichols lake; hours for high-speed boating and water skiing {#sec-r-281.762.11 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.762.11}

Rule 11. On the waters of Nichols lake, sections 31 and 32, town 16 north, range 13 west, Lilley township, and sections 5 and 6, town 15 north, range 13 west, Merrill township, Newaygo county, it is unlawful, between the hours of 6:30 p.m. and 10:00 a.m. of the following day, to:

(a) Operate a vessel at high speed, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.762.12 Lilley lake; high-speed boating and water skiing prohibited {#sec-r-281.762.12 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.762.12}

Rule 12. On the waters of Lilley lake, sections 11 and 12, town 16 north, range 13 west, Lilley township, Newaygo county, it is unlawful to:

(a) Operate a vessel at high speed, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.762.13 Sisson lake; high-speed boating and water skiing prohibited {#sec-r-281.762.13 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.762.13}

Rule 13. On the waters of Sisson lake, section 11, town 16 north, range 13 west, Lilley township, Newaygo county, it is unlawful to: (a) Operate a vessel at high speed, or (b) Have in tow or otherwise assist in the propulsion of a person on waterskis, water sled, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.762.14 Woodland lake, certain bays; slow--no wake speed {#sec-r-281.762.14 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.762.14}

Rule 14. On the bays of Woodland lake, sections 9 and 10, T15N, R13W, Merrill township, Newaygo county, hereinafter described, it is unlawful for the operator of a vessel to exceed a slow--no wake speed west of a line beginning where the west line of lot 1, block 234, Woodland Park subdivision, as extended, intersects the water's edge and thence to where the west line of lot 2, block 16, Woodland Park subdivision, intersects the water's edge.

History

• History: 1979 AC.

Mich. Admin. Code R 281.762.15 East lake; high-speed boating and water skiing prohibited {#sec-r-281.762.15 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.762.15}

Rule 15. On the waters of East lake, section 10, T15N, R13W, Merrill township, Newaygo county, it is unlawful to:

(a) Operate a vessel at high speed, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, kite, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.762.16 East lake channel; slow--no wake speed {#sec-r-281.762.16 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.762.16}

Rule 16. On the waters of the channel from East lake to Woodland lake, section 10, T15N, R13W, Merrill township, Newaygo county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.762.17 Woodland lake; hours for high-speed boating and water skiing {#sec-r-281.762.17 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.762.17}

Rule 17. On the bays of Woodland lake, sections 9 and 10, T15N, R13W, Merrill township, Newaygocounty, it is unlawful between the hours of 6:30 p.m. and 10 a.m. of the following day, to:

(a) Operate a vessel at high speed, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, kite, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.762.18 Bitely lake; hours for high-speed boating and water skiing {#sec-r-281.762.18 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.762.18}

Rule 18. On the waters of Bitely lake, sections 28, 33, and 34, T16N, R13W, Lilley township, Newaygo county, if is unlawful, between the hours of 6:30 p.m. and 10:00 a.m. of the following day, to:

(a) Operate a vessel at high speed, or (b) Have in tow, or otherwise assist in the propulsion of, a person on water skis, a water sled, kite, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.762.19 Pettibone lake; hours for high-speed boating and water skiing {#sec-r-281.762.19 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.762.19}

Rule 19. On the waters of Pettibone lake, sections 13 and 24, T16N, R13W, Lilley township, Newaygo county, it is unlawful, between the hours of 6:30 p.m. and 10:00 a.m. of the following day, to:

(a) Operate a vessel at high speed, or (b) Have in tow, or otherwise assist in the propulsion of, a person on water skis, a water sled, kite, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.762.20 Mill lake; operation of vessel powered by motor {#sec-r-281.762.20 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.762.20}

Rule 20. On the waters of Mill lake, section 27, T16N, R13W, Lilley township, Newaygo county, it is unlawful to operate a vessel powered by a motor except an electric motor.

Regulation No. 63, Oakland county.

History

• History: 1979 AC.

Mich. Admin. Code R 281.763.1 Kent lake {#sec-r-281.763.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.763.1}

Rule 1. On the waters of Kent lake, Milford township and Lyon township, Oakland county, state of Michigan, the following controls apply:

(a) No person shall operate a motorboat at a speed in excess of 10 statute miles per hour, except an authorized patrol boat or emergency rescue craft.

(b) No person shall operate any watercraft so as to tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance, or permit himself to be so towed.

(c) Rubber rafts and all floating devices other than boats, may be used only in swim areas or special designated areas. (See R 281.747.1 for regulation covering the part of this lake in Livingston county.)

History

• History: 1979 AC.

Mich. Admin. Code R 281.763.2 Stoney Creek lake {#sec-r-281.763.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.763.2}

Rule 2. On the waters of Stoney Creek lake, township of Oakland, county of Oakland, state of Michigan:

(a) Rubber rafts and all floating devices, other than vessels, shall not be used except in swimming areas or special areas designated for their use.

(b) No operator of any vessel shall operate such vessel within areas prohibited to boating.

(c) No operator of any motorboat shall operate such motorboat at a rate of speed greater than 10 statute miles per hour, except an authorized patrol boat or emergency rescue craft.

(d) No operator of any motorboat shall have in tow or shall otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance.

(See R 281.750.1 for regulation covering the part of this lake in Macomb county.)

History

• History: 1979 AC.

Mich. Admin. Code R 281.763.3 Big and Little School Lot lakes and connecting channel; high-speed boating and water skiing prohibited {#sec-r-281.763.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.763.3}

Rule 3. On the waters of Big School Lot lake, Little School Lot lake and the waters of the channel connecting Big School Lot lake and Little School Lot lake, section 16, town 4 north, range 7 east, township of Rose, county of Oakland, state of Michigan, no operator of any motorboat shall:

(a) Operate such motorboat at high speed, which means a speed at or above which a motorboat reaches a planing condition, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.763.4 Taylor lake; slow--no wake speed {#sec-r-281.763.4 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.763.4}

Rule 4. On the waters of Taylor lake, section 8, town 4 north, range 7 east, Rose township, Oakland county, an operator of a vessel shall not exceed a slow--no wake speed, which means a very slow speed whereby the wake or wash created by the vessel would be minimal.

History

• History: 1979 AC.

Mich. Admin. Code R 281.763.5 Orchard lake, part adjoining public access site; slow—no wake speed {#sec-r-281.763.5 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.763.5}

Rule 5. On the waters of Orchard lake, sections 14 and 15, town 2 north, range 9 east, city of Orchard Lake Village, Oakland county, for a distance of 200 feet in any direction from the state public access site, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.763.6 Walnut lake; high-speed boating and water skiing hours {#sec-r-281.763.6 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.763.6}

Rule 6. On the waters of Walnut lake, sections 24 and 25, town 2 north, range 9 east, West Bloomfield township, Oakland county, an operator of a vessel, during the period from 6:30 p.m. to 10:00 a.m. of the following day, shall not:

(a) Operate such vessel at high speed, which means a speed at or above which a vessel reaches a planing condition, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.763.7 Buckhorn lake, north basin; slow--no wake speed {#sec-r-281.763.7 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.763.7}

Rule 7. On the waters of Buckhorn lake, sections 21 and 22, town 4 north, range 7 east, Rose township, Oakland county, north of Demode road, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.763.8 Fish lake; slow--no wake speed {#sec-r-281.763.8 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.763.8}

Rule 8. On the waters of Fish lake, section 32, town 4 north, range 7 east, Rose township, Oakland county, it shall be unlawful for an operator of a vessel to exceed a slow--no wake speed, which means a very slow speed whereby the wake or wash created by the vessel would be minimal.

History

• History: 1979 AC.

Mich. Admin. Code R 281.763.9 Lake Orion; prohibited conduct {#sec-r-281.763.9 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.763.9}

Rule 9. (1) On the waters of Lake Orion and the canals and channels connected thereto, sections 2, 3, 10, and 11, T4N, R10E, village of Lake Orion and Orion township, Oakland county, it is unlawful for the operator of a vessel to exceed a slow-no wake speed when within 100 feet of any shore, dock, raft, buoyed or occupied bathing area, or vessel moored or at anchor, except when water skiers are being picked up or dropped off if that operation is otherwise conducted with due regard to the safety of persons and property and in accordance with the laws of this state.

(2) On the waters of Lake Orion and the canals and channels connected thereto, sections 2, 3, 10, and 11, T4N, R10E, village of Lake Orion and Orion township, Oakland county, it is unlawful, during the period of 1 hour after sunset to 1 hour before sunrise, to:

(a) Operate a vessel at high speed.

(b) Have in tow, or otherwise assist in the propulsion of, a person on water skis, a water sled, kite, surfboard, or other similar contrivance.

(3) On the waters of Lake Orion and the canals and channels connected thereto, sections 2, 3, 10, and 11, T4N, R10E, village of Lake Orion and Orion township, Oakland county, it is unlawful at any time to operate a vessel at a speed in excess of 40 miles per hour (64 kilometers per hour).

History

• History: 1979 AC.

Mich. Admin. Code R 281.763.10 Little Square lake {#sec-r-281.763.10 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.763.10}

Rule 10. On the waters of that portion of Square lake lying west of a railroad bridge and locally known as Little Square lake, township of Orion, county of Oakland, state of Michigan, no operator of any motorboat shall exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.763.11 Davison lake; high-speed boating and water skiing prohibited {#sec-r-281.763.11 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.763.11}

Rule 11. On the waters of Davison lake, Brandon township, Oakland county, state of Michigan, no operator of any motorboat shall:

(a) Operate such motorboat at high speed, which means a speed at or above which a motorboat reaches a planing condition, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance. (See R 281.744.2 for regulation covering that part of this lake lying in Hadley township, Lapeer county.)

History

• History: 1979 AC.

Mich. Admin. Code R 281.763.12 Pontiac lake; speed restriction and distance from shoreline and islands {#sec-r-281.763.12 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.763.12}

Rule 12. On the waters of Pontiac lake, township of White Lake and township of Waterford, county of Oakland, state of Michigan, persons operating vessels shall, in addition to the restrictions set forth in section 18 of Act No. 245 of the Public Acts of 1959, as amended, maintain a distance of 100 feet from the shoreline and from any island, except when proceeding at a slow--no wake speed and except when picking up or dropping off water skiers, so long as such operation is otherwise conducted with due regard to the safety of persons and property and in a line perpendicular to the shoreline insofar as it is reasonably possible, and in accordance with the laws of this state.

History

• History: 1979 AC.

Mich. Admin. Code R 281.763.13 Pontiac lake; water skiers' distances {#sec-r-281.763.13 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.763.13}

Rule 13. Persons navigating, steering or controlling themselves while being towed on water skis, water sleds, surfboards or similar contrivances shall maintain a distance of 100 feet from the shoreline and from any island, raft, buoyed or occupied bathing area or vessel moored or at anchor, except when being picked up or dropped off, so long as such operation is otherwise conducted with due regard to the safety of persons and property and in a line perpendicular to the shoreline insofar as it is reasonably possible, and in accordance with the laws of this state.

History

• History: 1979 AC.

Mich. Admin. Code R 281.763.14 Voorheis lake; high-speed boating and water skiing hours {#sec-r-281.763.14 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.763.14}

Rule 14. On the waters of Voorheis lake, township of Orion, county of Oakland, state of Michigan, no operator of any motorboat, during the period from 6:30 p.m. to 10:00 a.m. of the following day, shall:

(a) Operate such motorboat at high speed, which means a speed at or above which a motorboat reaches a planing condition, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.763.15 Heron lake; motorboats prohibited {#sec-r-281.763.15 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.763.15}

Rule 15. On the waters of Heron lake, sections 28 and 29, town 5 north, range 8 east, Groveland township, Oakland county, it is unlawful to operate a motorboat.

History

• History: 1979 AC.

Mich. Admin. Code R 281.763.16 Seymour lake; slow--no wake speed {#sec-r-281.763.16 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.763.16}

Rule 16. On the waters of Seymour lake, sections 27, 34 and 35, town 5 north, range 9 east, Brandon township, Oakland county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.763.17 Cass lake, Gerundegut bay and canals and channels; slow--no wake speed {#sec-r-281.763.17 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.763.17}

Rule 17. On the waters of Gerundegut bay of Cass lake and connected artificial and natural canals and channels, section 3, town 2 north, range 9 east, West Bloomfield township, and sections 33 and 34, town 3 north, range 9 east, Waterford township, Oakland county, beginning at a line running from the point where Algonquin drive intersects the westerly shore and thence northeasterly to the nearest shore, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.763.18 Cedar Island lake, certain bays; slow--no wake speed {#sec-r-281.763.18 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.763.18}

Rule 18. On the bays of Cedar Island lake, town 3 north, range 8 east, White Lake township, Oakland county, hereinafter described, it is unlawful for the operator of a vessel to exceed a slow--no wake speed:

(a) Southerly and westerly of a line beginning where the east line of lot 42, Golden Shores subdivision no. 1, intersects the water's edge and thence to the point where the north line of lot 54, Cedar View subdivision, as extended, intersects the water's edge.

(b) Westerly of a line beginning where the north line of lot 26, Cedar View subdivision, as extended, intersects the water's edge and thence south to the nearest opposite shore.

(c) Southerly from a line beginning where the north line of lot 9, Golden Shores subdivision no. 1, intersects the water's edge and thence westerly to where the north line of lot 39, Golden Shores subdivision no. 1, intersects the water's edge.

(d) Westerly of a line beginning where the east line of lot 75, Cedar Shores subdivision no. 2, intersects the water's edge and thence northerly to the point where the north line of lot 93, Cedar Shores subdivision no. 3, intersects the water's edge.

(e) North of a line beginning where the east line of lot 54, Cedar Shores subdivision no. 1, intersects the water's edge and thence westerly to the point where the south line of lot 23, Cedar Shores subdivision, intersects the water's edge.

(f) West of a line beginning where the west line of lot 148, Cedar Shores subdivision no. 4, meets the most easterly point of lot 139, Cedar Shores subdivision no. 4.

History

• History: 1979 AC.

Mich. Admin. Code R 281.763.19 Huron river adjacent to Cedar Island lake; slow--no wake speed {#sec-r-281.763.19 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.763.19}

Rule 19. On the waters of the Huron river, section 26, town 3 north, range 8 east, White Lake township, Oakland county, from the north line of lot 139, Cedar Shores subdivision no. 4, downstream to the east line of lot 148, Cedar Shores subdivision no. 4, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.763.20 Morris lake; motorboats prohibited {#sec-r-281.763.20 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.763.20}

Rule 20. On the waters of Morris lake, section 22, town 2 north, range 9 east, West Bloomfield township, Oakland county, it is unlawful to operator a motorboat.

History

• History: 1979 AC.

Mich. Admin. Code R 281.763.21 Simpson lake; motorboats prohibited {#sec-r-281.763.21 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.763.21}

Rule 21. On the waters of Simpson lake, section 23, town 2 north, range 9 east, West Bloomfield township, Oakland county, it is unlawful to operate a motorboat.

History

• History: 1979 AC.

Mich. Admin. Code R 281.763.22 Brookfield pond; motorboats prohibited {#sec-r-281.763.22 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.763.22}

Rule 22. On the waters of Brookfield pond, section 13, town 2 north, range 9 east, West Bloomfield township, Oakland county, it is unlawful to operate a motorboat.

History

• History: 1979 AC.

Mich. Admin. Code R 281.763.23 Moon lake; motorboats prohibited {#sec-r-281.763.23 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.763.23}

Rule 23. On the waters of Moon lake, sections 13 and 14, town 2 north, range 9 east, West Bloomfield township, Oakland county, it is unlawful to operate a motorboat.

History

• History: 1979 AC.

Mich. Admin. Code R 281.763.24 Woodpecker lake; motorboats prohibited {#sec-r-281.763.24 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.763.24}

Rule 24. On the waters of Woodpecker lake, sections 20 and 21, town 2 north, rang 9 east, West Bloomfield township, Oakland county, it is unlawful to operate a motorboat.

History

• History: 1979 AC.

Mich. Admin. Code R 281.763.25 Deer lake; hours for high-speed boating and water skiing {#sec-r-281.763.25 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.763.25}

Rule 25. On the waters of Deer lake, sections 19 and 30, T4N, R9E, Independence township, Oakland county, it is unlawful, between the hours of 6:30 p.m. and 10:00 a.m. of the following day, to:

(a) Operate a vessel at high speed, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, kite, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.763.26 Deer lake; limitation of water skiers {#sec-r-281.763.26 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.763.26}

Rule 26. On the waters of Deer lake, sections 19 and 30, T4N, R9E, Independence township, Oakland county, it is unlawful to tow or otherwise assist in the propulsion of more than 2 persons at 1 time on water skis, water sled, kite, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.763.27 Deer lake; slow--no wake speed zone {#sec-r-281.763.27 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.763.27}

Rule 27. On the waters of Deer lake, sections 19 and 30, T4N, R9E, Independence township, Oakland county, north of the south line of the northwest 1/4 of the southeast 1/4, section 19, it is unlawful for the operator of a vessel to exceed a slow-no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.763.28 Wolverine lake; slow--no wake speed {#sec-r-281.763.28 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.763.28}

Rule 28. On the waters of Wolverine lake, sections 22, 23, 27 and 28, T2N, R8E, village of Wolverine lake, Oakland county, northerly of a line from where the west line of lot 23, Stuarts Oak Island subdivision, as extended, intersects the water's edge and thence to the northernmost point of land in outlot "a," Paynes Manor subdivision, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.763.29 Artificial channels and canals, Wolverine lake; slow—no wake speed {#sec-r-281.763.29 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.763.29}

Rule 29. On the waters of all artificial channels and canals connected to Wolverine lake, sections 22, 23, 27 and 28, T2N, R8E, village of Wolverine lake, Oakland county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.763.30 Wolverine lake; hours for high-speed boating and water skiing {#sec-r-281.763.30 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.763.30}

Rule 30. On the waters of Wolverine lake, sections 22, 23, 27 and 28, T2N, R8E, village of Wolverine lake, Oakland county, between the hours of 6:30 p.m. and 10:00 a.m. of the following day, it is unlawful to:

(a) Operate a vessel at high speed, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, kite, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.763.31 Wolverine lake; airboats prohibited {#sec-r-281.763.31 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.763.31}

Rule 31. On the waters of Wolverine lake, sections 22, 23, 27 and 28, T2N, R8E, village of Wolverine lake, Oakland county, it is unlawful to operate an airboat.

History

• History: 1979 AC.

Mich. Admin. Code R 281.763.32 Wolverine lake; slow--no wake speed {#sec-r-281.763.32 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.763.32}

Rule 32. On the waters of Wolverine lake, sections 22, 23, 27 and 28, T2N, R8E, village of Wolverine lake, Oakland county, between a line from where the south line of lot 49, Schulte-Hoffman Spring Park subdivision, as extended, intersects the water's edge and thence easterly to where the north line of lot 20, Shankin's Wolverine Lake subdivision, as extended, meets the water's edge and a line from where the south line of lot 39, Schulte-Hoffman Spring Park subdivision intersects the water's edge and thence easterly to where the south line of lot 12, Shankin's Wolverine Lake subdivision, as extended, meets the water's edge, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.763.33 Loon lake; hours for high-speed boating and water skiing {#sec-r-281.763.33 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.763.33}

Rule 33. On the waters of Loon lake, section 29, T2N, R8E, city of Wixom, Oakland county, it is unlawful, between the hours of 6:30 p.m. and 10:00 p.m. of the following day, to:

(a) Operate a vessel at high speed, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, kite, surfboard or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.763.35 Lower Straits lake canal; slow--no wake speed {#sec-r-281.763.35 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.763.35}

Rule 35. On the waters of the canal connected to Lower Straits lake, section 11, T2N, R8E, Commerce township, Oakland county, north and west of a line from where the south line of lot 29, North Shores subdivision as extended intersects the water's edge and thence easterly to the nearest opposite shore, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.763.36 Cass lake; high-speed boating and water skiing controls {#sec-r-281.763.36 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.763.36}

Rule 36. On the waters of Cass lake, Oakland county, it is unlawful:

(a) Between the hours of 6:30 p.m. and 10:00 a.m. of the following day to operate a vessel at high speed or have in tow or otherwise assist in the propulsion of a person on water skis, water sled, kite, surfboard, or similar contrivance.

(b) At any time to operate a vessel in excess of 50 miles per hour (80 kilometers per hour).

(c) To operate a vessel in excess of a slow--no wake speed in the northerly tip of Coles bay, Waterford township, within the north half of the northwest quarter of the southwest quarter of section 35, T3N, R9E.

History

• History: 1979 AC.

Mich. Admin. Code R 281.763.37 Wolverine lake; slow--no wake speed {#sec-r-281.763.37 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.763.37}

Rule 37. On the waters of Wolverine lake, sections 22, 23, 27 and 28, T2N, R8E, village of Wolverine lake, Oakland county, it is unlawful to anchor or moor a vessel at a distance greater than 100 feet from any shore, between 11:00 a.m. and 7:30 p.m. during June, July and August, except in those parts of Wolverine lake established as slow--no wake zones.

History

• History: 1979 AC.

Mich. Admin. Code R 281.763.38 Middle Straits lake, Commerce township; slow--no wake speed {#sec-r-281.763.38 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.763.38}

Rule 38. On the waters of Middle Straits lake, in sections 12 and 13, T2N, R8E, Commerce township, Oakland county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.763.39 Middle Straits lake, West Bloomfield township {#sec-r-281.763.39 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.763.39}

Rule 39. (1) On that part of the waters of Middle Straits lake located in section 7, T2N, R9E, West Bloomfield township, Oakland county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

(2) On that part of the waters of Middle Straits lake located in sections 17 and 18, T2N, R9E, West Bloomfield township, Oakland county, it is unlawful on Sundays, memorial day, independence day, and labor day, except between the hours of 10:00 a.m. and 6:30 p.m., to:

(a) Operate a vessel at high speed.

(b) Have in tow or otherwise assist in the propulsion of a person on water skis, a water sled, kite, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.763.40 Lakeville lake; prohibited conduct {#sec-r-281.763.40 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.763.40}

Rule 40. (1) On the waters of Lakeville lake and the canals and channels connected thereto, sections 21, 22, 26, 27, and 28, T5N, R11E, Addison township, Oakland county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed when within 100 feet of any shore, dock, raft, buoyed or occupied bathing area, or vessel moored or at anchor, except when water skiers are being picked up or dropped off if that operation is otherwise conducted with due regard to the safety of persons and property and in accordance with the laws of this state.

(2) On the waters of Lakeville lake and the canals and channels connected thereto, sections 21, 22, 26, 27, and 28, T5N, R11E, Addison township, Oakland county, it is unlawful, during the period of 1 hour after sunset to 1 hour before sunrise, to:

(a) Operate a vessel at high speed.

(b) Have in tow, or otherwise assist in the propulsion of, a person on water skis, a water sled, kite, surfboard, or other similar contrivance.

(3) On the waters of Lakeville lake, sections 21, 22, 26, 27, and 28, T5N, R11E, Addison township, Oakland county, it is unlawful at any time to operate a vessel at a speed in excess of 35 miles per hour (56 kilometers per hour).

History

• History: 1979 AC.

Mich. Admin. Code R 281.763.41 Parke lake; high-speed boating and water skiing prohibited {#sec-r-281.763.41 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.763.41}

Rule 41. On the waters of Parke lake, section 20, T4N, R9E, Independence township and village of Clarkston, Oakland county, it is unlawful to:

(a) Operate a vessel at high speed, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, kite, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.763.42 Davis lake; motorboats prohibited {#sec-r-281.763.42 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.763.42}

Rule 42. On the waters of Davis lake, section 28, T5N, R10E, Oxford township, Oakland county, it is unlawful to operate a motorboat.

History

• History: 1979 AC.

Mich. Admin. Code R 281.763.43 Commerce lake; channels and canals; slow--no wake speed {#sec-r-281.763.43 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.763.43}

Rule 43. On the waters of the canals and channels connected to Commerce lake, sections 10, 15, and 16, T2N, R8E, Commerce township, Oakland county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.763.44 Rescinded {#sec-r-281.763.44 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.763.44}

History

• History: 1979 AC; 1992 AACS.

Mich. Admin. Code R 281.763.45 Rescinded {#sec-r-281.763.45 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.763.45}

History

• History: 1979 AC; 1992 AACS.

Mich. Admin. Code R 281.763.46 Mitchell lake; operation of vessel powered by motor {#sec-r-281.763.46 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.763.46}

Rule 46. On the waters of Mitchell lake, sections 4 and 9, T5N, R7E, Holly township, Oakland county, it is unlawful to operate a vessel powered by a motor except an electric motor.

History

• History: 1979 AC.

Mich. Admin. Code R 281.763.47 Dunham lake; motorboats prohibited {#sec-r-281.763.47 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.763.47}

Rule 47. On the waters of Dunham lake, sections 18 and 19, T3N, R7E, Highland township, Oakland county, it is unlawful to operate a motorboat.(See R 281.747.16 for the regulation covering the part of Dunham lake which lies in Livingston county.)

History

• History: 1979 AC.

Mich. Admin. Code R 281.763.48 Sears lake; motorboats prohibited {#sec-r-281.763.48 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.763.48}

Rule 48. On the waters of Sears lake, sections 5 and 8, T2N, R7E, Milford township, Oakland county, it is unlawful to operate a motorboat.

History

• History: 1979 AC.

Mich. Admin. Code R 281.763.49 Cranberry lake; motorboats prohibited {#sec-r-281.763.49 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.763.49}

Rule 49. On the waters of Cranberry lake, section 17, T4N, R9E, Independence township, Oakland county, it is unlawful to operate a motorboat.

History

• History: 1979 AC.

Mich. Admin. Code R 281.763.50 Bogie lake; operation of vessel powered by motor {#sec-r-281.763.50 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.763.50}

Rule 50. On the waters of Bogie lake, section 33, T3N, R8E, White Lake township, Oakland county, it is unlawful to operate a vessel powered by a motor except an electric motor.

History

• History: 1979 AC.

Mich. Admin. Code R 281.763.51 Lake Angela; operation of vessel powered by motor {#sec-r-281.763.51 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.763.51}

Rule 51. On the waters of Lake Angela, section 16, T1N, R7E, Lyon township, Oakland county, it is unlawful to operate a vessel powered by a motor except an electric motor.

History

• History: 1979 AC.

Mich. Admin. Code R 281.763.52 Round lake; motorboats prohibited {#sec-r-281.763.52 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.763.52}

Rule 52. On the waters of Round lake, section 26, T5N, R11E, Addison township, Oakland county, it is unlawful to operate a motorboat.

History

• History: 1979 AC.

Mich. Admin. Code R 281.763.53 Round lake; operation of vessel powered by motor {#sec-r-281.763.53 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.763.53}

Rule 53. On the waters of Round lake, section 2, T4N, R9E, Independence township, Oakland county, it is unlawful to operate a vessel powered by a motor except an electric motor.

History

• History: 1979 AC.

Mich. Admin. Code R 281.763.54 Rescinded {#sec-r-281.763.54 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.763.54}

History

• History: 1992 AACS.

Mich. Admin. Code R 281.763.55 Manitou lake; operation of vessel powered by motor {#sec-r-281.763.55 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.763.55}

Rule 55. On the waters of Manitou lake, sections 34 and 35, T5N, R10E, Oxford township, and sections 2 and 3, T4N, R10E, Orion township, Oakland county, it is unlawful to operate a vessel powered by a motor except an electric motor.

History

• History: 1979 AC.

Mich. Admin. Code R 281.763.56 Cross lake; operation of vessel powered by motor {#sec-r-281.763.56 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.763.56}

Rule 56. On the waters of Cross lake, section 5, T2N, R9E, West Bloomfield township, Oakland county, it is unlawful to operate a vessel powered by a motor except an electric motor.

History

• History: 1979 AC.

Mich. Admin. Code R 281.763.57 Orchard lake; watercraft speed limit {#sec-r-281.763.57 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.763.57}

Rule 57. On the waters of Orchard lake, sections 9, 10, 11, 14, and 15, T2N, R9E, city of Orchard Lake village, Oakland county, it is unlawful at any time to operate a vessel in excess of 40 miles per hour (64 kilometers per hour).

History

• History: 1979 AC.

Mich. Admin. Code R 281.763.58 Stringy lakes (Tan, Clear, Squaw, Second, Spring, Cedar, and Long); watercraft speed limit {#sec-r-281.763.58 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.763.58}

Rule 58. On the waters of Stringy lakes, sections 28 and 29, T5N, R10E, Oxford township, Oakland county, it is unlawful at any time to operate a vessel in excess of 40 miles per hour (64 kilometers per hour).

History

• History: 1980 AACS.

Mich. Admin. Code R 281.763.59 Rescinded {#sec-r-281.763.59 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.763.59}

History

• History: 1979 AC; 1992 AACS.

Mich. Admin. Code R 281.763.60 Mill lake; operation of vessel powered by motor {#sec-r-281.763.60 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.763.60}

Rule 60. On the waters of Mill lake, sections 19 and 20, T4N, R10E, Orion township, Oakland county, it is unlawful to operate a vessel powered by a motor except an electric motor.

History

• History: 1980 AACS.

Mich. Admin. Code R 281.763.61 Harvey lake; operation of vessel powered by motor {#sec-r-281.763.61 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.763.61}

Rule 61. On the waters of Harvey lake, sections 15 and 22, T3N, R7E, Highland township, Oakland county, it is unlawful to operate a vessel powered by a motor except an electric motor.

History

• History: 1980 AACS.

Mich. Admin. Code R 281.763.62 Bass lake; operation of vessel powered by motor {#sec-r-281.763.62 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.763.62}

Rule 62. On the waters of Bass lake, section 16, T2N, R8E, Commerce township, Oakland county, it is unlawful to operate a vessel powered by a motor except an electric motor.

History

• History: 1980 AACS.

Mich. Admin. Code R 281.763.63 Darb lake; operation of vessel powered by motor {#sec-r-281.763.63 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.763.63}

Rule 63. On the waters of Darb lake, sections 4, 5, 8, and 9, T2N, R9E, West Bloomfield township, Oakland county, it is unlawful to operate a vessel powered by a motor except an electric motor.

History

• History: 1980 AACS.

Mich. Admin. Code R 281.763.64 Perry lake; operation of vessel powered by motor {#sec-r-281.763.64 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.763.64}

Rule 64. On the waters of Perry lake, section 21, T5N, R9E, Brandon township, Oakland county, it is unlawful to operate a vessel powered by a motor except an electric motor.

History

• History: 1980 AACS.

Mich. Admin. Code R 281.763.65 Indianwood lake; operation of vessel powered by motor {#sec-r-281.763.65 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.763.65}

Rule 65. On the waters of Indianwood lake, sections 3 and 4, T4N, R10E, Orion township and section 34, T5N, R10E, Oxford township, Oakland county, it is unlawful to operate a vessel powered by a motor except an electric motor.

History

• History: 1980 AACS.

Mich. Admin. Code R 281.763.67 Rescinded {#sec-r-281.763.67 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.763.67}

Regulation No. 64, Oceana county.

History

• History: 1982 AACS; 2014 AACS.

Mich. Admin. Code R 281.764.1 McLaren lake, southwest portion; high-speed boating and water skiing prohibited {#sec-r-281.764.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.764.1}

Rule 1. On all those waters of McLaren lake lying westerly of a line 200 feet east and parallel with the section line common to sections 11 and 12, T14N, R15W, township of Newfield, county of Oceana, state of Michigan, no operator of any motorboat shall:

(a) Operate such motorboat at high speed, which means a speed at or above which a motorboat reaches a planing condition, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.764.2 McLaren lake, northwest bay; high-speed boating and water skiing prohibited {#sec-r-281.764.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.764.2}

Rule 2. On all those waters of McLaren lake lying westerly of a line commencing at a point at the water's edge of said lake approximately 462 feet south of the center post of section 1, T14N, R15W, thence southwesterly to the opposite shore of a bay at a point on the southeast and west 1/8 line of section 1, T14N, R15W, township of Newfield, county of Oceana, state of Michigan, no operator of any motorboat shall:

(a) Operate such motorboat at high speed, which means a speed at or above which a motorboat reaches a planing condition, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.764.3 Pentwater lake and entrance channel; slow--no wake speed {#sec-r-281.764.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.764.3}

Rule 3. On the waters of the Pentwater lake and the entrance channel to Pentwater lake, village of Pentwater and township of Pentwater, county ofOceana, state of Michigan, from the Pentwater entrance channel pierhead to a line drawn from Popp's point in the village of Pentwater westerly to the west shore of Pentwater lake, no operator of any motorboat shall exceed as low--no wake speed, which means a speed whereby the wake or wash created by the motorboat would be minimal.

History

• History: 1979 AC.

Mich. Admin. Code R 281.764.4 Upper Silver lake; high-speed boating and water skiing prohibited {#sec-r-281.764.4 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.764.4}

Rule 4. On the waters of Upper Silver lake, sections 16, 17, 20, and 21, T15N, R18W, Golden township, Oceana county, it is unlawful, between the hours of 6:30 p.m. and 10:00 a.m. of the following day, for the operator of a vessel to:

(a) Operate a vessel at high speed.

(b) Have in tow, or otherwise assist in the propulsion of, a person on water skis, a water sled, kite, surfboard, or other similar contrivance.

History

• History: 1981 AACS.

Mich. Admin. Code R 281.764.5 School Section lake; hours for high-speed boating and water skiing {#sec-r-281.764.5 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.764.5}

Rule 5. On the waters of School Section lake, sections 15 and 16, T16N, R15W, Colfax township, Oceana county, it is unlawful, between the hours of 6:30 p.m. and 10:00 a.m. of the following day, to:

(a) Operate a vessel at high speed, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, kite, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.764.6 School Section lake; slow--no wake speed zone {#sec-r-281.764.6 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.764.6}

Rule 6. On the waters of School Section lake, sections 15 and 16, T16N, R15W, Colfax township, Oceana county, west of a line from the most southerly point of lot 17, Dennis subdivision, southerly to the nearest opposite shore, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

Regulation No. 65, Ogemaw county.

History

• History: 1979 AC.

Mich. Admin. Code R 281.765.1 Horseshoe lake; speed restriction {#sec-r-281.765.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.765.1}

Rule 1. On the waters of Horseshoe lake, Foster township, Ogemaw county, state of Michigan, no operator of any motorboat shall exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.765.2 Lake Ogemaw; Churchill and Mills townships; hours for highspeed boating and water skiing; distance from shore {#sec-r-281.765.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.765.2}

Rule 2. (1) On the waters of Lake Ogemaw, sections 34 and 35, T22N, R3E, Churchill township, and sections 2 and 3, T21N, R3E, Mills township, Ogemaw county, it is unlawful, during the period of May 15 to September 15, on Saturdays, Sundays, memorial day, independence day, and labor day, except between the hours of 10:00 a.m. and 6:30 p.m., to:

(a) Operate a vessel at high speed.

(b) Have in tow, or otherwise assist in the propulsion of, a person on water skis, a water sled, kite, surfboard, or other similar contrivance.

(2) On the waters of Lake Ogemaw, sections 34 and 35, T22N, R3E, Churchill township, and sections 2 and 3, T21N, R3E, Mills township, Ogemaw county, it is unlawful to operate a vessel when within 100 feet of any shore, except when the vessel is proceeding at a slow--no wake speed, or when water skiers are being picked up or dropped off, if that operation is otherwise conducted with due regard to the safety of persons and property and in accordance with the laws of this state.

History

• History: 1979 AC.

Mich. Admin. Code R 281.765.3 Everett lake; high-speed boating and water skiing prohibited {#sec-r-281.765.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.765.3}

Rule 3. On the waters of Everett lake, section 10, town 22 north, range 4 east, township of Logan, county of Ogemaw, state of Michigan, no operator of any motorboat shall:

(a) Operate such motorboat at high speed, which means a speed at or above which a motorboat reaches a planing condition, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.765.4 Little Stylus lake; high-speed boating and water skiing prohibited {#sec-r-281.765.4 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.765.4}

Rule 4. On the waters of Little Stylus lake, section 4, town 22 north, range 4 east, township of Logan, county of Ogemaw, state of Michigan, no operator of any motorboat shall:

(a) Operate such motorboat at high speed, which means a speed at or above which a motorboat reaches a planing condition, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.765.5 Bush lake; high-speed boating and water skiing hours {#sec-r-281.765.5 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.765.5}

Rule 5. On the waters of Bush lake, sections 23 and 26, town 21 north, range 3 east, township of Mills, county of Ogemaw, state of Michigan, no operator of any motorboat, during the period from 6:30 p.m. to 10:00 a.m. of the following day, shall:

(a) Operate such motorboat at high speed, which means a speed at or above which a motorboat reaches a planing condition, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.765.6 Feeding Ground lake; high-speed boating and water skiing hours {#sec-r-281.765.6 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.765.6}

Rule 6. On the waters of Feeding Ground lake, section 25, town 21 north, range 3 east, township of Mills, county of Ogemaw, state of Michigan, no operator of any motorboat, during the period from 6:30 p.m. to 10:00 a.m. of the following day, shall:

(a) Operate such motorboat at high speed, which means a speed at or above which a motorboat reaches a planing condition, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.765.7 Devoe lake; motorboats prohibited {#sec-r-281.765.7 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.765.7}

Rule 7. On the waters of Devoe lake, sections 11 and 12, town 23 north, range 3 east, Cumming township, Ogemaw county, it is unlawful to operate a motorboat.

History

• History: 1979 AC.

Mich. Admin. Code R 281.765.8 Grebe lake; motorboats prohibited {#sec-r-281.765.8 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.765.8}

Rule 8. On the waters of Grebe lake, sections 1 and 12, town 23 north, range 3 east, Cumming township, and section 7, town 23 north, range 4 east, Hill township, Ogemaw county, it is unlawful to operate a motorboat.

History

• History: 1979 AC.

Mich. Admin. Code R 281.765.9 Grousehaven lake; motorboats prohibited {#sec-r-281.765.9 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.765.9}

Rule 9. On the waters of Grousehaven lake, sections 1 and 2, town 23 north, range 3 east, Cumming township, Ogemaw county, it is unlawful to operate a motorboat.

History

• History: 1979 AC.

Mich. Admin. Code R 281.765.10 Jewett lake; motorboats prohibited {#sec-r-281.765.10 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.765.10}

Rule 10. On the waters of Jewett lake, section 11, town 23 north, range 3 east, Cumming township, Ogemaw county, it is unlawful to operate a motorboat.

History

• History: 1979 AC.

Mich. Admin. Code R 281.765.11 Lodge lake; motorboats prohibited {#sec-r-281.765.11 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.765.11}

Rule 11. On the waters of Lodge lake, sections 1 and 12, town 23 north, range 3 east, Cumming township, Ogemaw county, it is unlawful to operate a motorboat.

History

• History: 1979 AC.

Mich. Admin. Code R 281.765.12 Scaup lake; motorboats prohibited {#sec-r-281.765.12 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.765.12}

Rule 12. On the waters of Scaup lake, section 12, town 23 north, range 3 east, Cumming township, Ogemaw county, it is unlawful to operate a motorboat.

History

• History: 1979 AC.

Mich. Admin. Code R 281.765.13 Skidway lake; hours for high-speed boating and water skiing {#sec-r-281.765.13 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.765.13}

Rule 13. On the waters of Skidway lake, section 26, T21N, R3E, Mills township, Ogemaw county, it is unlawful, between the hours of 6:30 p.m. and 10:00 a.m. of the following day, to:

(a) Operate a vessel at high speed, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, kite, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.765.14 Hardwood lake; hours for high-speed boating and water skiing {#sec-r-281.765.14 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.765.14}

Rule 14. On the waters of Hardwood lake, section 6, T21N, R4E, Richland township, Ogemaw county, it is unlawful, between the hours of 6:30 p.m. and 10:00 a.m. of the following day, to:

(a) Operate a vessel at high speed.

(b) Have in tow, or otherwise assist in the propulsion of, a person on water skis, water sled, kite, surfboard, or other similar contrivance.

Regulation No. 66, Ontonagon county.

History

• History: 1979 AC.

Mich. Admin. Code R 281.766.1 Courtney lake; slow--no wake speed {#sec-r-281.766.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.766.1}

Rule 1. On the waters of Courtney lake, sections 4 and 9, town 50 north, range 37 west, township of Bohemia, county of Ontonagon, state of Michigan, no operator of any motorboat shall exceed a slow--no wake speed, which means a speed whereby the wake or wash created by the motorboat would be minimal.

Regulation No. 67, Osceola county.

History

• History: 1979 AC.

Mich. Admin. Code R 281.767.1 Center lake; high-speed boating and water skiing prohibited {#sec-r-281.767.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.767.1}

Rule 1. On the waters of Center lake, sections 21 and 22, town 20 north, range 9 west, Sherman township, Osceola county, it is unlawful to:

(a) Operate a vessel at high speed, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.767.2 Tiff lake; high-speed boating and water skiing prohibited {#sec-r-281.767.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.767.2}

Rule 2. On the waters of Tiff lake, sections 16 and 17, T17N, R8W, Evart township, Osceola county, it is unlawful to:

(a) Operate a vessel at high speed.

(b) Have in tow, or otherwise assist in the propulsion of, a person on water skis, a water sled, kite, surfboard, or other similar contrivance.

Regulation No. 68, Oscoda county.

History

• History: 1979 AC.

Mich. Admin. Code R 281.768.1 Loon, Perry, and Tee lakes {#sec-r-281.768.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.768.1}

Rule 1. On the waters of Loon lake, Perry lake and Tee lake, Oscoda county, state of Michigan, no operator of any motorboat shall have in tow or shall otherwise assist in the propulsion of a person on water skis, water sled, surfboard, or other similar contrivance during the period from 6:30 p.m. to 10:00 a.m. of the following day.

Cross-references: As to Tea lake (also called Tee lake), see also R 281.768.4 and R 281.768.5.

History

• History: 1979 AC.

Mich. Admin. Code R 281.768.2 McCollum lake {#sec-r-281.768.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.768.2}

Rule 2. On the waters of McCollum lake, Oscoda county, state of Michigan, no operator of any motorboat shall have in tow or shall otherwise assist in the propulsion of a person on water skis, water sled, surfboard, or other similar contrivance during the period from 6:30 p.m. to 10:00 a.m. of the following day.

(See R 281.701.2 for regulation covering the part of this lake lying in Alcona county.)

History

• History: 1979 AC.

Mich. Admin. Code R 281.768.3 Little Wolf lake; high-speed boating and water skiing hours {#sec-r-281.768.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.768.3}

Rule 3. On the waters of Little Wolf lake, township of Greenwood, county of Oscoda, state of Michigan, no operator of any motorboat, during the period from 6:30 p.m. to 10:00 a.m. of the following day, shall:

(a) Operate such motorboat at high speed, which means a speed at or above which a motorboat reaches a planing condition, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard, or other similar contrivance. (See R 281.760.1 for regulation covering the part of this lake lying in Montmorency county.)

History

• History: 1979 AC.

Mich. Admin. Code R 281.768.4 Tea lake; hours for high-speed boating and water skiing {#sec-r-281.768.4 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.768.4}

Rule 4. On the waters of Tea lake, sections 2, 3, 10 and 11, T28N, R1E, Greenwood township, Oscoda county, it is unlawful between the hours of of 6:30 p.m. and 10:00 a.m. of the following day, to:

(a) Operate a vessel at high speed, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, kite, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.768.5 Tea lake; slow--no wake speed zone {#sec-r-281.768.5 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.768.5}

Rule 5. On the waters of Tea lake, sections 2, 3, 10 and 11, T28N, R1E, Greenwood township, Oscoda county, south of a line from where the north line of lot 23, T-La-Ka Park No. 1 subdivision, as extended, intersects the water's edge and thence west to the nearest opposite shore, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

Regulation No. 69, Otsego county.

History

• History: 1979 AC.

Mich. Admin. Code R 281.769.1 Perch lakes; slow--no wake speed {#sec-r-281.769.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.769.1}

Rule 1. On the waters of Perch lakes, section 30, town 30 north, range 3 west, Bagley township, Otsego county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.769.2 Bradford lake; hours for high-speed boating and water skiing {#sec-r-281.769.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.769.2}

Rule 2. On the waters of Bradford lake, sections 29, 31 and 32, town 29 north, range 3 west, Otsego lake township, Otsego county, it is unlawful, between the hours of 6:30 p.m. and 10:00 a.m. of the following day, to:

(a) Operate a vessel at high speed, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard, or other similar contrivance. (See R 281.720.8 for that part of Bradford lake which lies in Crawford county.)

History

• History: 1979 AC.

Mich. Admin. Code R 281.769.3 Heart lake; hours for high-speed boating and water skiing {#sec-r-281.769.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.769.3}

Rule 3. On the waters of Heart lake, section 20, town 29 north, range 3 west, Otsego Lake township, Otsego county, it is unlawful, between the hours of 6:30 p.m. and 10:00 a.m. of the following day, to:

(a) Operate a vessel at high speed, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.769.4 Heart lake, west part; slow--no wake speed {#sec-r-281.769.4 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.769.4}

Rule 4. On the waters of Heart lake, section 20, towns 29 north, range 3 west, Otsego Lake township, Otsego county, west of a line beginning where the west line of lot 44, Heart Lake subdivision no. 2, intersects the shore of the lake and thence southerly to where the west line of lot 83, Heart Lake subdivision no. 2, intersects the shore, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.769.5 Clear lake; high-speed boating and water skiing prohibited {#sec-r-281.769.5 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.769.5}

Rule 5. On the waters of Clear lake, section 7, town 29 north, range 1 west, Charlton township, Otsego county, it is unlawful to:

(a) Operate a vessel at high speed, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.769.6 Gee lake; slow--no wake speed {#sec-r-281.769.6 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.769.6}

Rule 6. On the waters of Gee lake, sections 13 and 24, town 29 north, range 1 west, Charlton township, Otsego county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed. (See R 281.760.9 for that part of Gee lake lying in Montmorency county.)

History

• History: 1979 AC.

Mich. Admin. Code R 281.769.7 Traverse lakes; slow--no wake speed {#sec-r-281.769.7 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.769.7}

Rule 7. On the waters of the Traverse lakes, sections 23 and 24, town 30 north, range 1 west, Charlton township, Otsego county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.769.8 Opal lake; hours for high-speed boating and water skiing {#sec-r-281.769.8 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.769.8}

Rule 8. On the waters of Opal lake, sections 1 and 12, town 29 north, range 3 west, Otsego Lake township, Otsego county, it is unlawful, between the hours of 6:30 p.m. and 10:00 a.m. of the following day, to:

(a) Operate a vessel at high speed, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.769.9 Section One lake; water skiing and high-speed boating prohibited {#sec-r-281.769.9 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.769.9}

Rule 9. On the waters of Section One lake, section 36, town 29 north, range 3 west, Otsego Lake township, Otsego county, it is unlawful to:

(a) Operate a vessel at high speed, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard, or other similar contrivance. (See R 281.720.9 for the regulation covering that part of Section One lake that lies in Crawford county.)

History

• History: 1979 AC.

Mich. Admin. Code R 281.769.10 Big lake; slow--no wake speed zone {#sec-r-281.769.10 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.769.10}

Rule 10. On the waters of Big lake, section 8, T30N, R2W, Chester township, Otsego county, between a line from where the west line of lot 6, supervisor's plat of Shallow Shores subdivision, as extended, intersects the water's edge and thence to the most westerly point of Hilton island and a line from where the west line of lot 22, supervisor's plat of Shallow Shores subdivision, as extended, intersects the water's edge and thence to the most easterly point of Hilton island, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.769.11 Big lake; hours for high-speed boating and water skiing {#sec-r-281.769.11 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.769.11}

Rule 11. On the waters of Big lake, section 8, T30N, R2W, Chester township, Otsego county, it is unlawful, between the hours of 6:30 p.m. and 10:00 a.m. of the following day, to:

(a) Operate a vessel at high speed, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, kite, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.769.12 Little Bear lake; hours for high-speed boating and water skiing {#sec-r-281.769.12 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.769.12}

Rule 12. On the waters of Little Bear lake, section 35, T30N, R1W, and section 2, T29N, R1W, Charlton township, Otsego county, it is unlawful, between the hours of 6:30 p.m. and 10:00 a.m. of the following day, to:

(a) Operate a vessel at high speed, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, kite, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.769.13 Pickerel lake; operation of vessel powered by motor {#sec-r-281.769.13 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.769.13}

Rule 13. On the waters of Pickerel lake, section 11, T32N, R2W, Corwith township, Otsego county, it is unlawful to operate a vessel powered by a motor except an electric motor.

Regulation No. 70, Ottawa county.

History

• History: 1979 AC.

Mich. Admin. Code R 281.770.1 Rescinded {#sec-r-281.770.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.770.1}

History

• History: 1979 AC; 2017 AACS.

Mich. Admin. Code R 281.770.2 Rescinded {#sec-r-281.770.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.770.2}

History

• History: 1998-2000 AACS.

Mich. Admin. Code R 281.770.3 Rescinded {#sec-r-281.770.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.770.3}

History

• History: 1979 AC; 2017 AACS.

Mich. Admin. Code R 281.770.4 Grand river in Spring Lake village; slow--no wake speed {#sec-r-281.770.4 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.770.4}

Rule 4. On the waters of the Grand river, sections 15, 16, 21 and 22, town 8 north, range 16 west, Spring Lake village, Ottawa county, beginning at the entrance to Spring lake and continuing in an easterly direction for a distance of 4,000 feet, it shall be unlawful for an operator of a vessel to exceed a slow--no wake speed when within 200 feet of the north shore.Slow--no wake speed means a very slow speed whereby the wake or wash created by the vessel would be minimal.

History

• History: 1979 AC.

Mich. Admin. Code R 281.770.5 Spring lake entrance channel; slow--no wake speed {#sec-r-281.770.5 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.770.5}

Rule 5. On the waters of the entrance channel to Spring lake, section 16, town 8 north, range 16 west, Spring Lake village, Ottawa county, from the Grand river, northerly to the Grand Trunk railway bridge, it shall be unlawful for an operator of a vessel to exceed a slow--no wake speed, which means a very slow speed whereby the wake or wash created by the vessel would be minimal.

History

• History: 1979 AC.

Mich. Admin. Code R 281.770.6 Grand river in Grand Haven township; slow--no wake speed {#sec-r-281.770.6 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.770.6}

Rule 6. On the waters of the Grand river in section 1, town 7 north, range 16 west, Grand Haven township, Ottawa county, it shall be unlawful for an operator of a vessel to exceed a slow--no wake speed, which means a very slow speed whereby the wake or wash created by the vessel would be minimal.

History

• History: 1979 AC.

Mich. Admin. Code R 281.770.7 Millhouse bayou; slow--no wake speed {#sec-r-281.770.7 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.770.7}

Rule 7. On the waters of Millhouse bayou, section 1, town 7 north, range 16 west, Grand Haven township, Ottawa county, from Mercury Drive bridge to the Grand river, it shall be unlawful for an operator of a vessel to exceed a slow--no wake speed, which means a very slow speed whereby the wake or wash created by the vessel would be minimal.

History

• History: 1979 AC.

Mich. Admin. Code R 281.770.8 Pottawatomie bayou; slow--no wake speed {#sec-r-281.770.8 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.770.8}

Rule 8. On the waters of Pottawatomie bayou, section 36, town 8 north, range 16 west, Grand Haven township, Ottawa county, for a distance of 500 feet westerly from Grand river, it shall be unlawful for an operator of a vessel to exceed a slow--no wake speed, which means a very slow speed whereby the wake or wash created by the vessel would be minimal.

History

• History: 1979 AC.

Mich. Admin. Code R 281.770.9 Spring lake; slow--no wake speed {#sec-r-281.770.9 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.770.9}

Rule 9. On the waters of Spring lake adjacent to the city of Ferrysburg, village of Spring Lake, Spring Lake township, Ottawa county, it is unlawful for:

(a) The operator of a vessel less than 26 feet in length to exceed a slow--no wake speed when within 200 feet of any shore, dock, or pierhead.

(b) The operator of a vessel 26 feet or more in length to exceed a slow--no wake speed. (See R 281.761.7, covering that portion of Spring lake which lies in Muskegon county.)

Editor's note: Former R 281.770.9, deriving from ACS 77, and containing similar provisions, expired by its own terms on January 1, 1977.

History

• History: 1979 AC.

Mich. Admin. Code R 281.770.10 Spring lake and connected waters; slow--no wake speed {#sec-r-281.770.10 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.770.10}

Rule 10. It is unlawful for the operator of a vessel to exceed a slow--no wake speed on the following described waters in the city of Ferrysburg, village of Spring Lake, Spring Lake township, Ottawa county:

(a) Smith bayou: On the waters of Smith bayou, sections 9, 15, and 16, T8N, R16W, city of Ferrysburg, Ottawa county, northwesterly of a line beginning where the centerline of Reenders street, as extended, intersects the water's edge and thence southwesterly to the nearest opposite shore.

(b) Hammond bayou: On the waters of Hammond bayou, sections 11 and 14, T8N, R16W, Spring Lake township, Ottawa county, easterly of a line beginning where the east line of lot 20, plat of Longview, intersects the water's edge and thence southerlyto the nearest opposite shore.

(c) Cornelius bayou: On the waters of Cornelius bayou, sections 2 and 3, T8N, R16W, Spring Lake township, Ottawa county, west of a line beginning where the west line of lot 24, Belle Point subdivision, intersects the water's edge and thence southwestly to the nearest opposite shore.

(d) Stahl bayou: On the waters of Stahl bayou, section 2, T8N, R16W, Spring Lake township, Ottawa county, north of a line from the easternmost point of lot 7, Belle Point subdivision, northeasterly to the nearest opposite shore.

Editor's note: Former R 281.770.10, deriving from ACS 77, and containing similar provisions, expired by its own terms on January 1, 1977.

History

• History: 1979 AC.

Mich. Admin. Code R 281.770.11 Grand river; slow--no wake speed {#sec-r-281.770.11 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.770.11}

Rule 11. On the waters of the Grand river, section 31, town 8 north, range 15 west, Crockery and Robinson townships, Ottawa county, from its confluence with Indian channel upstream 3,500 feet, it is unlawful for an operator of a vessel to exceed a slow- -no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.770.12 Grand river; slow--no wake speed {#sec-r-281.770.12 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.770.12}

Rule 12. On the waters of the Grand river, sections 33 and 34, town 8 north, range 15 west, Crockery and Robinson townships, Ottawa county, from a point where 120th avenue, as extended, meets the water's edge, downstream for 2,500 feet and upstream for 1,500 feet, it is unlawful for an operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.770.13 Rescinded {#sec-r-281.770.13 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.770.13}

History

• History: 1979 AC; 2001 AACS.

Mich. Admin. Code R 281.770.14 Lake Macatawa, Kollen park; slow--no wake speed {#sec-r-281.770.14 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.770.14}

Rule 14. On the waters of Lake Macatawa, city of Holland and township of Park, county of Ottawa, east of a line beginning where Cleveland avenue as extended meets the water's edge, and thence north to the nearest opposite shore, to a line beginning where Washington boulevard as extended intersects the water's edge, and thence north to the nearest opposite shore, it is unlawful for:

(a) The operator of a vessel less than 26 feet in length to exceed a slow--no wake speed when within 200 feet of any shore, dock, or pierhead.

(b) The operator of a vessel 26 feet or more in length to exceed a slow--no wake speed when within 600 feet of any shore, dock, or pierhead.

History

• History: 1979 AC.

Mich. Admin. Code R 281.770.15 Macatawa river, city of Holland; slow--no wake speed {#sec-r-281.770.15 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.770.15}

Rule 15. On the waters of the Macatawa river, city of Holland, county of Ottawa, from a line from where Fourth street as extended west intersects the water's edge and thence northeasterly to the nearest north shore, upstream to a point 1,500 feet upstream from the North River Avenue bridge, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.770.16 Rescinded {#sec-r-281.770.16 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.770.16}

History

• History: 1979 AC; 2018 AACS.

Mich. Admin. Code R 281.770.17 Grand river, entrance channel; slow--no wake speed {#sec-r-281.770.17 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.770.17}

Rule 17. On the waters of the Grand river and entrance channel, sections 19, 20, 29 and 30, T8N, R16W, city of Grand Haven, Ottawa county, from the entrance channel pierhead upstream to a line drawn from the north shore of South channel, at its confluence with the Grand river, westerly to the west shore of the Grand river, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.770.18 Grand river, South channel; slow--no wake speed {#sec-r-281.770.18 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.770.18}

Rule 18. On the waters of South channel, sections 20 and 21, T8N, R16W,city of Grand Haven, Ottawa county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.770.19 Grand river; slow--no wake speed {#sec-r-281.770.19 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.770.19}

Rule 19. On the waters of the Grand river, sections 16, 17, 20 and 21, T8N, R16W, city of Grand Haven, Ottawa county, from the Grand Trunk railway bridge downstream for 3,200 feet and upstream for 1,000 feet, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.770.20 Grand river; slow--no wake speed {#sec-r-281.770.20 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.770.20}

Rule 20. On the waters of the Grand river, sections 16 and 21, T8N, R16W, city of Grand Haven, Ottawa county, from buoy no. 14, which lies 600 feet, more or less, upstream from U.S. 31 highway bridge, westerly to the west shore, and along the westerly shore to the entrance of South channel and when within 300 feet of the shoreline, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.770.21 Lake Macatawa entrance channel; swimming prohibited {#sec-r-281.770.21 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.770.21}

Rule 21. On the waters of the entrance channel to Lake Macatawa from Lake Michigan, section 33, T5N, R16W, Park township, Ottawa county, it is unlawful for a person to swim.

History

• History: 1979 AC.

Mich. Admin. Code R 281.770.27 Spring lake; slow--no wake speed zone {#sec-r-281.770.27 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.770.27}

Rule 27. On that portion of the waters of Spring lake located within section 16, T8N, R16W, city of Ferrysburg, Ottawa county, and village of Spring Lake, Ottawa county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

Regulation No. 71, Presque Isle county.

History

• History: 1982 AACS.

Mich. Admin. Code R 281.771.1 Rainy river from mouth to Cold creek; speed restriction {#sec-r-281.771.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.771.1}

Rule 1. On the waters of Rainy river, township of North Allis, county of Presque Isle, state of Michigan, from its mouth located in the northwest 1/4 of the southeast 1/4 of section 5, town 35 north, range 2 east, to its confluence with Cold creek located in the southwest 1/4 of the northeast 1/4 of section 5, town 35 north, range 2 east, no operator of any vessel shall exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.771.2 Lost lake; high-speed boating and water skiing prohibited {#sec-r-281.771.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.771.2}

Rule 2. On the waters of Lost lake, sections 32 and 33, town 34 north, range 4 east, Bismarck township, Presque Isle county, it is unlawful to:

(a) Operate a vessel at high speed, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.771.3 Sunken lake; high-speed boating and water skiing prohibited {#sec-r-281.771.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.771.3}

Rule 3. On the waters of Sunken lake, sections 32 and 33, town 33 north, range 6 east, Posen township, Presque Isle county, it shall be unlawful to:

(a) Operate a vessel at high speed, which means a speed at or above which a vessel reaches a planing condition, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.771.4 Lake Nettie except its most southern bay; hours for high-speed boating and water skiing {#sec-r-281.771.4 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.771.4}

Rule 4. On the waters of Lake Nettie, sections 29 to 32, town 34 north, range 4 east, Bismarck township, Presque Isle county, except the bay in the southeast 1/4 of section 31, it is unlawful, between the hours of 6:30 p.m. and 10:00 a.m. of the following day, to:

(a) Operate a vessel at high speed, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.771.5 Bay of Lake Nettie; slow--no wake speed {#sec-r-281.771.5 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.771.5}

Rule 5. On the waters of the bay of Lake Nettie, in the southeast 1/4 of section 31, town 34 north, range 4 east, Bismarck township, Presque Isle county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.771.6 Unnamed lake connected to Lake Nettie; slow--no wake speed {#sec-r-281.771.6 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.771.6}

Rule 6. On the waters of the unnamed lake, known locally as Wilson lake, section 31, town 34 north, range 4 east, Bismarck township, Presque Isle county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.771.7 Lake May; hours for high-speed boating and water skiing {#sec-r-281.771.7 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.771.7}

Rule 7. On the waters of Lake May, sections 9, 10, 15 and 16, town 33 north, range 4 east, Bismarck township, Presque Isle county, it is unlawful, between the hours of 6:30 p.m. and 10:00 a.m. of the following day, to:

(a) Operate a vessel at high speed, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, kite, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.771.8 Lake May, south basin; slow--no wake speed {#sec-r-281.771.8 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.771.8}

Rule 8. On the waters of Lake May, sections 9, 10, 15 and 16, town 33 north, range 4 east, Bismarck township, Presque Isle county, east and south of a line from the easternmost part of lot 6, Henrich's Lake May subdivision to the nearest opposite shore, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.771.9 Big Tomahawk lake, Little Tomahawk lake, Shoepac lake, Francis lake, and Bear Den lake; high-speed boating and water skiing prohibited {#sec-r-281.771.9 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.771.9}

Rule 9. On the waters of Big Tomahawk lake, Little Tomahawk lake, Shoepac lake, Francis lake, and Bear Den lake, sections 15, 21, 22, 23, 27, and 32, T33N, R2E, Allis township, Presque Isle county, it is unlawful for the operator of a vessel to:

(a) Operate a vessel at high speed.

(b) Have in tow, or otherwise assist in the propulsion of, a person on water skis, a water sled, kite, surfboard, or other similar contrivance.

Regulation No. 72, Roscommon county.

History

• History: 1980 AACS.

Mich. Admin. Code R 281.772.1 South branch AuSable river and Mud lake; slow--no wake speed {#sec-r-281.772.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.772.1}

Rule 1. On the waters of the south branch of the AuSable river and Mud lake, sections 8, 9 and 16, T23N, R1W, Richfield township, Roscommon county, from the dam on section 8, upstream to Lake St. Helen, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.772.2 Artificial canal connected to Houghton lake; slow--no wake speed {#sec-r-281.772.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.772.2}

Rule 2. On the waters of that artificial canal, connected to Houghton lake, in the southwest 1/4 of section 10, T23N, R4W, Lake township, Roscommon county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.772.3 Artificial canals connected to Houghton lake; slow--no wake speed {#sec-r-281.772.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.772.3}

Rule 3. On the waters of the artificial canals, connected to Houghton lake, in section 23, T23N, R4W, Lake township, Roscommon county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.772.4 Artificial canals connected to Houghton lake; slow--no wake speed {#sec-r-281.772.4 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.772.4}

Rule 4. On the waters of the artificial canals, connected to Houghton lake, in section 21, T23N, R4W, Lake township, Roscommon county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.772.5 Artificial canals connected to Houghton lake; slow--no wake speed {#sec-r-281.772.5 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.772.5}

Rule 5. On the waters of the artificial canals, connected to Houghton lake, in section 34, T23N, R4W, Lake township, Roscommon county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.772.6 Muskegon river; slow--no wake speed zone {#sec-r-281.772.6 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.772.6}

Rule 6. On the waters of the Muskegon river, section 10, T23N, R4W, Lake township, Roscommon county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.772.7 Artificial canals connected to Muskegon river; slow--no wake speed {#sec-r-281.772.7 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.772.7}

Rule 7. On the waters of the artificial canals, connected to the Muskegon river, section 10, T23N, R4W, Lake township, Roscommon county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.772.8 Lake St. Helen, canals and channels; slow--no wake speed {#sec-r-281.772.8 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.772.8}

Rule 8. On the waters of the canals and channels connected to Lake St. Helen, in section 30, T23N, R1W, Richfield township, Roscommon county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.772.9 Houghton lake; canals and channels; slow--no wake speed {#sec-r-281.772.9 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.772.9}

Rule 9. On the waters of the canals and channels connected to Houghton lake in sections 2, 9, 10, and 15, T22N, R3W, Denton township, Roscommon county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

Regulation No. 74, St. Clair county.

History

• History: 1979 AC.

Mich. Admin. Code R 281.774.1 Lake St. Clair; certain creeks, channels, and canals {#sec-r-281.774.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.774.1}

Rule 1. On the waters of Crepeau (also known as Frog) creek, Marsac creek, and all natural and artificial channels and canals in the city of New Baltimore, county of St. Clair, state of Michigan, no operator of any motorboat shall exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.774.2 Lake St. Clair; certain channel {#sec-r-281.774.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.774.2}

Rule 2. On the waters of that portion of Lake St. Clair, city of New Baltimore, county of St. Clair, state of Michigan, in a channel which extends 500 feet southerly from a harbor entrance at 42o40'21" north latitude and 82o44'17" west longitude, no operator of any motorboat shall exceed a slow--no wake speed. (See R 281.750.4 and R 281.750.5 for regulation covering the part of this lake lying in Macomb county.)

History

• History: 1979 AC.

Mich. Admin. Code R 281.774.3 Black river, from mouth to Grand Trunk bridge; speed restriction {#sec-r-281.774.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.774.3}

Rule 3. On the waters of the Black river, commencing at its mouth at the St. Clair river to the Grand Trunk Western railroad bridge, a distance of 8,000 feet, more or less, city of Port Huron, county of St. Clair, state of Michigan, no operator of any motorboat shall exceed a slow--no wake speed, which means a very slow speed whereby the wake or wash created by the motorboat would be minimal.

History

• History: 1979 AC.

Mich. Admin. Code R 281.774.4 Black river, adjacent to highway 94 bridge, part in city of Port Huron; speed restriction {#sec-r-281.774.4 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.774.4}

Rule 4. On the waters of the Black river, commencing at a point 600 feet southeast of the interstate highway 94 bridge to a point 800 feet northwest of the bridge, city of Port Huron, county of St. Clair, state of Michigan, no operator of any motorboat shall exceed a slow--no wake speed, which means a very slow speed whereby the wake or wash created by the motorboat would be minimal.

History

• History: 1979 AC.

Mich. Admin. Code R 281.774.5 Black river, adjacent to intersection with canal, part in city of Port Huron; speed restriction {#sec-r-281.774.5 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.774.5}

Rule 5. On the waters of the Black river, commencing at a point 1,000 feet south of the intersection of the Black river and the Black river canal to a point 500 feet northwest of the intersection, city of Port Huron, county of St. Clair, state of Michigan, no operator of any motorboat shall exceed a slow--no wake speed, which means a very slow speed whereby the wake or wash created by the motorboat would be minimal.

History

• History: 1979 AC.

Mich. Admin. Code R 281.774.6 Swan creek and connecting channels; speed restriction {#sec-r-281.774.6 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.774.6}

Rule 6. On the waters of Swan creek and all connecting channels, commencing at its mouth at Anchor bay, Lake St. Clair, to Short Cut road, a distance of 2,770 yards more or less, township of Ira, county of St. Clair, state of Michigan, no operator of any motorboat shall exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.774.7 Rescinded {#sec-r-281.774.7 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.774.7}

History

• History: 1979 AC.

Mich. Admin. Code R 281.774.8 Channels and canals, city of Algonac; slow--no wake speed {#sec-r-281.774.8 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.774.8}

Rule 8. On the waters of all other channels and canals, city of Algonac, county of St.

Clair, state of Michigan, no operator of any motorboat shall exceed a slow--no wake speed, which means a very slow speed whereby the wake or wash created by the motorboat would be minimal.

History

• History: 1979 AC.

Mich. Admin. Code R 281.774.9 Belle river from King road to Marine City; slow--no wake speed {#sec-r-281.774.9 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.774.9}

Rule 9. On the waters of the Belle river, sections 24, 25 and 36, town 4 north, range 16 east, township of East China, county of St. Clair, state of Michigan, downstream from King road to the north city limits of Marine City, no operator of any motorboat shall exceed a slow--no wake speed, which means a very slow speed whereby the wake or wash created by the motorboat would be minimal.

History

• History: 1979 AC.

Mich. Admin. Code R 281.774.10 Belle river, part in Marine City; slow--no wake speed {#sec-r-281.774.10 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.774.10}

Rule 10. On the waters of the Belle river, sections 1 and 12, town 3 north, range 16 east, within the limits of Marine City, county of St. Clair, state of Michigan, no operator of any motorboat shall exceed a slow--no wake speed, which means a very slow speed whereby the wake or wash created by the motorboat would be minimal.

History

• History: 1979 AC.

Mich. Admin. Code R 281.774.11 Black river adjacent to highway 94 bridge, part in township of Port Huron; speed restriction {#sec-r-281.774.11 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.774.11}

Rule 11. On the waters of the Black river, commencing at a point 600 feet southeast of the interstate highway 94 bridge to a point 800 feet northwest of the bridge, sections 3 and 4, town 6 north, range 17 east, township of Port Huron, county of St.

Clair, state of Michigan, no operator of any motorboat shall exceed a slow--no wake speed, which means a very slow speed whereby the wake or wash created by the motorboat would be minimal.

History

• History: 1979 AC.

Mich. Admin. Code R 281.774.12 Black river adjacent to intersection with canal; part in township of Port Huron, speed restriction {#sec-r-281.774.12 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.774.12}

Rule 12. On the waters of the Black river commencing at a point 1,000feet south of the intersection of the Black river and the Black river canal, to a point 500 feet northwest of the intersection, section 27, town 7 north, range 17 east, township of Port Huron, county of St. Clair, state of Michigan, no operator of any motorboat shall exceed a slow--no wake speed, which means a very slow speed whereby the wake or wash created by the motorboat would be minimal.

History

• History: 1979 AC.

Mich. Admin. Code R 281.774.13 Black river adjacent to intersection with canal; part in township of Fort Gratiot, speed restriction {#sec-r-281.774.13 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.774.13}

Rule 13. On the waters of the Black river commencing at a point 1,000 feet south of the intersection of the Black river and the Black river canal, to a point 500 feet northwest of the intersection, section 27, town 7 north, range 17 east, township of Fort Gratiot, county of St. Clair, state of Michigan, no operator of any motorboat shall exceed a slow--no wake speed, which means a very slow speed whereby the wake or wash created by the motorboat would be minimal.

History

• History: 1979 AC.

Mich. Admin. Code R 281.774.14 Pine river in city of St. Clair; slow--no wake speed {#sec-r-281.774.14 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.774.14}

Rule 14. On the waters of the Pine river, city of St. Clair, St. Clair county, within the city limits, it is unlawful for an operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.774.15 St. Clair river and connected waters; slow--no wake speed {#sec-r-281.774.15 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.774.15}

Rule 15. (1) On the waters of the St. Clair river, from its confluence with the Black river, downstream to Lake St. Clair, including its north channel, middle channel, the Chenal A Bout Rond (the Sni Bora), the south channel, Baltimore highway, Big Fisher highway and Sears highway, it is unlawful for:

(a) The operator of a vessel less than 26 feet in length to exceed a slow--no wake speed when within 200 feet of any shore, dock, or pierhead, and within the jurisdictional boundaries of the state of Michigan.

(b) The operator of a vessel 26 feet or more in length to exceed a slow--no wake speed when within 600 feet of any shore, dock, or pierhead, and within the jurisdictional boundaries of the state of Michigan.

(2) The provisions of this rule shall apply only to vessels used for recreational purposes.

History

• History: 1979 AC.

Mich. Admin. Code R 281.774.16 Black river canal; prohibited conduct {#sec-r-281.774.16 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.774.16}

Rule 16. (1) On the waters of the Black river canal, sections 26 and 27, T7N, R17E, city of Port Huron, St. Clair county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

(2) On the waters of the Black river canal, extending from Gratiot avenue easterly to Lake Huron, section 26, T7N, R17E, city of Port Huron, St. Clair county, it is unlawful for a person to:

(a) Swim or fish.

(b) Moor or anchor a vessel, except in cases of emergency.

History

• History: 1979 AC.

Mich. Admin. Code R 281.774.18 Black river; slow--no wake speed {#sec-r-281.774.18 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.774.18}

Rule 18. On the waters of the Black river located within the city limits of Port Huron, from a point 600 feet southeast of the interstate highway I-94 bridge to a point 2,100 feet southeast of the bridge, it is unlawful for the operator of a vessel to exceed a slow-no wake speed.

Regulation No. 75, St. Joseph county.

History

• History: 1983 AACS.

Mich. Admin. Code R 281.775.1 Long and Pleasant lakes; hours for water skiing {#sec-r-281.775.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.775.1}

Rule 1. On the waters of Long lake and Pleasant lake, Fabius township, St. Joseph county, it is unlawful, between the hours of 6:30 p.m. and 10:00 a.m. of the following day, for the operator of a vessel to have in tow, or otherwise assist in the propulsion of, a person on water skis, a water sled, kite, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.775.2 Lewis lake; high-speed boating and water skiing prohibited {#sec-r-281.775.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.775.2}

Rule 2. On the waters of Lewis lake, sections 18 and 19, town 5 south, range 12 west, Flowerfield township, St. Joseph county, it is unlawful to:

(a) Operate a vessel at high speed, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard, or other similar contrivance. (See R 281.714.9 for that part of Lewis lake which lies in Cass county.)

History

• History: 1979 AC.

Mich. Admin. Code R 281.775.3 St. Joseph river, portion of; hours for high-speed boating and water skiing {#sec-r-281.775.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.775.3}

Rule 3. On the waters of the St. Joseph river, T7S, T8S, R12W, Constantine and Mottville townships, St. Joseph county, from the west line of section 6, T8S, R12W, upstream to the dam at Constantine, in section 23, T7S, R12W, it is unlawful, between the hours of 6:30 p.m. and 10:00 a.m. of the following day, to:

(a) Operate a vessel at high speed, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, kite, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.775.4 St. Joseph river; slow--no wake speed zone {#sec-r-281.775.4 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.775.4}

Rule 4. On the waters of the St. Joseph river, T7S, T8S, R12W, Constantine and Mottville townships, St. Joseph county, in the northeast 1/4 of section 5, T8S, R12W and north of the south line of section 28, T7S, R12W, it is unlawful for the operator of a vessel to exceed a slow--no wake speed at any time.

History

• History: 1979 AC.

Mich. Admin. Code R 281.775.5 Clear lake; hours for slow--no wake speed {#sec-r-281.775.5 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.775.5}

Rule 5. On the waters of Clear lake, sections 8, 17, and 20, T6S, R12W, Fabius township, St. Joseph county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed between the hours of 6:30 p.m. and 10:00 a.m. of the following day.

Regulation No. 77, Schoolcraft county.

History

• History: 1979 AC.

Mich. Admin. Code R 281.777.1 Colwell lake; hours for high-speed boating and water skiing {#sec-r-281.777.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.777.1}

Rule 1. On the waters of Colwell lake, township of Inwood, county of Schoolcraft, state of Michigan, no operator of any motorboat, during the period from 6:30 p.m. to 10:00 a.m. of the following day, shall:

(a) Operate such motorboat at high speed, which means a speed at or above which a motorboat reaches a planing condition, or (b) Have in tow or otherwise assist in the propulsion of a person on water skis, water sled, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.777.2 Indian river, portion near Indian lake; speed restriction {#sec-r-281.777.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.777.2}

Rule 2. On that portion of the Indian river commencing at Indian lake, thence downstream in a southeasterly direction 3,300 feet more or less to the west, northsouth section line of section 35, town 42 north, range 16 west, township of Hiawatha, county of Schoolcraft, state of Michigan, no operator of any motorboat shall exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.777.3 Fox river, east branch; slow--no wake speed {#sec-r-281.777.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.777.3}

Rule 3. On the waters of the east branch of the Fox river, from the east line of section 24, town 46 north, range 13 west, upstream to the mouth of Cold creek, section 15, town 46 north, range 13 west, Seney township, Schoolcraft county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.777.4 Dodge lake and Island lake; hours for high-speed boating and water skiing {#sec-r-281.777.4 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.777.4}

Rule 4. On the waters of Dodge lake and Island lake, sections 14, 15, and 23, T43N, R16W, Hiawatha township, Schoolcraft county, it is unlawful, between the hours of 6:30 p.m. and 10:00 a.m. of the following day, to:

(a) Operate a vessel at high speed.

(b) Have in tow, or otherwise assist in the propulsion of, a person on water skis, a water sled, kite, surfboard, or other similar contrivance.

Regulation No. 79, Tuscola county.

History

• History: 1981 AACS.

Mich. Admin. Code R 281.779.1 Quanicassee river, portion of; slow--no wake speed {#sec-r-281.779.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.779.1}

Rule 1. On the waters of the Quanicassee river and Saginaw bay, section 29 and 30, T14N, R7E, Wisner township, Tuscola county, from the M-25 bridge downstream and for a distance of 300 feet in any direction from the river mouth in Saginaw bay, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

Regulation No. 80, Van Buren county.

History

• History: 1979 AC.

Mich. Admin. Code R 281.780.1 Rush lake and Three Mile lake {#sec-r-281.780.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.780.1}

Rule 1. On the waters of Rush lake and Three Mile lake, Van Buren county, state of Michigan, no operator of any motorboat shall have in tow or shall otherwise assist in the propulsion of a person on water skis, water sled, surfboard, or other similar contrivance during the period from 6:30 p.m. to 10:00 a.m. of the following day.

History

• History: 1979 AC.

Mich. Admin. Code R 281.780.2 Little Three Mile lake and portion of Three Mile lake {#sec-r-281.780.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.780.2}

Rule 2. On the waters of Little Three Mile lake and on that part of Three Mile lake south of the south eighth line of section 21, T3S, R14W, Van Buren county, state of Michigan, no operator of any motorboat shall:

(a) Operate such motorboat at high speed, or (b) Have in tow or shall otherwise assist in the propulsion of a person on water skis, water sled, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.780.3 Gravel lake channel {#sec-r-281.780.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.780.3}

Rule 3. On the waters of the channel located on the northwest side of Gravel lake, Van Buren county, state of Michigan, no operator of any motorboat shall exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.780.4 Black river and entrance channel; slow--no wake speed {#sec-r-281.780.4 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.780.4}

Rule 4. On the waters of the Black river and the entrance channel, city of South Haven, Van Buren county, from the east corporation limits of South Haven downstream to the westerly end of the entrance channel, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.780.5 Brandywine lake; hours for high-speed boating and water skiing {#sec-r-281.780.5 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.780.5}

Rule 5. On the waters of Brandywine lake, section 29 and 32, T1S, R13W, Pine Grove township, Van Buren county, it is unlawful, between the hours of 6:30 p.m. and 10:00 a.m. of the following day, to:

(a) Operate a vessel at high speed, or (b) Have in tow, or otherwise assist in the propulsion of, a person on water skis, a water sled, kite, surfboard, or other similar contrivance.

History

• History: 1979 AC.

Mich. Admin. Code R 281.780.6 Reynolds lakes, channel connecting; slow--no wake speed {#sec-r-281.780.6 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.780.6}

Rule 6. On the waters of the channel connecting North Reynolds lake to South Reynolds lake in section 24 T3S, R15W, Lawrence township, Van Buren county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed, which is a very slow speed whereby the wake or wash created by the vessel would be minimal.

History

• History: 1979 AC.

Mich. Admin. Code R 281.780.7 Van Auken lake, Bangor township {#sec-r-281.780.7 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.780.7}

Rule 7. (1) On the waters of Van Auken lake, sections 28, 32, and 33, T2S, R16W, Bangor township, Van Buren county, it is unlawful, during the period of May 15 to September 15, between the hours of 6:30 p.m. and 10:00 a.m. of the following day, to:

(a) Operate a vessel at high speed, or (b) Have in tow, or otherwise assist in the propulsion of, a person on water skis, a water sled, kite, surfboard, or other similar contrivance.

(2) On the waters of the canals and channels connected to Van Auken lake, section 28, 32, and 33, T2S, R16W, Bangor township, Van Buren county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.780.9 Brownwood lake, hours of high-speed boating {#sec-r-281.780.9 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.780.9}

Rule 9. On the waters of Brownwood lake, sections 34 and 35, T2S, R14W, Waverly township, Van Buren county, and sections 2 and 3, T3S, R14W, Paw Paw township, Van Buren county, it is unlawful, between the hours of 6:30 p.m. and 10 a.m. of the following day, for the operator of a vessel to:

(a) Operate a vessel at high speed.

(b) Have in tow, or otherwise assist in the propulsion of, a person on water skis, water sled, kite, surfboard, or other similar contrivance.

Regulation No. 81, Washtenaw county.

History

• History: 1983 AACS.

Mich. Admin. Code R 281.781.1 Big Silver lake {#sec-r-281.781.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.781.1}

Rule 1. On the waters of Big Silver lake, township of Dexter, county of Washtenaw, no operator of any motorboat shall, during the period from 6:30 p.m. to 10:00 a.m. of the following day:

(a) Operate such motorboat at high speed, or (b) Have in tow or shall otherwise assist in the propulsion of a person on water skis, water sled, surfboard, or other similar contrivance. (See R 281.747.2 for regulation covering the part of this lake in Livingston county.)

History

• History: 1979 AC.

Mich. Admin. Code R 281.781.2 Round lake {#sec-r-281.781.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.781.2}

Rule 2. On the waters of Round lake, Manchester township, county of Washtenaw, state of Michigan, no operator of any motorboat shall:

(a) Operate such vessel at high speed, which means a speed at or above which a motorboat reaches a planing condition, or (b) Have in tow or shall otherwise assist in the propulsion of a person on water skis, water sled, surfboard, or other similar contrivance. (See R 281.738.2 for regulation covering the part of this lake lying in Jackson county and R 281.746.1 for regulation covering the part of this lake lying in Lenawee county.)

History

• History: 1979 AC.

Mich. Admin. Code R 281.781.3 Freedom (Little Silver) lake {#sec-r-281.781.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.781.3}

Rule 3. On the waters of Freedom (Little Silver) lake, township of Freedom, county of Washtenaw, state of Michigan, no operator of any motorboat shall exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.781.4 Huron river, Ann Arbor city and township; speed restriction {#sec-r-281.781.4 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.781.4}

Rule 4. On the waters of the Huron river within the city of Ann Arbor, county of Washtenaw, state of Michigan, and on the waters of the Huron river from the Maple street bridge to the Dixboro street bridge, including Argo, Geddes and Barton ponds, township of Ann Arbor, county of Washtenaw, state of Michigan, no operator of any motorboat shall exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.781.5 Ford lake; hours for high-speed boating {#sec-r-281.781.5 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.781.5}

Rule 5. On the waters of Ford lake, city of Ypsilanti and township of Ypsilanti, county of Washtenaw, it is unlawful during the period of 1 hour after sunset to 1 hour prior to sunrise, to operate a vessel at high speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.781.6 Ford lake, portion of; vessels prohibited {#sec-r-281.781.6 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.781.6}

Rule 6. On the waters of Ford lake, city of Ypsilanti and township of Ypsilanti, county of Washtenaw, it is unlawful to operate a vessel 300 feet in any direction from the dam on the east line of section 23, T3S, R7E.

History

• History: 1979 AC.

Mich. Admin. Code R 281.781.7 Base Line lake, bay; slow--no wake speed {#sec-r-281.781.7 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.781.7}

Rule 7. On the waters of that bay of Base Line lake, section 6, T1S, R5E, Webster township, Washtenaw county, in the SW 1/4 NW 1/4 and the W 1/2 of the SE 1/4 NW 1/4, section 6, T1S, R5E, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.781.8 Canals connecting Huron river and Portage lake; slow--no wake speed {#sec-r-281.781.8 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.781.8}

Rule 8. On the waters of the canals connecting the Huron river and Portage lake, section 1, T1S, R5E, Dexter township and section 6, T1S, R5E, Webster township, Washtenaw county, and for a distance of 300 feet from the canal in any direction in Portage lake, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.781.9 Huron river; slow--no wake speed zone {#sec-r-281.781.9 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.781.9}

Rule 9. On the waters of the Huron river, section 1, T1S, R4E, Dexter township and section 6, T1S, R5E, Webster township, Washtenaw county, upstream from a point 600 feet below the Macgregor road bridge in the SE 1/4 of SE 1/4, section 1, to Base Line lake, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.781.10 Rescinded {#sec-r-281.781.10 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.781.10}

History

• History: 1980 AACS; 1992 AACS.

Mich. Admin. Code R 291.781.11 Hi-Land lake and connecting canals and channels; prohibited conduct {#sec-r-291.781.11 omnilex-key=us-mi-regs-official--dept-natural-resources--R 291.781.11}

Rule 11. On the waters of Hi-Land lake and the canals and channels connected thereto, sections 5 and 6, T1S, R4E, Dexter township, Washtenaw county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed when within 100 feet of any shore, dock, raft, buoyed or occupied bathing area, or vessel moored or at anchor, except when water skiers are being picked up or dropped off if that operation is otherwise conducted with due regard to the safety of persons and property and in accordance with the laws of this state. (See R 281.747.19 covering that portion of Hi-Land lake which lies in Livingston county.)

History

• History: 1979 AC.

Mich. Admin. Code R 281.781.12 Little Portage lake; portion of, and connecting canals and channels; slow--no wake speed {#sec-r-281.781.12 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.781.12}

Rule 12. On that portion of Little Portage lake and the canals and channels connected thereto, including the channel connecting Little Portage lake to Portage lake, located in section 2, T1S, R4E, Dexter township, Washtenaw county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

Regulation No. 82, Wayne county.

History

• History: 1980 AACS.

Mich. Admin. Code R 281.782.1 Belleville lake, at Denton road bridge; speed restriction {#sec-r-281.782.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.782.1}

Rule 1. On the waters of that portion of Belleville lake, city of Belleville and township of Van Buren, county of Wayne, state of Michigan, within 100 feet of the Denton road bridge, no operator of any motorboat shall exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.782.2 Belleville lake, at Main street bridge; speed restriction {#sec-r-281.782.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.782.2}

Rule 2. On the waters of that portion of Belleville lake, city of Belleville and township of Van Buren, county of Wayne, state of Michigan, within 100 feet of the Belleville road--Main street bridge, no operator of any motorboat shall exceed a slow-no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.782.3 Huron river, channels and bayous; slow--no wake speed {#sec-r-281.782.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.782.3}

Rule 3. On the waters of the Huron river and the natural and artificial channels and bayous in sections 23 to 25, P.C. 636, town 5 south, range 10 east, Brownstown township, Wayne county, an operator of a vessel shall not exceed a slow--no wake speed, which means a very slow speed whereby the wake or wash created by the vessel would be minimal.

History

• History: 1979 AC.

Mich. Admin. Code R 281.782.4 Silver creek, bayous, estuary, canals and channels; slow--no wake speed {#sec-r-281.782.4 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.782.4}

Rule 4. On the waters of Silver creek, its bayous and estuary and connected artificial and natural canals and channels in sections 14, 15, 23, and 24, and P.C. 636, town 5 south, range 10 east, Brownstown township, Wayne county, an operator of a vessel shall not exceed a slow--no wake speed, which means a very slow speed whereby the wake or wash created by the vessel would be minimal.

History

• History: 1979 AC.

Mich. Admin. Code R 281.782.5 Maple and Milleville beaches, canals and channels; slow--no wake speed {#sec-r-281.782.5 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.782.5}

Rule 5. On the waters of the artificial and natural canals and channels, Maple and Milleville beaches, in sections 13 and 24, and P.C. 636, town 5 south, range 10 east, Brownstown township, Wayne county, an operator of a vessel shall not exceed a slow- -no wake speed, which means a very slow speed whereby the wake or wash created by the vessel would be minimal.

History

• History: 1979 AC.

Mich. Admin. Code R 281.782.6 Detroit river and connected waters, Grosse Ile township; slow--no wake speed {#sec-r-281.782.6 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.782.6}

Rule 6. On the waters of the Detroit river and connected waters, town 4 south, range 11 east, and town 5 south, range 11 east, Grosse Ile township, Wayne county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed when within 1,000 feet of any shore, dock, or pierhead, except:

(a) East of Grosse Ile and west of Ballards reef channel from Black Can Buoy #1 upstream to Grosse Ile Spit Lighted Buoy LL 969 (HB I QK FLW) and (b) West of Grosse Ile and east of the mainland of Wayne county from Red Nun #6 upstream to Grosse Ile Spit Lighted Buoy LL 969 (HB I QK FLW) and (c) On those waters adjacent to the islands of Mama Juda, Powder House, and Stony.

History

• History: 1979 AC.

Mich. Admin. Code R 281.782.7 Thorofare canal; slow--no wake speed {#sec-r-281.782.7 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.782.7}

Rule 7. On the waters of the Thorofare canal, P.C. 549, 550, 551, and 555, town 4 south, range 11 east, Grosse Ile township, Wayne county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.782.8 Frenchman creek and connected waters; slow--no wake speed {#sec-r-281.782.8 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.782.8}

Rule 8. On the waters of Frenchman creek, passages east and west of Round island and the connected artificial canal, town 4 south, range 11 east, town 5 south, range 11 east, Grosse Ile township, Wayne county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.782.9 Meso-Hickory passage; slow--no wake speed {#sec-r-281.782.9 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.782.9}

Rule 9. On the waters of the passage between Meso and Hickory islands, town 5 south, range 11 east, Grosse Ile township, Wayne county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.782.10 Swan island canal; slow--no wake speed {#sec-r-281.782.10 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.782.10}

Rule 10. On the waters of the canal between Swan island and the mainland of Grosse Ile, town 4 south, range 11 east, town 5 south, range 11 east, Grosse Ile township, Wayne county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.782.11 Elba island canals; slow--no wake speed {#sec-r-281.782.11 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.782.11}

Rule 11. On the waters of the natural and artificial channels and canals adjacent to Elba island, P.C. 553, 554, and 557, town 4 south, range 11 east, and town 5 south, range 11 east, Grosse Ile township, Wayne county, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.782.12 Detroit river, city of Gibraltar; slow--no wake speed {#sec-r-281.782.12 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.782.12}

Rule 12. (1) On the waters of the Detroit river, within the corporate limits of the city of Gibraltar, Wayne county, T4S, R10 and 11E, T5S, R10 and 11E, it is unlawful for the operator of a vessel to exceed a slow--no wake speed when within 500 feet of any shore, dock, or pierhead.

(2) This rule applies only to vessels used for recreational purposes.

History

• History: 1979 AC.

Mich. Admin. Code R 281.782.13 Natural and artificial channels and canals, city of Gibraltar; slow--no wake speed {#sec-r-281.782.13 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.782.13}

Rule 13. On the waters of all artificial and natural channels and canals, within the corporate limits of the city of Gibraltar, Wayne county, T4S, R10 and 11E and T5S, R10 and 11E, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.782.14 Detroit river city of Trenton; slow--no wake speed {#sec-r-281.782.14 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.782.14}

Rule 14. (1) On the waters of the Detroit river, within the corporate limits of the city of Trenton, Wayne county, town 4 south, range 11 east, it is unlawful for the operator of a vessel to exceed a slow--no wake speed, when within 1,000 feet of any shore, dock, or pierhead.

(2) This rule applies only to vessels used for recreational purposes.

History

• History: 1979 AC.

Mich. Admin. Code R 281.782.15 Natural and artificial channels and canals, city of Trenton; slow- -no wake speed {#sec-r-281.782.15 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.782.15}

Rule 15. On the waters of all artificial and natural channels and canals, within the corporate limits of the city of Trenton, Wayne county, town 4 south, range 11 east, it is unlawful for the operator of a vessel to exceed a slow--no wake speed.

History

• History: 1979 AC.

Mich. Admin. Code R 281.782.16 Detroit river, city of Wyandotte; slow--no wake speedzone {#sec-r-281.782.16 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.782.16}

Rule 16. On the waters of the Detroit river, adjacent to the city of Wyandotte, Wayne county, and hereinafter described, it is unlawful for the operator of a vessel to exceed a slow--no wake speed when within 1,000 feet of the shore:

(a) South of a line beginning where Emmons boulevard as extended intersects the water's edge, thence southeasterly to the northernmost part of Grassy island and north of a line beginning where Goodell avenue as extended intersects the water's edge and thence east to Grassy island.

(b) South of a line beginning where Cedar street as extended intersects the water's edge, thence east to the Fighting island channel and north of a line beginning where Plum street as extended intersects the water's edge and thence east to Grosse Ile.

History

• History: 1979 AC.

Mich. Admin. Code R 281.782.17 Detroit river, city of Ecorse; slow--no wake speed zone {#sec-r-281.782.17 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.782.17}

Rule 17. On the waters of the Detroit river, adjacent to the city of Ecorse, Wayne county, and hereinafter described, it is unlawful for the operator of a vessel to exceed a slow--no wake speed when within 1,000 feet of the shore: within a line beginning where Outer drive as extended intersects the water's edge, thence south to the easternmost point of Mud island, thence south to the city of Ecorse corporation boundary and thence westerly to the water's edge.

History

• History: 1979 AC.

Mich. Admin. Code R 281.782.18 Phoenix lake; motorboats prohibited {#sec-r-281.782.18 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.782.18}

Rule 18. On the waters of Phoenix lake and the canals and channels connected thereto, sections 14 and 23, T1S, R8E, Wayne county, it is unlawful to operate a motorboat.

History

• History: 1979 AC.

Mich. Admin. Code R 281.782.19 Rouge river, portion of; motorboats prohibited {#sec-r-281.782.19 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.782.19}

Rule 19. On that portion of the waters of the middle branch of the Rouge river and the canals and channels connected thereto, between Phoenix and Wilcox lakes, section 23, T1S, R8E, Wayne county, it is unlawful to operate a motorboat.

History

• History: 1979 AC.

Mich. Admin. Code R 281.782.20 Wilcox lake; motorboats prohibited {#sec-r-281.782.20 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.782.20}

Rule 20. On the waters of Wilcox lake and the canals and channels connected thereto, section 23, T1S, R8E, Wayne county, it is unlawful to operate a motorboat.

History

• History: 1979 AC.

Mich. Admin. Code R 281.782.21 Rouge river, portion of; motorboats prohibited {#sec-r-281.782.21 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.782.21}

Rule 21. On that portion of the waters of the middle branch of the Rouge river and the canals and channels connected thereto, between Wilcox and Newburgh lakes, section 23, 25, and 26, T1S, R8E, Wayne county, it is unlawful to operate a motorboat.

History

• History: 1979 AC.

Mich. Admin. Code R 281.782.22 Newburgh lake; motorboats prohibited {#sec-r-281.782.22 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.782.22}

Rule 22. On the waters of Newburgh lake and the canals and channels connected thereto, section 25, T1S, R8E, and sections 30 and 31, T1S, R9E, Wayne county, it is unlawful to operate a motorboat.

History

• History: 1979 AC.

Mich. Admin. Code R 281.782.23 Rouge river, portion of; motorboats prohibited {#sec-r-281.782.23 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.782.23}

Rule 23. On that portion of the waters of the middle branch of the Rouge river and the canals and channels connected thereto, between Newburgh and Nankin lakes, sections 32 and 33, T1S R9E,Wayne county, it is unlawful to operate a motorboat.

History

• History: 1979 AC.

Mich. Admin. Code R 281.782.24 Nankin lake; motorboats prohibited {#sec-r-281.782.24 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.782.24}

Rule 24. On the waters of Nankin lake and the canals and channels connected thereto, section 33, T1S, R9E, and section 4, T2S, R9E, Wayne county, it is unlawful to operate a motorboat.

History

• History: 1979 AC.

Mich. Admin. Code R 281.782.26 Belleville lake; watercraft speed limit {#sec-r-281.782.26 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.782.26}

Rule 26. On the waters of Belleville lake, section 24, T3S, R7E, and sections 14, 19, 20, 21, 22, 23, 24, 28, 29, and 30, T3S, R7E, Van Buren township, Wayne county, it is unlawful, at any time, to operate a vessel at a speed in excess of 40 miles per hour (64 kilometers per hour).

Regulation No. 83, Wexford county.

History

• History: 1985 AACS.

Mich. Admin. Code R 281.783.1 Berry lake {#sec-r-281.783.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.783.1}

Rule 1. On the waters of Berry lake, Clam Lake township, Wexford county, state of Michigan, no operator of any motorboat shall have in tow or shall otherwise assist in the propulsion of a person on water skis, water sled, surfboard, or other similar contrivance during the period from 6:30 p.m. to 10:00 a.m. of the following day.

History

• History: 1979 AC.

Mich. Admin. Code R 281.783.2 Meauwataka lake; hours for high-speed boating and water skiing {#sec-r-281.783.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.783.2}

Rule 2. On the waters of Meauwataka lake, sections 31 and 32, T23N, R10W, Colfax township, Wexford county, it is unlawful, during the period of May 15 to September 15, on Saturdays, Sundays, memorial day, independence day, and labor day, except between the hours of 10:00 a.m. and 6:30 p.m., to:

(a) Operate a vessel at high speed.

(b) Have in tow, or otherwise assist in the propulsion of, a person on water skis, a water sled, kite, surfboard, or other similar contrivance.

History

• History: 1979 AC.

R 281.1001 to R 281.1051 Regattas and Marine Parades

Mich. Admin. Code R 281.1001 Definitions {#sec-r-281.1001 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1001}

DEPARTMENT OF NATURAL RESOURCES

LAW ENFORCEMENT DIVISION

GENERAL RULES

(By authority conferred on the department of natural resources by sections 80121 and 80164 of 1994 PA 451, MCL 324.80121 and MCL 324.80164)

PART 1. REGATTAS AND MARINE PARADES

Rule 1. The terms defined in 1994 PA 451, MCL 324.80101 to 324.80199, have the same meaning when used in these rules.

History

• History: 1979 AC; 2014 AACS.

Mich. Admin. Code R 281.1002 Applications; filing and contents {#sec-r-281.1002 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1002}

Rule 2. An individual or organization planning to hold a regatta or marine parade on the waters of this state shall file with the director an application for a sanction to hold such event. The application shall include the following:

(a) Name and address of applicant.

(b) Name and address of sponsoring organization.

(c) Name, address and telephone number of person in charge of event.

(d) Nature and purpose of event.

(e) Location where the proposed event is to be held, including body of water, township and county.

(f) Sketch of the body of water showing portion to be used for the event, including dimensions.

(g) Date and hours of proposed event.

(h) Time schedule and description of event.

(i) Estimated number and types of vessels participating in event.

(j) Estimated number and types of spectator vessels.

(k) Number of vessels to be furnished by sponsoring organization to patrol event.

(l) Number of vessels to be furnished by county sheriff's department for patrol to protect the public interest and safety.

(m) Information as to general public interest in the event.

(n) Signature of applicant.

History

• History: 1979 AC.

Mich. Admin. Code R 281.1003 Action by director on applications {#sec-r-281.1003 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1003}

Rule 3. (1) The director shall determine whether the proposed regatta or marine parade may be held in the proposed location with safety of life and property. To assist in his determination, if he deems it necessary, he may hold a public hearing to obtain the views of all persons interested in, or who will be affected by, the regatta or marine parade.

(2) The director shall notify the applicant of 1 of the following decisions and issue a sanction for the event in case it is approved:

(a) That the application is approved and the event requires norestriction or patrol of the regatta or marine parade area.

(b) That the application is approved, and the nature of the limited restrictions, if any, which he has established pursuant to R 281.1004.

(c) That the interest of safety of life and property on the waters of this state requires specific change or changes in the application before it can be approved.

(d) That the application is disapproved, with reasons for such disapproval.

(3) Where such events are to be held regularly or repeatedly in a single area by an individual or organization, the director, subject to conditions established by him, may issue a sanction for such series of events for a fixed period not to exceed 1 year.

History

• History: 1979 AC.

Mich. Admin. Code R 281.1004 Limited restrictions on water activities in area {#sec-r-281.1004 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1004}

Rule 4. In approving a regatta or marine parade, the director in the interest of safety may establish limited restrictions on the movement of vessels or other water activities in the immediate area of the event. The restrictions shall be limited to the time immediately prior to, during and immediately after the approved regatta or marine parade.

History

• History: 1979 AC.

Mich. Admin. Code R 281.1005 Public notice of events and limited restrictions {#sec-r-281.1005 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1005}

Rule 5. (1) After approving a regatta or marine parade and establishing limited restrictions pertaining thereto, the director shall give the public full and adequate notice of the time and location of the regatta or marine parade, together with full and complete information as to the limited restrictions.

(2) After approving a regatta or marine parade and determining that limited restrictions are not necessary, the director may require the sponsors of the event to give the public full and adequate notice of the time and location of the event.

(3) Notices under this rule shall be published at least once, not less than 5 days prior to the holding of the event, in a newspaper of general circulation in the area where the event will be held.

History

• History: 1979 AC.

Mich. Admin. Code R 281.1006 Patrol of regattas and marine parades {#sec-r-281.1006 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1006}

Rule 6. The director, if he deems it necessary for safety, may require 1 or more marine enforcement vessels to patrol the course of the regatta or marine parade for the purpose of enforcing not only the limited restrictions, but also for assistance of persons or property in peril, and the enforcement of laws generally. Issuance of the sanction may be made contingent upon meeting the requirement for patrol vessels.

History

• History: 1979 AC.

Mich. Admin. Code R 281.1007 Aids to navigation {#sec-r-281.1007 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1007}

Rule 7. The director may require the sponsors of an approved regatta or marine parade to establish aids to navigation as he deems necessary to assist in the observance and enforcement of the limited restrictions established by him or are incidental to the holding of the regatta or marine parade.

PART 2. WATERCRAFT CAPACITY AND HORSEPOWER FORMULA

History

• History: 1979 AC.

Mich. Admin. Code R 281.1021 Rescinded {#sec-r-281.1021 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1021}

History

• History: 1979 AC.

Mich. Admin. Code R 281.1022 Rescinded {#sec-r-281.1022 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1022}

History

• History: 1979 AC.

Mich. Admin. Code R 281.1023 Rescinded {#sec-r-281.1023 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1023}

History

• History: 1979 AC.

Mich. Admin. Code R 281.1024 Rescinded {#sec-r-281.1024 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1024}

History

• History: 1979 AC.

Mich. Admin. Code R 281.1025 Rescinded {#sec-r-281.1025 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1025}

History

• History: 1979 AC.

Mich. Admin. Code R 281.1026 Rescinded {#sec-r-281.1026 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1026}

PART 3. STATE AID FOR MARINE SAFETY PROGRAMS

History

• History: 1979 AC.

Mich. Admin. Code R 281.1031 Definitions {#sec-r-281.1031 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1031}

Rule 31. (1) As used in these rules:

(a) "Act" means 1994 PA 451, MCL 324.80101 to 324.80199.

(b) "Need study" means a study conducted by the department to assist in determining the amount of state aid to be allocated to a county for its marine safety program.

(2) Terms defined in the act have the same meaning when used in these rules.

History

• History: 1979 AC; 2014 AACS.

Mich. Admin. Code R 281.1032 Requests for state aid {#sec-r-281.1032 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1032}

Rule 32. The county clerk of a county requesting state aid for the conduct of a marine safety program shall, by December 31 of each year, submit to the department an estimate of authorized expenditures for the following calendar year on forms furnished by the department. The estimate of authorized expenditures shall consist of a complete statement on the type and extent of the marine safety program to be conducted and a certification that the board of commissioners has appropriated the funds indicated on the estimate of authorized expenditures. Submission of an estimate of authorized expenditures by a county is deemed an agreement by the county to comply with these rules.

History

• History: 1979 AC.

Mich. Admin. Code R 281.1033 Marine safety functions {#sec-r-281.1033 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1033}

Rule 33. (1) Equipment that has originally been purchased with state matching funds or has been included in a claim for which reimbursement has been made in accordance with the act and these rules shall be used exclusively in the conduct of the marine safety program.

(2) Marine safety laws applicable to waters within the county's jurisdiction shall be enforced. Court disposition shall be submitted on forms prescribed by the department.

(3) Marine complaints and marine violations within the county's jurisdiction, including those referred to the county by the department, shall be investigated.

(4) The department shall purchase uniform vessel violation notices and furnish them to the counties participating in the marine safety program. A county may purchase vessel violation notices provided the violation notice contains the minimum information contained on the uniform vessel violation notice furnished by the department. A participating county shall issue vessel violation notices for violation of marine safety laws and rules promulgated in accordance with marine statutes.

(5) Marine accidents occurring within the county's jurisdiction shall be investigated and required reports submitted.

(6) Reasonable efforts shall be made to recover bodies of persons drowned in waters within the county's jurisdiction but outside the corporate limits of a city.

(7) Livery boats within the county shall be inspected for compliance with 1994 PA 451, MCL 324.44515 to 324.44519, and rules promulgated under the act.

(8) Equipment purchased or leased under the state aid program shall be made available to the director or his or her authorized representative for the purpose of inspection, investigation, or other official duties.

(9) Cooperation with the United States coast guard, other counties of the state, the Michigan state police, and the department, shall be given upon request of the director or his or her authorized representative.

History

• History: 1979 AC; 2014 AACS.

Mich. Admin. Code R 281.1034 Personnel {#sec-r-281.1034 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1034}

Rule 34. (1) Personnel assigned to marine safety duties shall be mentally and physically capable of performing the duties to which they are assigned. They shall have a good knowledge of the provisions of 1994 PA 451, MCL 324.80101 to 324.80199, MCL 324.44501 to 324.44526, and 1947 PA 139, MCL 51.301 to 51.302 and all rules promulgated under the acts. They shall have a good knowledge of the powers, duties, and limitations of authority of peace officers and a thorough knowledge of the operation of small boats. The authority of personnel who have not completed the required hours of training pursuant to 1965 PA 203, MCL 28.601 to 28.616, shall be restricted to the following acts:

(a) 1994 PA 451, MCL 324.80101 to 324.80199, and rules and local ordinances established in accordance with the provisions of the act.

(b) 1994 PA 451, MCL 324.9501 to 324.9510, and rules promulgated under the act.

(c) 1994 PA 451, MCL 324.8901 to 324.8907.

(d) 1994 PA 451, MCL 324.44501 to 324.44526, and rules promulgated under the act.

(e) 1947 PA 139, MCL 51.301 to 51.302.

( f ) 1931 PA 328, MCL 750.167 to 750.168.

(2) Personnel shall actively cooperate with the director or his o r h e r representatives, including but not limited to, the answering of questions, making reports, and showing records as requested.

(3) Hourly pay rates for personnel assigned to marine safety duties shall not exceed the hourly rates of other personnel assigned to similar duties within the county sheriff's department.

(4) Personnel assigned to marine safety duties shall not be paid overtime or premium pay unless such personnel have worked in excess of 40 hours on marine safety duties in a scheduled work week. Overtime may be paid for hours worked in excess of 40 hours if approved by the county sheriff or immediate supervisor.

(5) A county sheriff is not eligible to receive payment of salary or wages from the marine safety fund.

History

• History: 1979 AC; 2014 AACS.

Mich. Admin. Code R 281.1035 Publicity, records, and reports {#sec-r-281.1035 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1035}

Rule 35. (1) Publicity shall be disseminated by the county regarding existing laws and rules and any new laws or rules which may be established. Persons shall be provided with information regarding safe methods of vessel operation.

(2) Public information provided by the department shall be distributed by the county.

(3) The county shall maintain records pertaining to marine violations, marine related accidents, body recovery, livery boat inspections, boating safety education, public meetings attended, daily vehicle mileage, daily personnel time records, and marine program expenditures.

(4) Daily time records shall be maintained by the county for each employee assigned to marine safety duties. Reimbursement to the county shall be made for hours actually worked in the marine safety program as documented by daily time records.

(5) Reports as may be required by the director or his authorized representative shall be submitted by the county.

(6) A detail of authorized expenditures actually incurred shall be submitted to the department by the county and shall be certified as true and correct.

History

• History: 1979 AC.

Mich. Admin. Code R 281.1036 County restricted marine safety funds {#sec-r-281.1036 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1036}

Rule 36. Using the county appropriation for the conduct of a marine safety program for the following calendar year the county treasurer or fiscal officer shall establish a restricted marine safety fund for such calendar year. Special account numbers and expenditure voucher retention procedures shall be as directed by the local audit division of the state department of treasury. Expenditures from the fund shall be made solely for the payroll and authorized expenditure costs of the marine safety program.

History

• History: 1979 AC.

Mich. Admin. Code R 281.1037 State aid claim vouchers {#sec-r-281.1037 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1037}

Rule 37. (1) Within 90 days after the close of the calendar year for which a county has submitted the required certified resolution and the estimate of authorized expenditures and has conducted the marine safety program, the county fiscal officer shall file a state aid claim voucher with the department on forms provided by the department. State aid claim vouchers, or supplements thereto, received subsequent to such 90-day period are not eligible for payment.

(2) The director or his authorized representative shall review a state aid claim voucher and shall certify the claim for payment in accordance with the following procedure:

(a) Expenditures not in accordance with the act, the schedule of authorized expenditures, and these rules shall be deducted.

(b) The department shall certify for payment the lesser of the following:

(i) Two-thirds of the total of the claim voucher after all necessary adjustments have been made.

(ii) The amount of state aid originally approved on the county's marine budget.

History

• History: 1979 AC.

Mich. Admin. Code R 281.1038 Authorized expenditures {#sec-r-281.1038 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1038}

Rule 38. (1) Two-thirds of the payroll and other expenditures when made in accordance with the schedule of authorized expenditures prepared by the director and with these rules shall, subject to R 281.1037, be reimbursable to a county upon submission of a claim. However, other items of expenditures may be authorized if found to be reasonable and necessary. Prior approval of an expenditure not contained on the schedule of authorized expenditures shall be obtained from the department in writing; otherwise, such expenditure shall not be considered an authorized expenditure and shall not qualify for reimbursement.

(2) If authorized equipment, which has originally been purchased with state matching funds or has been included in a claim for which reimbursement has been made in accordance with the act and these rules, is in need of replacement, the trade-in value or fair market value shall not be included in the claim for reimbursement for the purchase of new equipment.

(3) Receipts from the sale of any equipment and gas tax and insurance premium refunds shall be deposited to the credit of the county marine safety fund and deducted from the claim on the state aid voucher form R 9250.

History

• History: 1979 AC.

Mich. Admin. Code R 281.1039 Withholding and denying payment of claims {#sec-r-281.1039 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1039}

Rule 39. (1) The department reserves the right to withhold payment of a claim pending investigation of the details of such claim.

(2) The department reserves the right to deny payment of a claim, or part thereof, which is not in accordance with the schedule of authorized expenditures or for which prior written authorization was not obtained from the department.

(3) The department reserves the right to deny payment of a claim if any part of such claim is found to be false and submitted with intent to defraud.

(4) The department reserves the right to deny payment of a claim for compensation paid to personnel deemed to be unfit to carry out the duties assigned to them.

(5) The department reserves the right to deny payment to any county which, in the opinion of the director, after investigation and written notice, is not adequately conducting a marine safety program, is not submitting the required reports, or is not complying with these rules.

History

• History: 1979 AC.

Mich. Admin. Code R 281.1040 Discontinuance of county participation in state aid {#sec-r-281.1040 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1040}

Rule 40. (1) If a county discontinues participation in the state aid program, the county clerk shall, by December 31 of the year prior to discontinuance, notify the department of the county's decision by certified resolution. Upon submission of a state aid voucher for the final calendar year of county participation, a deduction shall be made from the total state aid voucher of the fair market value of all authorized equipment previously included in a claim for which reimbursement has been made in accordance with the act and these rules. For those years when a proration was applicable to equipment purchases, such proration shall be taken into consideration.

(2) When the fair market value of such authorized equipment exceeds the total claims for the final year of county participation, 2/3 of such excess, excluding the proration, if applicable, shall be refunded to the department by the county and deposited in the state treasury to the credit of the marine safety fund.

(3) If the county is utilizing equipment furnished by the department without expense to the county, such equipment shall be reclaimed by the department.

(4) If it is deemed by the department to be in the best interest of the state, the department reserves the right to claim any equipment from the county which was purchased with marine safety funds for which reimbursement has been made by paying to the county 1/3 of the fair market value of such equipment. For those years when a proration was applicable to equipment purchases, such proration shall be taken into consideration.

PART 4. NUMBERING OF MOTORBOATS

History

• History: 1979 AC.

Mich. Admin. Code R 281.1051 Rescinded {#sec-r-281.1051 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1051}

History

• History: 1979 AC.

R 281.1101 to R 281.1114 State Uniform Waterway Marking System

Mich. Admin. Code R 281.1101 Definitions {#sec-r-281.1101 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1101}

DEPARTMENT OF NATURAL RESOURCES

LAW ENFORCEMENT DIVISION

STATE UNIFORM WATERWAY MARKING SYSTEM

(By authority conferred on the department of natural resources by section 80121of 1994 PA 451, MCL 324.80121)

Rule 1. (1) "Act" means 1994 PA 451, MCL 324.80101to MCL 324. 80199. Terms defined in the act have the same meanings when used in these rules.

(2) "Buoy" means a floating device, including, but not limited to, can, nun, mooring and spar, which by means of certain specifications shall be used to warn vessel operators of natural or artificial obstructions or hazards; to indicate safe channels and to furnish information and control vessel operation.

(3) "Cardinal system" means an aid to navigation based on the cardinal points of the compass, north, east, south, and west.

(4) "Lateral system" means aids to navigation based on the use of red and black solid colored buoys.

(5) "Occulting" means a light totally eclipsed at regular intervals, the duration of light always greater than the duration of darkness.

(6) "Quick flashing" means a light flashing not less than 60 flashes per minute.

(7) "Regulatory marker" means a buoy or daymark that indicates to a vessel operator the existence of dangerous areas, restricted or controlled areas and provides information and directions; regulatory marker does not include buoys used to mark fish nets and devices.

(8) "Slow flashing" means a light flashing not more than 30 flashes per minute.

(9) "Uniform waterway marker system" means the system of private aids to navigation, including regulatory markers, which may be placed in the waters of the state.

History

• History: 1979 AC; 2014 AACS.

Mich. Admin. Code R 281.1102 Applicability {#sec-r-281.1102 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1102}

Rule 2. These rules apply to any person placing regulatory markers or other aids to navigation on any waters within the territorial limits of this state including those waters of the Great Lakes which are under the jurisdiction of this state.

History

• History: 1979 AC.

Mich. Admin. Code R 281.1103 Revocable marker permits {#sec-r-281.1103 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1103}

Rule 3. (1) A person shall not place buoys, markers or aids to navigation, except mooring buoys and buoys for marking fish nets or fishing devices, in any waters of the state unless a permit granting authority to do so has been issued by the department or the United States coast guard.

(2) A person desiring to place buoys, markers or aids to navigation, except mooring buoys and buoys for marking fish nets or fishing devices, in any waters of the state shall comply with the following:

(a) File an application for a revocable marker permit with the department on forms furnished by the department.

(b) Place the buoys, markers or aids to navigation in accordance with the location, specifications, terms and conditions specified in the permit.

(c) Maintain the buoys, markers or aids to navigation in a good, serviceable and legible condition.

History

• History: 1979 AC.

Mich. Admin. Code R 281.1104 General {#sec-r-281.1104 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1104}

Rule 4. (1) The state uniform waterway marking system has been developed to provide means to convey to the small vessel operator, in particular, adequate guidance to indicate safe boating channels by indicating the presence of either natural or artificial obstructions or hazards, marking restricted or controlled areas, and providing directions. The uniform waterway marking system is suited for use in all water areas and designed to satisfy the needs of all types of small vessels. It supplements and is generally compatible with the United States coast guard lateral system aids to navigation.

(2) The uniform waterway marking system consists of 2 categories of aids to navigation which are:

(a) A system of regulatory markers to indicate to a vessel operator the existence of dangerous areas as well as those which are restricted or controlled, such as speed zones and areas dedicated to a particular use, or to provide general information and directions.

(b) A system of aids to navigation to supplement the federal lateral system of buoyage.

History

• History: 1979 AC.

Mich. Admin. Code R 281.1105 Markers; size, shape, material, and construction {#sec-r-281.1105 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1105}

Rule 5. (1) The size, shape, material, and construction of all markers, both fixed and floating, shall be such as to be observable under normal conditions of visibility at a distance whereby the significance of the marker or aid will be recognizable before the observer proceeds into danger.

(2) All buoys, except mooring buoys and fish net or other fishing device buoys, shall be not less than 6 inches in diameter and shall have an exposure of not less than 36 inches extending above the water line of the buoy.

(3) Mooring buoys shall be not less than 12 inches in diameter and shall have an exposure of not less than 18 inches extending above the water line of the buoy.

(4) Buoys of dimensions other than specified by these rules may be authorized by the director or his authorized representative to meet unusual conditions.

(5) All buoys shall be ballasted so that they will float upright without assistance from the anchor or anchor line.

History

• History: 1979 AC.

Mich. Admin. Code R 281.1106 Numbers, letters, or words on markers {#sec-r-281.1106 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1106}

Rule 6. (1) Numbers, letters or words on an aid to navigation or regulatory marker shall be placed in a manner as to be clearly visible to an approaching or passing vessel. They shall be block style, well-proportioned and as large as the available space permits. Numbers and letters on red or black backgrounds shall be white; numbers and letters on white backgrounds shall be black.

(2) Odd numbers shall be used to identify solid colored black buoys or black topped buoys; even numbers shall be used to identify solid colored red buoys or red topped buoys. All numbers shall increase in an upstream direction or toward the head of navigation. The use of numbers to identify buoys is discretionary unless required as specified in the permit.

(3) Letters only may be used to identify regulatory and red vertically striped obstruction markers. When used, the letters shall follow alphabetical sequence in an upstream direction or toward the head of navigation. The letters I and O shall be omitted to preclude confusion with numbers. The use of letters to identify regulatory and obstruction markers is discretionary unless required as specified in the permit.

History

• History: 1979 AC.

Mich. Admin. Code R 281.1107 Reflectors or retroreflective materials {#sec-r-281.1107 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1107}

Rule 7. (1) The use of reflectors or retroreflective materials is discretionary unless required as specified in the permit.

(2) When used on buoys having lateral significance, red reflectors or retroreflective materials shall be used on solid colored red buoys; green reflectors or retroreflective materials shall be used on solid colored black buoys; white reflectors or retroreflective materials only shall be used for all other buoys including regulatory markers, except that orange reflectors or retroreflective materials may be used on the orange portions of regulatory markers.

History

• History: 1979 AC.

Mich. Admin. Code R 281.1108 Navigation lights; types; colors {#sec-r-281.1108 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1108}

Rule 8. (1) The use of navigational lights is discretionary unless required as specified in the permit.

(2) When used, lights on solid colored buoys shall be regularly flashing, regularly occulting or equal interval lights. For ordinary purposes, the frequency of flashes may be not more than 30 flashes per minute. When it is desired that lights have a distinct cautionary significance, as at sharp turns or sudden constrictions in the channel or to mark wrecks or other artificial or natural obstructions, the frequency of flashes may be not less than 60 flashes per minute.

(3) When a light is used on a cardinal system buoy or a vertically striped white and red buoy, it shall always be quick flashing.

(4) The colors of the lights shall be the same as for reflectors; a red light only on a solid colored red buoy; a green light only on solid colored black buoy; a white light only for all other buoys including regulatory markers.

History

• History: 1979 AC.

Mich. Admin. Code R 281.1109 Ownership identification {#sec-r-281.1109 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1109}

Rule 9. The use and placement of ownership identification is discretionary if ownership identification is worded and placed in a manner which avoids detracting from the meaning intended to be conveyed by a navigational aid or regulatory marker.

History

• History: 1979 AC.

Mich. Admin. Code R 281.1110 Regulatory markers {#sec-r-281.1110 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1110}

Rule 10. (1) Each regulatory marker shall be colored white with international orange geometric shapes.

(2) When a buoy is used as a regulatory marker, it shall be white with horizontal bands of international orange completely around the buoy circumference. One band shall be at the top of the buoy body, with a second band placed just above the water line of the buoy so that both international orange bands are clearly visible to approaching vessels. The area of buoy body visible between the 2 bands shall be white.

(3) Geometric shapes shall be placed on the white portion of the buoy body and shall be colored international orange. The authorized geometric shapes and meanings associated with them are as follows:

(a) A vertical open faced diamond shape to mean danger.

(b) A vertical open faced diamond shape having a cross centered in the diamond to mean that a vessel is excluded from the marked area.

(c) A circular shape to mean that a vessel operated in the marked area is subject to certain operating restrictions.

(d) A square or rectangular shape with directions or information lettered on the inside.

(4) Where a regulatory marker consists of a square or rectangular shaped sign displayed from the shore or a structure, the sign shall be white, with an international orange border. When a diamond or circular geometric shape associated with meaning of the marker is included, it shall be centered on the signboard.

History

• History: 1979 AC.

Mich. Admin. Code R 281.1111 Aids to navigation {#sec-r-281.1111 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1111}

Rule 11. (1) On a well defined channel including a river or other relatively narrow natural or improved waterway, an aid to navigation shall be a solid colored buoy. A buoy which marks the left side of the channel looking upstream or toward the head of navigation shall be colored all black. A buoy which marks the right side of the channel looking upstream or toward the head of navigation shall be colored all red.

On a well defined channel, solid colored buoys shall be established in pairs, 1 or each side of the navigable channel which they mark, and opposite each other to inform the user that the channel lies between the buoys and that he should pass between the buoys.

(2) On an irregularly defined channel, solid colored buoys may be used singly in staggered fashion on alternate sides of the channel if they are spaced at sufficiently close intervals to inform the user that the channel lies between the buoys and that he should pass between the buoys.

(3) Where there is no well defined channel or when a body of water is obstructed by objects whose nature or location is such that the obstruction can be approached by a vessel from more than 1 direction, supplemental aids to navigation having cardinal meaning (i.e., pertaining to the cardinal points of the compass, north, east, south, and west) shall be used. The use of aids to navigation having cardinal meaning is limited to those waters of the state which are not navigable waters of the United States.

(4) Aids to navigation conforming to the cardinal system shall consist of 3 distinctly colored buoys.

(a) A white buoy with a red top shall be used to indicate to a vessel operator that he must pass to the south or west of the buoy.

(b) A white buoy with a black top shall be used to indicate to a vessel operator that he must pass to the north or east of the buoy.

(c) A buoy showing alternate red and white stripes shall be used to indicate to a vessel operator that an obstruction to navigation extends from the nearest shore to the buoy and that he must not pass between the buoy and shore. The number of white and red stripes is discretionary, if the white stripes are twice the width of the red stripes.

History

• History: 1979 AC.

Mich. Admin. Code R 281.1112 Mooring buoys {#sec-r-281.1112 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1112}

Rule 12. Mooring buoys may be placed in waters of the state without a permit having been issued by the department; however, they shall:

(a) Be colored white and shall have a horizontal blue band around the circumference of the buoy centered midway between the top of the buoy and the water line.

(b) If required to be lighted, display a slow flashing white light. When its location in a waterway is such that is constitutes an obstruction to a vessel operated during hours of darkness, it shall display a quick flashing white light.

(c) Bear ownership identification if desired and if the manner and placement of the identification does not detract from the meaning intended to be conveyed by the color scheme or identification letter when assigned.

History

• History: 1979 AC.

Mich. Admin. Code R 281.1113 Buoys marking fish nets or other fishing devices {#sec-r-281.1113 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1113}

Rule 13. (1) Buoys marking fish nets or other fishing devices may be placed in waters of the state without a permit.

(2) Buoys marking state licensed commercial fishing nets, hook lines, or any other continuous fishing devices shall meet all of the following requirements:

(a) Be a spar buoy with a staff not less than 1 inch in diameter.

(b) Have an exposure of not less than 5 1/2 feet above the water surface.However, in waters less than 6 feet deep, exposure above the water surface shall be 3 to 5 ½ feet.

(c) Display 1 or more flags that meet both of the following requirements:

(i) Each flag shall be orange in color, not less than 12 inches by 12 inches and shall be securely affixed to the buoy.

(ii) The uppermost flag shall be attached to the top of the spar and any required additional flag shall be attached immediately below the uppermost flag.

(d) As required by subrules (6) and (8) of this rule, have affixed a license number or other identification required by section 47322 of 1994 PA 451, MCL 324.47322. The license number shall be displayed in plain, legible letters or numbers, or both, that are at least 3 inches in height and that are of a color that contrasts to the bowl to which they are affixed.

(e) Be maintained in good and serviceable condition.

(f) Float in an upright position.

(g) When required by subrules (4) and (5) of this rule, be constructed of metal or be fitted with a metal radar reflector consisting of metallic plates or cylinders not less than 6 inches in height and capable of radar detection from any direction.

(3) Floats marking state licensed commercial fishing nets, hook lines, or any other continuous fishing devices shall meet all of the following requirements:

(a) Be orange in color and float on the surface.

(b) Except as otherwise specified in subrules (4) and (6), a float shall be at least 6 inches in diameter and 14 inches in length. As an alternative, a gang or group of smaller floats bound together and having a combined median longitudinal cross-section surface area equal to or greater than a 6 inch by 14 inch float may be used.

(c) Be maintained in good and serviceable condition.

(4) Impoundment nets, other than pound nets, shall be marked with the following combination of spar buoys and floats:

(a) A float shall be attached to the king anchor.

(b) A spar buoy displaying 2 orange flags and having a metal radar reflector affixed to the top of the staff shall be attached to the lifting buoy.

(c) A spar buoy displaying an orange flag shall be attached to the lead anchor, however, reverse trap nets sharing a common lead do not require a spar buoy on the common lead.

(d) A float shall be attached to each wing anchor.

(e) Any portion of an impoundment net, including wings or lead, set in such a manner that there is 15 feet of water or less above the top of the net, wing, or lead shall display at least 1 of the following:

(i) A float spaced not more than every 300 feet along the entire length of the net, wing, or lead.

(ii) A float that is at least 1 ½ inches in diameter and 4 inches in length spaced every 12 feet along the corkline of the net, wing, or lead.

(5) A pound net shall be marked with a spar buoy that is attached to the lifting buoy.

The spar buoy shall display 2 orange flags, and be constructed of metal or be fitted with a metal radar reflector affixed to the top of the staff and consisting of metallic plates or cylinders not less than 6 inches in height and capable of radar detection from any direction.

(6) Gill nets shall be marked with the following combination of spar buoys and floats:

(a) A spar buoy shall be attached to each end of the gill net or to each end of a gang of gill nets and shall display an orange flag. It shall be constructed of metal or be fitted with a metal radar reflector affixed to the top of the staff and consisting of metallic plates or cylinders not less than 6 inches in height and capable of radar detection from any direction.

(b) In addition to the requirements in subdivision (a) of this subrule, any portion of a gill net set in water 15 feet deep or less shall have at least 1 of the following:

(i) A float spaced not more than every 300 feet along the entire length of the net.

(ii) A float that is at least 1 ½ inches in diameter and 4 inches in length spaced every 12 feet along the corkline.

(7) Hook lines shall be marked by a spar buoy displaying an orange flag attached to each end of the hook line or each end of a gang of hook lines.

(8) A fisher setting or using nets, hook lines, or other continuous fishing devices shall display their license number upon the buoy bowls as follows:

(a) On all gill net spar buoy bowls.

(b) On all hook line spar buoy bowls.

(c) On trap nets and other impoundment fishing devices, excluding pound nets, on the bowl of the lifting buoy.

(d) On pound nets, on the middle stake of the non-lead side of the pound net.

(9) When any net, hook line, or other continuous fishing device is set under the ice, its location shall be marked by a stake extending not less than 4 feet above the surface of the ice at each end of the net, hook line, or continuous fishing device. The license number of the fisher setting or using the net, hook line, or other continuous fishing device shall be displayed on each stake in plain, legible figures at least 3 inches in height.

(10) Floats and buoys required by this rule shall be attached with the minimum amount of line necessary to allow the float or buoy to remain visible on the water's surface. Any extra line, including lines from buoys or other equipment necessary for the operation of the fishing device, shall be weighted in a manner that causes the extra line to be submerged vertically below any buoy, float, or other equipment.

History

• History: 2004 AACS.

Mich. Admin. Code R 281.1114 Nonconforming markers {#sec-r-281.1114 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1114}

Rule 14. Markers or buoys established in waters of the state in accordance with terms of a permit issued by the department prior to the effective date of these rules may be continued in use as long as they are in good, serviceable and legible condition.

At such time as the markers or buoys are no longer in good, serviceable and legible condition or are replaced for other reasons, they shall be replaced with buoys conforming to these rules.

History

• History: 1979 AC.

R 281.1201 to R 281.1209 Numbering of Vessels and Motorboats

Mich. Admin. Code R 281.1201 Definitions {#sec-r-281.1201 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1201}

DEPARTMENT OF NATURAL RESOURCES

LAW ENFORCEMENT DIVISION

NUMBERING OF VESSELS AND MOTORBOATS

(By authority conferred on the department of natural resources by Part 801 of 1994 PA 451, as amended, MCL 324.80101 et seq.)

Rule 1. "Act" means Part 801 of the natural resources and environmental protection act, 1994 PA 451, as amended, MCL 324.80101 et seq. Terms defined in the act have the same meanings when used in these rules.

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 281.1202 Applicability {#sec-r-281.1202 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1202}

Rule 2. These rules apply to all motorboats and all other vessels 12 feet in length or over which are required to be numbered or to display a decal indicating payment of fees under the act and which are operated on any waters within the territorial limits of this state, including those waters of the Great Lakes which are under the jurisdiction of this state.

History

• History: 1979 AC.

Mich. Admin. Code R 281.1203 Form of number {#sec-r-281.1203 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1203}

Rule 3. (1) Each number required by the act shall consist of capital letters MC denoting the state of Michigan followed by 4 numerals followed by 2 capital letters (example: MC 0000 AA).

(2) A number suffix shall not include the letters I, O, or Q which may be mistaken for numerals.

History

• History: 1979 AC.

Mich. Admin. Code R 281.1204 Numbers; display; size; color {#sec-r-281.1204 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1204}

Rule 4. (1) Each number required by the act shall meet all of the following requirements:

(a) Be painted on or permanently attached to each side of the forward half of the vessel or motorboat except as allowed by subrule (2) or required by subrule (3).

(b) Be in plain vertical block characters of not less than 3 inches in height.

(c) Contrast with the color of the background and be distinctly visible and legible.

(d) Have spaces or hyphens that are equal to the width of the letter "M" between the letter and number groupings (example: MC 0000 AA or MC--0000--AA).

(e) Read from left to right.

(f) Be as high above the water lines as practical.

(2) When a vessel or motorboat is used by a manufacturer or dealer for testing or demonstrating, the number may be painted on or attached to removable plates that are temporarily but firmly attached to each side of the forward half of the vessel or motorboat.

(3) On vessels or motorboats so configured that a number on the hull or superstructure would not be easily visible, the number must be painted on or attached to a backing plate that is attached to the forward half of the vessel or motorboat so that the number is visible from each side of the vessel or motorboat.

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 281.1205 Other numbers prohibited {#sec-r-281.1205 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1205}

Rule 5. A person may not use a vessel or motorboat to which these rules apply that has any number that is not issued by the secretary of state for that vessel or motorboat on its forward half.

History

• History: 1979 AC.

Mich. Admin. Code R 281.1206 Documented vessels; decals; display {#sec-r-281.1206 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1206}

Rule 6. (1) Each decal required by the act to indicate payment of fees required of vessels documented by the United States coast guard or a federal agency successor thereto as provided by the act shall be:

(a) Identical to the validation decal prescribed in R 281.1208.

(b) Be permanently affixed to each side of the forward half of the vessel.

(c) Be as high above the water line as practical.

(2) When a decal is lost, destroyed, or defaced, the owner of the documented vessel shall apply to the secretary of state for a duplicate decal.

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 281.1207 Removal of number {#sec-r-281.1207 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1207}

Rule 7. The person whose name appears on a certificate of number as the owner of a motorboat or vessel shall remove the number and validation decal from the vessel when 1 of the following occurs:

(a) The motorboat or vessel is documented by the United States coast guard or federal agency successor thereto; however, the decal prescribed in R 281.1206 shall then be displayed.

(b) The certificate of number is invalid under the act.

(c) The motorboat or vessel is no longer principally used in this state.

History

• History: 1979 AC.

Mich. Admin. Code R 281.1208 Validation decals; display; size; color {#sec-r-281.1208 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1208}

Rule 8. (1) The validation decal required by the act shall meet the following requirements:

(a) Be permanently attached to each side of the forward half of the motorboat or vessel.

(b) Be approximately 3 inches square.

(c) Indicate the year in which the decal expires by the colors, blue, international orange, green, and red, in rotation beginning with blue for decals that expire in 1973 (example: decal expires December 31, 1973--blue, expires December 31, 1974--international orange, expires December 31, 1975--green, expires December 31, 1976--red, expires December 31, 1977--blue, etc.).

(d) Be displayed on each side of the motorboat or vessel 3 inches beyond the last letter of the assigned number and on the same strake or level as the number.

(2) When a validation decal is lost, destroyed, or defaced, the owner of the motorboat or vessel shall apply to the secretary of state for a duplicate.

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 281.1209 Rescission {#sec-r-281.1209 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1209}

Rule 9. Rule 51 of the general rules of the department relating to numbering of motorboats, being R 281.1051 of the Michigan Administrative Code and appearing on page 5427 of the 1970-71 Annual Supplement to the Code, is rescinded.

History

• History: 1979 AC.

R 281.1221 to R 281.1226 Marine Collisions, Accidents, Or Other Casualties

Mich. Admin. Code R 281.1221 Definitions {#sec-r-281.1221 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1221}

DEPARTMENT OF NATURAL RESOURCES

LAW ENFORCEMENT DIVISION

MARINE COLLISIONS, ACCIDENTS, OR OTHER CASUALTIES

(By authority conferred on the department of natural resources by section 80139 of 1994 PA 451, MCL 324.80139)

Rule 1. "Act" means the natural resources and environmental protection act, 1994 PA 451, as amended. Terms defined in the act have the same meanings when used in these rules.

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 281.1222 Applicability {#sec-r-281.1222 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1222}

Rule 2. (1) These rules apply to each vessel used on any waters within the territorial limits of this state, including those waters of the Great Lakes which are under the jurisdiction of this state, that is used by its operator for recreational purposes; or is required to be numbered under the act.

(2) These rules do not apply to a vessel required to have a certificate of inspection under chapter I of title 46, code of federal regulations.

History

• History: 1979 AC.

Mich. Admin. Code R 281.1223 Immediate notification of death or disappearance {#sec-r-281.1223 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1223}

Rule 3. (1) When, as a result of an occurrence that involves a vessel or its equipment a person dies or disappears from a vessel, the operator shall notify without delay, by the quickest means available, the sheriff of the county in which the collision, accident or other casualty occurred or the nearest peace officer or state police post of the following:

(a) The date, time and exact location of the occurrence.

(b) The name of each person who died or disappeared.

(c) The number and name of the vessel.

(d) The names and addresses of the owner and operator.

(2) When the operator of a vessel cannot give the notice required by subrule (1), each person on board the vessel shall give the required notice or determine that the notice has been given.

History

• History: 1979 AC.

Mich. Admin. Code R 281.1224 Report of collision, accident, or other casualty {#sec-r-281.1224 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1224}

Rule 4. (1) The report required by section 53 of the act shall be made by the operator of a vessel when, as a result of an occurrence that involves the vessel or its equipment, any of the following occur:

(a) A person dies.

(b) A person loses consciousness or receives medical treatment or is disabled for more than 24 hours.

(c) Damage to the vessel and other property damage totals $2,000.00 or more.

(d) A person disappears from the vessel under circumstances that indicate death or injury.

(2) A report required by section 53 of the act and this rule shall be made as follows:

(a) Within 48 hours of the occurrence if a person dies within 24 hours of the occurrence.

(b) Within 48 hours of the occurrence if a person loses consciousness or receives medical treatment or is disabled for more than 24 hours or disappears from a vessel.

(c) Within 5 days of the occurrence or death if an earlier report is not required by this rule.

(3) If the operator of a vessel cannot make the report required by section 53 of the act and this rule, then the owner shall make the report.

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 281.1225 Collision, accident, or other casualty report {#sec-r-281.1225 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1225}

Rule 5. Each report required by section 55 of the act shall be in writing dated upon completion and signed by the peace officer who prepared it and shall contain, if available, at least the following information about the collision, accident or other casualty:

(a) The numbers and names of each vessel involved.

(b) The name and address of each owner of each vessel involved.

(c) The name of the nearest city or town, the county, the state and the body of water.

(d) The time and date the collision, accident, or other casualty occurred.

(e) The location on the water.

(f) The visibility, weather, and water conditions.

(g) The estimated air and water temperatures.

(h) The name, address, age or date of birth, telephone number, vessel operating experience, and boating safety training of the operator involved in the occurrence.

(i) The number of persons on board or towed on water skis, surfboard, or similar contrivance by each vessel.

(j) The name, address, and date of birth of each person injured or killed, whether or not artificial respiration was used, if a physician was in attendance and where the person was treated.

(k) The cause of each death.

(l) Weather forecasts available to, and weather reports used by, the operators of the vessels involved before and during the use of the vessels.

(m) The name and address of each owner of property involved.

(n) The availability and use of personal flotation devices.

(o) The type and amount of each fire extinguisher used.

(p) The nature and extent of each injury.

(q) A description of all property damage and vessel damage with an estimate of the cost of all repairs.

(r) A description of each equipment failure that caused or contributed to the cause of the collision, accident, or other casualty.

(s) A description of the occurrence.

(t) The names of any persons arrested and the charge.

(u) The type of vessel operation (cruising, drifting, fishing, hunting, skiing, racing, or other), and the type of accident (capsizing, sinking, fire, explosion, or other).

(v) The opinion of the peace officer making the report as to the cause of the occurrence.

(w) The make, model, type (open, cabin, house, or other), beam width at widest point, length, depth from transom to keel, horsepower, propulsion (outboard, inboard, inboard outdrive, sail, or other), fuel (gas, diesel, or other), construction (wood, steel, aluminum, plastic, fiberglass, or other) and year built (model year), of the vessels involved.

(x) The name, address, and telephone number of each witness.

(y) The manufacturer's hull identification number, if any, of each vessel involved.

(z) The name, address, department, and telephone number of the peace officer submitting the report.

History

• History: 1979 AC.

Mich. Admin. Code R 281.1226 Where to report {#sec-r-281.1226 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1226}

Rule 6. (1) If the collision, accident, or other casualty occurred on waters of this state the report shall be made as required by sections 53 and 55 of the act.

(2) If the collision, accident, or other casualty occurred outside this state the report shall be made to the authority having jurisdiction over the waters where the collision, accident, or other casualty occurred.

History

• History: 1979 AC.

R 281.1231 to R 281.1252 Associated Equipment on Vessels

Mich. Admin. Code R 281.1231 Definitions {#sec-r-281.1231 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1231}

DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENT

LAW ENFORCEMENT DIVISION

ASSOCIATED EQUIPMENT ON VESSELS

(By authority conferred on the director of natural resources and environment by section 80109 of 1994 PA 451, MCL 324.80109 and Executive Reorganization Order Nos. 1991-22 and 2009-31, MCL 299.13 and 324.99919)

Rule 1. (1) "Act" means 1994 PA 451, MCL 324.80101 to 324.80199. Terms defined in the act have the same meanings when used in these rules.

(2) "Open boat" means a motorboat with all engine and fuel tank compartments and other spaces to which explosives or flammable gases and vapors from these compartments may flow, open to the atmosphere and so arranged as to prevent the entrapment of gases and vapors within the vessel.

(3) "Point" means 11 1/4 degrees of the compass.

History

• History: 1979 AC; 2010 AACS.

Mich. Admin. Code R 281.1232 Applicability {#sec-r-281.1232 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1232}

Rule 2. These rules apply to vessels and associated equipment used, to be used, or carried in vessels used on any waters within the territorial limits of this state including those waters of the Great Lakes which are under the jurisdiction of this state, except:

(a) Foreign vessels temporarily using waters subject to state jurisdiction.

(b) Military or public vessels of the United States, except recreational-type public vessels.

(c) A vessel whose owner is a state or political subdivision thereof, other than this state and its political subdivisions, which is used principally for governmental purposes, and which is clearly identifiable as such.

(d) A ship's lifeboat.

History

• History: 1979 AC.

Mich. Admin. Code R 281.1233 Navigation lights; intensity standards; placement; screening {#sec-r-281.1233 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1233}

Rule 3. (1) Navigation lights shall be of sufficient intensity so that the candlepower outside the lens is not less than that amount corresponding to the required distance of visibility as indicated in table 1.

TABLE 1

Distance of Visibility In Nautical Miles Candlepower 1 1.0 2 5.5 3 17.6 5 100.0 (2) As an aid in complying with this rule, the standard double contact bayonet candelabra base lamps listed in table 2 are recommended for motorboats having 6- to 32-volt electrical systems.

TABLE 2

Distance of Visibility in Nautical Miles Color Lamp Number for Certain Voltage Systems With Fresnel Lens Without Fresnel Lens 6 12 32 6 12 32 1 Red 82 90 1,226 1,130 1,142 1,230 1 Green 88 94 1,228 — — — 2 White 64 68 1,224 82 90 1,226 3 White 82 90 1,226 1,130 1,142 1,230 (3) As an aid in complying with this rule, the incandescent lamps listed in table 3 are recommended for vessels having 115 volt electrical systems.

TABLE 3

Distance of Visibility in Nautical Miles Color Wattage With Fresnel Lens Without Fresnel Lens 1 Red — 25 1 Green 25 50 2 White — 15 2 Amber — 25 2 Red 40 100 2 Green 75 200 3 White — 25 3 Amber 25 75 5 White 40 100 (4) The light intensity standards of this rule shall apply to new navigation lights installed and replacements of existing lights made on and after January 1, 1973.

(5) Navigation lights required by these rules shall be placed high enough that their light will not be obstructed by persons or parts of the boat or its equipment and shall be screened as indicated in figure 1.

Figure for 281.1233

History

• History: 1979 AC.

Mich. Admin. Code R 281.1234 Personal flotation devices {#sec-r-281.1234 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1234}

Rule 4. (1) Personal flotation devices required by these rules to be carried aboard vessels shall be of the following types:

(a) Type I, an approved device designed to turn an unconscious person in the water from a face downward position to a vertical or slightly backward position, and to have more than 20 pounds of buoyancy.

(b) Type II, an approved device designed to turn an unconscious person in the water from a face down position to a vertical or slightly backward position and to have at least 15.5 pounds of buoyancy.

(c) Type III, an approved device designed to keep a conscious person in a vertical or slightly backward position and to have at least 15.5 pounds of buoyancy.

(d) Type IV, an approved device designed to be thrown to a person in the water and not worn. It is designed to have at least 16.5 pounds of buoyancy.

(2) Personal flotation devices required by these rules to be carried aboard vessels shall be:

(a) Approved by the United States coast guard.

(b) Legibly marked with the approval number issued by the United States coast guard.

(c) Of an appropriate size for the person for whom it is intended.

(d) Readily accessible and immediately available.

(e) In good and serviceable condition.

History

• History: 1979 AC.

Mich. Admin. Code R 281.1235 Fire extinguishing equipment {#sec-r-281.1235 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1235}

Rule 5. (1) All hand portable fire extinguishers, semiportable fire extinguishing systems, and fixed fire extinguishing systems required by these rules shall be of a type approved by the United States coast guard.

(2) Hand portable fire extinguishers and semiportable fire extinguishing systems are classified by a combination letter and number symbol whereby the letter indicates the type of fire which the unit could be expected to extinguish, and the number indicates the relative size of the unit.

(3) For the purpose of these rules, all required hand portable fire extinguishers and semiportable fire extinguishing systems are of the "B" type suitable for extinguishing fires involving flammable liquids and greases.

(4) The number designations for size start with "I" for the smallest to "III" for the largest. Sizes I and II are considered hand portable fire extinguishers and size III is considered a semiportable fire extinguishing system which shall be fitted with a suitable hose and nozzle or other practicable means so that all portions of the space concerned may be covered. Examples of size graduations for some of the typical hand portable fire extinguishers and semiportable fire extinguishing systems are as indicated in table 4.

TABLE 4

Classification Type Size Foam, Gallons Carbon Dioxide, Pounds Dry Chemical, Pounds B I 1¼ 4 2 B II 2½ 15 10 B III 12 35 20 (5) All hand portable fire extinguishers and semiportable fire extinguishing systems shall have permanently attached a metallic nameplate giving the name of the item; the rated capacity in gallons, quarts, or pounds; the name and address of the person or firm for whom approved; and, the identifying mark of the actual manufacturer.

(6) Vaporizing liquid-type fire extinguishers containing carbon tetrachloride or chlorobromomethane or other toxic liquids are not acceptable as equipment required by these rules.

(7) Hand portable or semiportable extinguishers which are required on their nameplates to be protected from freezing shall not be located where freezing temperatures may be expected.

(8) A dry chemical, stored pressure, fire extinguisher not fitted with pressure gauge or indicating device, manufactured prior to January 1, 1965, may be carried on motorboats so long as it is maintained in good and serviceable condition. The following maintenance and inspections are required for such an extinguisher:

(a) When the date on the inspection record tag on the extinguisher shows that 6 months have elapsed since the last weight check ashore, the extinguisher is not accepted as meeting required maintenance conditions until reweighed ashore and found to be in a serviceable condition and within required weight conditions.

(b) If the weight of the container is 1/4 ounce less than that stamped on the container, it shall be serviced.

(c) If the outer seals, which indicate tampering or use when broken, are not intact, the officer shall inspect the extinguisher to see that the frangible disc in the neck of the container is intact; and if the disc is not intact, the container shall be serviced.

(d) If there is evidence of damage, use, or leakage, such as dry chemical powder observed in the nozzle or elsewhere on the extinguisher, the container shall be replaced and the extinguisher properly serviced or the extinguisher replaced with another approved extinguisher.

(9) A dry chemical, stored pressure, fire extinguisher without pressure gauge or indicating device manufactured after January 1, 1965, shall not be carried on motorboats as required equipment.

(10) When a fixed fire extinguishing system is installed, it shall be of a carbon dioxidetype approved and installed as required by the United States coast guard.

(11) The intent of these rules is illustrated in figure 2, where fire extinguishers are required if any of the specified conditions exist, and in figure 3, where specified conditions do not, in themselves, require that fire extinguishers be carried.

Fire extinguishers are required if any of the following conditions exist:

1. Closed compartment under thwarts and seats where portable fuel tanks may be stored.

2. Double bottoms not sealed to the hull or which are not completely filled with flotation material.

3. Closed living spaces.

4. Closed compartments in which combustible or flammable materials are stored.

5. Permanently installed fuel tanks.

The following conditions do not, in themselves, require that fire extinguishers be carried:

1. Bait wells.

2. Glove compartments.

3. Buoyant flotation material.

4. Open slatted flooring.

5. Ice chests.

History

• History: 1979 AC; 2010 AACS.

Mich. Admin. Code R 281.1236 Backfire flame control {#sec-r-281.1236 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1236}

Rule 6. (1) Every gasoline engine installed in a motorboat after April 25, 1940, except outboard motors, shall be equipped with an acceptable means of backfire flame control.

(2) Installations made before November 19, 1952, need not meet the requirements of this rule and may be continued in use as long as they are serviceable and in good condition. Replacements shall meet the requirements in this rule.

(3) Installations consisting of backfire flame arresters bearing United States coast guard approval no. 162.015 may be continued in use as long as they are serviceable and in good condition. Replacements shall meet the requirements of this rule.

(4) Installations consisting of engine air and fuel induction systems and given United States coast guard approval no. 162.015 may be continued in use as long as they are serviceable and in good condition. Replacements shall meet the requirements of this rule.

(5) The following are acceptable means of backfire flame control for gasoline engines:

(a) A backfire flame arrester constructed in accordance with specifications of, and approved by, the United States coast guard. The flame arrester shall be suitably secured to the air intake with flame-tight connections.

(b) An engine air and fuel induction system which provides adequate protection from propagation of backfire flame to the atmosphere equivalent to that provided by an approved backfire flame arrester. A gasoline engine utilizing an air and fuel induction system, and operated without an approved backfire flame arrester shall have the installation tested and labeled in accordance with the specifications of, and approved by, the United States coast guard.

(c) Any attachment to the carburetor or the engine air induction system to ensure that flames caused by engine backfire will be dispersed to the atmosphere outside the vessel so that the flames will not endanger the vessel, persons on board, or nearby vessels and structures. All attachments shall be of metallic construction with flametight connections and firmly secured to withstand vibration, shock, and engine backfire.

The installations do not require formal approval and labeling, but will be accepted by state and local law enforcement officers on the basis of compliance with this rule.

(d) If manufacturers produce an integrated engine-vessel design, a pre-market approval of an engine air induction system is available. An installation shall be tested and labeled in accordance with specifications approved by the United States coast guard.

History

• History: 1979 AC; 2010 AACS.

Mich. Admin. Code R 281.1237 Ventilation {#sec-r-281.1237 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1237}

Rule 7. All motorboats, except open boats, the construction or decking over of which is commenced after April 25, 1940, and which use fuel having a flash point of 110 degrees Fahrenheit or less, shall have at least 2 ventilator ducts, fitted with cowls or their equivalent, for the efficient removal of explosive or flammable gases from the bilges of every engine and fuel tank compartment. There shall be at least 1 exhaust duct installed to extend from the open atmosphere to the lower portion of the bilge and at least 1 intake duct installed to extend to a point at least midway to the bilge or at least below the level of the carburetor intake. The cowls shall be located and trimmed for maximum effectiveness to prevent displaced fumes from being recirculated.

History

• History: 1979 AC; 2010 AACS.

Mich. Admin. Code R 281.1238 Mufflers; cut outs {#sec-r-281.1238 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1238}

Rule 8. The exhaust of all internal combustion engines used on any waters of this state shall be muffled effectively by equipment constructed and used to muffle the noise of the exhaust of the engine in a reasonable manner. The use of cut outs, bypasses, or similar devices is prohibited, except for vessels competing in a boat race or regatta sanctioned by the department under sections 80164 and 80165 of the act. A modern device, underwater exhaust system or a system discharging cold water through the exhaust of an inboard engine, each of which is capable of muffling the noise of the exhaust of the engine in a reasonable manner, shall be considered as meeting the requirements of this rule.

History

• History: 1979 AC; 2010 AACS.

Mich. Admin. Code R 281.1239 Associated equipment carriage requirements {#sec-r-281.1239 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1239}

Rule 9. Associated equipment required by these rules to be carried aboard vessels are as listed in R 281.1240 to R 281.1252 by type and length of vessel and by type of propulsion. A person shall not operate a vessel on waters of this state unless the vessel is equipped in accordance with these rules.

OUTBOARD MOTORBOATS

History

• History: 1979 AC; 2010 AACS.

Mich. Admin. Code R 281.1240 Outboard motorboats less than 16 feet in length {#sec-r-281.1240 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1240}

Rule 10. An outboard motorboat less than 16 feet in length shall be equipped as follows:

(a) If the motorboat is not an open boat, it shall be equipped with 2 ducts fitted with cowls or their equivalent as specified in R 281.1237.

(b) One type I, II, III, or IV coast guard-approved personal flotation device as specified in R 281.1234 in good and serviceable condition for each person aboard. The devices shall be readily available and not encased in plastic bags or other type containers.

(c) If the motorboat is constructed so that it has decking or compartments where explosive or flammable gases may be entrapped as illustrated in figure 2, it shall be equipped with 1 BI-type coast guard approved fire extinguisher in good and serviceable condition and as specified in R 281.1235. When a fixed fire extinguishing system is installed in the machinery space, 1 less BI-type fire extinguisher is required.

(d) If underway between sunset and sunrise, the motorboat shall be equipped with an exhibit 1 white light aft, higher than the bowlight, showing all around the horizon and visible 2 miles and a combination 20 point bowlight forward, showing green to starboard and red to port, visible 1 mile, or in lieu of this requirement, may display lights as specified by the international rules of the road.

(e) If the motorboat is anchored between sunset and sunrise on the Great Lakes or waters connected thereto and not in a special anchorage area, a white light shall be displayed on the forward part of the motorboat to be visible to a boat approaching from any direction.

(f) With lights as specified by R 281.1233.

(g) With a muffler as specified by R 281.1238 for each motor.

History

• History: 1979 AC; 2010 AACS.

Mich. Admin. Code R 281.1241 Outboard motorboats 16 feet or over and less than 26 feet in length {#sec-r-281.1241 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1241}

Rule 11. An outboard motorboat 16 feet or over and less than 26 feet in length shall be equipped as follows:

(a) If the motorboat is not an open boat, it shall be equipped with 2 ducts fitted with cowls or their equivalent as specified in R 281.1237.

(b) One type I, II, or III coast guard-approved personal flotation device as specified in R 281.1234 in good and serviceable condition, for each person aboard, plus 1 type IV throwable device. The devices shall be readily available and not encased in plastic bags or other type containers.

(c) One hand, mouth, or power-operated whistle, capable or producing a blast of 2 seconds or more in duration, and audible for at least 1/2 mile.

(d) If the motorboat is constructed so that it has decking or compartments where explosive or flammable gases may be entrapped as illustrated in figure 2, it shall be equipped with 1 BI-type coast guard approved fire extinguisher in good and serviceable condition and as specified in R 281.1235. When a fixed fire extinguishing system is installed in the machinery space, 1 less BI-type fire extinguisher is required.

(e) If underway between sunset and sunrise, the motorboat shall be equipped with an exhibit 1 white light aft, higher than the bowlight, showing all around the horizon and visible 2 miles and a combination 20 point bowlight forward, showing green to starboard and red to port visible 1 mile or in lieu of this requirement may display lights as specified by the international rules of the road.

(f) If the motorboat is anchored between sunset and sunrise on the Great Lakes or waters connected thereto and not in a special anchorage area, a white light shall be displayed on the forward part of the motorboat to be visible to a boat approaching from any direction.

(g) With lights as specified by R 281.1233.

(h) With a muffler as specified by R 281.1238 for each motor.

History

• History: 1979 AC; 2010 AACS.

Mich. Admin. Code R 281.1242 Outboard motorboats 26 feet or over and less than 40 feet in length {#sec-r-281.1242 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1242}

Rule 12. An outboard motorboat 26 feet or over and less than 40 feet in length shall be equipped as follows:

(a) If the motorboat is not an open boat, it shall be equipped with 2 ducts fitted with cowls or their equivalent as specified in R 281.1237.

(b) One type I, II, or III coast guard-approved personal flotation device as specified in R 281.1234 in good and serviceable condition for each person aboard, plus 1 type IV throwable device. The devices shall be readily available and not encased in plastic bags or other type containers.

(c) One hand or power-operated whistle, capable of producing a blast of 2 seconds or more duration and audible for a distance of at least 1 mile.

(d) If the motorboat is constructed so that it has decking or compartments where explosive or flammable gases may be entrapped as illustrated in figure 2, it shall be equipped with 2 BI-type coast guard approved hand portable fire extinguishers in good and serviceable condition and as specified in R 281.1235. 1 BII-type coast guardapproved fire extinguisher may be substituted for 2 BI types. When a fixed fire extinguishing system is installed in the machinery space, 1 less BI-type fire extinguisher is required.

(e) If underway between sunset and sunrise, the motorboat shall be equipped with an exhibit 1 white light aft, higher than the bowlight, showing all around the horizon and visible 2 miles, 1 white light forward showing 20 points and visible 2 miles, a green light to starboard showing 10 points and visible 1 mile and a red light to port showing 10 points and visible 1 mile or in lieu of this requirement may display lights as specified by the international rules of the road.

(f) If the motorboat is anchored between sunset and sunrise on the Great Lakes or waters connected thereto and not in a special anchorage area a white light shall be displayed on the forward part of the motorboat to be visible to a boat approaching from any direction.

(g) With lights as specified by R 281.1233.

(h) With a muffler as specified by R 281.1238 for each motor.

History

• History: 1979 AC; 2010 AACS.

Mich. Admin. Code R 281.1243 Outboard motorboats 40 feet or over and not more than 65 feet in length {#sec-r-281.1243 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1243}

Rule 13. An outboard motorboat 40 feet or over and not more than 65 feet in length shall be equipped as follows:

(a) If the motorboat is not an open boat, it shall be equipped with 2 ducts fitted with cowls or their equivalent as specified in R 281.1237.

(b) One type I, II, or III coast guard-approved personal flotation device as specified in R 281.1234 in good and serviceable condition for each person aboard, plus 1 type IV throwable device. The devices shall be readily available and not encased in plastic bags or other containers.

(c) One power-operated whistle capable of producing a blast of 2 seconds or more duration, and audible for a distance of at least 1 mile.

(d) If the motorboat is constructed so that it has decking or compartments where explosive or flammable gases may be entrapped as illustrated in figure 2, it shall be equipped with 3 BI-type coast guard-approved hand portable fire extinguishers in good and serviceable condition and as specified in R 281.1235. One BII-type coast guardapproved fire extinguisher may be substituted for 2 BI types. When a fixed fire extinguishing system is installed in the machinery space, 1 less BI-type fire extinguisher is required.

(e) If underway between sunset and sunrise, the motorboat shall be equipped with an exhibit 1 white light aft, higher than the bowlight, showing all around the horizon and visible 2 miles, 1 white light forward showing 20 points and visible 2 miles, a green light to starboard showing 10 points and visible 1 mile and a red light to port showing 10 points and visible 1 mile, or in lieu of this requirement, may display lights as specified by the international rules of the road.

(f) If the motorboat is anchored between sunset and sunrise on the Great Lakes or waters connected thereto and not in a special anchorage area a white light shall be displayed on the forward part of the motorboat to be visible to a boat approaching from any direction.

(g) With lights as specified by R 281.1233.

(h) With a muffler as specified by R 281.1238 for each motor.

INBOARD AND INBOARD-OUTBOARD MOTORBOATS

History

• History: 1979 AC; 2010 AACS.

Mich. Admin. Code R 281.1244 Inboard and inboard-outboard motorboats less than 16 feet in length {#sec-r-281.1244 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1244}

Rule 14. An inboard or inboard-outboard motorboat less than 16 feet in length shall be equipped as follows:

(a) One coast guard-approved backfire flame arrester as specified in R 281.1236 on each carburetor of all gasoline engines.

(b) At least 2 ducts fitted with cowls or their equivalent as specified in R 281.1237.

(c) One type I, II, III, or IV coast guard-approved personal flotation device as specified in R 281.1234 in good and serviceable condition for each person aboard. The devices shall be readily available and not encased in plastic bags or other containers.

(d) One BI-type coast guard-approved hand portable fire extinguisher in good and serviceable condition and as specified in R 281.1235. When a fixed fire extinguishing system is installed in the machinery space, 1 less BI-type fire extinguisher is required.

(e) If underway between sunset and sunrise, the motorboat shall be equipped with and exhibit 1 white light aft, higher than the bowlight, showing all around the horizon and visible 2 miles and a combination 20 point bowlight forward, showing green to starboard and red to port visible 1 mile, or in lieu of this requirement, may display lights as specified by the international rules of the road.

(f) If the motorboat is anchored between sunset and sunrise on the Great Lakes or waters connected thereto and not in a special anchorage area, a white light shall be displayed on the forward part of the motorboat to be visible to a boat approaching from any direction.

(g) With lights as specified by R 281.1233.

(h) A muffler as specified by R 281.1238 for each motor.

History

• History: 1979 AC; 2010 AACS.

Mich. Admin. Code R 281.1245 Inboard and inboard-outboard motorboats 16 feet or over and less than 26 feet in length {#sec-r-281.1245 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1245}

Rule 15. An inboard or inboard-outboard motorboat 16 feet or over and less than 26 feet in length shall be equipped as follows:

(a) One coast guard-approved backfire flame arrester as specified in R 281.1236 on each carburetor of all gasoline engines.

(b) At least 2 ducts fitted with cowls or their equivalent as specified in R 281.1237.

(c) One type I, II, or III coast guard-approved personal flotation device as specified in R 281.1234 in good and serviceable condition for each person aboard, plus 1 type IV throwable device. The devices shall be readily available and not encased in plastic bags or other containers.

(d) One hand, mouth, or power-operated whistle, capable of producing a blast of 2 seconds or more duration, and audible for at least 1/2 mile.

(e) One BI-type coast guard approved hand portable fire extinguisher in good and serviceable condition and as specified in R 281.1235. When a fixed fire extinguishing system is installed in the machinery space, 1 less BI-type fire extinguisher is required.

(f) If underway between sunset and sunrise, the motorboat shall be equipped with an exhibit 1 white light aft, higher than the bowlight, showing all around the horizon and visible 2 miles and a combination 20 point bowlight forward showing green to starboard and red to port visible 1 mile or in lieu of this requirement may display lights as specified by the international rules of the road.

(g) If the motorboat is anchored between sunset and sunrise on the Great Lakes or waters connected thereto and not in a special anchorage area, a white light shall be displayed on the forward part of the motorboat to be visible to a boat approaching from any direction.

(h) With lights as specified by R 281.1233.

(i) With a muffler as specified by R 281.1238 for each motor.

History

• History: 1979 AC; 2010 AACS.

Mich. Admin. Code R 281.1246 Inboard and inboard-outboard motorboats 26 feet and over and less than 40 feet in length {#sec-r-281.1246 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1246}

Rule 16. An inboard or inboard-outboard motorboat 26 feet or over and less than 40 feet in length shall be equipped as follows:

(a) One coast guard-approved backfire flame arrester as specified in R 281.1236 on each carburetor of all gasoline engines.

(b) At least 2 ducts fitted with cowls or their equivalent as specified in R 281.1237.

(c) One hand or power-operated whistle, capable of producing a blast of 2 seconds or more duration and audible for a distance of at least 1 mile.

(d) One type I, II, or III coast guard-approved personal flotation device as specified in R 281.1234 in good and serviceable condition for each person aboard, plus 1 type IV throwable device. The devices shall be readily available and not encased in plastic bags or other containers.

(e) At least 2 BI-type coast guard-approved hand portable fire extinguishers in good and serviceable condition and as specified in R 281.1235. 1 BII-type coast guard-approved fire extinguisher may be substituted for 2 BI types. When a fixed fire extinguishing system is installed in the machinery space, 1 less BI-type fire extinguisher is required.

(f) If underway between sunset and sunrise, the motorboat shall be equipped with an exhibit 1 white light aft, higher than the bowlight, showing all around the horizon and visible 2 miles, 1 white light forward showing 20 points and visible 2 miles, a green light to starboard showing 10 points and visible 1 mile and a red light to port showing 10 points and visible 1 mile, or in lieu of this requirement, may display lights as specified by the international rules of the road.

(g) If the motorboat is anchored between sunset and sunrise on the Great Lakes or waters connected thereto and not in a special anchorage area, a white light shall be displayed on the forward part of the motorboat to be visible to a boat approaching from any direction.

(h) With lights as specified by R 281.1233.

(i) With a muffler as specified by R 281.1238 for each motor.

History

• History: 1979 AC; 2010 AACS.

Mich. Admin. Code R 281.1247 Inboard and inboard-outboard motorboats 40 feet and over and not more than 65 feet in length {#sec-r-281.1247 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1247}

Rule 17. An inboard or inboard-outboard motorboat 40 feet or over and not more than 65 feet in length shall be equipped as follows:

(a) One coast guard-approved backfire flame arrester as specified in R 281.1236 on each carburetor of all gasoline engines.

(b) At least 2 ducts fitted with cowls or their equivalent as specified in R 281.1237.

(c) One power-operated whistle, capable of producing a blast of 2 seconds or more duration and audible a distance of at least 1 mile (d) One type I, II, or III coast guard-approved personal flotation device as specified in R 281.1234 in good and serviceable condition for each person aboard, plus 1 type IV throwable device. The devices shall be readily available and not encased in plastic bags or other containers.

(e) At least 3 BI-type coast guard-approved hand portable fire extinguishers in good and serviceable condition as specified in R 281.1235. 1 BII-type coast guardapproved fire extinguisher may be substituted for 2 BI types. When a fixed fire extinguishing system is installed in the machinery space, 1 less BI-type fire extinguisher is required.

(f) If underway between sunset and sunrise, the motorboat shall be equipped with an exhibit 1 white light aft, higher than the bowlight, showing all around the horizon and visible 2 miles, 1 white light forward showing 20 points and visible 2 miles, a green light to starboard 10 points and visible 1 mile, and a red light to port showing 10 points and visible 1 mile or, in lieu of this requirement, may display lights as specified by the international rules of the road.

(g) If the motorboat is anchored between sunset and sunrise on the Great Lakes or waters connected thereto and not in a special anchorage area, a white light shall be displayed on the forward part of the motorboat to be visible to a boat approaching from any direction.

(h) With lights as specified by R 281.1233.

(i) With a muffler as specified by R 281.1238 for each motor.

SAILBOATS AND OTHER TYPES OF BOATS

History

• History: 1979 AC; 2010 AACS.

Mich. Admin. Code R 281.1248 Sailboat without motor less than 16 feet in length {#sec-r-281.1248 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1248}

Rule 18. A sailboat without a motor and less than 16 feet in length shall be equipped as follows:

(a) One type I, II, III, or IV coast guard approved personal flotation device as specified in R 281.1234 in good and serviceable condition for each person aboard. The devices shall be readily available and not encased in plastic bags or other containers.

(b) If underway between sunset and sunrise, the sailboat shall be equipped with a lantern showing a white light which shall be readily available and shall be exhibited to a boat approaching from any direction in sufficient time to prevent collision.

(c) If the sailboat is anchored between sunset and sunrise on the Great Lakes or waters connected thereto and not in a special anchorage area, a white light shall be displayed on the forward part of the sailboat to be visible to a boat approaching from any direction.

History

• History: 1979 AC; 2010 AACS.

Mich. Admin. Code R 281.1249 Sailboat without motor 16 feet or over in length {#sec-r-281.1249 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1249}

Rule 19. A sailboat without a motor and 16 feet or over in length shall be equipped as follows:

(a) One type I, II, III, or IV coast guard approved personal flotation device as specified in R 281.1234 in good and serviceable condition for each person aboard, plus 1 type IV throwable device. The devices shall be readily available and not encased in plastic bags or other containers.

(b) If underway between sunset and sunrise, the sailboat shall be equipped with a lantern showing a white light which shall be readily available and shall be exhibited to a boat approaching from any direction in sufficient time to prevent collision.

(c) If the sailboat is anchored between sunset and sunrise on the Great Lakes or waters connected thereto and not in a special anchorage area, a white light shall be displayed on the forward part of the sailboat to be visible to a boat approaching from any direction.

History

• History: 1979 AC; 2010 AACS.

Mich. Admin. Code R 281.1250 Sailboat with motor {#sec-r-281.1250 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1250}

Rule 20. A sailboat with a motor shall be equipped as follows:

(a) Personal flotation devices, backfire flame arresters, ventilation ducts and cowls, fire extinguishers, whistles, bells, and mufflers, as required by these rules for motorboats of the same length.

(b) If underway between sunset and sunrise, the sailboat shall be equipped with and exhibit navigation lights as required by these rules for motorboats of the same length, except the following:

(i) A sailboat 26 feet or over in length under sail alone on the Great Lakes and waters connected thereto between sunset and sunrise shall be equipped with and exhibit a green light to starboard showing 10 points and visible 1 mile, a red light to port showing 10 points and visible 1 mile, and a lantern showing a white light which shall be readily available and shall be exhibited to a boat approaching from any direction in sufficient time to prevent collision.

(ii) If the sailboat is anchored between sunset and sunrise on the Great Lakes or waters connected thereto and not in a special anchorage area, a white light shall be displayed on the forward part of the sailboat to be visible to a boat approaching from any direction. In lieu of these lighting requirements sailboats may display lights as specified by the international rules of the road.

History

• History: 1979 AC; 2010 AACS.

Mich. Admin. Code R 281.1251 Rowboats {#sec-r-281.1251 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1251}

Rule 21. (1) A rowboat shall be equipped with personal flotation devices as required by these rules for a motorboat of the same length.

(2) If underway between sunset and sunrise a rowboat shall be equipped with a lantern showing a white light which shall be readily available and shall be exhibited to a boat approaching from any direction in sufficient time to prevent collision.

History

• History: 1979 AC; 2010 AACS.

Mich. Admin. Code R 281.1252 Canoes and kayaks {#sec-r-281.1252 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.1252}

Rule 22. (1) A canoe or kayak shall be equipped with 1 type I, II, III, or IV coast guard approved personal flotation device as specified in R 281.1234 in good and serviceable condition for each person aboard. The devices shall be readily available and not encased in plastic bags or other type containers.

(2) If underway between sunset and sunrise a canoe or kayak shall be equipped with a lantern showing a white light which shall be readily available and shall be exhibited to a boat approaching from any direction in sufficient time to prevent collision.

History

• History: 1979 AC; 2010 AACS.

R 281.3101 to R 281.3506 Vessels Carrying Passengers For Hire

Mich. Admin. Code R 281.3101 Definitions {#sec-r-281.3101 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.3101}

DEPARTMENT OF NATURAL RESOURCES

LAW ENFORCEMENT DIVISION

VESSELS CARRYING PASSENGERS FOR HIRE

(By authority conferred on the department of natural resources by section 44504 of 1994 PA 451, MCL 324.44504)

PART 1. GENERAL PROVISIONS

Rule 101. As used in these rules:

(a) "Act" means 1994 PA 451, MCL 324.44501 to 324.44526.

(b) "Auxiliary engine" means any other engine or motor carried or used onboard a vessel, other than the main propulsion engines.

(c) "Class A vessel" means a vessel, except for a sailboat carrying 6 or fewer passengers for hire, on navigable waters.

(d) "Class B vessel" means a vessel, except for a sailboat carrying 6 or fewer passengers for hire, on inland waters.

(e) "Class C vessel" means a vessel, except for a sailboat carrying more than 6 passengers for hire, on inland waters.

(f) "Class D vessel" means a vessel which is propelled primarily by sails and which carries 6 or fewer passengers for hire on navigable waters or carries passengers for hire on inland waters.

(g) "Daytime" means 1 hour before sunrise to 1 hour after sunset, where the actual times of sunrise and sunset are determined by the United States weather bureau. Times shall be local prevailing time.

(h) "Deck rails" means a guard structure at the outer edge of a vessel deck consisting of vertical solid or tubular posts and horizontal courses made of metal tubing, wood, cable, rope, or other suitable material.

(i) "Department" means the department of natural resources.

(j) "Dockside inspection" means an examination of a vessel when the vessel is moored alongside a dock and afloat in the water so that all of the exterior above the waterline and the interior of the vessel may be examined.

(k) "Drydock inspection" means an examination of a vessel when the vessel is out of the water and supported so that all of the exterior and interior of the vessel may be examined.

(l) "Flexible vibration hose" means nonrigid tubing which is noncombustible or self-extinguishing and which is not affected by the motion of the vessel or the machinery to which it is connected or attached.

(m) "General maintenance" means drydocking or hauling out of a vessel for painting or cleaning the hull and rudder, or the changing of a propeller, propeller shaft, and associated bearings.

(n) "Good marine practice and standards" means those methods and ways of maintaining, operating, equipping, repairing, and restructuring vessels as determined by the marine inspector. The marine inspector shall use commonly accepted standards, including 46 C.F.R. SS1.01 to 552.5, the standards of the American boat and yacht council, and the standards of the boating industry association as sources of reference in making such determinations.

(o) "Inland waters" means all waters of the state, except navigable waters.

(p) "Marine inspector" means a department marine safety officer, conservation officer, or other person employed by the department and trained in vessel inspection and operator testing procedures.

(q) "Navigable waters" means those waters of the state over which the state of Michigan and the United States coast guard exercise joint jurisdiction, including the Great Lakes and waters connected thereto, to the upstream limit of navigation as determined by the United States department of the army, corps of engineers.

(r) "Nighttime" means 1 hour after sunset to 1 hour before sunrise where actual times of sunrise and sunset are determined by the United States weather bureau. Time shall be local prevailing time.

(s) "Open boat" means a vessel, either with or without engines or motors, which has its engine, fuel tank compartments, and other spaces, except weather enclosures, open to the atmosphere and arranged to prevent or preclude the entrapment of explosive or flammable gases and vapors within the vessel.

(t) "Owner" means a person who claims lawful possession of a vessel by virtue of legal title or equitable interest therein which entitles him or her to possession. "Owner" also means a person acting on the behalf of the owner in all matters concerning the vessel.

(u) "Personal flotation device" means a United States coast guard-approved lifesaving device.

(v) "Ring life buoy" means a United States coast guard-approved round or horse collar type IV throwable personal flotation device.

(w) "Suitable" means that the marine inspector has determined that an item is in keeping with good marine practice and standards.

(x) "Weather deck" means those portions of the foredeck and afterdeck which are open and exposed to the weather.

History

• History: 1982 AACS; 2014 AACS

Mich. Admin. Code R 281.3102 Applicability {#sec-r-281.3102 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.3102}

Rule 102. (1) These rules do not apply to vessels required to be inspected by the United States coast guard, under 46 C.F.R. SS175.01 to 187.30, for the purposes of carrying passengers for hire.

(2) These rules shall apply to all other vessels, as defined in the act, carrying passengers for hire on waters of the state.

History

• History: 1982 AACS.

Mich. Admin. Code R 281.3103 Drydock inspection {#sec-r-281.3103 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.3103}

Rule 103. (1) All vessels carrying passengers for hire shall pass an initial drydock inspection conducted by a marine inspector. Thereafter, a vessel shall pass a drydock inspection when the department has reasonable cause to believe it necessary or at intervals not to exceed 60 months.

(2) Before an inspection, the owner of a vessel shall remove or effectively store all associated equipment, including fishing gear, coolers, and personal belongings onboard the vessel, which will impede the inspection process.

(3) The owner of a vessel shall open or remove all hatches and inspection ports before or during an inspection and shall have the vessel in a reasonably clean and orderly condition.

(4) To determine that a vessel is seaworthy and in good and serviceable condition, the owner of a vessel shall permit the marine inspector to inspect the entire interior and exterior of the vessel, including all of the following:

(a) The hull and appendages.

(b) Propellers.

(c) Shafting.

(d) Stern bearings.

(e) Rudders.

(f) Through-hull fittings.

(g) Sea valves.

(h) Strainers.

(i) Outdrive units.

(j) Outboard lower units.

(5) When the marine inspector has reasonable cause to believe that the seaworthiness or the sound structure of the vessel may be impaired, the owner of the vessel may be required to remove sections or portions of the lining, decking, ceiling, or other obstructions that may obscure any part of the vessel so that the seaworthiness or sound structure may be determined.

(6) When through-hull fittings are present below the waterline they shall be fitted with a readily accessible shutoff valve. The shutoff valve shall be located as close to the through-hull fitting as possible and be in good and serviceable condition. This subrule shall not be construed to conflict with Act No. 167 of the Public Acts of 1970, as amended, being S323.331 et seq. of the Michigan Compiled Laws, and known as the watercraft pollution control act of 1970.

History

• History: 1982 AACS.

Mich. Admin. Code R 281.3104 Main engines {#sec-r-281.3104 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.3104}

Rule 104. (1) Each vessel designed for inboard or inboard/outboard (stern drive) main engines shall be fitted with the appropriate number of engines.

(2) All main engines shall be of the appropriate type and design for the propulsion requirements of the hull in which they are installed, shall be capable of operating at a constant marine load without exceeding their design limitations, and shall be in good and serviceable condition.

(3) The head, block, and exhaust manifold of any main engine shall be waterjacketed and cooled by water from a pump which operates when the engine operates, except for drystack exhaust systems.

(4) When a main engine is fitted with an updraft or sidedraft carburetor, the carburetors shall have integral or properly connected drip collectors of adequate capacity which will return all drip and overflow to the engine intake manifold.

(5) The exhaust pipe system of the main engines shall comply with all of the following provisions:

(a) Be gastight to the hull interior.

(b) Be designed and installed to prevent cooling water or seawater from returning to the engines.

(c) Be so accessible that it can be inspected and repaired throughout its length.

(d) Be supported so as to prevent undue stress which may cause fractures.

Hangers, brackets, and other supporting components shall be made of fireproof materials and shall be installed so as to prevent the transmission of heat to adjacent combustible materials.

(e) Where personnel or combustibles might come in contact with hot surfaces, effective protection shall be provided by water jacketing, lagging, shielding, or suitable guards.

(6) Outboard engines on vessels designed for utilizing outboard engines as main engines shall be in good and serviceable condition.

(7) Vessels utilizing unique or unusual machinery as main engines shall be given separate consideration and shall be subject to requirements as determined by the marine inspector after consultation with the state boating law administrator. The requirements shall be in keeping with good marine practice and standards. These unique or unusual types of machinery shall include those utilizing steam, electricity, gas turbines, air screws, and hydraulic jets.

(8) When auxiliary engines are installed on a vessel, they shall be installed in accordance with good marine practice and standards and shall be in good and serviceable condition.

History

• History: 1982 AACS.

Mich. Admin. Code R 281.3105 Rescinded {#sec-r-281.3105 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.3105}

History

• History: 1982 AACS; 2014 AACS

Mich. Admin. Code R 281.3106 Rescinded {#sec-r-281.3106 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.3106}

History

• History: 1982 AACS; 2014 AACS

Mich. Admin. Code R 281.3107 Fixed fuel tank systems {#sec-r-281.3107 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.3107}

Rule 107. (1) A fixed fuel tank on a vessel shall be installed as follows:

(a) To permit examination with minimum disturbance to the hull structure.

(b) With adequate support and bracing to prevent movement. The supports and braces shall be insulated from contact with the tank surfaces with a nonabrasive and nonabsorbant material.

(c) With openings for fill and vent pipes and for fuel level gauges, where used, on the topmost surfaces of the tank. The tank shall not have openings in the bottom, sides, or ends, except that an opening fitted with a threaded plug or cap may be used for cleaning the tank.

(d) On fuel tanks for diesel fuel, the opening for the fuel supply piping is not restricted to the top of the tank.

(2) Fixed fuel tank piping shall be installed as follows:

(a) Fuel supply lines to the engines shall be tubing of copper, nickel-copper, steel, or United States coast guard-approved type A flexible fuel line. Fuel supply lines shall run as direct as practicable, shall be accessible, and shall be supported in a suitable manner. They shall have a readily accessible, manually operated, in-line shutoff valve installed as close to the fuel tank as practicable. They shall be protected in a suitable manner from mechanical injury at all supports and where they pass through bulkheads and structural members.

(b) Metal fuel supply lines shall be fitted with flexible vibration hose as close to the engine as practicable.

(c) A filling pipe shall be fitted to the highest point of the fuel tank and shall have an inside diameter of not less than 1 1/4 inches.

(d) A fuel tank shall be fitted with a marine-type fuel gauge or a sounding pipe if sounding cannot be accomplished through the filling pipe.

(e) A filling or sounding pipe shall be arranged so that overflow of liquid or vapor cannot escape to the inside of the vessel.

(f) A fuel tank shall be fitted with a vent pipe connected at the highest point of the tank, shall have an inside diameter of not less than 7/16 of an inch, and shall terminate on the hull exterior as far as practicable from any hull openings and below deck spaces. The vent pipe shall be installed to prevent accidental contamination of the fuel by water and shall be fitted with a removable flame screen at its point of termination.

(g) Devices in fuel lines for drawing fuel below decks for any purpose are prohibited.

(h) All accessories installed in the fuel line shall be supported in a suitable manner.

(3) The owner or operator of a vessel shall maintain the entire fuel system and accessories in good and serviceable condition.

(4) The owner or operator of a vessel with a fixed fuel system shall not carry fuel onboard the vessel outside of the fixed fuel system, unless the fuel is carried in conjunction with an auxiliary outboard engine. When fuel is carried, it shall be in portable fuel tanks as provided by manufacturers of outboard engines and shall be safely secured outside of the engine or living compartment.

(5) During fueling operations, smoking aboard the vessel by any person is prohibited.

(6) The operator of a vessel shall not allow passengers onboard the vessel while taking on fuel.

History

• History: 1982 AACS.

Mich. Admin. Code R 281.3108 Fixed fuel system grounding {#sec-r-281.3108 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.3108}

Rule 108. (1) A fixed fuel system shall be grounded by 1 or more of the following methods:

(a) By electrical connection to a common ground.

(b) By welding or bolting to a metal bulkhead of a metal hull vessel.

(c) By electrical connection to the rudder, struts, or metal grounding plate.

(2) Where flexible vibration hose is installed, metal grounding straps or wires shall be used to maintain ground continuity.

History

• History: 1982 AACS.

Mich. Admin. Code R 281.3109 Portable fuel systems {#sec-r-281.3109 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.3109}

Rule 109. (1) The operator of a vessel with a portable fuel system shall carry fuel onboard in approved portable fuel tanks.

(2) Portable fuel tanks shall be secured in a suitable manner to prevent shifting while underway. Sufficient lengths of approved flexible fuel lines shall be provided so that the farthest fuel tank from the engine can be reached without removing the tank from its secured location.

History

• History: 1982 AACS.

Mich. Admin. Code R 281.3110 Electrical systems {#sec-r-281.3110 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.3110}

Rule 110. (1) All electrical systems on a vessel shall be safe and fit for the service intended, shall be in proper operating condition, and shall have a suitable electrical grounding system.

(2) Electrical wiring shall be routed as high as possible above the bilges, shall be supported in a suitable manner with nonabrasive fasteners to structural members of the vessel, and shall be protected against chafing where passing through bulkheads or other structural members.Fasteners and protective devices shall not be capable of causing damage to the wiring.

(3) Any electrical storage battery or batteries shall be compatible with its attendant electrical system.

(4) A battery shall be located so that gas generated in charging is dissipated by natural or mechanical ventilation.

(5) A battery shall be accessibly located, provided with suitable supports, and secured against shifting with the motion of the vessel.

(6) A battery shall be located in a liquid-tight tray or box of adequate capacity to retain normal spillage or boilover of the electrolyte. The tray or box shall be constructed of, or lined with, suitable materials resistant to deterioration by the electrolyte.

(7) A nonconductive, perforated cover or other suitable means shall be provided to prevent accidental shorting of the battery terminals.

History

• History: 1982 AACS.

Mich. Admin. Code R 281.3111 Electrical equipment {#sec-r-281.3111 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.3111}

Rule 111. (1) Permanently installed electrical appliances, equipment, and fixtures used on a vessel shall be designed so that the current-carrying parts of the device are effectively insulated from exposed metal parts by an electrical insulating material suitable for use in damp or wet locations.

(2) All permanently installed electrical appliances, equipment, and fixtures shall be properly connected to the vessel's electrical grounding system.

(3) All electrical appliances, equipment, and fixtures installed or used in machinery spaces or other areas where flammable vapors may be present shall be designed, enclosed, or protected to prevent ignition of flammable vapors.

(4) Switches, circuit breakers, and fuse boxes or blocks used on a vessel shall be approved by underwriters laboratories for marine use, where available, or shall be a type commonly manufactured for use on vessels. These devices shall have suitable protection to prevent accidental shorting.

History

• History: 1982 AACS.

Mich. Admin. Code R 281.3112 Bilge pumps and bailing devices {#sec-r-281.3112 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.3112}

Rule 112. (1) A vessel constructed with bilges or enclosed spaces below decks shall be fitted with not less than 2 electrically operated bilge pumps located in a manner that will assure that all bilge areas can be pumped. The bilge pumps shall be in good and serviceable condition.

(2) Each bilge pump shall be equipped with either an indicator light which activates when the bilge pump is operating or with an alarm system that is automatically activated when an excessive amount of water accumulates in the bilges.

(3) Bilge pump indicator lights shall be located at the helm position used most often and as close to the bilge pump switch as practicable. Bilge pump indicator lights and bilge water alarm systems shall be in good and serviceable condition.

(4) All vessels shall be equipped with a manually operated bailing device.

History

• History: 1982 AACS.

Mich. Admin. Code R 281.3113 Vessel passenger capacity; determination {#sec-r-281.3113 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.3113}

Rule 113. (1) On vessels that do not have or are not required to have a vessel capacity plate, the maximum passenger capacity shall be determined by applying any 1 of the following criteria which results in the allowance of the greatest number of passengers.

(a) One passenger per 30 inches of rail space available to passengers at the vessel's sides and across the transom.

(b) One passenger per 10 square feet of deck area available for passenger use. In computing the deck area, the areas occupied by concession stands, toilets and washrooms, companionways, and stairways shall be excluded.

(c) One passenger per 18 inches of width of fixed seating provided.

(2) On vessels that have or are required to have vessel capacity plates, the passenger capacity shall be determined by applying either of the following criteria which results in the allowance of the greatest number of persons without exceeding the capacity plate maximums:

(a) Weight capacity minus maximum motor and gear weight: 185= number of passengers.

(b) Boat length times boat beam : 15 = number of passengers.

History

• History: 1982 AACS; 2014 AACS

Mich. Admin. Code R 281.3114 Vessel damage, repairs, and alterations; reports; repair and alteration standards; modification of corrections and repairs; determination of unsafe vessel; modification and inspection exception {#sec-r-281.3114 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.3114}

Rule 114. (1) When a vessel has an accident causing physical damage, has a grounding causing physical damage, or is to be hauled out and dry docked to carry out major repairs or alterations affecting the vessel's seaworthiness, the owner of the vessel shall immediately report to the marine inspector or the marine safety section of the department the nature of the damage repairs, or alterations. Physical damage does not include breakage of glass, lights, or decorative items.

(2) All repairs and alterations shall be done in accordance with good marine practice and standards and approved by the marine inspector before the work is started.

Drawings, sketches, or written specifications may be required by the marine inspector depending on the nature and extent of the repairs or alterations.

(3) The owner of a vessel shall not allow the vessel to be returned to service or returned to the water until all repairs or alterations have been completed and the vessel has been reinspected and approved by the marine inspector. The marine inspector shall reinspect the vessel as soon as possible after notification by the owner that the repairs and alterations have been completed.

(4) When corrections or repairs to the vessel or associated equipment are required as a result of an inspection by the marine inspector, the owner of the vessel shall notify the marine inspector when the corrections or repairs have been made.

(5) When, during the course of an inspection, the marine inspector finds equipment or conditions which are not addressed in these rules and which are unsafe or jeopardize the safety of the passengers carried onboard, the marine inspector shall require that the condition be corrected or the equipment removed from the vessel.

(6) When it is determined by the marine inspector and the state boating law administrator that a vessel, because of its construction or design, or both, is not safe to carry passengers for hire, a certificate of inspection shall not be issued. The owner, if not satisfied with the decision of the department, may seek relief in accordance with Act No. 306 of the Public Acts of 1969, as amended, being S24.201 et seq. of the Michigan Compiled Laws, and known as the Michigan administrative procedures act.

(7) Notification and inspection shall not be required for general maintenance drydocking or hauling out.

History

• History: 1982 AACS.

Mich. Admin. Code R 281.3115 Dockside inspection {#sec-r-281.3115 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.3115}

Rule 115. The owner of a vessel shall, at the dockside inspection, submit all required safety apparatus for inspection and shall operate or cause to be operated all machinery, steerage, and bilge pumps to the extent necessary to determine that their condition is satisfactory and fit for safe, constant operation.

History

• History: 1982 AACS.

Mich. Admin. Code R 281.3116 Main engine gauges {#sec-r-281.3116 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.3116}

Rule 116. (1) On vessels designed for inboard or inboard/outboard (sterndrive) main engines, both of the following gauges shall be present:

(a) A gauge to indicate main engine cooling water temperature for each main engine. The gauge shall be readable, by the marine inspector, from each helm position.

(b) A gauge to indicate main engine lubrication oil pressure for each main engine. The gauge shall be readable, by the marine inspector, from each helm position.

(2) All gauges installed on a vessel shall be in good and serviceable condition.

History

• History: 1982 AACS.

Mich. Admin. Code R 281.3117 Personal flotation devices {#sec-r-281.3117 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.3117}

Rule 117. (1) When the marine inspector determines that any personal flotation device required to be carried onboard a vessel is not in good and serviceable condition, the owner of the vessel shall permit the marine inspector to note, in writing, on the personal flotation device, that the device is no longer serviceable. The owner of the vessel shall replace the non-serviceable devices immediately or the number of passengers allowed to be carried aboard the vessel shall be revised to equal the number of serviceable personal flotation devices carried. The certificate of inspection may be revised, at any time, for the number of these devices carried, upon request of the owner to the marine inspector.

(2) Personal flotation devices shall be carried in suitable places which are readily accessible to the passengers onboard. The places shall be designed to allow the devices to float free when practical.

(3) When personal flotation devices are carried so that they are readily accessible, but not readily visible to the passengers, the container shall be marked "LIFE PRESERVERS" and the number of devices contained therein shall be listed. The letters and numbers shall be at least 1 inch high and shall be a color contrasting to the color of the container. The container shall also indicate the size of the devices contained therein.

Differing sizes shall not be mixed within a container.

(4) On documented vessels, all required personal flotation devices shall be marked with the vessel's name in characters at least 1 inch high and shall be a color contrasting to the color of the device.

(5) On undocumented vessels, all required personal flotation devices shall be marked with either the vessel's name or the vessel's registration number in characters at least 1 inch high and shall be a color contrasting to the color of the device. After May 31, 1982, all personal flotation devices acquired shall be marked with the vessel's registration number in characters at least 1 inch high and shall be a color contrasting to the color of the device.

History

• History: 1982 AACS.

Mich. Admin. Code R 281.3118 Fire fighting equipment {#sec-r-281.3118 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.3118}

Rule 118. (1) A vessel, except for an open boat, shall be equipped with a minimum number of coast guard-approved portable fire extinguishers which shall be located as shown in the following table:

Minimum Number Compartmented Vessels Class of Extinguishers and Locations Less than 26 feet B1 2 Helmsman's position and cabin. 26 feet to less than 40 feet B1 3 Accessible to the engine compartment, helmsman's position, and galley. 40 feet and over B1 4 Accessible to the engine compartment, helmsman's position, crew quarters, and galley.

(2) Where 3 or more B1 units are required, the extinguishing capacity may be made up of a smaller number of B2 units, if each location is protected with a readily accessible extinguisher.

(3) The owner of a vessel shall examine, at regular intervals, all fire extinguishers to make certain that they have not been tampered with and have not suffered corrosion or damage.

(4) A foam extinguisher shall be discharged, cleaned, inspected for mechanical defects or serious corrosion, and recharged annually.

(5) A dry chemical extinguisher shall be kept full with the specified weight of chemical at all times. The cartridge shall be reweighed annually. If the cartridge is found to weigh less than the minimum weight stamped thereon, it shall be replaced with a full cartridge or recharged. An extinguisher with a gauge shall be recharged when the pressure is below prescribed operating limits.

(6) A carbon dioxide extinguisher shall be reweighed annually, and a cylinder found lighter than the weight indicated on the nameplate shall be recharged.

(7) Maintenance required in subrules (3), (4), and (5) of this rule shall be performed by a qualified fire-fighting equipment repair service.

History

• History: 1982 AACS.

Mich. Admin. Code R 281.3119 First aid kit and emergency procedures list {#sec-r-281.3119 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.3119}

Rule 119. (1) The owner of a vessel shall provide, and have onboard the vessel, at least 1 standard 16unit first aid kit.

(2) The owner of a vessel shall post an emergency procedures list aboard the vessel in a conspicuous location. The list shall set forth, at a minimum, all of the following information alitems:

(a) Radiotelephone distress:

(i) Switch to channel 16 - coast guard.

(ii) Give distress signal "MAYDAY" 3 times.

(iii) Give boat name, type, and color.

(iv) Give position.

(v) Describe emergency.

(b) Man overboard:

(i) Post a lookout.

(ii) Throw over a flotation device or the water light.

(iii) Don't jump into the water unless the person overboard is a small child, elderly, or a handicapped person.

(iv) Maneuver to return for pickup.

(v) Use additional markers.

(vi) Get victim aboard.

(vii) Call for help if necessary.

(c) Explosion:

(i) Be ready to go overboard with personal flotation device (life jacket).

(ii) When clear of danger, account for all passengers and assist.

(iii) Stay together.

(d) Fires:

(i) If possible, use fire extinguisher.

(ii) If practical, jettison burning materials.

(iii) Reduce the air supply.

(iv) Assemble at opposite end of boat.

(v) Make preparation to abandon ship:

(A) Put on life jacket.

(B) Signal for help by radio or any means available.

(e) Leaks or damage control:

Leaks or damage control:

(i) Put on life jackets.

(ii) Check bilge pump operation.

(iii) Pull up all decks and floor boards in search of leaks.

(iv) Slow or stop boat as needed. You may need to stay on plane to keep hole above water.

(v) Stop engine, close sea cock for engine cooling, disconnect hose and place end in bilge. Start engine to act as bilge pump.

(vi) Cover large hole from outside of boat with mattress, or similar device.

(vii) Use radio to call for help. Channel 16 - coast guard.

History

• History: 1982 AACS.

Mich. Admin. Code R 281.3120 Cooking and heating appliances {#sec-r-281.3120 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.3120}

Rule 120. (1) Galley stoves aboard a vessel shall be operated only by the owner, the operator, or a crew member while carrying passengers. The owner, the operator, or the crew member shall be present in the galley at all times while the galley stove is being operated.

(2) Heating appliances, when present on a vessel, shall be of a type commonly manufactured for use aboard vessels.

(3) Heating appliances, when present on a vessel, shall be installed in adequately ventilated areas and shall be securely fastened to the vessel.

(4) Woodwork and other combustible material immediately surrounding heating appliances installed on a vessel shall be effectively insulated with noncombustible material.

(5) All fuel tanks for heating appliances installed on a vessel shall have an in-line shutoff valve as close to the fuel tank as practical. The fuel line shall have as few other fittings as practicable between the shutoff valve and the heating appliance.

All remotely installed fuel tanks shall be securely fastened to the vessel in an accessible location.

(6) Heating appliances, when present on a vessel, using liquefied petroleum gas, liquefied natural gas, or compressed natural gas shall be installed in accordance with good marine practice and standards, except for class A and class D vessels on which these type appliances are prohibited by federal law.

(7) A person shall not ignite or start a gasoline, liquefied petroleum gas, compressed natural gas, or liquefied natural gas heating or cooking appliance onboard a vessel while passengers are onboard the vessel.

History

• History: 1982 AACS.

Mich. Admin. Code R 281.3121 Visual distress signals {#sec-r-281.3121 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.3121}

Rule 121. (1) The owner of a vessel which operates on the Great Lakes and Lake St. Clair shall have aboard the vessel at least 1 option, from the following list, of coast guard-approved visual distress signals:

Number Options Required Type Accepted (a) 3 Hand-held red flare with manufacture Day and night, date of October 1, 1980, or later.

(b) 3 Hand-held, rocket-propelled parachute Day and night, red flare.

(c) 1 Orange flag distress signal for boats Day only 1 and electric distress light for boats. Night only (d) 3 Floating or hand-held orange smoke and Day only 1 electric distress light for boats Night only (e) 3 Floating or hand-held orange smoke and Day only option (a) or option (b). Day and night (f) 1 Orange distress flag for boats and Day only Option (a) or option (b) Day and night (2) Non-approved hand-held pyrotechnic aerial red flares and pyrotechnic handheld or floating orange smoke is acceptable for meeting the requirements of this rule until July 1, 1982, if the devices remain in good and serviceable condition.

(3) A person shall not display a visual distress signal on the waters of the state, except in an emergency.

(4) A person shall not possess any pistol-type visual distress signal launching device commonly known as a flare gun.

(5) Any coast guard-approved electric distress light for boats that activates automatically upon contact with the water and flashes S.O.S.is acceptable for meeting the nighttime requirements of this rule and the requirements of R 281.3202(4), R 281.3302(3), R 281.3404(3), and R 281.3503(4).

(6) The owner of a vessel shall have aboard the vessel at least l portable batteryoperated light (flashlight), powered by D-cells or larger-size batteries, which is in good and serviceable condition.

History

• History: 1982 AACS.

Mich. Admin. Code R 281.3122 State pilot's license; requirements {#sec-r-281.3122 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.3122}

Rule 122. (1) An applicant for a state pilot's license shall be not less than 18 years of age.

(2) When an applicant for a state pilot's license has been convicted by a court of record for a felony violation of the laws of the United States or the state of Michigan within 5 years of the date of application, the marine inspector shall investigate the circumstances of the conviction. When the investigation shows continued illegal or questionable activity on the part of the applicant, the application shall be denied by the state boating law administrator.

(3) When an applicant for a state pilot's license has been convicted by a court of record for a serious violation of the marine laws of the United States or the state of Michigan within 3 years of the date of application, the marine inspector shall investigate the circumstances of the conviction. When the investigation shows continued illegal or questionable activity on the part of the applicant, the application shall be denied by the state boating law administrator. A serious violation includes all of the following:

(a) Careless operation.

(b) Reckless operation.

(c) Operation under the influence of alcoholic beverage or controlled substance.

(d) Negligent operation.

(e) Operation causing death or injury.

(4) An applicant for a state pilot's license shall have not less than 90 days' experience, within the preceding 24 months, operating a noncommercial vessel of a type similar to the vessel for which the pilot's license is sought or 90 days' experience, within the preceding 24 months, as a full-time crew member on a commercial vessel of a type similar to the vessel for which the pilot's license is sought and shall have received instruction from a licensed pilot in the operation of the vessel.

(5) An applicant for an original state pilot's license shall pass a physical examination given by a licensed physician of this state and shall present a certificate signed by the physician attesting to the applicant's general physical condition.

Epilepsy, insanity, senility, acute general disease or neurosyphilis, badly impaired hearing, or other defect that would render the applicant incompetent to perform the ordinary duties of a licensed operator may be cause for denial of the application.

(6) The department, when it has reason to doubt the operator's physical or visual abilities, may require him or her, at any time, to obtain a new physical examination.

Notwithstanding, a physical examination shall be required once every 36 months.

(7) An applicant for a state pilot's license shall not be color-blind and, in the opinion of a qualified physician, shall have adequate vision, in at least 1 eye, to safely operate a vessel.

(8) A qualified applicant for a state pilot's license shall successfully complete examinations, both written and practical, administered by a marine inspector.

History

• History: 1982 AACS.

Mich. Admin. Code R 281.3123 Certification {#sec-r-281.3123 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.3123}

Rule 123. (1) Upon satisfactory completion of the required drydock and annual dockside inspections, the department shall issue a certificate of inspection which shall expire on May 31 of the following year, except that the department may extend the expiration date for a period not to exceed 30 days when extreme weather conditions exist.

(2) The certificate of inspection shall indicate that the vessel may operate during both the daytime and nighttime hours, unless otherwise requested by the owner of the vessel.

(3) A certificate of inspection shall be framed under transparent material and posted in a conspicuous place on the vessel. Where posting is impractical, the certificate shall be kept onboard to be shown on demand.

(4) There shall be a sticker issued with each certificate, and such stickers, when issued, shall be affixed to the port and starboard sides of the vessel in a conspicuous manner.

History

• History: 1982 AACS.

Mich. Admin. Code R 281.3124 Suspension and revocation of certificates {#sec-r-281.3124 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.3124}

Rule 124. (1) If, at any time subsequent to an inspection of a vessel and the issuance of a certificate, changes to the hull or any portion of the vessel, including equipment required to be carried onboard, are found to have occurred so that the vessel no longer meets the minimum standards prescribed, the certificate shall be revoked by the department and immediately surrendered to a marine inspector.

(2) Violation of the act or any other act or falsification of information on an application for inspection may also be cause for suspension or revocation of the certificate.

History

• History: 1982 AACS.

Mich. Admin. Code R 281.3125 Pilot's license; display {#sec-r-281.3125 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.3125}

Rule 125. A licensed operator, when operating a vessel for hire, shall place his or her pilot's license, framed under transparent material, in a conspicuous place on the vessel where it can be seen by passengers and other persons at all times. Where such display is impracticable, the pilot's license shall be carried onboard and shown on demand.

History

• History: 1982 AACS.

Mich. Admin. Code R 281.3126 Pilot's license; duration; renewal {#sec-r-281.3126 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.3126}

Rule 126. (1) A state pilot's license is valid for 3 years from the date of issue.

(2) A state pilot's license shall be renewed by application to the department.

History

• History: 1982 AACS.

Mich. Admin. Code R 281.3127 Pilot's license; suspension or revocation {#sec-r-281.3127 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.3127}

Rule 127. The following conduct is cause for suspension or revocation of the state pilot's license:

(a) The negligent or improper operation of a vessel.

(b) Physical impairment of the operator.

(c) Falsification of information given on a license application.

History

• History: 1982 AACS.

Mich. Admin. Code R 281.3128 Pilot's license; ownership; surrender {#sec-r-281.3128 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.3128}

Rule 128. An issued state pilot's license shall remain the property of the department and shall be surrendered to a marine inspector upon revocation.

History

• History: 1982 AACS.

Mich. Admin. Code R 281.3129 Public liability insurance required {#sec-r-281.3129 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.3129}

Rule 129. The owner of a vessel shall carry marine liability insurance for bodily injury. The insurance coverage shall be for 1 year and shall be renewed annually. The amount of the coverage, per accident, shall be not less than $50,000.00 multiplied by the number of passengers authorized to be carried by the certificate of inspection.

However, each vessels carrying more than 10 passengers shall carry not less than $1,000,000.00 coverage per accident.

History

• History: 1982 AACS.

Mich. Admin. Code R 281.3130 Rescission {#sec-r-281.3130 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.3130}

Rule 130. R 281.2001 to R 281.2130 of the Michigan Administrative Code, appearing on pages 1005 to 1022 of the 1979 Michigan Administrative Code, are rescinded.

PART 2. CLASS A VESSELS

History

• History: 1982 AACS.

Mich. Admin. Code R 281.3201 Rescinded {#sec-r-281.3201 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.3201}

History

• History: 1982 AACS; 2014 AACS

Mich. Admin. Code R 281.3202 Personal flotation devices and water light {#sec-r-281.3202 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.3202}

Rule 202. (1) The owner of a vessel shall provide 1 coast guardapproved, type I personal flotation device, of a proper size, for each person, including the crew, to be carried onboard.Each device shall be inspected at the dockside inspection.

(2) The owner of a vessel shall affix, in a suitable manner, to all type I personal flotation devices carried aboard the vessel, 200 square centimeters (31.5 sq. in.) of coast guard-approved retroreflective material to the outside of each device and 200 square centimeters (31.5 sq. in.) to the inside of each device.

(3) The owner of a vessel shall have aboard the vessel a ring life buoy not less 20 inches in diameter. The ring life buoy shall comply with all of the following requirements:

(a) Be readily accessible in a suitable location.

(b) Have attached, in a suitable manner, not less than 50 feet of line.

(c) Be marked as required by R 281.3117.

(4) The owner of a vessel shall provide a water light which is self-activating upon contact with the water and which is approved by the marine inspector. The light shall be stored in a readily accessible location near the ring life buoy and shall be in good and serviceable condition. When, at the owner's discretion, the light is attached to the ring life buoy, it shall be attached by a line at least 1 foot in length.

History

• History: 1982 AACS.

Mich. Admin. Code R 281.3203 Marine radio and compass {#sec-r-281.3203 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.3203}

Rule 203. (1) The owner of a vessel which operates on the Great Lakes and Lake St. Clair shall have aboard the vessel a marine radio-telephone which is in good working condition and a current federal communication commission operator's license.

(2) The owner of a vessel which operates on the Great Lakes and Lake St.Clair shall have aboard the vessel a suitable marine-type compass which is in good and serviceable condition.

History

• History: 1982 AACS.

Mich. Admin. Code R 281.3204 Toilet and sanitary facilities {#sec-r-281.3204 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.3204}

Rule 204. A vessel, except for an open boat and a vessel where suitable privacy enclosures are not practical, shall be equipped with 1 toilet which complies with Act No. 167 of the Public Acts of 1970, as amended, being S323.331 et seq. of the Michigan Compiled Laws, and which shall be maintained in a serviceable and sanitary condition by the owner of the vessel.

History

• History: 1982 AACS.

Mich. Admin. Code R 281.3205 Anchor and anchor line {#sec-r-281.3205 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.3205}

Rule 205. (1) A vessel shall be equipped with 1 anchor of a suitable size and type.

(2) A vessel operating on the Great Lakes and Lake St. Clair shall be equipped with 1 sea anchor.

(3) A vessel operating on the Great Lakes and Lake St. Clair shall be equipped with not less than 150 feet of suitable anchor line which is readily available onboard the vessel.

(4) A vessel operating exclusively on rivers shall be equipped with not less 30 feet of suitable anchor line which is readily available onboard the vessel.

(5) Any line, when attached to the required anchor, shall be attached by eyesplice, thimble, and shackle.

PART 3. CLASS B VESSELS

History

• History: 1982 AACS.

Mich. Admin. Code R 281.3301 Rescinded {#sec-r-281.3301 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.3301}

History

• History: 1982 AACS; 2014 AACS

Mich. Admin. Code R 281.3302 Personal flotation devices and water light {#sec-r-281.3302 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.3302}

Rule 302. (1) The owner of a vessel, except for an open boat, shall provide 1 coast guard-approved type I personal flotation device of a proper size, for each person, including the crew, to be carried onboard. Each device shall be inspected at the dockside inspection.

(2) The owner of a vessel, except for an open boat, which operates on inland lakes shall have aboard the vessel a ring life buoy not less than 20 inches in diameter.

The ring life buoy shall comply with all of the following requirements:

(a) Be readily accessible in a suitable location.

(b) Have attached, in a suitable manner, not less than 50 feet of line.

(c) Be marked as required by R 281.3117.

(3) The owner of a vessel, except for an open boat, shall provide a water light which is self-activating upon contact with the water and which is approved by the marine inspector. The light shall be stored in a readily accessible location near the ring life buoy and shall be in good and serviceable condition. When, at the owner's discretion, the light is attached to the ring life buoy, it shall be attached by a line at least 1 foot in length.

(4) The owner of an open boat shall provide 1 coast guard-approved type I, type II, or type III personal flotation device, of a proper size, for each person to be carried onboard, including the crew. In addition, 1 unicellular plastic foam coast guard-approved type IV throwable device shall also be carried. Each device shall be inspected at the dockside inspection.

(5) The owner of a vessel shall affix, in a suitable manner, to all personal flotation devices carried aboard the vessel, 200 square centimeters (31.5 sq. in.) of coast guard-approved retroreflective material to the outside of each device and 200 square centimeters (31.5 sq. in.) to the inside of each device that is reversible.

History

• History: 1982 AACS.

Mich. Admin. Code R 281.3303 Anchor and anchor line {#sec-r-281.3303 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.3303}

Rule 303. (1) A vessel shall be equipped with 1 anchor of a suitable size and type.

(2) A vessel operating on inland lakes shall be equipped with not less than 75 feet of suitable anchor line which is readily available onboard the vessel.

(3) A vessel operating exclusively on rivers shall be equipped with not less than 30 feet of suitable anchor line which is readily available onboard the vessel.

(4) Any line attached to the required anchor shall be attached by eyesplice, thimble, and shackle.

PART 4. CLASS C VESSELS

History

• History: 1982 AACS.

Mich. Admin. Code R 281.3401 Rescinded {#sec-r-281.3401 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.3401}

History

• History: 1982 AACS; 2014 AACS

Mich. Admin. Code R 281.3402 Fixed seats {#sec-r-281.3402 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.3402}

Rule 402. Fixed seats, when used, shall be installed as follows:

(a) Aisles not more than 15 feet long shall be not less than 124 inches wide.

(b) Aisles more than 15 feet long shall be not less than 30 inches wide.

(c) Where seats are in rows, the distance from seat front to seat front shall be not less than 30 inches.

(d) Seat spacing shall provide for ready escape in case of fire or other emergency.

Portable or temporary seats shall be arranged as required for fixed seating.

History

• History: 1982 AACS.

Mich. Admin. Code R 281.3403 Vessels carrying vehicles {#sec-r-281.3403 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.3403}

Rule 403. A vessel carrying vehicles shall have suitable chains, cable, or other barriers installed at the end of the vehicle runways. Suitable gates, rails, or other devices shall also be installed as a continuation of the regularly required rails.

History

• History: 1982 AACS.

Mich. Admin. Code R 281.3404 Personal flotation devices and water light {#sec-r-281.3404 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.3404}

Rule 404. (1) The owner of a vessel shall provide 1 coast guard-approved type I, type II, or type III personal flotation device, of a proper size, for each person, including the crew, to be carried onboard. Each device shall be inspected at the dockside inspection.

(2) The owner of a vessel shall have aboard the vessel a ring life buoy not less than 20 inches in diameter. The ring life buoy shall comply with all of the following requirements:

(a) Be readily accessible in a suitable location.

(b) Have attached, in a suitable manner, not less than 50 feet of line.

(c) Be marked as required by R 281.3117.

(3) The owner of a vessel, except those vessels operating exclusively on rivers, shall provide a water light which is self-activating upon contact with the water and which is approved by the marine inspector. The light shall be stored in a readily accessible location near the ring life buoy and shall be in good and serviceable condition. When, at the owner's discretion, the light is attached to the ring life buoy, it shall be attached by a line at least 1 foot in length.

(4) Beginning January 1, 1982, any personal flotation device acquired as a replacement for an existing required device shall have affixed, in a suitable manner, 200 square centimeters (31.5 sq. in.) of coast guard-approved retroreflective material to the outside of each device and 200 square centimeters (31.5 sq. in.) to the inside of each device that is reversible.

History

• History: 1982 AACS.

Mich. Admin. Code R 281.3405 Toilet and sanitary facilities {#sec-r-281.3405 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.3405}

Rule 405. (1) The owner of a vessel shall provide toilets which comply with Act No. 167 of the Public Acts of 1970, as amended, being S323.331 et seq. of the Michigan Compiled Laws, and washbasins in accordance with the following table, except that a vessel operating on short runs of approximately 30 minutes or less need not be fitted with toilets or washbasins.

Number of Passengers Toilets Washbasins 49 and less 1 0 Over 49 1 1 (2) Toilet and washbasin facilities shall be maintained in a serviceable and sanitary condition.

History

• History: 1982 AACS.

Mich. Admin. Code R 281.3406 Fire fighting equipment {#sec-r-281.3406 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.3406}

Rule 406. (1) In addition to the number of portable fire extinguishers required by R 281.3118, a power-driven fire pump system shall be carried on a mechanically propelled vessel which is permitted to carry more than 49 passengers.

The power-driven fire pump system shall be self-priming and of such size as to discharge an effective stream from a hose connected to the highest outlet of the pump. The power fire pump system may be driven by a propulsion engine or other source of power. The pump may also be connected to the bilge system so that it can serve as either a fire pump or a bilge pump.

(2) The power-driven fire pump system shall be of a type that allows any part of the vessel to be reached with an effective stream of water from 1 length of fire hose.

(3) At least 1 length of fire hose shall be attached to each power-driven fire pump or hydrant in the system at all times. Fire hose may be commercial fire hose or equivalent which is not more than 1-1/2 inches in diameter or garden hose which is not less than 5/8 inch nominal inside diameter. The fire hose shall be in 1 piece which is not less than 25, nor more than 50, feet in length. Garden hose, when used, shall be of a good commercial grade constructed of an inner tube, plies of braided cotton reinforcement, and an outer rubber cover or equivalent material and shall be fitted with a commercial garden hose nozzle of good grade bronze or equivalent metal.

History

• History: 1982 AACS.

Mich. Admin. Code R 281.3407 Anchors and anchor line {#sec-r-281.3407 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.3407}

Rule 407. (1) A vessel shall be equipped with 1 anchor of a suitable size and type.

(2) A vessel operating on inland lakes shall be equipped with not less than 75 feet of suitable anchor line which is readily available onboard the vessel.

(3) A vessel operating exclusively on rivers shall be equipped with not less than 30 feet of suitable anchor line which is readily available onboard the vessel.

(4) Any line attached to the required anchor shall be attached by eyesplice, thimble, and shackle.

PART 5. CLASS D VESSELS

History

• History: 1982 AACS.

Mich. Admin. Code R 281.3501 Sailing apparatus; inspection {#sec-r-281.3501 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.3501}

Rule 501. The owner of a vessel shall permit the marine inspector to examine all masts, spars, standing rigging, running rigging, blocks, fittings, sails, lines, and other sailing apparatus to determine if they are fit for safe constant operation.

History

• History: 1982 AACS.

Mich. Admin. Code R 281.3502 Rescinded {#sec-r-281.3502 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.3502}

History

• History: 1982 AACS; 2014 AACS

Mich. Admin. Code R 281.3503 Personal flotation devices and water light {#sec-r-281.3503 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.3503}

Rule 503. (1) The owner of a vessel shall provide 1 coast guard-approved type I personal flotation device, of a proper size, for each person, including the crew, to be carried onboard. Each device shall be inspected at the dockside inspection.

(2) The owner of a vessel which operates on the Great Lakes and Lake St. Clair shall affix, in a suitable manner, to all type I personal flotation devices carried aboard the vessel, 200 square centimeters (31.5 sq. in.) of coast guard-approved retroreflective material to the outside of each device and 200 square centimeters (31.5 sq. in.) to the inside of each device.

(3) The owner of a vessel shall have a ring life buoy not less than 20 inches in diameter aboard the vessel. The ring life buoy shall comply with all of the following requirements:

(a) Be readily accessible in a suitable location.

(b) Have attached, in a suitable manner, not less than 50 feet of line.

(c) Be marked as required by R 281.3117.

(4) The owner of a vessel shall provide a water light which is self-activating upon contact with the water and which is approved by the marine inspector. The light shall be stored in a readily accessible location near the ring life buoy and shall be in good and serviceable condition. When, at the owner's discretion, the light is attached to the ring life buoy, it shall be attached by a line at least 1 foot in length.

History

• History: 1982 AACS.

Mich. Admin. Code R 281.3504 Marine radio and compass {#sec-r-281.3504 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.3504}

Rule 504. (1) The owner of a vessel which operates on the Great Lakes and Lake St. Clair shall have aboard the vessel a marine radio-telephone which is in good working condition and a current federal communication commission radiotelephone operator's license.

(2) The owner of a vessel which operates on the Great Lakes and Lake St. Clair shall have aboard the vessel a suitable marine-type compass which is in good and serviceable condition.

History

• History: 1982 AACS.

Mich. Admin. Code R 281.3505 Toilet facilities {#sec-r-281.3505 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.3505}

Rule 505. A vessel, except for an open boat and a vessel where suitable privacy enclosures are not practical, shall be equipped with 1 toilet which complies with Act No. 167 of the Public Acts of 1970, as amended, being S323.331 et seq. of the Michigan Compiled Laws, and shall be maintained in a serviceable and sanitary condition by the owner.

History

• History: 1982 AACS.

Mich. Admin. Code R 281.3506 Anchors and anchor line {#sec-r-281.3506 omnilex-key=us-mi-regs-official--dept-natural-resources--R 281.3506}

Rule 506. (1) A vessel shall be equipped with 1 anchor of a suitable size and type.

(2) A vessel operating on the Great Lakes and Lake St. Clair shall be equipped with 1 sea anchor.

(3) A vessel operating on the Great Lakes and Lake St. Clair shall be equipped with not less than 150 feet of suitable anchor line which is readily available onboard the vessel.

(4) A vessel operating on inland lakes shall be equipped with not less than 75 feet of suitable anchor line which is readily available onboard the vessel.

(5) Any line, when attached to the required anchor, shall be attached by eyesplice, thimble, and shackle.

History

• History: 1982 AACS.

Parks and Recreation Division Parks and Recreation Division

R 299.671 to R 299.678 Shooting Ranges on State-Owned Lands

Mich. Admin. Code R 299.671 Definitions {#sec-r-299.671 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.671}

DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENT

RECREATION DIVISION

SHOOTING RANGES ON STATE-OWNED LANDS

(By authority conferred on the director of the department of natural resources and environment by section 504 of 1994 PA 451, being MCL 324.504 and Executive Reorganization Order Nos. 1991-22 and 2009-31, MCL 299.13 and 324.99919)

Rule 1. As used in these rules:

(a) "Approved targets" means paper targets for use on the multi-use ranges and archery ranges and clay targets for use on trap/skeet and hand trap ranges or targets approved by the range officer.

(b) "Archery range" means a shooting range designated by an order of the director and posted for use of bows and crossbows.

(c) "Controlled substance" means any substance as defined by section 7104 of the public health code, 1978 PA 368, MCL 333.7104.

(d) "Department" means the department of natural resources and environment.

(e) "Designated shooting ranges" means shooting ranges designated by an order of the director and posted for such use.

(f) "Director" means the director of the department of natural resources and environment.

(g) "Litter" means any rubbish, refuse, waste material, garbage, offal, paper, glass, cans, bottles, trash, or debris.

(h) "Pistol range" means a shooting range designated by an order of the director and posted for use of pistols and revolvers.

(i) "Range officer" means a person placed in charge of a designated shooting range by the director or the director's authorized representative.

(j) "Rifle range" means a shooting range designated by an order of the director and posted for use of rifles and muzzle-loading or black powder firearm.

(k) "Separate powder measure" means a fixed or adjustable container holding a single charge of powder. This may include premeasured charges, with or without ball, in covered containers approved by the range officer.

(l) "Shotgun range" means a shooting range designated by an order of the director and posted for use of shotguns loaded with shot rounds BB or smaller.

(m) "Written permission" means a written permit issued by the director or authorized representative, or a range officer.

History

• History: 1979 AC; 1986 AACS; 2010 AACS.

Mich. Admin. Code R 299.672 Designated shooting ranges on state-owned lands; prohibited acts {#sec-r-299.672 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.672}

Rule 2. At designated shooting ranges under the control of the department, a person shall not do any of the following without the written permission of the department, or as posted:

(a) Use or occupy designated shooting ranges, except as posted, without written permission.

(b) Use or discharge a firearm containing more than l round without the written permission of the department, except for shotguns at shotgun ranges with skeet or trap equipment.

(c) Use incendiary, explosive, or tracer ammunition.

(d) On a rifle range, use other than a hand-held rifle, a muzzle-loading firearm not exceeding 80 caliber, or a shotgun with slug load.

(e) Use other than clay targets, shotguns, or shot larger than BB or as posted, on the skeet and trapshooting ranges.

(f) On a range designated for pistol use only use other than a pistol or revolver.

(g) Possess an open flame or lighted smoking material in areas posted against such use.

(h) Act as a spectator on the firing line.

(i) Possess or be under the influence of any alcoholic beverage.

(j) Possess or be under the influence of a controlled substance.

(k) Dump, deposit, place, throw, or leave litter, except in approved refuse containers.

(l) Endanger the safety of persons or property.

History

• History: 1979 AC; 1986 AACS; 2010 AACS.

Mich. Admin. Code R 299.673 Use of firearms on designated shooting ranges; prohibited acts {#sec-r-299.673 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.673}

Rule 3. On a designated shooting range, a person shall not do any of the following:

(a) Possess a loaded firearm, except at established shooting stations on the firing line, unless a person is licensed in accordance with 1927 PA 372, MCL 28.422.

(b) Discharge a firearm, except at established shooting stations at approved targets.

(c) Discharge a firearm, except when wearing hearing and eye protection.

History

• History: 1979 AC; 2010 AACS.

Mich. Admin. Code R 299.673a Use of muzzle-loading firearms; prohibited acts {#sec-r-299.673a omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.673a}

Rule 3a. A person using a muzzle-loading or black powder firearm shall not do any of the following on a designated shooting range:

(a) Use any powder other than black powder, pyrodex, or other black powder substitute.

(b) Store black powder or pyrodex in other than the original container, flask, or cow horn. The original containers, flask, or cow horn shall contain not more than 1 pound of black powder, pyrodex, or other black powder substitute.

(c) Load a muzzle-loading firearm from anything other than a separate powder measure. Loading a muzzle-loading firearm from an original container, flask, or cow horn, even if equipped with a measuring device, is prohibited.

(d) Except while loading, have open containers of black powder or flammable powder solvent on thefiring line.

History

• History: 1986 AACS; 2010 AACS.

Mich. Admin. Code R 299.674 Archery ranges; prohibited acts {#sec-r-299.674 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.674}

Rule 4. On designated archery ranges, a person shall not use any of the following:

(a) Archery equipment other than a bow and arrow and crossbow and arrow, bolt or quarrel.

(b) Hunting broadhead, except with written permission.

History

• History: 1979 AC; 2010 AACS.

Mich. Admin. Code R 299.675 Rescinded {#sec-r-299.675 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.675}

History

• History: 1979 AC; rescinded 2010 AACS.

Mich. Admin. Code R 299.676 Rescinded {#sec-r-299.676 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.676}

History

• History: 1979 AC; rescinded 2010 AACS.

Mich. Admin. Code R 299.677 Rescinded {#sec-r-299.677 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.677}

History

• History: 1979 AC; rescinded 2010 AACS.

Mich. Admin. Code R 299.678 Range officer's authority {#sec-r-299.678 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.678}

Rule 8. The range officer may do any of the following:

(a) Direct activities.

(b) Evict persons for unlawful or prohibited acts.

(c) Close the shooting range if the safety of persons or property is endangered.

History

• History: 1979 AC; 2010 AACS.

Fisheries Division Fisheries Division

R 299.721 to R 299.846 Commercial Fishing

Mich. Admin. Code R 299.721 Permits for use of gill nets with meshes less than 2 ½ inches extension measure {#sec-r-299.721 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.721}

DEPARTMENT OF NATURAL RESOURCES

FISHERIES DIVISION

COMMERCIAL FISHING

(By authority of Act No. 218 of the Public Acts of 1955, as amended, and Act No. 88 of the Public Acts of 1943, as amended, being S308.201 et seq. and S24.71 et seq. of the Michigan Compiled Laws)

Rule 1. Permits may be issued to commercial fishermen licensed under the provisions of Act No. 84 of the Public Acts of 1929, as amended, being S308.1 et seq. of the Michigan Compiled Laws, to use gill nets with meshes less than 2 1/2 inches extension measure for taking chubs, herring, alewife, smelt, and such other species the director may designate.

History

• History: 1979 AC.

Mich. Admin. Code R 299.722 Regulation of use of small mesh gill nets {#sec-r-299.722 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.722}

Rule 2. The director of conservation, subject to prior approval of the conservation commission, may regulate the use of such nets, including, but not limited to, the size of mesh therein, the areas, depths of water, and time and manner in which they may be used.

History

• History: 1979 AC.

Mich. Admin. Code R 299.723 Amendment, supervision, revocation, and expiration of permits {#sec-r-299.723 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.723}

Rule 3. Such permit may be amended or suspended so as to restrict or prohibit the use of such gill nets in waters where species of fish, other than those authorized to be taken, are caught or killed, and may revoke the permit of any fisherman who fails to abide by the terms and conditions of the permit. All such permits shall expire on December 31 following date of issue unless sooner revoked.

History

• History: 1979 AC.

Mich. Admin. Code R 299.724 Notice to permittees {#sec-r-299.724 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.724}

Rule 4. No such permit shall be amended, suspended, or revoked by action of the director of conservation unless 5 days' prior notice in writing shall have been given to the permittee.

USE OF NETS IN L'ANSE BAY FOR TAKING SMELT AND ALEWIFE

(By authority of Act No. 218 of the Public Acts of 1955, as amended, being S308.201 et seq. of the Michigan Compiled Laws)

History

• History: 1979 AC.

Mich. Admin. Code R 299.731 Permits for use of nets for taking smelt and alewife in L'Anse bay {#sec-r-299.731 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.731}

Rule 1. The director of conservation may, in his discretion, issue permits to commercial fishermen licensed under the provisions of Act No. 84 of the Public Acts of 1929, as amended, to use pound, trap, and gill nets, as provided in subdivisions (d), (g), and (i) of section 5 of Act No. 84 of the Public Acts of 1929, as amended, being S308.5 of the Michigan Compiled Laws, for taking smelt and alewife.

CLOSED SEASONS FOR TAKING WHITEFISH, YELLOW PERCH, AND

BLACK CRAPPIE

USE OF NETS IN MUNISING BAY FOR TAKING SMELT AND ALEWIFE

(By authority of Act No. 218 of the Public Acts of 1955, as amended, being S308.201 et seq. of the Michigan Compiled Laws)

History

• History: 1979 AC.

Mich. Admin. Code R 299.751 Permits for the use of nets for taking smelt and alewife in Munising Bay of Lake Superior {#sec-r-299.751 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.751}

Rule 1. The director of conservation may, in his discretion, issue permits to commercial fishermen licensed under the provisions of Act No. 84 of the Public Acts of 1929, as amended, to use in Munising bay of Lake Superior pound, trap and gill nets, as provided in subdivisions (d), (g), and (i) of section 5 of Act No. 84 of the Public Acts of 1929, as amended, for taking smelt and alewife.

LEGAL SIZE OF CATFISH

(By authority of Act No. 218 of the Public Acts of 1955, as amended, and Act No. 88 of the Public Acts of 1943, as amended, being S308.201 et seq. and S24.101 et seq. of the Michigan Compiled Laws)

History

• History: 1979 AC.

Mich. Admin. Code R 299.761 Minimum legal size of catfish {#sec-r-299.761 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.761}

Rule 1. It shall be unlawful to market, have in possession, transport, or offer for sale at any time, whether caught within or without this state, any catfish of a length less than 15 inches, except that catfish of a length not less than 14 inches may be taken from Lake Erie, but such fish shall not be sold or offered for sale except at a dock or docks along said lake.

LAKE TROUT IN LAKE SUPERIOR

(By authority of Act No. 218 of the Public Acts of 1955, as amended, being S308.201 et seq. of the Michigan Compiled Laws)

History

• History: 1979 AC.

Mich. Admin. Code R 299.771 Closed commercial fishing season on lake trout in Lake Superior {#sec-r-299.771 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.771}

Rule 1. On and after June 1, 1962, lake trout shall not be taken from Lake Superior at any time, except as provided by Act No. 165 of the Public Acts of 1929, as amended, and by the director of conservation for scientific or cultural purposes as provided in section 10 of Act No. 84 of the Public Acts of 1929, as amended.

REMOVAL OF CLOSED COMMERCIAL FISHING SEASON AND MINIMUM

LEGAL SIZE ON

SUCKERS

(By authority of Act No. 218 of the Public Acts of 1955, as amended, being S308.201 et seq. of the Michigan Compiled Laws)

History

• History: 1979 AC.

Mich. Admin. Code R 299.781 Suckers; open season {#sec-r-299.781 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.781}

Rule 1. No closed season: Suckers may be taken at any time from waters that are open to commercial fishing.

History

• History: 1979 AC.

Mich. Admin. Code R 299.782 Suckers; legal size {#sec-r-299.782 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.782}

Rule 2. No minimum size: Suckers of any size may be taken, possessed, and sold commercially.

LAKE TROUT IN LAKE MICHIGAN

(By authority conferred on the conservation commission by section 1 of Act No. 218 of the Public Acts of 1955, as amended, being S308.201 of the Michigan Compiled Laws)

History

• History: 1979 AC.

Mich. Admin. Code R 299.791 Closed commercial fishing season on lake trout in Lake Michigan {#sec-r-299.791 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.791}

Rule 1. On or after October 1, 1965, lake trout shall not be taken from Lake Michigan at any time except as provided by Act No. 165 of the Public Acts of 1929, as amended, and by the director of conservation for scientific or cultural purposes as provided in section 10 of Act No. 84 of the Public Acts of 1929, as amended, being S308.10 of the Michigan Compiled Laws.

History

• History: 1979 AC.

Mich. Admin. Code R 299.801 Closed season on whitefish in Lakes Huron, Michigan, and Superior {#sec-r-299.801 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.801}

Rule 1. It shall be unlawful to take any whitefish from the waters of Lakes Huron, Michigan, and Superior from November 1 to November 30, inclusive.

YELLOW PERCH AND PIKE-PERCH

(By authority conferred on the commission of natural resources by section 1 of Act No. 218 of the Public Acts of 1955, as amended, and sections 9, 252, and 255 of Act No. 380 of the Public Acts of 1965, as amended, being SS308.201, 16.109, 16.352, and 16.355 of the Michigan Compiled Laws)

History

• History: 1979 AC.

Mich. Admin. Code R 299.813 Pike-perch in Lake Erie; suspension of minimum size law {#sec-r-299.813 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.813}

Rule 3. The provisions of subsection (h) of section 14 of Act No. 84 of the Public Acts of 1929, as amended, being S308.14 of the Michigan Compiled Laws, having special reference to pike-perch (yellow pickerel) taken from Lake Erie, are suspended.

History

• History: 1979 AC.

Mich. Admin. Code R 299.815 Yellow perch; suspension of size or weight minimums; exception {#sec-r-299.815 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.815}

Rule 5. To remove the size and weight limits and closed seasons on yellow perch taken in the Michigan waters of the Great Lakes not otherwise closed to commercial fishing, the provisions of section 14(d) and section 6(1)(d) of Act No. 84 of the Public Acts of 1929, as amended, being SS308.14 and 308.6 of the Michigan Compiled Laws, remain suspended and are superseded by the following rules:

(a) On or after the effective date of these rules, the size or weight minimums for yellow perch remain suspended except for that area of Lake Huron described in R 299.1074 (1)(f) and R 299.1074(1)(g). Size limits on perch for areas described in R 299.1074(1)(f) and R 299.1074(1)(g) are defined in R 299.1075(4).

(b) On or after June 1, 1966, the provisions of section 6(1)(d) of Act No. 84 of the Public Acts of 1929, with respect to yellow perch taken from the waters of the Great Lakes, are suspended.

History

• History: 1979 AC.

Mich. Admin. Code R 299.816 Yellow perch; rescissions {#sec-r-299.816 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.816}

Rule 6. Conservation commission orders effective September 11, 1960, and October 1, 1965, as these apply to yellow perch, being R 299.742, R 299.811, and R 299.812 of the Michigan Administrative Code, and appearing on page 1444 of the 1960 Annual Supplement to the Code and on page 31 of Supplement No. 44 to the Code are rescinded.

History

• History: 1979 AC.

Mich. Admin. Code R 299.817 Area closed to commercial fishing; Saginaw bay and Lake Huron {#sec-r-299.817 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.817}

Rule 7. To establish an area seasonally closed to commercial fishing operations, the provisions of section 6 of Act No. 84 of the Public Acts of 1929, as amended, being S308.6 of the Michigan Compiled Laws, are extended to include the following regulation:

(a) It shall be unlawful from June 10 to September 10, inclusive, to place or use any gill or entrapment net or to engage in commercial fishing operations in water of a depth less than 18 feet along that portion of the Saginaw bay-Lake Huron shore lying between Harrisville on the north and AuGres Point on the south, more particularly described-the south line of section 12, T26N, R9E, extended east into the waters of Lake Huron near Harrisville shall constitute the northern boundary, and a line extended east from the most southerly part of section 6, T18N, R7E, shall constitute the southern boundary.

(b) This regulation shall in no way change existing special provisions regulating commercial fishing in bays and harbors.

SUSPENSION, SUPERSEDURE, AND EXTENSION OF STATUTORY

PROVISIONS

(By authority conferred on the commission of conservation by section 1 of Act No. 218 of the Public Acts of 1955, as amended, and by sections 9 and 252 of Act No. 380 of the Public Acts of 1965, being SS308.201, 16.109, and 16.352 of the Michigan Compiled Laws)

History

• History: 1979 AC.

Mich. Admin. Code R 299.821 Suspension of statutory provisions {#sec-r-299.821 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.821}

Rule 1. The following provisions of Act No. 84 of the Public Acts of 1929, as amended, being SS308.1 to 308.51 of the Michigan Compiled Laws, are suspended:

(a) The provisions of subsections (h) and (i) of section 5 that no part of the lifting pot or crib of trap nets may exceed 15 feet in depth.

(b) The provisions of subsection (l) of section 5 pertaining to the depth of gill nets, effective July 1, 1967.

(c) The provision of subsection (c) of section 25 that a boat to which a license has been transferred may be fished only within a radius of 50miles of the port designated in the original license.

History

• History: 1979 AC.

Mich. Admin. Code R 299.822 Removal or relocation of large mesh gill nets {#sec-r-299.822 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.822}

Rule 2. The provisions of subsection (a) of section 5 of Act No. 84 of the Public Acts of 1929, as amended, are extended as follows: The director of the department of conservation may remove or cause to be removed or relocated any gill nets with meshes 4 1/2 inches or larger used for the taking of whitefish, lake trout and yellow pickerel, when from inspection he determines that these nets are interfering with or taking more than 15% by weight of undersized whitefish, lake trout or yellow pickerel, or 15% by weight of any fish on which the season is closed or unlawful to take with commercial fishing devices.

History

• History: 1979 AC.

Mich. Admin. Code R 299.823 Shoaling twine for large mesh trap nets {#sec-r-299.823 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.823}

Rule 3. The provisions of subsection (h) of section 5 of Act No. 84 of the Public Acts of 1929, as amended, designating shoaling twine, are suspended and superseded by the following regulation: In trap nets with meshes not less than 4 1/2 inches in the lifting pot, used for taking whitefish and lake trout, meshes not more than 3 1/2 inches may be used (a) in that part of the tunnel inside the pot, (b) in the entire front of the pot, (c) in that portion of the bottom of the pot connected thereto for a distance up to 10 feet, but not to exceed 1/4 of the length of the pot, and (d) in the connecting sides for the full depth of the pot and of a width up to 10 feet, but not to exceed 1/4 of the length of the pot, for the purpose of shoaling fish.

History

• History: 1979 AC.

Mich. Admin. Code R 299.824 Measurement of the mesh of trap nets, pound nets, and seines {#sec-r-299.824 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.824}

Rule 4. The provisions of subsection (1) of section 5 of Act No. 84 of the Public Acts of 1929, as amended, are extended by the following regulations effective July 1, 1967:

(a) The measurement of the mesh of trap nets, pound nets, and seines described in subsections (f), (g), (h), (i), (j) and (k) of section 5 of Act No. 84 of the Public Acts of 1929, as amended, shall be made with a 2-pound, 1- to 6-inch extension type gauge, constructed per specifications detailed in department of conservation drawing no. 0-264.

Graduations of the calibrated scale of the gauge shall measure accurately to within plus or minus .005 of an inch, and the weighted cylinder of the gauge shall weigh 2 pounds, plus or minus 1/2 ounce. Prints of the drawing are on file at the department offices in Lansing and are available upon request. The gauge may be purchased from the department at cost.

(b) The mesh size of such nets shall be determined by extension measure between the extreme angles of the mesh. The measurement shall be made inside of the mesh knots.

(c) The meshes to be gauged shall be at least 3 meshes removed from the side lines, and in gauging the mesh, the gauge shall be held by the suspension ring, with 1 mesh knot inserted above the upper string slot of a width nearest the diameter of the twine of the mesh being measured and with the opposite knot inserted below the lower identical size string slot. The weighted cylinder shall be allowed to settle slowly until the full 2 pounds of the cylinder is acting upon the mesh being measured for a period of at least 30 seconds.

(d) If the majority of 10 or more meshes selected at random by the conservation officer from any part of the net do not conform to the measurements provided by Act No. 84 of the Public Acts of 1929, as amended, or any valid rule adopted by the conservation commission under authority of Act No. 218 of the Public Acts of 1955, as amended, the net shall be deemed unlawful.

History

• History: 1979 AC.

Mich. Admin. Code R 299.827 Closed commercial fishing season in Tahquamenon bay {#sec-r-299.827 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.827}

Rule 7. (1) It is unlawful during the period of June 1 to November 30 for any person to catch or take fish of any species with net, set hook lines or other device of any kind except hook and line and spear as permitted by law from that part of Tahquamenon bay in Lake Superior described as follows: that area lying south and west of a line beginning at the northerly projection of land in the west 1/2 of section 9, town 47 north, range 5 west, and extending northerly to Tahquamenon island, thence northwesterly to the mouth of the Tahquamenon river in section 14, town 48 north, range 6 west.

(2) The director of conservation may authorize, by special permit, the use of nets, set hook lines or other devices for catching or taking fish within such area at any time for the purpose of fishery management.

History

• History: 1979 AC.

Mich. Admin. Code R 299.846 Pike-perch in Lake Erie; closed seasons and closure to gill nets {#sec-r-299.846 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.846}

Rule 6. To prohibit commercial fishing for pike-perch, and the setting of gill nets, during the months of April and October, the provisions of subsection (1)(c) and subsection (2) of section 6 of Act No. 84 of the Public Acts of 1929, as amended, being S308.6 of the Michigan Compiled Laws, having reference to pike-perch taken from Lake Erie are suspended and superseded by the following rule:

On and after February 15, 1970, pike-perch (yellow pickerel) shall not be taken from Lake Erie, and no gill nets shall be used in Lake Erie, during the months of April and October.

History

• History: 1979 AC.

Law Enforcement Division Law Enforcement Division

R 299.921 to R 299.933 State Land Use Rules

Mich. Admin. Code R 299.921 Definitions {#sec-r-299.921 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.921}

DEPARTMENT OF NATURAL RESOURCES

LAW ENFORCEMENT DIVISION

STATE LAND USE RULES

(By authority conferred on the department of natural resources by section 504 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.504, and Executive Reorganization Orders Nos. 1991-22, 2009-31, and 2011-1, MCL 299.13, 324.99919, and 324.99921)

Rule 21. As used in these rules:

(a) "Camp" means any of the following:

(i) The opening or setting up of a tent.

(ii) The parking and occupancy of an enclosed, self-contained camping unit.

(iii)Sleeping or occupying a sleeping bag, or sleeping in any other manner between the hours of 10 p.m. and 8 a.m.

(b) "Commercial operations" means any activity that involves, directly or indirectly, the buying or selling of goods or services, or the exchange or attempt or offer to exchange goods or services for money, barter, or for anything of value.

(c)"Day-use area" means a specific area of a state park, recreation area, pathway, or state forest which is developed and maintained as an area to be used by the public for picnics, playground use, swimming, organized meetings, social gatherings, and educational displays and exhibits and has a 450-foot buffer zone around the area. "Dayuse area" also includes all parks, recreation areas, pathways, or state forest area offices, out-buildings, garages, maintenance shops, museums, the 450-foot buffer zone around all such buildings, and any area that the department designates as a "day-use area," either on a temporary or permanent basis, by posting the boundaries of that area as a "day-use area."

(d)"Designated" means listed in a director's order, posted with a sign or signs at the site, or reasonably identified for a particular use, and includes the following:

(i) "Designated area" means an area that has been properly signed on the ground for cross-country ORV use.

(ii) “Designated campsite” means a site that is identified with a site number.

(iii) “Dispersed camping” means camping by permit on state-owned land under the control of the department on other than a designated area or designated campsite.

(iv) “Designated group campsite” means an area within a designated campground with defined boundaries that allows for the placement of multiple camps for group camping.

(v) "Designated route" means any road that has been properly signed on the ground for ORV use.

(vi)"Designated trail" means a path or way capable of travel by a 2- to 4-wheel vehicle not more than 50 inches in width and properly signed on the ground for ORV use.

(e)"Event" means a single, structured, organized, consolidated, scheduled meeting or occurrence on state-owned land and to which 1 or both of the following apply:

(i) A fee or donation is required for participation.

(ii) The number of people involved is 20 or more individuals.

(f) “Fireworks” means any device as defined in section 2 (i) of 2011 PA 256, MCL 28.452(i).

(g) "Forest road" means a forest road as defined in MCL 324.81101 (f).

(h) "ORV" means a vehicle as defined in MCL 324.81101(o).

(i) “Owner’s agent” means an individual authorized by the owner to act on an owner's behalf.

(j) “Pathway” means a narrow recreational trail of compacted native soil or improved trail surface designated for non-motorized use, except for a PAMD, and properly signed on the ground.

(k) "Permit or written permission" means a signed permit or signed written permission issued by the department.

(l) “Personal assistive mobility device” (PAMD) means any device, including one that is battery-powered, that is designed solely for use by an individual with mobility impairment for locomotion and is considered as an extension of the individual. An individual whose disability requires use of a wheelchair or PAMD may use such equipment that meets this definition anywhere foot travel is allowed.

(m) "Properly signed on the ground" means that a sign has been posted by the department to mark the location or boundary of a designated trail, route, pathway, or other designated area.

(n) “Quiet hours” means the hours between 10 p.m. and 8 a.m. during which time an individual may not knowingly cause noise that disturbs another.

(o) "State forest officer" means an individual commissioned by the director under authority of section 83107 of 1994 PA 451, MCL 324.83107.

(p) "State park and recreation enforcement officer" means an individual commissioned by the director under authority of section 1606 of 1994 PA 451, MCL 324.1606.

History

• History: 2001 AACS; 2014 AACS.

Mich. Admin. Code R 299.922 Unlawful acts generally {#sec-r-299.922 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.922}

Rule 22. On land owned or under the control of the department, it is unlawful to do any of the following:

(a) Enter, use, or occupy state-owned land for any purpose where posted against entry, use, or occupancy, as ordered by the department.

(b) Dispose of refuse, rubbish, trash, or garbage not resulting from the use of stateowned land in a receptacle provided on state-owned land.

(c) Set a fire to the contents of a trash container.

(d) Bury or burn refuse, rubbish, trash, or garbage.

(e) Engage in any violent, abusive, loud, boisterous, vulgar, lewd, or otherwise disorderly conduct, or to lounge, sit, or lie upon a walk, road, or path obstructing the free passage of another individual.

(f) Place or erect a fence or barrier, to install, construct or occupy a structure or modification to state-owned land, except an otherwise lawful ground blind or tree stand, or to enclose the land.

(g) Move, remove, destroy, mutilate, or deface a poster, notice, sign, marker, or any property of the department or any other agency of government.

(h) Destroy, damage, or remove a tree, including a dead and downed tree and woody debris, shrub, wildflower, grass, or other vegetation. Except in a wildlife food plot, this subdivision does not apply to picking and removing mushrooms, berries, and edible fruits or nuts for personal use.

(i) Solicit business of any nature; distribute or post any handbill or other advertising material; post a sign; paint or otherwise mark any tree or rock on any state-owned land, water, structure, or property, except with written permission from the department.

(j) Possess a glass container within any state-owned land or water area that is designated as a bathing beach or state-owned land or water area that is regularly used for sunbathing, swimming, or wading.

(k) Obstruct any road or trail in a manner that hinders public access to state-owned land.

(l) Park a vehicle of any type in an area posted as no parking; or, where a designated parking area exists, to park a vehicle of any type in an area other than the designated parking area. If a motor vehicle is found parked on state-owned land and is found to be in violation of this rule, the registered owner is prima facie responsible for the violation as defined in MCL 257.675c(1).

(m) Park any vehicle in or otherwise occupy a designated campsite, except by a registered camper or authorized visitor to a registered camper.

(n) Hold an event including, but not limited to, a race, endurance contest, tournament, or trail ride, unless the event is conducted pursuant to a permit issued by the department.

The permit may include a charge to the permittee for the use of state-owned land. The permit may require a performance bond and may require public liability insurance. The department may waive the requirement for a permit for an event if the department determines that the event will not require department oversight, and the event is anticipated to have a minimal impact on the resource or facilities and on the use of stateowned land by others.

(o) Use a loudspeaker, public address system, or sound-amplifying equipment of any kind without written permission, except for an electronic game-calling device that is lawfully used while hunting, or to operate a motor, motorboat, motor vehicle, radio, television, generator, or any other device in a manner that produces excessive noise.

(p) Use or operate any wheeled, motorized vehicle, except a PAMD, on state-owned land in the Upper Peninsula of this state, except on a designated route, a designated trail, a designated area, or a forest road not otherwise posted as closed to the use of motorized vehicles or entry.

(q) Use or operate any wheeled, motorized vehicle, except a PAMD, on state-owned land in the Lower Peninsula of this state, except on a designated route, a designated trail, or a designated area. A wheeled, motorized vehicle that is properly registered under 1949 PA 300, MCL 257.1 to 257.923, may be operated on a forest road not otherwise posted as closed to the use of motorized vehicles.

(r) Camp in a state park, recreation area, public access site, or designated campground on other than a designated site.

(s) Camp in a designated campground or location in a state forest or state game area for more than 15 consecutive nights, except as provided in R 299.922(t), or to use as a permanent or semi-permanent residence. To be considered a new camp, the location shall be not less than 1 mile from the previous camp.

(t) Disperse camp for more than 21 days between October 1 and May 1. To be considered a new camp, the location shall be not less than 1 mile from the previous camp.

(u) Camp within the native vegetation buffer of any designated natural river, as specified in the department’s designated natural river management plan.

(v) Leave a campsite unoccupied for more than a 24-hour period after the camp is established.

(w) Store or leave a watercraft, fish shanty, or other property on state-owned land for more than 24 hours. This subdivision does not apply to a lawfully occupied designated camping site or to a ground blind and tree stand that meets lawful requirements.

(x) Camp on 1 designated campsite by more than 6 individuals.

(y) For all individuals in a camp to be under 18 years of age.

(z) For an individual under 18 years of age to register for a campsite.

(aa) Camp with more than 1 enclosed self-contained camping unit on 1 designated campsite.

(bb) Ride or lead a horse or pack and saddle animal, or any animal-driven vehicle on any area, except on roads that are open to the use of motor vehicles, trails, bridle paths, and campgrounds designated for such use by the department and on state-owned forest land not posted closed to such use or entry, or prohibited by an order issued by the department.

(cc) Operate the motor of a vessel at more than idle speed at any boat launch ramp administered by the department, unless the propeller is disengaged.

(dd) Use state-owned land for a commercial operation unless the commercial operation is conducted pursuant to a permit issued by the department. The department may waive the requirement for a permit for a commercial operation if the department determines that the commercial operation will not require department oversight and the commercial operation is anticipated to have a minimal impact on the resource or facilities and the use of state-owned land by others.

(ee) Use or ignite fireworks.

(ff) Camp in a designated parking area, except if posted to allow camping.

(gg) Drag a state forest road with any device that disturbs the surface of the roadbed at a depth greater than two inches.

(hh) Remove from state-owned land more than the aggregate total weight of 25 pounds, per individual per year of any rock, mineral specimen (exclusive of any gold bearing material), or invertebrate fossil for individual or non-commercial hobby use.

(ii) Target shoot at any object other than paper, cardboard, clay, or a commercially or privately produced target designed and manufactured for the specific purpose of target shooting.

(jj) Target shoot at an explosive or incendiary target.

History

• History: 2001 AACS; 2004 AACS; 2014 AACS.

Mich. Admin. Code R 299.923 Public access sites and harbors; unlawful acts {#sec-r-299.923 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.923}

Rule 23. In addition to the unlawful acts specified in R 299.922, at state-owned public access sites and harbors, it is unlawful to do any of the following:

(a) Moor or raft off a state-owned dock without having paid the docking fees authorized by the department.

(b) Enter, use, or occupy during the hours of 11 p.m. to 4 a.m. daily where such closing hours are posted on the premises; or to swim, wade, or bathe where specifically prohibited by notices posted on the premises.

(c) Block use of a public access site with a vessel, trailer, or vehicle, except while launching or retrieving a vessel.

(d) Camp in a public access site, except on a designated campsite.

(e) Build a fire except in a stove or grill provided by the department.

History

• History: 2001 AACS; 2014 AACS.

Mich. Admin. Code R 299.924 Land under the control of the department other than parks, recreation areas, game and wildlife areas, designated campgrounds and access sites; unlawful acts {#sec-r-299.924 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.924}

Rule 24. In addition to the unlawful acts specified in R 299.922, on land under the control of the department other than state parks, recreation areas, game and wildlife areas, designated campgrounds, and public access sites, it is unlawful to do any of the following:

(a) Park any wheeled, motorized vehicle more than 50 feet from the traveled portion of a road, forest road, parking lot, or trail open to such vehicle use.

(b) Use, operate, or possess a wheeled, motorized vehicle, except a PAMD, on a designated state forest pathway.

(c) Possess a dog or other animal in a designated day use area, except if it is under immediate control on a leash not more than 6 feet in length. This subdivision does not apply to a dog within a designated leash-free area or to a dog being used for hunting, in field trials, while being trained for hunting or field trials, or for other purposes as allowed by the department on land under the control of the department and open to such use.

History

• History: 2001 AACS; 2014 AACS; 2024 MR 6, Eff. March 12, 2024.

Mich. Admin. Code R 299.925 Rescinded {#sec-r-299.925 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.925}

History

• History: 2001 AACS; 2014 AACS.

Mich. Admin. Code R 299.926 Game and wildlife areas; unlawful acts {#sec-r-299.926 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.926}

Rule 26. In addition to the unlawful acts specified in R 299.922, on state-owned land in a state game or wildlife area, it is unlawful to do any of the following:

(a) Camp between May 15 and September 10, except in areas specifically designated for camping.

(b) Park any wheeled, motorized vehicle more than 50 feet from the traveled portion of a road, forest road, parking lot, or trail open to wheeled, motorized vehicle use.

(c) Operate any wheeled self-propelled or motorized vehicle, except a PAMD, including a snowmobile and bicycle, on other than a designated road open to the public, a trail, parking lot, or area properly signed by the department as being open to such use.

History

• History: 2001 AACS; 2014 AACS.

Mich. Admin. Code R 299.927 State parks and recreation areas; unlawful acts {#sec-r-299.927 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.927}

Rule 27. In addition to the unlawful acts specified in R 299.922, in state parks, recreation areas, forest campgrounds, and pathway trailheads, it is unlawful to do any of the following:

(a) Enter or remain in a campground, outdoor center, cabin area, or day campsite between the hours of 10 p.m. and 8 a.m., unless the individual is a lawfully registered occupant. An individual shall not enter or remain in a day-use area between the hours of 10 p.m. and 8 a.m., except as posted otherwise.

(b) Discharge an air gun, gas gun, spring-loaded gun, or slingshot; or to discharge a bow and arrow or crossbow, except if licensed to take game during established hunting seasons on state-owned land designated open to hunting under the authority of the department. This subdivision does not apply to a shooting range designated by the department or to a starting gun for a field trial. An individual shall not engage in target shooting, except on a designated shooting range.

(c) Obtain a camping permit for use by a camping party of which the individual is not a member.

(d) Camp for more than 15 consecutive nights in any separately administered campground in a park or recreation area between May 15 and September 15. If a camping party is required to leave a campground upon reaching the 15-night limit, the party is not eligible to return until 5 nights have elapsed.

(e) Use a campground for a permanent or semipermanent residence.

(f) Ride a bicycle of any kind, except on a pathway, road, parking lot, or a designated, signed bicycle trail.

(g) Park more than 2 motor vehicles on 1 campsite or in a campground, except 2 motorcycles may be substituted for each motor vehicle if each is operated by a registered camper.

(h) Build a fire, except in a designated place.

(i) Enter a campground, if not a registered camper, unless with permission from a park manager or designee. This subdivision does not apply to an individual visiting a registered camper.

(j) Allow a dog or other animal within a state-owned water or land area as designated by park manager or designee as a bathing beach or to bring a dog or other animal, except a service animal for the blind, visually, or physically impaired, into an enclosed park building or to leave a dog or other animal unattended; or to permit a dog or other animal to run loose or create a disturbance unless the dog is being used in hunting, or in a field trial, or while being trained on state-owned land open to such use; or to fail to properly control a dog or other animal. Any dog or other animal found not in the possession of or under the immediate control of its owner or owner's agent, or any dog or other animal creating a nuisance or disturbance, may be removed from the park, recreation area, or state forest campground by the department.

(k) Possess a dog or other animal unless it is under immediate control on a leash not more than 6 feet in length. This subdivision does not apply to a dog being used for hunting, or in field trials, or while being trained, when upon state-owned land open to such use, or within a designated leash-free area.

(l) Ride or allow a horse or other pack and saddle animal in any area, except for a designated equestrian trail or equestrian campground, or when in compliance with a permit issued for a field dog trial.

(m) Camp without a camping permit issued by the department.

(n) Conduct scientific research without written authorization from the department.

(o) Camp or place a camp of any type in a designated forest campground without first completing the camp registration tag, depositing the payment of the posted camping fee in the receptacle provided, and posting the camp registration tag at the campsite. The camp registration tag shall be furnished by the department and be available at the campground.

(p) Operate an ORV in a designated campground, except for entrance to and departure from a designated ORV campground or by order of the department.

(q) Use, operate, or possess a wheeled, motorized vehicle, except for a PAMD, on a designated state forest pathway.

(r) Knowingly cause any noise that may disturb another during quiet hours.

History

• History: 2001 AACS; 2014 AACS.

Mich. Admin. Code R 299.928 Rose lake wildlife area; unlawful use of skis; area defined {#sec-r-299.928 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.928}

Rule 28. (a) In addition to the unlawful acts specified in R 299.922 and R 299.926, on the rose lake wildlife area, it is unlawful to use skis from November 1 through January 1.

(b) For the purpose of this rule, "rose lake wildlife area" means the state-owned lands and waters in sections 13, 14, 21, 22, 23, 24, 25, 26, 27, and 34 of T5N, R1W, Clinton county, and sections 17, 20, 21, 22, 28, and 29 of T5N, R1E, Shiawassee county.

History

• History: 2001 AACS; 2014 AACS.

Mich. Admin. Code R 299.929 Violation of rules; eviction {#sec-r-299.929 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.929}

Rule 29. In addition to any other penalty prescribed by law, violation of any of these rules may result in eviction from the state park, recreation area, access site, game or wildlife area, designated campground, or state-owned land for not less than 48 hours, or as defined by court order.

History

• History: 2001 AACS; 2014 AACS.

Mich. Admin. Code R 299.930 Individuals exempt from rules {#sec-r-299.930 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.930}

Rule 30. Department employees acting in the line of duty are exempt from these rules.

History

• History: 2001 AACS; 2014 AACS.

Mich. Admin. Code R 299.931 Enforcement authority; state park and recreation officer {#sec-r-299.931 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.931}

Rule 31. A state park and recreation officer may enforce any of the following acts or parts of acts:

(a) 1949 PA 300, MCL 257.255, 257.311, 257.624a, 257.624b, 257.649, 257.658, 257.674, 257.710e, 257.904, and 257.904a.

(b) 1998 PA 58, MCL 436.1703.

(c) 1931 PA 328, 750.335 and 750.335a.

(d) 1931 PA 328, MCL 750.356, 750.356a, 750.356d, 750.359, 750.362, 750.362a, 750.363, 750.367, and 750.367c.

(e) 1931 PA 328, MCL 750.377a.

(f) 1978 PA 368, MCL 333.7403 and 333.7404.

(g) 2011 PA 256, MCL 28.454, 28.455, 28.462, 28.464, 28.465 and 28.468.

(h) 1994 PA 451, MCL 324.8901 to 324.8907.

(i) 1931 PA 328, MCL 750.167.

(j) 1931 PA 328, MCL 750.66.

(k) 1931 PA 328, MCL 750.50.

(l) 1998 PA 58, MCL 436.1701.

(m) 1994 PA 451, MCL 324.80122.

(n) 1931 PA 328, MCL 750.380.

(o) 1931 PA 328, MCL 750.382.

(p) 1931 PA 328, MCL 750.135a.

(q) 1931 PA 328, MCL 750.145.

(r) 1931 PA 328, MCL 750.141a.

History

• History: 2001 AACS; 2014 AACS.

Mich. Admin. Code R 299.932 Enforcement authority; state forest officer {#sec-r-299.932 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.932}

Rule 32. A state forest officer may enforce any of the following acts or parts of acts:

(a) 1949 PA 300, MCL 257.255, 257.311, 257.624a, 257.624b, 257.674, 257.904, and 257.904a.

(b) 1998 PA 58, MCL 436.1703.

(c) 1931 PA 328, MCL 750.335 to 750.335a.

(d) 1931 PA 328, MCL 750.356 to 750.367c.

(e) 1931 PA 328, MCL 750.377a.

(f) 1978 PA 368, MCL 333.7403 and 333.7404.

(g) 2011 PA 256, MCL 28.454, 28.455, 28.462, 28.464, 28.465 and 28.468.

(h) 1994 PA 451, MCL 324.8901 to 324.8907.

(i) 1931 PA 451, MCL 750.167.

(j) 1994 PA 451, MCL 324.51501 to 324.51514.

(k) 1994 PA 451, MCL 324.74201 to 324.74207.

(l) 1994 PA 451, MCL 324.81101 to 324.81150.

(m) 1994 PA 451, MCL 324.82101 to 324.82160.

History

• History: 2001 AACS; 2014 AACS.

Mich. Admin. Code R 299.933 Rescissions {#sec-r-299.933 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.933}

Rule 33. R 299.291a, R 299.301 to R 299.303, R 299.321 to R 299.328, R 299.331 to R 299.335, R 299.661 to R 299.667, and R 299.1001 to R 299.1004 of the Michigan Administrative Code, appearing on pages 1417 to 1425, 1438 to 1440, 1456, and 1457 of the 1979 Michigan Administrative Code, pages 55 and 56 of the 1980 Annual Supplement to the Code, and pages 173 and 174 of the 1986 Annual Supplement to the Code, are rescinded.

History

• History: 2001 AACS.

Administrative Division Administrative Division

R 299.951 to R 299.957 Relocation Assistance

Mich. Admin. Code R 299.951 Definitions {#sec-r-299.951 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.951}

DEPARTMENT OF NATURAL RESOURCES

REAL ESTATE DIVISION

RELOCATION ASSISTANCE

(By authority conferred on the natural resources commission by section 7 of Act No. 227 of the Public Acts of 1972, being S213.327 of the Michigan Compiled Laws)

Rule 1. (1) "Commission" means the natural resources commission.

(2) "Department" means the department of natural resources.

(3) "Uniform act" means the uniform relocation assistance and real property acquisition policies act of 1970, Public Law 91-646.

(4) "Aggrieved relocatee" means a person who may be entitled to a determination pursuant to the uniform act and who is dissatisfied with the determination with regard to their eligibility for benefits or the amount of the benefit.

(5) "Person" means an individual, partnership, corporation, or association.

History

• History: 1979 AC.

Mich. Admin. Code R 299.952 Aggrieved relocatee's options {#sec-r-299.952 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.952}

Rule 2. (1) An aggrieved relocatee who wishes to contest a determination made concerning either eligibility for benefits or the amount of benefits due pursuant to the uniform act may either:

(a) File a written objection with the department's land acquisition supervisior.

(b) Appear before the department's land acquisition supervisor and present his objection orally.

(2) An objection, whether written or oral, shall be filed or presented within 6 months after the aggrieved relocatee is given written notice of the determination to which objection is made.

(3) The land acquisition supervisor shall give written notice of his decision by registered mail within 30 days after receipt of a written or oral objection.

History

• History: 1979 AC.

Mich. Admin. Code R 299.953 Hearing by department {#sec-r-299.953 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.953}

Rule 3. An aggrieved relocatee who wishes to contest the land acquisition supervisor's written decision may file a written objection with the department and may appear before the department to present an objection after written decision of the land acquisition supervisor. The objection shall be filed within 30 days after written notice by the land acquisition supervisor. A personal appearance shall be scheduled after a written request by the aggrieved relocatee. The hearing shall be conducted by a 3member appeals committee appointed by the director of the department. One member of the committee shall be designated as hearings officer. The aggrieved relocatee may represent himself at the hearing orbe represented by legal counsel. The department may be represented by the attorney general.

History

• History: 1979 AC.

Mich. Admin. Code R 299.954 Opening statements; evidence; witnesses {#sec-r-299.954 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.954}

Rule 4. (1) The hearing shall be opened by the hearings officer with a concise statement of the hearing's nature and purpose. The hearings officer shall follow the rules of evidence applicable to circuit court proceedings. However, the hearings officer may admit and give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent men in the conduct of their affairs.

(2) Documentary evidence may be received in the form of copies, excerpts or by incorporation by reference.

(3) The aggrieved relocatee, the department and the appeals committee may examine witnesses.

History

• History: 1979 AC.

Mich. Admin. Code R 299.955 Exhibits; form; submission {#sec-r-299.955 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.955}

Rule 5. (1) Evidence to be presented, consisting of matters so complex as to make the presentation difficult to follow, may be presented in exhibit form, supplemented and explained, but not duplicated by oral testimony.

(2) An exhibit shall be numbered in numerical sequence and an exhibit of 2 or more pages shall be stapled together and notation made at the top of the first page as to the number of pages contained therein. A party introducing documentary exhibits shall furnish 3 copies to the hearings officer.

(3) Additional documentary evidence may be submitted subsequent to the closing of the hearing upon stipulation of the parties.

History

• History: 1979 AC.

Mich. Admin. Code R 299.956 Arguments and decisions {#sec-r-299.956 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.956}

Rule 6. (1) After all of the evidence is entered in the record, the aggrieved relocatee and the department may summarize their arguments and the hearing shall be closed.

(2) Within 30 days after the hearing, the hearings officer shall send a written notice of the appeals committee's decision by registered mail to the aggrieved relocatee. The written notice shall contain the reasons supporting the decision. A copy of the hearing transcript shall be available upon request.

History

• History: 1979 AC.

Mich. Admin. Code R 299.957 Appeals to commission {#sec-r-299.957 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.957}

Rule 7. (1) The decision of the appeals committee may be appealed to the commission if written notice of appeal is filed by the aggrieved relocate with the commission within 30 days after the hearings officer renders a decision.

(2) On appeal to the commission, additional written evidence may be filed by the aggrieved relocatee and by the department within 10 days after filing the notice of appeal of the appeals committee's decision. In rendering its decision, the commission shall consider the entire hearing record, and additional written evidence which may have been filed by the aggrieved relocatee or the department. The commission may request the aggrieved locatee to personally appear. The commission shall inform the aggrieved relocatee and the department of its decision on the appeal by sending them a copy of its written decision within 30 days after the commission meets following the filing of additional written evidence.

(3) The decision of the commission shall be subject to judicial review by the appropriate state or federal court as provided by statutes and court rules.

History

• History: 1979 AC.

Wildlife Division Wildlife Division

R 299.1021 to R 299.1028 Endangered and Threatened Species

Mich. Admin. Code R 299.1021 Mollusks {#sec-r-299.1021 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.1021}

DEPARTMENT OF NATURAL RESOURCES

WILDLIFE DIVISION

ENDANGERED AND THREATENED SPECIES

(By authority conferred on the department of natural resources by section 36503 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.36503)

Rule 1. (1) The following mollusk species of class Pelecypoda (mussels) are included on the state list of endangered species:

Epioblasma perobliqua White catspaw Epioblasma rangiana Northern riffleshell Epioblasma triquetra Snuffbox Obliquaria reflexa Threehorn wartyback Obovaria olivaria Hickorynut Obovaria subrotunda Round hickorynut Paetulunio fabalis Rayed bean Pleurobema clava Clubshell Sagittunio nasutus Eastern pondmussel Simpsonaias ambigua Salamander mussel Toxolasma lividus Purple lilliput Toxolasma parvum Lilliput Truncilla donaciformis Fawnsfoot (2) The following mollusk species of class Pelecypoda (mussels) are included on the state list of threatened species:

Alasmidonta viridis Slippershell Cyclonaias tuberculata Purple wartyback Lampsilis fasciola Wavyrayed lampmussel Ligumia recta Black sandshell (3) The following mollusk species of class Pelecypoda (mussels) are thought to be extirpated in this state, but will be listed automatically as endangered if rediscovered in the state:

Leptodea leptodon Scaleshell Potamilus ohiensis Pink papershell (4) The following mollusk species of class Gastropoda (snails) are included on the state list of endangered species:

Catinella protracta A land snail (no common name)

Gastrocopta holzingeri Lamda snaggletooth Guppya sterkii Sterki’s granule Planorbella multivolvis Acorn ramshorn Vallonia gracilicosta albula A land snail (no common name)

Vertigo hubrichti Hubricht’s vertigo Vertigo modesta modesta A land snail (no common name)

Vertigo modesta parietalis A land snail (no common name)

Vertigo morsei Six-whorl vertigo Vertigo nylanderi Deep-throat vertigo (5) The following mollusk species of class Gastropoda (snails) are included on the state list of threatened species:

Catinella exile Pleistocene catinella Catinella gelida A land snail (no common name)

Euchemotrema hubrichti Carinate pillsnail Euconulus alderi A land snail (no common name)

Hendersonia occulta Cherrystone drop Mesodon elevatus Proud globe Pallifera fosteri Foster mantleslug Vertigo bollesiana Delicate vertigo

History

• History: 1979 AC; 1980 AACS; 1983 AACS; 1987 AACS; 1991 AACS; 1998-2000 AACS; 2009 AACS; 2023 MR 6, Eff. March 20, 2023.

Mich. Admin. Code R 299.1022 Insects {#sec-r-299.1022 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.1022}

Rule 2. (1) The following insect species are included on the state list of endangered species:

Bombus affinis Rusty-patched bumble bee Bombus penslyvanicus American bumble bee Brychius hungerfordi Hungerford’s crawling water beetle Calephelis muticum Swamp metalmark Catocala amestris Three-staff underwing Fitchiella robertsonii Robertson's flightless planthopper Flexamia huroni Huron River leafhopper Hesperia ottoe Ottoe skipper Neonympha mitchellii mitchellii Mitchell’s satyr Oarisma poweshiek Poweshiek skipperling Schinia indiana Phlox moth Schinia lucens Leadplant moth Somatochlora hineana Hine’s emerald dragonfly Stylurus plagiatus Russet-tipped clubtail Tachopteryx thoreyi Gray petaltail (2) The following insect species are included on the state list of threatened species:

Callophrys irus Frosted elfin Cordulegaster erronea Tiger spiketail Dryobius sexnotatus Six-banded longhorn beetle Erynnis persius persius Persius dusky wing Euphyes dukesi Dukes’ skipper Flexamia reflexa Leafhopper Lycaeides melissa samuelis Karner blue Macromia alleghaniensis Alleghany river cruiser Ophiogomphus howei Pygmy snaketail Papaipema sciata Culvers root borer Papaipema silphii Silphium borer moth Plebejus idas nabokovi Nabokov's blue Pyrgus wyandot Grizzled skipper Stylurus notatus Elusive clubtail Trimerotropis huroniana Lake Huron locust (3) The following insect species are thought to be extirpated in this state, but will be listed automatically as threatened if rediscovered in the state:

Chlosyne gorgone Gorgone checkerspot Nicrophorus americanus American burying beetle Polygonia gracilis Hoary comma Speyeria idalia Regal fritillary

History

• History: 1979 AC; 1987 AACS; 1991 AACS; 1998-2000 AACS; 2009 AACS; 2023 MR 6, Eff. March 20, 2023.

Mich. Admin. Code R 299.1023 Fishes {#sec-r-299.1023 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.1023}

Rule 3. (1) The following fish species are included on the state list of endangered species:

Chrosomus erythrogaster Southern redbelly dace Clinostomus elongatus Redside dace Coregonus zenithicus Shortjaw cisco Erimyzon oblongus Western creek chubsucker Hiodon tergisus Mooneye Notropis anogenus Pugnose shiner Notropis photogenis Silver shiner Noturus stigmosus Northern madtom Opsopoeodus emiliae Pugnose minnow Percina copelandi Channel darter Percina shumardi River darter Sander canadensis Sauger (2) The following fish species are included on the state list of threatened species:

Acipenser fulvescens Lake sturgeon Ammocrypta pellucida Eastern sand darter Coregonus artedi Cisco Coregonus bartlettii Siskiwit lake cisco Coregonus hubbsi Ives lake cisco Etheostoma spectabile Orangethroat darter Macrhybopsis storeriana Silver chub Moxostoma carinatum River redhorse Notropis dorsalis Bigmouth shiner Noturus miurus Brindled madtom (3) The following fish species are thought to be extirpated in this state, but will be listed automatically as threatened if rediscovered in the state:

Coregonus nigripinnis Blackfin cisco Coregonus reighardi Shortnose cisco Hybopsis amblops [Notropis amblops] Bigeye chub Notropis chalybaeus Ironcolor shiner Notropis texanus Weed shiner Polyodon spathula Paddlefish Thymallus arcticus Arctic grayling (4) The following fish species are thought to be extinct, but will be listed automatically as extirpated if rediscovered outside this state and listed automatically as threatened if rediscovered within this state:

Coregonus johannae Deepwater cisco Sander vitreus glaucus Blue pike

History

• History: 1979 AC; 1980 AACS; 1983 AACS; 1987 AACS; 1991 AACS; 1998-2000 AACS; 2009 AACS; 2023 MR 6, Eff. March 20, 2023.

Mich. Admin. Code R 299.1024 Amphibians {#sec-r-299.1024 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.1024}

Rule 4. (1) The following amphibian species are included on the state list of endangered species:

Ambystoma opacum Marbled salamander Ambystoma texanum Small-mouthed salamander or Smallmouth salamander Siren intermedia nettingi Western lesser siren (2) The following amphibian species is included on the state list of threatened species:

Acris crepitans blanchardii [Acris blanchardi] Blanchard’s cricket frog

History

• History: 1979 AC; 1983 AACS; 1987 AACS; 1991 AACS; 1998-2000 AACS; 2009 AACS; 2023 MR 6, Eff. March 20, 2023.

Mich. Admin. Code R 299.1025 Reptiles {#sec-r-299.1025 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.1025}

Rule 5. (1) The following reptile species are included on the state list of endangered species:

Clonophis kirtlandii Kirtland’s snake Nerodia erythrogaster neglecta Copper-bellied water snake or Copperbelly water snake (2) The following reptile species are included on the state list of threatened species:

Aspidoscelis sexlineatus [Aspidoscelis sexlineata] Six-lined racerunner Clemmys guttata Spotted turtle Glyptemys insculpta Wood turtle Pantherophis gloydi Eastern fox snake Sistrurus catenatus Eastern massasauga rattlesnake Terrapene carolina [Terrapene carolina carolina] Eastern box turtle

History

• History: 1979 AC; 1980 AACS; 1983 AACS; 1987 AACS; 1991 AACS; 1998-2000 AACS; 2009 AACS; 2023 MR 6, Eff. March 20, 2023.

Mich. Admin. Code R 299.1026 Birds {#sec-r-299.1026 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.1026}

Rule 6. (1) The following bird species are included on the state list of endangered species:

Asio flammeus Short-eared owl Asio otus Long-eared owl Centronyx henslowii [Ammodramus henslowii] Henslow’s sparrow Charadrius melodus Piping plover Lanius ludovicianus migrans Migrant loggerhead shrike Rallus elegans King rail Tyto alba Barn owl (2) The following bird species are included on the state list of threatened species:

Accipiter gentilis Northern goshawk Antrostomus vociferus Eastern whip-poor-will Bartramia longicauda Upland sandpiper Canachites canadensis Spruce grouse Chlidonias niger Black tern Coccothraustes vespertinus Evening grosbeak Corturnicops noveboracensis Yellow rail Falco peregrinus Peregrine falcon Gallinula galeata Common gallinule Gavia immer Common loon Hydroprogne caspia Caspian tern Ixobrychus exilis Least bittern Parkesia motacilla (Vieillot) Louisiana waterthrush Setophaga cerulea Cerulean warbler Setophaga kirtlandii Kirtland’s warbler Sterna forsteri Forster’s tern Sterna hirundo Common tern Vermivora chrysoptera Golden-winged warbler

History

• History: 1979 AC; 1980 AACS; 1983 AACS; 1987 AACS; 1991 AACS; 1998-2000 AACS; 2009 AACS; 2023 MR 6, Eff. March 20, 2023.

Mich. Admin. Code R 299.1027 Mammals {#sec-r-299.1027 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.1027}

Rule 7. (1) The following mammal species are included on the state list of endangered species:

Felis concolor Cougar Lynx canadensis Lynx Microtus ochrogaster Prairie vole Myotis sodalis Indiana bat (2) The following mammal species are included on the state list of threatened species:

Cryptotis parva Least shrew Myotis lucifugus Little brown bat Myotis septentrionalis Northern long-eared bat Nycticeius humeralis Evening bat Perimyotis subflavus Eastern pipistrelle or Tricolored bat

History

• History: 1979 AC; 1980 AACS; 1983 AACS; 1987 AACS; 1991 AACS; 1998-2000 AACS; 2002 AACS; 2009 AACS; 2023 MR 6, Eff. March 20, 2023.

Mich. Admin. Code R 299.1028 Plants {#sec-r-299.1028 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.1028}

Rule 8. (1) The following plant species are included on the state list of endangered species:

Agalinis gattingeri Gattinger’s gerardia Agalinis skinneriana Skinner’s gerardia Amerorchis rotundifolia [Orchis rotundifolia] Small round-leaved orchis Aristida tuberculosa Beach three-awned grass Arnica cordifolia [Arnica whitneyi] Heart-leaved arnica Arnica lonchophylla Longleaf arnica Asclepias ovalifolia Dwarf milkweed Asplenium ruta-muraria Wall-rue Asplenium scolopendrium var. americanum [Phyllitis scolopendrium var. americana]

Hart’s-tongue fern Baptisia leucophaea Cream wild indigo Besseya bullii Kitten-tails Botrychium mormo Goblin moonwort Bouteloua curtipendula Side-oats grama grass Caltha natans Floating marsh marigold Carex crus-corvi Raven’s-foot sedge Carex heleonastes Hudson Bay sedge Carex nigra Black sedge Carex platyphylla Broad-leaved sedge Carex straminea Straw sedge Carex tincta Sedge Castanea dentata American chestnut Chamaerhodos nuttallii var. keweenawensis [Chamaerhodos erecta]

Rock-rose Chelone obliqua Purple turtlehead Coreopsis palmata Prairie coreopsis Dennstaedtia punctilobula Hay-scented fern Dichanthelium polyanthes [Panicum polyanthes] Round-seed panic-grass Draba cana Ashy whitlow grass Draba glabella Smooth whitlow grass Draba incana Twisted whitlow grass Echinodorus tenellus [Echinodorus parvulus] Dwarf burhead Eleocharis atropurpurea Purple spike rush Eleocharis microcarpa Small-fruited spike-rush Eleocharis nitida Slender spike rush Eleocharis parvula Dwarf spike-rush Eleocharis radicans Spike rush Eryngium yuccifolium Rattlesnake-master or Button snakeroot Galium kamtschaticum Bedstraw Gentiana alba White gentian Gentiana puberulenta [Gentiana puberula] Downy gentian Glyceria acutiflora Manna grass Gymnocarpium jessoense Northern oak fern Hedysarum alpinum Alpine sainfoin Huperzia appressa Mountain fir moss Hypericum adpressum Creeping St. John’s-wort Hypericum sphaerocarpum Round-fruited St. John’swort Isoetes engelmannii Engelmann's quillwort Juncus stygius Moor rush Ludwigia sphaerocarpa Globe-fruited seedbox Lygodium palmatum Climbing fern Mikania scandens Mikania or Climbing hempweed Mimulus michiganensis [Mimulus glabratus var. michiganensis]

Michigan monkey flower Nuphar microphylla Small yellow pond lily Nymphaea leibergii [Nymphaea tetragona] Pygmy water lily Ophioglossum vulgatum [Ophioglossum pycnostichum] Southeastern adder’stongue Opuntia fragilis Fragile prickly pear Panicum philadelphicum Philadelphia panic-grass Penstemon gracilis Slender beard tongue Phlox ovata [Phlox latifolia] Wideflower phlox Plantago cordata Heart-leaved plantain Platanthera ciliaris [Habenaria ciliaris]

Orange- or yellow-fringed orchid Platanthera leucophaea [Habenaria leucophaea] Prairie white-fringed orchid Poa secunda Canbyi’s bluegrass Populus heterophylla Swamp cottonwood Primula meadia Shooting star Proserpinaca pectinata Mermaid-weed Rhynchospora nitens [Psilocarya nitens] Short-beak beak-rush Rhynchospora recognita [Rhynchospora globularis] Globe beak-rush Ruellia strepens Smooth ruellia Rumex occidentalis Western dock Sanguisorba canadensis Canadian burnet Schoenoplectus americanus [Scirpus olneyi] Three-square bulrush Scleria pauciflora Few-flowered nut rush Scutellaria nervosa Skullcap Silene virginica Fire pink Silphium laciniatum Compass plant Solidago bicolor White goldenrod Solidago vossii Voss's goldenrod Sporobolus clandestinus Dropseed Stellaria crassifolia Fleshy stitchwort Subularia aquatica Awlwort Tetraneuris herbacea Lakeside daisy Tipularia discolor Cranefly orchid Trillium undulatum Painted trillium Utricularia inflata [Utricularia radiata] Floating bladderwort Vaccinium vitis-idaea Mountain cranberry Valerianella chenopodiifolia Goosefoot corn salad Valerianella umbilicata Corn salad Viola pedatifida Prairie birdfoot violet Woodsia alpina Northern woodsia (2) The following plant species are included on the state list of threatened species:

Adlumia fungosa Climbing fumitory Agoseris glauca Prairie or pale agoseris Allium schoenoprasum [Allium schoenoprasum var. sibiricum]

Chives Aronia arbutifolia Red-fruited chokeberry Artemisia ludoviciana Western mugwort Artemisia serrata Sawtooth wormwood Asclepias hirtella Tall green milkweed Asclepias purpurascens Purple milkweed Asclepias sullivantii Sullivant’s milkweed Asplenium rhizophyllum [Camptosorus rhizophyllus] Walking fern Baptisia lactea White false indigo Bartonia paniculata Panicled screwstem Beckmannia syzigachne Slough grass Bistorta vivipara Alpine bistort Boechera dentata Rock cress Boechera missouriensis Missouri rock cress Botrychium campestre Prairie Moonwort Botrychium michiganese [Botrychium hesperium] Michigan moonwort or Western moonwort Botrychium spathulatum Spatulate moonwort Bromus pumpellianus Pumpelly’s bromegrass Calamagrostis stricta ssp. Stricta Narrow-leaved reedgrass Callitriche heterophylla Large water starwort Calypso bulbosa Calypso or fairy-slipper Camassia scilloides Wild hyacinth Canadanthus modestus Great northern aster Carex albolutescens Greenish-white sedge Carex assiniboinensis Assiniboia sedge Carex atratiformis Sedge Carex conjuncta Sedge Carex festucacea Fescue sedge Carex inops Sun sedge Carex lupuliformis False hop sedge Carex media Sedge Carex novae-angliae New England sedge Carex oligocarpa Eastern few-fruited sedge Carex rossii Ross's sedge Carex scirpoidea Bulrush sedge Carex seorsa Weak stellate sedge Carex typhina Cattail sedge Carex viridistellata Greenstar sedge Castilleja septentrionalis Pale Indian paintbrush Ceanothus sanguineus Wild lilac Cerastium brachypodum Shortstalk chickweed Cirsium pitcheri Pitcher's thistle Collinsia verna Blue-eyed-Mary Coptidium lapponicum Lapland buttercup Corydalis flavula Yellow fumewort Cryptogramma acrostichoides American rock-brake Cypripedium candidum White lady slipper Dalibarda repens False violet Dasistoma macrophylla Mullein-foxglove Dichanthelium leibergii [Panicum leibergii] Leiberg’s panic grass Draba reptans Creeping whitlow grass Dryopteris celsa Small log fern Eleocharis compressa Flattened spike rush Eleocharis tricostata Three-ribbed spike rush Empetrum nigrum Black crowberry Endodeca serpentaria Virginia snakeroot Erigeron hyssopifolius Hyssop-leaved fleabane Eriophorum russeolum Bog cotton Eupatorium sessilifolium Upland boneset Euphorbia commutata Tinted spurge Euphrasia hudsoniana Hudson Bay eyebright Euphrasia nemorosa [Euphrasia arctica] Common eyebright Eurybia furcata [Aster furcatus] Forked aster Eutrochium fistulosum Hollow-stemmed Joe-pye weed Filipendula rubra Queen-of-the-prairie Fraxinus profunda [Fraxinus tomentosa] Pumpkin ash Fuirena pumila Umbrella-grass Galearis spectabilis [Orchis spectabilis] Showy orchis Gentiana linearis Narrow-leaved gentian Gentianella quinquefolia Stiff gentian Geum triflorum Prairie smoke Geum virginianum Pale avens Glyceria melicaria Slender manna grass Gratiola aurea [Gratiola lutea] Hedge-hyssop Gratiola virginiana Annual hedge hyssop Gymnocarpium robertianum Limestone oak fern Helianthus mollis Downy sunflower Hieracium paniculatum Panicled hawkweed Houstonia caerulea Azure bluet Hydrastis canadensis Goldenseal Ipomoea pandurata Wild sweet potato or Manof-the-earth Iris lacustris Dwarf lake iris Isotria verticillata Whorled pogonia Juncus brachycarpus Short-fruited rush Juncus militaris Bayonet rush Juncus scirpoides Scirpus-like rush Juncus vaseyi Vasey’s rush Justicia americana Water willow Lactuca floridana Woodland lettuce Lechea minor Least pinweed Lechea pulchella Leggett's pinweed Linum virginianum Virginia flax Lonicera involucrata Black twinberry Luzula parviflora Small-flowered wood rush Lycopodiella margueritae [Lycopodiella appressa] Northern prostrate clubmoss Mertensia virginica Virginia bluebells Mimulus alatus Winged monkey flower Minuartia dawsonensis Rock sandwort Moehringia macrophylla [Arenaria macrophylla] Big-leaf sandwort Monarda clinopodia White bergamot Morus rubra Red mulberry Muhlenbergia richardsonis Mat muhly Myrica pensylvanica Northern bayberry Omalotheca sylvatica Woodland everlasting Oplopanax horridus Devil’s club Orobanche fasciculata Broomrape Osmorhiza depauperata [Osmorhiza obtusa] Sweet Cicely Packera indecora Northern ragwort Packera insulae-regalis Ragwort Panax quinquefolius Ginseng Panicum longifolium [Panicum rigidulum var. pubescens] Panic grass Panicum verrucosum Warty panic grass Parnassia palustris Marsh grass-of-parnassus Pellaea atropurpurea Purple cliff brake Penstemon calycosus Beard tongue Persicaria careyi Carey's smartweed Persicaria robustior Stout smartweed Petasites sagittatus [Petasites frigidus var. sagittatus] Sweet coltsfoot Phacelia franklinii Franklin’s phacelia Phlox maculata Wild sweet William Piptatheropsis canadensis Canada rice grass Platanthera macrophylla Large round-leaved orchid Poa alpina Alpine bluegrass Polemonium reptans Jacob’s ladder Potamogeton bicupulatus [Potamogeton capillaceus] Waterthread pondweed Potamogeton hillii Hill's pondweed Potamogeton pulcher Spotted pondweed Potamogeton vaseyi Vasey's pondweed Potentilla litoralis Prairie cinquefoil Potentilla supina Sand cinquefoil Prenanthes crepidinea Nodding rattlesnake-root Prosartes hookeri Fairy bells Prosartes trachycarpa [Disporum trachycarpum] Northern fairy bells Pterospora andromedea Pine-drops Pycnanthemum muticum Mountain mint Pycnanthemum pilosum Hairy mountain mint Ranunculus macounii Macoun's buttercup Ranunculus rhomboideus Prairie buttercup Rhexia mariana [Rhexia mariana var. mariana] Maryland meadow beauty Viola rotundifolia Round-leaved violet Wisteria frutescens Wisteria Wolffiella gladiata Florida mudmidget Woodsia obtusa Blunt-lobed woodsia Zizania aquatica Wild rice Zizia aptera Prairie golden alexanders Rubus acaulis [Rubus arcticus ssp. acaulis] Dwarf raspberry Ruellia humilis Hairy wild petunia Ruppia cirrhosa Widgeon grass Sabatia angularis Rosepink Sagina nodosa Pearlwort Sagittaria montevidensis [Sagittaria calycina, Lophotocarpus calycinus] Arrowhead Salix pellita Satiny willow Salix planifolia Tea-leaved willow Saxifraga paniculata Encrusted saxifrage Saxifraga tricuspidata Prickly saxifrage Schoenoplectiella hallii Hall’s bulrush Scleria reticularis Netted nut rush Scutellaria ovata Forest skullcap Scutellaria parvula Small skullcap Silene nivea Evening campion Silene stellata Starry campion Silphium integrifolium Rosinweed Silphium perfoliatum Cup plant Sisyrinchium atlanticum Atlantic blue-eyed-grass Sisyrinchium strictum Blue-eyed-grass Smallanthus uvedalia Yellow-flowered leafcup Solidago houghtonii Houghton's goldenrod Symphyotrichum drummondii Drummond’s aster Symphyotrichum sericeum Western silvery aster Tofieldia pusilla False asphodel Tradescantia virginiana Virginia spiderwort Trichostema brachiatum [Isanthus brachiatus] False pennyroyal Trichostema dichotomum Bastard pennyroyal Trillium nivale Snow trillium Trillium sessile Toadshade Triphora trianthophora Nodding pogonia or Three birds orchid Utricularia ochroleuca Northern bladderwort Utricularia subulata Bladderwort Vaccinium cespitosum Dwarf bilberry Vaccinium uliginosum Alpine blueberry Valeriana edulis var. ciliata [Valeriana ciliata] Edible valerian Viburnum edule Squashberry or Mooseberry Viola novae-angliae New England violet (3) This rule does not apply to cultivated plants.

(4) The following species of plants are thought to be extirpated in this state, but will be listed automatically as threatened if rediscovered in the state:

Agalinis auriculata Eared foxglove Androsace occidentalis Rock-jasmine Antennaria rosea Rosy pussytoes Braya humilis Low northern rock cress Buchnera americana Bluehearts Carex decomposita Log sedge Carex gravida Heavy sedge Carex haydenii Hayden’s sedge Carex praticola Meadow sedge Cerastium velutinum Field chickweed Chasmanthium latifolium Wild oats Commelina erecta Slender dayflower Cyperus acuminatus Cyperus, Nut grass Dalea purpurea [Petalostemon purpureum] Purple prairie clover Dichanthelium microcarpon Small-fruited panic grass Digitaria filiformis Slender finger grass Diphasiastrum alpinum [Lycopodium alpinum] Alpine clubmoss Echinacea purpurea Purple coneflower Eleocharis geniculata Slender spike-rush Equisetum telmateia Giant horsetail Erigeron acris Fleabane Fimbristylis puberula Chestnut sedge Gentiana saponaria Soapwort gentian Gillenia trifoliata Bowman’s root Halerpestes cymbalaria Seaside crowfoot Helianthus microcephalus Small wood sunflower Hibiscus laevis [Hibiscus militaris] Smooth rose-mallow Isotria medeoloides Smaller whorled pognia Lechea stricta Bushy pinweed Lemna valdiviana Pale duckweed Lespedeza procumbens Trailing bush clover Liatris punctata Dotted blazing star Liatris squarrosa Plains blazing star Lithospermum incisum Narrow-leaved puccoon Lithospermum molle Marbleweed Lysimachia hybrida Swamp candles Malus ioensis Prairie crab Muhlenbergia cuspidata Plains muhly Mulgedium pulchellum Blue lettuce Oxalis violacea Violet wood sorrel Paronychia fastigiata Low-forked chickweed Penstemon pallidus Pale beard-tongue Phaseolus polystachios Wild bean Phleum alpinum Mountain timothy Phlox bifida Cleft phlox Poa autumnalis Bluegrass Polygala incarnata Pink milkwort Polytaenia nuttallii Prairie parsley Prosartes maculata [Disporum maculatum] Nodding mandarin Pseudoroegneria spicata Bluebunch wheatgrass Ranunculus ambigens Spearwort Rudbeckia subtomentosa Sweet coneflower Sagittaria brevirostra Short-beaked arrowhead Scutellaria incana Skullcap Sisyrinchium fuscatum [Sisyrinchium farwellii] Farwell’s blue-eyed-grass Solidago missouriensis Missouri goldenrod Stenaria nigricans Hedyotis Tephroseris palustris [Senecio congestus] Marsh fleabane Tradescantia bracteata Long-bracted spiderwort Viola epipsila Northern marsh violet Woodwardia areolata Netted chain-fern

History

• History: 1979 AC; 1980 AACS; 1983 AACS; 1987 AACS; 1991 AACS; 1998-2000 AACS; 2009 AACS; 2023 MR 6, Eff. March 20, 2023.

Fisheries Division Fisheries Division

R 299.1051 to R 299.1052 Importation and Transportation of Fish and Eggs

Mich. Admin. Code R 299.1051 Importation, transportation, and sale of live fishes or viable eggs of the salmonidae family {#sec-r-299.1051 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.1051}

DEPARTMENT OF NATURAL RESOURCES

FISHERIES DIVISION

IMPORTATION AND TRANSPORTATION OF FISH AND EGGS

(By authority conferred on the director of the department of natural resources by sections 5 and 5a of Act No. 196 of the Public Acts of 1957, as amended, and by sections 9 and 353 of Act No. 380 of the Public Acts of 1965, being SS308.115, 308.115a, 16.109, and 16.353 of the Michigan Compiled Laws)

Rule 1. (1) No person shall import live fishes or viable eggs of the family of the salmonidae from without the state or transport or sell such fishes or viable eggs within the state, except under authority of a permit issued by the director of the department of natural resources, hereinafter referred to as the director.

(2) Applications for permits to import or transport live fishes or viable eggs of the family salmonidae shall be made on forms provided by the director and shall contain the following data and such other information as may be required for the purpose of controlling the spread of diseases of fishes, including, but not limited to, infectious pancreatic necrosis (IPN); viral hemorrhagic septicemia (egtved virus); and myxosoma cerebralis (whirling disease):

(a) species, (b) name and address of shipper, (c) name of carrier, (d) type of transportation, (e) name and address of hatchery where fishes or eggs were produced, (f) name of broker through whom shipment is made, if any, and (g) the approximate number or weight of fishes or eggs to be imported or transported.

(3) Importation permits will be issued only for fish stock or eggs, or both, from sources certified free of IPN, egtved, whirling disease, or other diseases of fishes which may threaten resident fish stocks. The certification shall be made by a person holding a degree from an accredited college in 1 of the sciences and specializing in diseases of fishes and whose name appears on a register to be established and maintained by the director. Certification shall be reviewed not less frequently than once every 6 months.

(4) Fish stocks of the family salmonidae held or in transport under authority of a game fish breeder's license shall be subject to inspection by designated representatives of the director. Such inspection may include removal of reasonable quantities of stock for biological samples.

(5) Permits to sell and transport fishes or eggs within the state shall be issued only for stocks certified to be free of diseases, including, but not limited to, IPN, egtved, and whirling disease. Permits to sell and transport fishes and eggs within the state shall be issued for a time period not to exceed 6 months.

(6) Commencing August 15, 1969, licensed game fish breeders shall have available for examination by the director or his designated representatives records of inventory of fish stocks as of August 15, 1969, and evidence of all purchases and sales of fishes and viable eggs made subsequent to August 15, 1969, except that the records need be maintained in any year for the current year and the 2 prior years only.

Information obtained from such records shall be confidential to the department of natural resources.

History

• History: 1979 AC.

Mich. Admin. Code R 299.1052 Importation of other species {#sec-r-299.1052 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.1052}

Rule 2. No fish or eggs of the species misgurnus anguillicaudatus (Japanese weatherfish), ctenopharyngodon idellus (grass carp), leuciscus idus (ide), scardinius erythrophthalamus (rudd), rhodeus sericeus (bitterling) or tinca tinca (tench) shall be imported into Michigan except by permit issued by the director.

History

• History: 1979 AC.

R 299.1061 to R 299.1061 Marketing of Imported Commercial and Game Fish

Mich. Admin. Code R 299.1061 Documents and records of wholesalers and retailers {#sec-r-299.1061 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.1061}

DEPARTMENT OF NATURAL RESOURCES

FISHERIES DIVISION

MARKETING OF IMPORTED COMMERCIAL AND GAME FISH

(By authority conferred on the director of the department of natural resources by section 14 of Act No. 84 of the Public Acts of 1929, as amended, and section 9 of Act No. 380 of the Public Acts of 1965, being SS308.14 and 16.109 of the Michigan Compiled Laws)

Rule 1. Imported commercial fish species and game fish, not processed outside the state and sold to the consumer in the same package as imported, when of a size, weight, or species not prohibited by the laws of the state or country where caught, may be possessed, transported, offered for sale and marketed as follows:

(a) A wholesale fish dealer who, directly or indirectly, imports the fish shall (i) retain for 30 days following importation a commercial invoice or bill of sale or, if imported from Canada, the customs entry or customs broker's statement, to include species of fish and formal entry number; (ii) keep a record including quantity and species of fish and name and address of every retailer to whom he sells or ships such fish; and (iii) make the invoices, customs documents, and records available for inspection by any conservation officer at any reasonable time.

(b) A retail fish dealer shall retain, until the fish are disposed of by sale or otherwise, a bill of sale or invoice, indicating quantity and species of fish and name and address of consignor for inspection by any conservation officer at any reasonable time.

History

• History: 1979 AC.

R 299.1071 to R 299.1079 Commercial Fishing

Mich. Admin. Code R 299.1071 Commercial fishing license; application; eligibility of applicant {#sec-r-299.1071 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.1071}

DEPARTMENT OF NATURAL RESOURCES

FISHERIES DIVISION

COMMERCIAL FISHING

(By authority conferred on the director and the commission of the department of natural resources by section 1b of Act No. 84 of the Public Acts of 1929, as amended, and sections 9 and 255 of Act No. 380 of the Public Acts of 1965, as amended, being SS308.1b, 16.109, and 16.355 of the Michigan Compiled Laws)

Rule 1. (1) An application for a commercial fishing license shall be made not less than 30 days before fishing operations are expected to commence.

(2) To be eligible for a license, an applicant shall have been issued a Michigan commercial fishing license for the immediately preceding year.

History

• History: 1979 AC.

Mich. Admin. Code R 299.1072 Areas closed to commercial fishing {#sec-r-299.1072 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.1072}

Rule 2. Except as provided in a license issued by the director or in a research permit issued by a representative of the director, it is unlawful to use gill nets, trap nets, pound nets, seines, and set hooks in the following described waters:

LAKE SUPERIOR

(a) Waters of depths less than 60 fathoms between the mouth of the Montreal river in seciton 10, T48N, R49W, Gogebic county, and the mouth of the Elm river in section 30, T54N, R36W, Houghton county.

(b) Waters south of a line from Traverse point in section 22, T55N, R31W, Houghton county, to Big Bay point in section 1, T51N, R27W, Marquette county.

(c) Waters within 4 1/2 miles of the shoreline of Isle Royale and surrounding islands.

(d) Waters of depths less than 60 fathoms between Au Sable point in section 2, T50N, R15W, Alger county, and Crisp point in section 1, T50N, R8W, Luce county, extending to the international boundary.

LAKE MICHIGAN

(e) Waters south and east of a line from Grand Traverse light station in section 6, T32N, R10W, Leelanau county, to village of Good Hart in section 25, T37N, R6W, Emmet county.

LAKE HURON

(f) Waters southwest of a line from Hammond Bay harbor light in section 25, T37N, R2E, to Forty Mile point light station in section 23, T36N, R4E, Presque Isle county.

(g) Waters west of a line from North point in section 6, T30N, R10E, to South point in section 26, T29N, R9E, Alpena county.

(h) Waters west of a line from Tawas point in section 34, T22N, R8E, Iosco county, to point Lookout in section 13, T19N, R7E, Arenac county.

History

• History: 1979 AC.

Mich. Admin. Code R 299.1073 Waters closed to the use of gill nets {#sec-r-299.1073 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.1073}

Rule 3. It is unlawful to use gill nets in the Les Cheneaux channels and certain waters of upper Lake Huron as provided in section 38 and 38a of Act No. 84 of the Public Acts of 1929, as amended.

History

• History: 1979 AC.

Mich. Admin. Code R 299.1074 Areas and depths for use of commercial fishing devices; size of meshes in gill nets {#sec-r-299.1074 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.1074}

Rule 4. (1) Including the statutory prohibitions of sections 2, 3, and 30a to 45 of Act No. 84 of the Public Acts of 1929, as amended, being SS308.2, 308.3, and 308.30a to 308.45 of the Michigan Compiled Laws; and by the provisions of section 1 of Act No. 179 of the Public Acts of 1935, section 1 of Act No. 180 of the Public Acts of 1931, as amended, and section 1 of Act No. 92 of the Public Acts of 1931, being SS308.141, 308.151, and 308.161 of the Michigan Compiled Laws, it is unlawful to use gill nets, trap nets, pound nets, seines, and set hooks, except in the manner, time, area, and depths hereinafter prescribed or as provided in a license issued by the director or in a research permit issued by a representative of the director.

LAKE SUPERIOR

(a) Gill nets with meshes 2 1/2 inches to 3 inches, stretch measure, may be used in depths greater than 60 fathoms if the lead lines of the gill nets are set on the bottom.

(b) Trap nets and pound nets may be used in depths less than 15 fathoms in Lake Superior January through October and during December.

LAKE MICHIGAN

(c) Trap nets and pound nets may be used in depths less than 15 fathoms in Lake Michigan January through October and during December, except trap nets and pound nets may be used only for taking smelt and alewife January through May in waters north of a line extending from the mouth of the Ford river in sections 21 and 22, T38N, R23W, to Peninsula point in section 24, T38N, R21W, Delta county.

(d) Gill nets with meshes 2 1/2 inches to 3 inches, stretch measure, may be used in depths greater than 40 fathoms north of a line extending due west from Grand Haven harbor; and in depths greater than 30 fathoms south of a line extending due west from Grand Haven harbor only at such times as to coincide with an open season on chubs established by the natural resources commission.

LAKE HURON

(e) Trap nets and pound nets maybe used in depths less than 15 fathoms January through October and during December in the waters of Lake Huron and connecting waters north of a line extending due east from Rogers City to the international boundary.

(f) Gill nets with meshes not less than 8 inches, stretch measure, may be used in waters of Saginaw bay south of a line from point Lookout in section 13, T19N, R7E, Arenac county, to Sand point in section 11, T17N, R9E, Huron county.

(g) Trap nets may be used from April 1 to May 31, and from September 15 to November 30 in an area north and east of Sand point within the following described boundaries: commencing at the monument on the westerly end of Sand point, thence easterly to the section line between section 7, T17N, R10E and Section 12, T17N, R9E; thence on a line due north for 2 miles; thence on a line due west to a point due north of the monument on Sand point; thence southerly to the point of beginning.

(h) Trap nets, seines, and set hooks may be used in waters of Saginaw bay south of a line from point Lookout in section 13, T19N, R7E, Arenac county, to Sand point in section 11, T17N, R9E, Huron county; and west of a line extending from Fish point, Tuscola county to the westerly point of Stony island, to the westerly point of North island; thence to the westerly end of Sand point in Huron county.

LAKE ERIE

(i) Trap nets, seines, and set hooks may be used in Lake Erie.

History

• History: 1979 AC.

Mich. Admin. Code R 299.1075 Closed seasons; disposition of fish taken during closed seasons; minimum perch size limit; violation {#sec-r-299.1075 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.1075}

Rule 5. (1) Sturgeon, pike-perch (yellow pickerel), blue pike, sauger, northern pike, splake, coho salmon, chinook salmon, and Atlantic salmon, when caught live in trap nets, pound nets, and gill nets, shall be returned to the waters immediately. Dead fish of the species named in this subrule, when caught in trap nets, pound nets, and gill nets, shall be dressed, iced, and disposed of in accordance with written disposal instructions issued by a conservation officer and a locked metal seal shall be affixed to each fish before arrival at dock or landing point.

(2) Lake trout and lake herring, when caught in gill nets authorized in Lake Superior, may be sold if a metal seal is affixed to each lake trout pursuant to subrule (1). Lake trout and lake herring, when caught live in trap nets, pound nets, and gill nets in Lakes Michigan and Huron, shall be returned to the water immediately, and a metal seal shall be affixed to dead lake trout and the trout disposed of pursuant to subrule (1).

(3) Chubs and lake herring may be taken only in Lake Superior.

(4) Perch, a minimum of 8 inches total length or 5 inches with heads and tails off, crappie, and rock bass may be taken only in those waters of Lake Huron described in R 299.1074(1)(f) and R 299.1074(1)(g) or as provided in a license issued by the director or in a research permit issued by the director's representative.

(5) The size limit on perch shall remain in effect for a period of 3 years after the date these rules become effective.

(6) A licensee may be permitted to retain as part of his catch up to 5% of the total landed weight of perch which are less than the minimum size limit specified in this rule.

(7) If a licensee is found with between 5% and 15% undersized perch, by weight, in his possession, the first violation shall result in a warning and subsequent violations may result in a proceeding to suspend or revoke his license.

(8) If a licensee is found with 15% or more undersized perch, by weight, in his possession, this may result in a proceeding to suspend or revoke his license.

History

• History: 1979 AC.

Mich. Admin. Code R 299.1076 Amount of fish to be taken {#sec-r-299.1076 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.1076}

Rule 6. (1) The director may fix the kind and amount of fish, herein referred to as quotas, which may be taken from Lakes Superior, Michigan, Huron, and Erie.

(2) The director shall give licensees 30 days advance notice in writing of the quotas which may be taken from Lakes Superior, Michigan, Huron, and Erie. Quotas may be set by area or specified in a license or research permit.

(3) A licensee shall report each day's catch, by kind and amount of fish specified in the quotas, on forms provided by the director. When required, the form shall be mailed to the director or his representative not later than 24 hours after each day's catch is taken.

(4) When the quotas fixed by the director have been caught and licensees so notified in writing, licensees shall not attempt to take any additional quantities of the kind of fish fixed in the quotas.

History

• History: 1979 AC.

Mich. Admin. Code R 299.1077 Areas licensees permitted to fish; limitations on gear {#sec-r-299.1077 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.1077}

Rule 7. (1) A licensee may fish only within a radius of 50 miles of the port specified in the license and all fish shall be landed at that port.

(2) A licensee shall conduct his commercial fishing operation only with the kind and amount of gear specified in his license or research permit.

History

• History: 1979 AC.

Mich. Admin. Code R 299.1078 Replacement of gill nets with trap and pound nets {#sec-r-299.1078 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.1078}

Rule 8. (1) Persons whose gill net fishing operations are prohibited or restricted by these rules and who intend to continue to fish commercially in the waters of this state may replace their gill nets with trap or pound nets. Any person who intends to replace his gill nets with trap or pound nets may continue to use his gill nets where otherwise prohibited by these rules only during 1974 by filing an appropriate application for replacement within the prescribed time designated by the director. Persons licensed to use gill nets in combination with trap or pound nets when these rules become effective may continue to use gill nets only during 1974 where otherwise prohibited by these rules. A person authorized to use gill nets only during 1974 where otherwise prohibited by these rules shall use gill nets only under the provisions of a permit or license issued by the director, the provisions of which shall be substantially the same as those contained in the person's 1974 commercial fishing license. This subrule does not apply to those persons presently licensed to use trap or pound nets only or gear other than gill nets.

(2) To be eligible to replace gill nets with trap or pound nets, a person shall:

(a) Have held a commercial fishing license in 1971, 1972, and 1973 to use gill nets in the waters of this state.

(b) File an application in accordance with instructions on a form provided by the director within 15 days after the effective date of these rules.

(3) Failure of a person to comply with subsection (b) of subrule (2) is evidence that the person no longer wishes to fish commercially and the director shall notify the person to cease and desist using gill nets where prohibited by these rules. The person may voluntarily terminate his license at that time or action will be taken to revoke the license if the person continues to use gill nets where prohibited by these rules.

(4) A person whose application has been properly filed shall be notified and shall request to have his commercial fishing license amended to authorize replacement of gill nets with trap or pound nets.

(5) A person whose license has been amended pursuant to subrule (4) shall provide progress reports on his gill net replacement to the director. Progress reports required by this subrule shall be submitted as follows:

(a) Within 30 days of the effective date of the license amendment, a person shall submit to the director or his representative evidence in the form of purchase orders for gear and materials or other satisfactory information that clearly demonstrates that he has commenced replacing his gill nets with trap or pound nets.

(b) Within 90 days of the effective date of the license amendment, a person shall submit to the director or his representative a progress report that clearly demonstrates his continued progress in replacing his gill nets with trap or pound nets.

(c) By December 31, 1974, all persons who have been authorized to replace gill nets with trap or pound nets shall submit to the director satisfactory evidence of having totally completed the replacement.

(6) A person failing to meet the requirements of subrule (5) shall show cause to the director why the requirements have not been met; and unless authorized by the director, the person shall not be subsequently licensed to fish commercially in the waters of this state.

(7) A person electing to replace his gill nets pursuant to this rule shall be licensed to use no more than 10 trap nets or 10 pound nets, or any combination thereof, so long as the total number of nets does not exceed 10 nets.

(8) If the director finds it necessary to protect the fisheries resources of this state and rules are promulgated as required by law, the use of gill nets as provided by these rules shall be prohibited or restricted.

History

• History: 1979 AC.

Mich. Admin. Code R 299.1079 Recission {#sec-r-299.1079 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.1079}

Rule 9. The following rules are rescinded:

(a) The rules entitled "Closed Seasons for Taking Whitefish, Yellow Perch, and Black Crappie," being R 299.741 and R 299.743 of the Michigan Administrative Code, and appearing on page 1444 of the 1960 Annual Supplement to the Code.

(b) The rule entitled "Illegal Possession and Disposition of Lake Trout and Splake in Lake Superior," being R 299.772 of the Michigan Administrative Code, and appearing on page 4163 of the 1967 Annual Supplement to the Code.

(c) The rule entitled "Illegal Possession and Disposition of Lake Trout and Splake in Lake Superior," being R 299.792 of the Michigan Administrative Code, and appearing on page 4163 of the 1967 Annual Supplement to the Code.

(d) The rule entitled "Nets: Use, Meshes," being R 299.802 of the Michigan Administrative Code, and appearing on page 3154 of the 1964-65 Annual Supplement to the Code.

(e) The rule entitled "Coho and Chinook Salmon," being R 299.814 of the Michigan Administrative Code, and appearing on page 4164 of the 1967 Annual Supplement to the Code.

(f) The rule entitled "Northern Pike," being R 299.818 of the Michigan Administrative Code, and appearing on page 3639 of the 1966 Annual Supplement to the Code.

(g) The rule entitled "Suspension of Statutory Provisions," being R 299.831 of the Michigan Administrative Code, and appearing on page 4165 of the 1967 Annual Supplement to the Code.

(h) The rules relating to gill nets, being R 299.841 to R 299.845 of the Michigan Administrative Code, and appearing on pages 4685 and 4686 of the 1968 Annual Supplement to the Code and page 5045 of the 1969 Annual Supplement to the Code.

(i) The rules entitled "Commercial Fishing Licenses and Zones," being R 299.881 to R 299.890 of the Michigan Administrative Code, and appearing on pages 10 to 14 of the Supplement No. 76 to the Code.

History

• History: 1979 AC.

Forest Resource Division Forest Resource Division

R 299.2601 to R 299.2612 Commercial Forests

Mich. Admin. Code R 299.2601 Application requirements for listing land; "act" defined {#sec-r-299.2601 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.2601}

DEPARTMENT OF NATURAL RESOURCES

FOREST RESOURCES DIVISION

COMMERCIAL FORESTS

(By authority conferred on the department of natural resources by part 511 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.51101 to 324.51120)

Rule 1. (1) An application for listing land must be on a form prescribed by the department. An application must be under oath, signed, dated, notarized, and postmarked no later than April 1 to be considered for listing in the following tax year. An application signed, dated, notarized, or postmarked after April 1 must be returned to the applicant.

(2) An application must be prepared for each county covering all land in that county for which listing is desired. The application fee required by section 51103 of the act, MCL 324.51103, must be calculated based on the total acreage applied for in each application.

(3) Land applied for must be considered for listing as it is currently and legally described by deed or land contract and on ad valorem assessment and tax rolls. If the applicant is a land contract vendee, or buyer, the land contract must state that the vendee owns all of the timber rights to all land under contract. The application must include a copy of the deed or land contract.

(4) An application must fully describe each tract and include all of the following information:

(a) County name.

(b) Political township.

(c) Town, range, section, and section subdivision.

(d) Property tax parcel number or numbers.

(e) A certified survey in accordance with section 1 of 1970 PA 132, MCL 54.211, if the department determines it is necessary to determine eligibility.

(f) Total acreage, including rights-of-way covered by easements. Total acreage must not include rights-of-way deeded to others or tracts owned by others.

(5) An application for listing must include a copy of the applicant’s forest management plan for the land applied for listing.

(6) If any interest in the title to land that the application for listing has been made is transferred between the application submission date and the subsequent December 31, the applicant shall notify the department in writing immediately at the time of the transfer of title. Land no longer owned by the applicant and other application parcels that become ineligible due to the transfer of title must be denied listing. If the land has already been approved for listing when notice of the transfer of title is received, the department shall deny the listing.

(7) As used in these rules, "act" means part 511 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.51101 to 324.51120.

History

• History: 1979 AC; 1987 AACS; 2014 AACS; 2023 MR 21, Eff. Nov. 6, 2023.

Mich. Admin. Code R 299.2602 Rescinded {#sec-r-299.2602 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.2602}

History

• History: 1979 AC; 1987 AACS.

Mich. Admin. Code R 299.2603 Listing certificate {#sec-r-299.2603 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.2603}

Rule 3. (1) Land approved for listing by the department must be on a listing certificate that will be sent to the applicant for signature. A listing certificate must be prepared for each county in which the applicant owns land approved for listing.

(2) The signed listing certificate must be promptly returned to the department by the applicant. The department may deny the listing if the department does not receive the signed listing certificate by the department’s specified due date. On receipt of the signed listing certificate, the department shall sign the certificate and, not later than December 31, send the signed listing certificate to the appropriate county register of deeds. A copy of the signed listing certificate must be sent to the applicant and the appropriate township assessor of land approved for listing.

(3) Land approved for listing must be removed from the ad valorem assessment and tax roll for the following tax year and must be placed on a commercial forest specific assessment and tax roll for taxation at the rate specified in section 51105 of the act, MCL 324.51105.

History

• History: 1979 AC; 1987 AACS; 2014 AACS; 2023 MR 21, Eff. Nov. 6, 2023.

Mich. Admin. Code R 299.2603a Return of portions of fees, taxes, and state payments to department of treasury for credit to state school aid fund; time {#sec-r-299.2603a omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.2603a}

Rule 3a. Those portions of revenues described in section 51109 of the act, MCL 324.51109, that must be returned to the state treasury to the credit of the state school aid fund, pursuant to sections 51106 and 51109 of the act, MCL 324.51106 and 324.51109, must be returned to the state treasury by the appropriate township or county treasurer as directed by the state treasury.

History

• History: 1987 AACS; 2014 AACS; 2023 MR 21, Eff. Nov. 6, 2023.

Mich. Admin. Code R 299.2604 Land; eligibility for listing {#sec-r-299.2604 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.2604}

Rule 4. (1) To be eligible for listing, land must meet the requirements for character and use prescribed in sections 51101, 51103, and 51113 of the act, MCL 324.51101, 324.51103 and 324.51113.

(2) A tract of less than 40 acres is not eligible for listing unless it is contiguous to land already listed by the same owner or being listed by the same owner. However, a tract of less than 40 contiguous acres may be eligible if it is a fractional survey description, or if its net area is less than 40 acres because of rights-of-way deeded to others, and if the department determines the tract is a reasonable and economic commercial forest management unit.

(3) Land within the boundaries of a city or village is not eligible for listing.

(4) Land zoned contrary to the intent of the act is not eligible for listing.

(5) Land exempted from ad valorem real property taxes and land receiving a property tax incentive from other programs are not eligible for listing.

(6) Leasing and exploration for minerals and wind energy production are permitted on land listed under the act. Land that is included on an application for listing that is subject to mineral or wind energy leases or upon which exploration is occurring may be considered for listing if otherwise eligible.

(7) Commercial extraction of oil and gas is permitted on land listed under the act.

Land that is included on an application for listing that is subject to oil and gas extraction may be considered for listing if otherwise eligible. All of the following pertain to owners extracting oil and gas:

(a) At least 30 days before removal, the owner shall submit to the department an application to remove oil and gas on a form prescribed by the department.

(b) Facilities, equipment, and structures directly related to and used solely for the extraction of oil and gas are permitted on land listed under the act.

(c) Refining of hydrocarbon liquids or underground natural gas storage or compression and any associated structures are not permitted on land listed under the act.

(8) If an owner owns both surface and mineral rights and the owner or his or her contractors undertake commercial mineral extraction other than oil and gas, the owner shall withdraw the affected land from listing before extraction.

(9) If surface and mineral rights are separately owned and the mineral owner or his or her contractors undertake commercial mineral extraction other than oil and gas, the surface owner shall withdraw the affected land from listing before extraction.

(10) The owner of listed land shall advise the department of any commercial mineral extraction operations or wind energy production and initiate withdrawal of the listed land affected before mineral extraction or wind energy production.

(11) If commercial metallic, nonmetallic, or other mineral extraction occurs, except oil and gas, the affected land to be withdrawn must include either of the following:

(a) All of each listed 40-acre description, fractional description, government lot, or its equivalent over, upon, within, or under which mining operations occur.

(b) The area over, upon, within, or under which mining operations occur, as delineated on a project map of the affected area. Mining operations, in addition to the extraction of minerals or ores, include the utilization of an area or tract of land for any of the following purposes:

(i) Pits.

(ii) Openings.

(iii) Shafts.

(iv) Processing facilities.

(v) Stockpiling areas.

(vi) Water and tailings basins.

(vii) Shipping facilities.

(12) If mineral extraction results in the retention of land under listing that by itself is ineligible for listing, other than the acreage requirement, the landowner shall also withdraw this ineligible land from listing.

(13) Extraction of sand and gravel is permitted on listed land pursuant to section 51113 of the act, MCL 324.51113. At least 30 days before removal, the owner shall submit to the department an application to remove sand and gravel on a form prescribed by the department. Sand and gravel applications must be approved for a period not to exceed 2 years. If removal is not completed within the approved time period, a new application must be submitted for the same description.

(14) The posting of a mineral exploration site or an oil and gas extraction site on listed land to prohibit public access on that site is permitted if necessary for public safety.

Posting must be restricted only to the area needed for efficient and safe operation of the exploratory or extraction site and must be limited to the time during which exploration or extraction occurs.

(15) Tree plantations, to be eligible for listing and if otherwise eligible, must have survived through the first 2 growing seasons after planting and, at the time of application, must carry sufficient forest growth of suitable character and distribution to ensure that a stand of merchantable timber will be developed within a reasonable time.

(16) Any 40-acre description, fractional description, or other description meeting the minimum acreage eligibility requirement specified in subrule (2) of this rule is not eligible for listing if it contains 25% or more non-stocked but productive land. This subrule applies to each description even though it may be contiguous to other descriptions already listed by the same owner or being listed by the same owner.

(17) Any 40-acre description, fractional description, or other description just meeting the minimum acreage eligibility requirement specified in subrule (2) of this rule is not eligible for listing if it contains 50% or more nonproductive land unless it is contiguous to, and is an integral part of, a larger managed forest already listed by the same owner or being listed by the same owner.

(18) Land managed for Christmas trees or for forest crops normally harvested at an age of 10 years or less is not eligible for listing.

(19) Applications from applicants whose commercial forest land is noncompliant or was declassified by the department must be denied.

History

• History: 1979 AC; 1987 AACS; 2014 AACS; 2023 MR 21, Eff. Nov. 6, 2023.

Mich. Admin. Code R 299.2605 Criteria to determine compliance with act {#sec-r-299.2605 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.2605}

Rule 5. Land listed as commercial forest must comply fully with the requirements of the act and all of the following provisions:

(a) The owner of forest land listed under the act shall manage that land consistent with the purposes expressed in sections 51101, 51103, and 51113 of the act, MCL 324.51101, 324.51103, and 324.51113, and according to the owner’s forest management plan.

(b) Except as provided in section 51113 of the act, MCL 324.51113, listed land must not be used or obligated for any commercial purpose other than production of forest products and must not be managed in a manner detrimental to the growth and development of those products.

(c) Noncommercial uses compatible with good forest management and full productivity of listed land are allowed.

(d) An easement may be granted across listed land if the effect on the productivity of the listed land is minimal. The owner shall submit a copy of the prospective easement across listed land to the department for review at least 30 days before entering into such an agreement.

(e) Buildings or improvements must not be allowed on listed land, except as specified in R 299.2604(7).

(f) An owner shall submit to the department, upon request, a description of public access to specific parcel descriptions of listed land for the purpose of hunting and fishing.

The description must be in a format that meets the recording requirements of the county register of deeds.

(g) Before entering into a conservation easement or making any other restrictive commitment on listed land, the owner shall submit a copy of the conservation easement or restrictive document to the department not less than 30 days before signing such an agreement. If these documents contain provisions contrary to the act or these rules, the owner shall either not enter into the agreement or withdraw the land pursuant to section 51108 of the act, MCL 324.51108.

History

• History: 1979 AC; 1987 AACS; 2014 AACS; 2023 MR 21, Eff. Nov. 6, 2023.

Mich. Admin. Code R 299.2605a Public use of listed land {#sec-r-299.2605a omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.2605a}

Rule 5a. (1) Listed land must be open to the public for foot access for hunting and fishing. Listed land must not be posted in any manner to restrict or infer restriction of entry for hunting and fishing, except as provided in R 299.2604(13) and subrule (4) of this rule. Any act by an owner of listed land that is intended to deny or inhibit access for public hunting and fishing, except as provided in R 299.2604(13) and subrule (4) of this rule, must preclude listing of the land or, if listed, may require withdrawal of the land from listing.

(2) Public use of listed land for any activity other than foot access for hunting or fishing requires owner permission. The owner of listed land shall not grant permission for activities that are not compliant with the act or rules. The owner of listed land may restrict, through posting, activities other than public hunting and fishing.

(3) Fences and gates do not disqualify land from listing if the owner allows public entry for hunting and fishing.

(4) The owner of listed land may restrict public access for hunting and fishing during active commercial logging periods within the affected area if both of the following conditions are met:

(a) The owner has notified the department pursuant to section 51111 of this act, MCL 324.51111, and R 299.2606.

(b) The activities comply with the owner’s forest management plan.

History

• History: 1987 AACS; 2014 AACS; 2023 MR 21, Eff. Nov. 6, 2023.

Mich. Admin. Code R 299.2605b Forest management plan {#sec-r-299.2605b omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.2605b}

Rule 5b. (1) Pursuant to sections 51101 and 51103, of the act, MCL 324.51101 and 324.51103, an owner shall maintain a current, written forest management plan in effect for all commercial forest land, submit a copy of the plan to the department to determine if it meets the minimum requirements established by the department, and actively manage the commercial forest land according to the plan. Not less than 30 days before the expiration of the owner’s forest management plan, the owner shall submit a copy of a new or updated forest management plan to the department to determine if it meets the minimum requirements established by the department.

(2) A forest management plan must meet the minimum requirements established by the department.

(3) The owner shall submit a copy of an amended or revised forest management plan to the department to determine if it meets the minimum requirements established by the department, 30 days before of any amendment or revision to a forest management plan.

(4) The certification required in section 51103 of the act, MCL 324.51103, for listing land must be on the commercial forest list application.

History

• History: 2014 AACS; 2023 MR 21, Eff. Nov. 6, 2023.

Mich. Admin. Code R 299.2606 Prior reporting; harvest of forest products {#sec-r-299.2606 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.2606}

Rule 6. (1) The owner of listed land shall report to the department an intent to harvest on a form prescribed by the department not less than 10 days before cutting, harvesting, or removing forest products from listed land.

(2) Cutting, harvesting, or removing forest products from listed land must be in accordance with the owner’s forest management plan and limited to descriptions and harvest practices identified on the report.

(3) Prior reporting is not required for noncommercial timber management operations where no merchantable forest products are cut, sold, given away, utilized, removed, or destroyed.

(4) The department shall approve a harvest report for a period not to exceed 2 years.

If harvesting operations, except transport of products, is not completed within the approved time period, an additional report must be submitted to the department for the same description.

(5) The owner shall notify the department of any changes to the harvest described on the approved report, including descriptions, harvest practices, or other terms on the report.

History

• History: 1979 AC; 1987 AACS; 2014 AACS; 2023 MR 21, Eff. Nov. 6, 2023.

Mich. Admin. Code R 299.2607 Rescinded {#sec-r-299.2607 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.2607}

History

• History: 1979 AC; 1987 AACS; 2014 AACS.

Mich. Admin. Code R 299.2608 Withdrawal of listed land {#sec-r-299.2608 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.2608}

Rule 8. (1) The owner shall complete and submit an application to the department for each county of listed land to be withdrawn on a form prescribed by the department. If the withdrawal will result in the retention of listed land that by itself is ineligible for listing, the department shall also require withdrawal of that ineligible land in addition to the land contained in the initial withdrawal application.

(2) The department shall send the applicant a withdrawal certificate indicating the withdrawal penalty computed in accordance with section 51108 of the act, MCL 324.51108, and instructions to make the penalty payment to the township treasurer.

(3) Upon receipt of the withdrawal certificate with certification by the township treasurer that the withdrawal penalty has been paid, the department shall approve the withdrawal as provided in section 51108 of the act, MCL 324.51108. The date the department receives the township treasurer certification is the effective date of the withdrawal.

(4) Withdrawn land is subject to the specific tax and not the ad valorem property tax in the tax year in which it is withdrawn.

(5) For a partial withdrawal of listed land, the department may require a certified survey in accordance with section 1 of 1970 PA 132, MCL 54.211, of the land to be withdrawn and the land that will remain listed, if deemed necessary.

(6) If the township has removed listed land from the specific tax roll and placed the land on the ad valorem tax roll in error, the department will administratively withdraw the land without application, application fee, or penalty.

History

• History: 1979 AC; 1987 AACS; 2014 AACS; 2023 MR 21, Eff. Nov. 6, 2023.

Mich. Admin. Code R 299.2609 New rates of fees or taxes {#sec-r-299.2609 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.2609}

Rule 9. (1) New rates of fees or taxes or changes in their distribution enacted into law shall become effective on the effective date of the amending act.

(2) New rates shall apply to the entire tax year during which the amending act becomes effective. However, if the amending act becomes effective after December 1, the new rates shall not become effective until the next tax year.

(3) If land is withdrawn from listing during a year that an amending act becomes effective and is withdrawn before the effective date of the amending act, then the old rates of withdrawal fees, annual specific tax, and state payment shall apply.

History

• History: 1979 AC; 1987 AACS.

Mich. Admin. Code R 299.2610 Transfer of title {#sec-r-299.2610 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.2610}

Rule 10. (1) Transfer of title does not alter the listing if land eligibility is unaffected, and the new owner demonstrates to the department within 90 days after the date of the deed or land contract that they are in compliance with the act. Compliance with the act must be demonstrated by either of the following:

(a) Submitting a copy of the new owner's active forest management plan to the department for the department’s determination of whether the plan meets the minimum requirements established by the department.

(b) Submitting to the department a copy of the new owner's contract with a forest management plan writer to complete the forest management plan.

(2) If listed land is purchased under a land contract, a copy of the land contract must be submitted by the vendee of the land contract to the department. If the terms of the land contract are not in compliance with the act or these rules, the land contract must be amended to comply with the act; the land contract vendee shall withdraw the land pursuant to section 51108 of the act, MCL 324.51108, and R 299.260; or the land contract vendor shall bring the land into compliance.

(3) A title transfer that creates a separately owned description that does not meet eligibility requirements requires withdrawal of that description from listing.

(4) If the state or other governmental agency is acquiring listed land by purchase, that land must be withdrawn from listing by the owner before the transfer of title is completed. If the title is transferred without prior withdrawal, the state or other governmental agency shall withdraw the land without fee or penalty.

(5) If listed land is being acquired by an entity whose land is exempted from ad valorem real property taxes pursuant to the provisions of the general property tax act, 1893 PA 206, MCL 211.1 to MCL 211.155, the acquiring entity shall not be required to withdraw the land if the land will remain on the commercial forest specific tax roll and the land is in compliance with all other requirements of the commercial forest program.

History

• History: 1979 AC; 1987 AACS; 2014 AACS; 2023 MR 21, Eff. Nov. 6, 2023.

Mich. Admin. Code R 299.2611 Trespass {#sec-r-299.2611 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.2611}

Rule 11. The department is not responsible for the protection of listed land against trespass upon forest products. If trespass upon forest products occurs, the owner shall notify the department in writing and bring the land into compliance with the act.

History

• History: 1979 AC; 1987 AACS; 2014 AACS.

Mich. Admin. Code R 299.2612 Rescinded {#sec-r-299.2612 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.2612}

History

• History: 1979 AC; 2014 AACS.

Executive Division Executive Division

R 299.3001 to R 299.3099 Departmental Organization and General Functions

Mich. Admin. Code R 299.3001 Department organization, structure {#sec-r-299.3001 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.3001}

DEPARTMENT OF NATURAL RESOURCES

DEPARTMENTAL ORGANIZATION AND METHODS OF OPERATION

(By authority conferred on the department of natural resources by sections 33 and 63 of 1969 PA 306, MCL 24.233 and 24.263, and part 501 of 1994 PA 451, MCL 324.501, and Executive Reorganization Order No. 2011-1, MCL 324.99921)

PART 1. NATURAL RESOURCES COMMISSION

Rule 1. The department of natural resources was created by Executive Order 2011-1, MCL 324.99921. The organizational structure is available at http://www.michigan.gov/dnr/inside dnr.

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 299.3002 Department methods of operation {#sec-r-299.3002 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.3002}

Rule 2. (1) The department of natural resources shall publish its methods of operation on its web site at www.michigan.gov/dnr.

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 299.3003 Rescinded {#sec-r-299.3003 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.3003}

History

• History: 1979 AC; 1989 AACS

Mich. Admin. Code R 299.3004 Rescinded {#sec-r-299.3004 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.3004}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 299.3005 Rescinded {#sec-r-299.3005 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.3005}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 299.3006 Rescinded {#sec-r-299.3006 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.3006}

History

• History: 1979 AC; 1989 AACS

Mich. Admin. Code R 299.3006a Rescinded {#sec-r-299.3006a omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.3006a}

R 299.3007--R 299.3039 Rescinded.

History

• History: 1979 AC; 2013 AACS.
• History: 1979 AC; 1989 AACS

Mich. Admin. Code R 299.3041 Rescinded {#sec-r-299.3041 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.3041}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 299.3042 Rescinded {#sec-r-299.3042 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.3042}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 299.3043 Rescinded {#sec-r-299.3043 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.3043}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 299.3044 Rescinded {#sec-r-299.3044 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.3044}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 299.3046 Rescinded {#sec-r-299.3046 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.3046}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 299.3047 Rescinded {#sec-r-299.3047 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.3047}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 299.3048 Rescinded {#sec-r-299.3048 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.3048}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 299.3049 Rescinded {#sec-r-299.3049 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.3049}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 299.3050 Rescinded {#sec-r-299.3050 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.3050}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 299.3051 Rescinded {#sec-r-299.3051 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.3051}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 299.3052 Rescinded {#sec-r-299.3052 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.3052}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 299.3053 Rescinded {#sec-r-299.3053 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.3053}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 299.3054 Rescinded {#sec-r-299.3054 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.3054}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 299.3055 Rescinded {#sec-r-299.3055 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.3055}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 299.3056 Rescinded {#sec-r-299.3056 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.3056}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 299.3057 Rescinded {#sec-r-299.3057 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.3057}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 299.3058 Rescinded {#sec-r-299.3058 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.3058}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 299.3059 Rescinded {#sec-r-299.3059 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.3059}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 299.3060 Rescinded {#sec-r-299.3060 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.3060}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 299.3061 Rescinded {#sec-r-299.3061 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.3061}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 299.3071 Rescinded {#sec-r-299.3071 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.3071}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 299.3072 Rescinded {#sec-r-299.3072 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.3072}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 299.3073 Rescinded {#sec-r-299.3073 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.3073}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 299.3074 Rescinded {#sec-r-299.3074 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.3074}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 299.3075 Rescinded {#sec-r-299.3075 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.3075}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 299.3076 Rescinded {#sec-r-299.3076 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.3076}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 299.3077 Rescinded {#sec-r-299.3077 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.3077}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 299.3078 Rescinded {#sec-r-299.3078 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.3078}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 299.3079 Rescinded {#sec-r-299.3079 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.3079}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 299.3080 Rescinded {#sec-r-299.3080 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.3080}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 299.3081 Rescinded {#sec-r-299.3081 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.3081}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 299.3091 Rescinded {#sec-r-299.3091 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.3091}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 299.3092 Rescinded {#sec-r-299.3092 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.3092}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 299.3093 Rescinded {#sec-r-299.3093 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.3093}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 299.3094 Rescinded {#sec-r-299.3094 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.3094}

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 299.3095 Request for declaratory ruling; procedure; notice; availability to public {#sec-r-299.3095 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.3095}

Rule 95. (1) A request for a declaratory ruling by the department as to the applicability to a state of facts of a statute, rule, or order administered or issued by the department shall be submitted in writing to the director. The request shall contain all of the following information:

(a) The scope and purpose of the request.

(b) The statute, rule, or order administered by the department to which the request applies.

(c) Signature and mailing address of the requestor.

(2) Within 30 days after receipt of a correctly filed request, the department shall notify the requestor by certified mail whether a declaratory ruling will be issued and, if it is to be issued, the nature and details thereof.

(3) Each request for a declaratory ruling regarding the same or different statute, rule, or order shall be submitted separately.

(4) The department shall provide notice of a declaratory ruling upon written request.

(5) If a request is denied, the department shall issue a concise written statement of its principal reasons for denial which shall be sent by certified mail to the requestor.

(6) The department shall make a declaratory ruling available to the public upon written request.

History

• History: 1979 AC; 2013 AACS.

Mich. Admin. Code R 299.3099 Rescinded {#sec-r-299.3099 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.3099}

History

• History: 1979 AC; 2013 AACS.

Minerals Management Section Minerals Management Section

R 299.4001 to R 299.4007 Metallic Minerals Leased on State Lands

Mich. Admin. Code R 299.4001 Definitions {#sec-r-299.4001 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.4001}

DEPARTMENT OF NATURAL RESOURCES

OFFICE OF MINERALS MANAGEMENT

LEASING STATE-OWNED METALLIC MINERAL RIGHTS

(By authority conferred on the department of natural resources by sections 502 and 504 of 1994 PA 451, MCL 324.502 and MCL 324.504)

Rule 1. As used in these rules:

(a) "Auction lease" means a lease issued as the result of competitive bidding at public auction.

(b) "Bonus" means a payment by the lessee to the lessor at the time of the auction or direct lease as part of the consideration for acquisition of a metallic minerals lease.

(c) "Department" means the Michigan department of natural resources.

(d) "Direct metallic minerals lease" means a lease issued as the result of individual negotiations with the department.

(e) "Land" means any property in which the state owns any metallic mineral rights.

(f) "Lessee" means the working interest owner of a lease as shown in the records of the department as the person or entity responsible for the lease.

(g) "Lessor" means the director of the Michigan department of natural resources, or the director’s designee, for the state of Michigan.

(h) "Metallic minerals" means all metallic minerals, metallic mineral products, ores, and concentrates as defined in the metallic minerals lease document approved by the department.

(i) "Metallic minerals development lease" means a lease that allows the use of state lands for metallic mineral exploration, mining, and production.

(j) "Nonleasable lands" means lands that will not be leased for metallic mineral exploration, mining, or production.

(k) "Performance bond" means a surety bond, irrevocable letter of credit, certificate of deposit, or cash to guarantee that the lessee and the lessee's heirs, executors, administrators, successors, and assigns shall faithfully perform the covenants, conditions, and agreements specified in the lease and the laws and rules of the state of Michigan.

(l) "Qualified party" means an individual of the age of majority or a co-partnership, corporation, or other legal entity qualified to do business in the state of Michigan.

Editor's Note: An obvious error in R 299.4001 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2018 MR 4. The memorandum requesting the correction was published in Michigan Register, 2018 MR 5.

History

• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 299.4002 Lease applications; notice of land location and classification; manner of leasing approved lands {#sec-r-299.4002 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.4002}

Rule 2. (1) Any qualified party may submit applications identifying state lands desired for metallic mineral leasing. The department may also identify and nominate lands for leasing.

(2) Applications for state lands desired to be offered for leasing must be in writing on a form designated by the department and must be submitted to the department at the address listed on the form.

(3) The minimum application fee must accompany the written application and must be in accordance with the fee schedule approved by the lessor.

(4) After receipt of properly submitted lease applications, the department shall conduct a field review to determine the appropriate classification recommendations. For lease auctions, the department shall publish a notice describing the general location of the lands recommended for leasing, the recommended classification, and the date, time, and place of public auction in a newspaper, as defined in section 1461 of the revised judicature act of 1961, MCL 600.1461, not less than 30 days before the auction. This notice must be published at least once in a newspaper published in the county where the lands are situated. If a newspaper is not published in the county where the lands are situated, the notice must be published in a newspaper published in a county adjoining the county in which the lands are located.

(5) The lessor shall offer lands approved by it for leasing at public auction or may enter into leases under R 299.4005.

History

• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 299.4003 Notice of direct lease request; list of lands offered for leasing at public auction or by direct lease {#sec-r-299.4003 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.4003}

Rule 3. (1) A notice of direct lease request must be published by the lease applicant at least once in a newspaper, as defined in section 1461 of the revised judicature act of 1961, MCL 600.1461, not less than 30 days before the lessor takes final action on the lease request. The newspaper must be published in the county where the lands are situated. If a newspaper is not published in the county where the lands are situated, the notice must be published in a newspaper published in a county adjoining the county in which the lands are located. A notice must describe the general location of lands recommended for lease and recommended lease classification.

(2) Any party may request from the department the form of lease to be used and a list of lands being offered for leasing at public auction or considered for direct lease. The list must include all of the following information pertaining to leasing by auction:

(a) The date, time, and place of lease auction.

(b) The conditions of auction.

History

• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 299.4004 Offer at public auction; procedure {#sec-r-299.4004 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.4004}

Rule 4. (1) Metallic mineral lease rights in state lands may be offered at public auction.

(2) The lessor shall stipulate the terms and conditions under which lands may be offered for lease auction.

(3) Any qualified party may make a bid on metallic mineral rights offered for lease.

(4) The full amount of the bonus must be paid or arrangements which are satisfactory to the lessor must be made for the payment of the bonus on the same date on which the lease rights are bid. Bidders may establish credit with the department through prior leasing activity or by filing 3 references acceptable to the department, 1 of which shall be a bank, in which case total payment may be made by personal or company check. Bidders who do not have an established credit rating with the department shall pay not less than 1/2 of the total bonus bid in cash or by certified check or money order. All remittances must be made payable to: "State of Michigan."

(5) Failure of the successful bidder to pay the total bid at the time of auction or make arrangements satisfactory to the lessor for payment thereof at the time of the auction shall result in the forfeiture of the bonus and the lease rights to the lands involved.

(6) The lessor reserves the right to reject any bid or stop the auction of any offered lease rights at any time for good and sufficient reasons.

(7) Lands for which no bids are received must not be offered at lease auction unless applied for again. The lessor, in its discretion, may include the unbid land in a future lease auction.

(8) Available land on which bids were not accepted or where the successful bidder defaults must be offered at the following lease auction unless withdrawn from auction for any stated reason, or leased under R 299.4005.

Editor's Note: An obvious error in R 299.4001 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2018 MR 4. The memorandum requesting the correction was published in Michigan Register, 2018 MR 5.

History

• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 299.4005 Direct metallic minerals leases {#sec-r-299.4005 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.4005}

Rule 5. The lessor may enter into direct metallic minerals leases.

History

• History: 1984 AACS.

Mich. Admin. Code R 299.4006 Awarding of leases {#sec-r-299.4006 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.4006}

Rule 6. (1) Lessor approval is required before any lease may be issued. Approval may be withheld for good and sufficient reasons.

(2) The department may group lease rights for which issuance of leases has been approved into 1 or more leases, depending on the location of the lease rights and any special lease conditions.

(3) Before a lease is executed for any state lands, the successful bidder or proposed direct lessee shall file a performance bond acceptable to the lessor, unless waived by the lessor. The amount of performance bond, maximum acreage covered, and when and how the bond may be drawn upon must be specified by the lessor.

(4) The department shall provide 1 lease instrument to the proposed lessee for signature. Unless otherwise agreed to in writing by the lessor, the proposed lessee shall return all leases, properly executed, with proper performance bond and payment, within 30 days from the date the department sent the leases.

(5) If the proposed lessee is unable to return the lease forms, payment, and performance bond within the time specified, the lessor may, upon request of the lessee, authorize additional time if the lessor determines that the delay is not the fault of the proposed lessee. Failure of the proposed lessee to comply within time limits authorized must result in forfeiture of the entire amount paid. Lands on which lease rights have been forfeited must be offered for leasing at the earliest possible date, unless withdrawn for any stated reason by the lessor or unless leased under R 299.4005.

(6) The department shall return the original of the fully executed lease to the lessee and retain a copy.

(7) Without the written consent of the department, no operations on any leased lands will be conducted until a fully executed lease has been received by the lessee.

(8) All leases are subject to all present and future applicable federal and state laws and rules.

(9) The lessor may require any lease applicant or the successful bidder or assignee under any lease to submit the following information:

(a) If an individual, proof of attainment of legal age.

(b) If a co-partnership, a copy of the “Certificate of Co-partnership” or “Certificate of Persons Conducting Business Under Assumed Name” approved by the county clerk in the county where the leased lands are located.

(c) If a corporation or other legal entity, copies of the documents showing qualifications to do business in the state of Michigan.

Editor's Note: An obvious error in R 299.4001 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2018 MR 4. The memorandum requesting the correction was published in Michigan Register, 2018 MR 5.

History

• History: 1984 AACS; 2018 AACS.

Mich. Admin. Code R 299.4007 Leases; form; lessor to determine terms; issuance in name of successful bidder required; responsibility for compliance with terms of lease {#sec-r-299.4007 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.4007}

Rule 7. (1) A lease must be on a form prescribed by the lessor.

(2) The lessor shall determine the royalty and rental rates, primary lease term, and other lease terms.

(3) A lease on land offered at public auction must be issued in the name of the successful bidder or bidders at the time of auction or the party or parties designated by them at the time of auction.

(4) The lessee is responsible for compliance with all terms and conditions of the lease.

History

• History: 1984 AACS; 2018 AACS.

R 299.4021 to R 299.4027 Nonmetallic Minerals Leased on State Lands

Mich. Admin. Code R 299.4021 Definitions {#sec-r-299.4021 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.4021}

DEPARTMENT OF NATURAL RESOURCES

OFFICE OF MINERALS MANAGEMENT

LEASING STATE-OWNED NONMETALLIC MINERAL RIGHTS

((By authority conferred on the department of natural resources by sections 502 and 504 of 1994 PA 451, MCL 324.502 and 324.504)

Rule 1. As used in these rules:

(a) "Auction lease" means a lease issued as the result of competitive bidding at public auction that grants the lessee the exclusive right to pursue exploration, mining, or production of the leased nonmetallic mineral rights.

(b) "Bonus" means a payment by the proposed lessee to the department at the time of leasing as part of the consideration for acquisition of a nonmetallic minerals lease.

(c) "Department" means the Michigan department of natural resources.

(d) “Development lease” means an auction lease or a direct lease that allows nonmetallic minerals exploration, mining, or production on the surface of the leased land in compliance with the department’s standard nonmetallic minerals lease terms.

(e) "Direct lease" means a lease issued as the result of individual negotiations with the department that grants the lessee the exclusive right to pursue exploration, mining, or production of the leased nonmetallic mineral rights.

(f) “Director” means the director of the Michigan department of natural resources or the director’s designee.

(g) “Hold action list” means a list generated by the department containing persons and entities not in compliance with lease terms or lease rules.

(h) "Land" means any property in which the state owns any nonmetallic mineral rights.

(i) "Development with restrictions lease" means an auction lease or a direct lease that allows nonmetallic minerals exploration, mining, or production on the surface of the leased land in compliance with the department’s standard nonmetallic minerals lease terms and subject to special lease restrictions.

(j) "Lessee" means the person or entity that is responsible for all covenants, express or implied, in the lease regardless of any partial interest assignments.

(k) “Nondevelopment lease” means an auction lease or a direct lease that does not allow nonmetallic minerals exploration, mining, or production on the surface of the leased land without separate authorization from the department.

(l) "Nonleasable lands" means lands that will not be leased for nonmetallic minerals exploration, mining, or production.

(m) "Nonmetallic minerals" or "nonmetallic mineral products” include any of the following:

(i) Andalusite.

(ii) Anhydrite.

(iii) Asbestos.

(iv) Barite.

(v) Celestite.

(vi) Clay.

(vii) Coal.

(viii) Feldspar.

(ix) Garnet.

(x) Gem stones, excluding diamonds.

(xi) Graphite.

(xii) Gypsum.

(xiii) Kyanite.

(xiv) Limestone or dolomite.

(xv) Marl.

(xvi) Mica.

(xvii) Natural salines, including iodine, bromine, calcium, and magnesium compounds.

(xviii) Potash salts.

(xix) Salt.

(xx) Sand and gravel, both construction and industrial.

(xxi) Sandstone.

(xxii) Shale.

(xxiii) Sillimanite.

(xxiv) Slate.

(xxv) Miscellaneous stone, both crushed and dimension.

(xxvi) Sulphur.

(xxvii) Talc.

(n) "Performance bond" means a surety bond, irrevocable letter of credit, certificate of deposit, or cash to guarantee that the lessee and the lessee's heirs, executors, administrators, successors, and assigns shall faithfully perform the covenants, conditions, and agreements specified in the lease and the laws and rules of this state.

(o) "Qualified party" means an individual of the age of majority or a copartnership, corporation, or other legal entity qualified to do business in this state.

History

• History: 1987 AACS; 2019 AACS.

Mich. Admin. Code R 299.4022 Lease applications; classifications for leasing; manner of leasing approved lands {#sec-r-299.4022 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.4022}

Rule 2. (1) Any party may submit applications identifying state lands requested for nonmetallic minerals leasing. The department may also identify and nominate lands available for nonmetallic minerals leasing.

(2) Applications for state lands requested for leasing shall be in writing on a form designated by the department and shall be submitted to the department at the address listed on the form. An application fee shall accompany the application and shall be in accordance with the fee schedule approved by the department.

(3) The department shall do both of the following:

(a) Identify all available lands requested for leasing and (b) Recommend to the director classifications for leasing as development, nondevelopment, nonleasable, or development with restrictions.

(4) The department may offer lands approved by the director for leasing at public auction, open oral or sealed bid, or may enter direct leases under R 299.4025.

History

• History: 1987 AACS; 2019 AACS.

Mich. Admin. Code R 299.4023 Notice; list of lands offered for leasing {#sec-r-299.4023 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.4023}

Rule 3. (1) For a lease auction, the department shall publish a public notice of the lease auction. The public notice shall be published at least once in a newspaper, as defined in section 1461 of the revised judicature act of 1961, 1961 PA 236, MCL 600.1461, in the county where the lands are situated not less than 30 days before the lease auction; describe the general location of lands to be offered for lease; and provide the date, time, and place of the lease auction. If a newspaper is not published in the county where the lands are situated, the department shall publish the public notice of the lease auction in a newspaper that publishes in a county adjoining the county where the lands are situated. If no newspaper publishes in the adjoining county, the department shall publish the public notice of the lease auction electronically.

(2) For a direct lease request, the applicant shall publish a public notice of the direct lease request. The public notice shall be published at least once in a newspaper, as defined in section 1461 of the revised judicature act of 1961, 1961 PA 236, MCL 600.1461, in the county where the lands are situated not less than 30 days before the decision is made for the direct lease request and describe the general location of lands to be offered for lease. If a newspaper is not published in the county where the lands are situated, the applicant shall publish the public notice of the direct lease request in a newspaper that publishes in a county adjoining the county where the lands are situated. If no newspaper publishes in the adjoining county, the applicant shall publish the public notice of the direct lease request electronically.

(3) Any party may request from the department the form of lease to be used and a list of lands where nonmetallic mineral rights are being offered for leasing at public auction or considered for direct lease. If a lease auction, the list shall include all the following information:

(a) The date, time, and place of lease auction.

(b) The conditions of lease auction.

History

• History: 1987 AACS; 2019 AACS.

Mich. Admin. Code R 299.4024 Offer at public lease auction; procedure {#sec-r-299.4024 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.4024}

Rule 4. (1) Nonmetallic mineral lease rights may be offered at public lease auction.

(2) The director shall stipulate the terms and conditions under which the nonmetallic mineral lease rights may be offered for lease auction.

(3) Any qualified party may make a bid on any nonmetallic mineral rights offered for lease unless the bidding party has an outstanding balance owed to the department or is on the hold action list.

(4) For open oral lease auctions, the full amount of the bonus and the first year’s rental or the minimum royalty, as applicable, shall be paid to the department on the same day when the lease rights are bid. For sealed bid lease auctions, successful bidders shall pay the full amount of the bonus and the first year’s rental or the minimum royalty, as applicable, within 10 business days from the date the department notifies the successful bidder. Bidders who have an established credit rating with the department through prior leasing activity, or units of government, may pay the total amount due by cash, certified check, personal check, or company check. Bidders may also establish a credit rating with the department by filing 3 acceptable credit references with the department, 1 of which shall be from a bank. Bidders who do not have an established credit rating with the department shall pay the entire amount due by cash or certified check.

(5) Failure of the successful bidder to pay the total bonus and the first year’s rental or the minimum royalty, as applicable, by the close of open oral lease auctions or within 10 business days from the date the successful bidder is notified by the department for sealed bid lease auctions may result in the forfeiture of the lease rights to the lands involved and may result in the bidder being placed on the hold action list. Placement on the hold action list may bar the bidder from any further leases, assignments, easements, extensions, or other discretionary approvals requested of the department. Lands on which lease rights have been forfeited may be offered to the back-up bidder at the department’s sole discretion.

(6) The department may reject any bid or stop the auction of any offered lease rights at any time in the department’s sole discretion.

History

• History: 1987 AACS.; 2019 AACS.

Mich. Admin. Code R 299.4025 Direct nonmetallic minerals leases {#sec-r-299.4025 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.4025}

Rule 5. The department may enter direct nonmetallic mineral leases.

History

• History: 1987 AACS; 2019 AACS.

Mich. Admin. Code R 299.4026 Awarding of leases {#sec-r-299.4026 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.4026}

Rule 6. (1) Department approval is required before any lease is issued.

(2) The department may group approved lease rights into 1 or more leases, depending on the location of the lease rights and any special lease conditions.

(3) Before a lease shall be executed for any approved lease rights, the successful bidder shall file with the department a performance bond acceptable to the department. The department shall specify the amount of performance bond, maximum acreage covered, and when and how the bond may be drawn upon.

(4) The department shall provide the original lease instrument to the proposed lessee for signature. Unless otherwise agreed to in writing by the department, the proposed lessee shall return the properly executed lease instrument and, for direct leases, the bonus and rental due or the minimum royalty, as applicable, within 30 calendar days from the date the department sent the lease instrument.

(5) If the proposed lessee is unable to return the lease instrument and amount due within the time specified, the department may, upon request of the proposed lessee, authorize additional time if the department determines the delay is not the fault of the proposed lessee. Failure of the proposed lessee to comply within time limits authorized shall result in forfeiture of the entire bonus and first year’s rental or the minimum royalty, as applicable. Lands on which lease rights are forfeited may be offered to the back-up bidder at the department’s sole discretion.

(6) The department shall return the properly executed lease instrument to the lessee and retain a copy of the lease instrument.

(7) The lessee shall not conduct operations on any leased lands until the lessee receives both of the following:

(a) A fully executed lease.

(b) All necessary separate written permissions required by the department or any other local, state, or federal government agency.

(8) All leases are subject to all federal, state, and local laws.

(9) The department may require any proposed lessee, bidder, or proposed assignee for a nonmetallic minerals lease to submit all the following information to verify that the proposed lessee, bidder, or proposed assignee is qualified to conduct business in this state:

(a) If an individual, proof of attainment of legal age.

(b) If a copartnership, a copy of the “Certificate of Copartnership” or “Certificate of Persons Conducting Business Under Assumed Name” approved by the county clerk in the county where the leased lands are located.

(c) If a corporation or other legal entity, documentation demonstrating the entity's qualifications to conduct business in this state.

(d) If a sole proprietor doing business under an assumed name, copy of the “Certificate of Persons Conducting Business Under Assumed Name” approved by the county clerk in the county where the leased lands are located.

History

• History: 1987 AACS; 2019 AACS.

Mich. Admin. Code R 299.4027 Lease form; department to determine terms; issuance in name of proposed lessee; responsibility for compliance with terms of lease {#sec-r-299.4027 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.4027}

Rule 7. (1) A lease shall be on a form prescribed by the director.

(2) The department shall determine the royalty and rental rates, minimum bonus, primary lease term, and other lease terms.

(3) A lease for nonmetallic mineral rights shall be issued in the name of the proposed lessee designated at the time of the public lease auction or listed on the direct lease application.

(4) The lessee and the department are responsible for compliance with all terms and conditions of the lease.

History

• History: 1987 AACS; 2019 AACS.

R 299.4051 to R 299.4055 Underground Gas Storage Leases on State Lands

Mich. Admin. Code R 299.4051 Definitions {#sec-r-299.4051 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.4051}

DEPARTMENT OF NATURAL RESOURCES

OFFICE OF MINERALS MANAGEMENT

LEASING STATE-OWNED UNDERGROUND GAS STORAGE RIGHTS

(By authority conferred on the department of natural resources by sections 502 and 504 of 1994 PA 451, MCL 324.502 and MCL 324.504)

Rule 1. As used in these rules:

(a) "Bonus payment" means a payment by the lessee to the lessor at the time of leasing as part of the consideration for acquisition of a gas storage lease.

(b) "Department" means the Michigan department of natural resources.

(c) "Development lease" means a lease that allows the use of the surface of state lands for gas storage activities.

(d) "Development plan" means a gas storage field plan that includes proposed locations for surface equipment, well locations, pipelines, and roads.

(e) "Gas" (natural gas) means a naturally occurring mixture of hydrocarbon and nonhydrocarbon gases found in subsurface reservoirs, often in association with petroleum.

(f) "Land" means any property description in which the state owns any gas storage rights.

(g) "Lease" means a direct underground gas storage lease issued as the result of individual negotiations with the department.

(h) "Lessee" means the person or entity that has the exclusive right under lease to store natural gas as shown in the records of the department.

(i) "Lessor" means the director of the Michigan department of natural resources, or the director’s designee, for the state of Michigan.

(j) "Nondevelopment lease" means a lease that does not allow any use of the land surface for gas storage activities without separate authorization from the department.

(k) "Nonleasable lands" means lands that will not be leased for gas storage purposes.

(l) "Performance bond” means a surety bond, irrevocable letter of credit, certificate of deposit, or cash to guarantee that the lessee and the lessee’s heirs, executors, administrators, successors, and assigns shall faithfully perform the covenants, conditions, and agreements specified in the lease and in the laws and administrative rules of the state of Michigan.

(m) "Qualified party" means an individual who is not less than the age of majority or a, co-partnership, corporation, or other legal entity that is qualified to do business in the state of Michigan.

History

• History: 1990 AACS; 2018 AACS.

Mich. Admin. Code R 299.4052 Lease applications; notice of location and classification of lands {#sec-r-299.4052 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.4052}

Rule 2. (1) Any qualified party may submit applications identifying lands desired for gas storage leasing.

(2) Applications for leasing lands must be in writing on a form designated by the department and must be submitted to the department at the address listed on the form.

Applications must include a development plan.

(3) An application fee must accompany the written application and must be in accordance with the fee schedule approved by the department.

(4) The department shall identify all available lands requested for leasing and the recommended lease classifications of development, nondevelopment, or nonleasable.

The lease applicant shall publish a notice describing the general location of the lands requested for leasing and the recommended classification in a newspaper, as defined in section 1461 of the revised judicature act of 1961, MCL 600.1461, not less than 30 days before the department takes final action on the lease request. This notice must be published at least once in a newspaper in the county where the lands are situated. If a newspaper is not published in the county where the lands are situated, the notice must be published in a newspaper in a county adjoining the county in which the lands are located.

History

• History: 1990 AACS; 2018 AACS.

Mich. Admin. Code R 299.4053 Direct lease; terms and conditions of lease; request by qualified party; payment of bonus payment {#sec-r-299.4053 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.4053}

Rule 3. (1) The department may enter direct leases.

(2) The department shall stipulate the terms and conditions under which lands may be leased.

(3) Any qualified party may request a lease.

(4) The proposed lessee shall pay the full amount of the bonus payment upon receipt of a billing invoice from the lessor.

History

• History: 1990 AACS; 2018 AACS.

Mich. Admin. Code R 299.4054 Department approval of lease; lessee performance bond; signing and return of lease copies; effect of federal and state laws and rules on lease; required information {#sec-r-299.4054 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.4054}

Rule 4. (1) Department approval is required before any lease is granted. The department reserves the right to deny all lease requests and shall state the reasons for denial.

(2) Any lease issued must include all state-owned surface descriptions within the development plan as approved by the department.

(3) Before a lease is executed, the proposed lessee shall file a performance bond acceptable to the lessor. The department shall specify the amount of the performance bond, the maximum acreage covered, and when and how the bond may be drawn upon.

(4) The department shall provide 1 copy of each lease instrument to the proposed lessee for signature. Unless otherwise agreed to in writing by the lessor, the proposed lessee shall return the lease instrument(s), properly executed, with a proper performance bond and payment, within 30 days from the date the lease instrument was sent by the department.

(5) If the proposed lessee is unable to return the lease forms, payment, and performance bond within the time specified, the lessor may, upon request of the proposed lessee, authorize additional time if the lessor determines that the delay is not the fault of the proposed lessee. Failure of the proposed lessee to comply within time limits authorized must result in forfeiture of the entire bonus payment.

(6) The department shall return the original of the fully executed lease to the lessee and retain a copy.

(7) Operations on any state-owned land must not begin until a fully executed lease has been received by the lessee.

(8) All leases are subject to all applicable federal and state laws and administrative rules. Administrative rules promulgated after the approval of a lease shall not operate to affect the primary term of the lease, the rental rate, or the acreage included in the lease, unless agreed to by both parties.

(9) The department may require a lease applicant to submit the following information, as applicable:

(a) If an individual, proof of attainment of legal age.

(b) If a co-partnership, a copy of the “Certificate of Co-partnership” or “Certificate of Persons Conducting Business Under Assumed Name” approved by the county clerk in the county where the leased lands are located.

(c) If a corporation or other legal entity, documentation that demonstrates a corporation's or legal entity’s qualifications to do business in the state of Michigan.

History

• History: 1990 AACS; 2018 AACS.

Mich. Admin. Code R 299.4055 Lease terms and conditions {#sec-r-299.4055 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.4055}

Rule 5. (1) Lease terms and conditions must be on a lease form prescribed by the department.

(2) A lease for gas storage on any lands must not preclude other leases for oil, gas, or metallic and nonmetallic minerals where such joint operations might prove feasible.

(3) The lessee and the lessor are separately responsible for compliance with their respective obligations pursuant to the terms and conditions of the lease.

History

• History: 1990 AACS; 2018 AACS.

R 299.8101 to R 299.8107 Leasing State-Owned Oil and Gas Rights

Mich. Admin. Code R 299.8101 Definitions {#sec-r-299.8101 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.8101}

DEPARTMENT OF NATURAL RESOURCES

MINERALS MANAGEMENT SECTION

LEASING STATE-OWNED OIL AND GAS RIGHTS

(By authority conferred on the department of natural resources by sections 502 and 504 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.502 and 324.504)

Rule 101. As used in these rules:

(a) "Auction lease" means a lease issued as the result of competitive bidding at public auction.

(b) "Bonus bid" means a payment by the buyer to the lessor at the time of sale as part of the consideration for acquisition of an oil and gas lease.

(c) "Department" means the Michigan department of natural resources.

(d) "Development lease" means a lease that allows the use of the surface of state lands for oil and gas exploration, development, and production.

(e) "Direct lease" means a lease issued as the result of individual negotiations with the department.

(f) "Gas" means a mixture of hydrocarbons and varying quantities of nonhydrocarbons in a gaseous state which may or may not be associated with oil, including those liquids resulting from condensation, including, but not limited to, natural gas and casinghead gas.

(g) "Land" means any property description in which the state owns any oil and gas rights.

(h) "Lessee" means the working interest owner or owners of a lease as shown in the records of the department.

(i) "Lessor" means the department.

(j) "Nondevelopment lease" means a lease that does not allow any use of the land surface, including the surface of submerged bottom lands, for oil and gas exploration, development, and production.

(k) "Nonleasable lands" means lands that will not be leased for oil and gas exploration, development, and production.

(l) "Oil" means natural crude oil or petroleum and other hydrocarbons, regardless of gravity, that are produced at the well in liquid form by ordinary production methods and that are not the result of condensation of gas after it leaves the underground reservoir, including, but not limited to, oil, casinghead gasoline, drip gasoline, and natural gasoline extracted from natural gas.

(m) "Performance bond" means a surety to guarantee that the lessee and the lessee's heirs, executors, administrators, successors, and assigns shall faithfully perform the covenants, conditions, and agreements specified in the lease and the laws and rules of the state of Michigan.

(n) "Qualified party" means an individual of the age of majority or a partnership, corporation, or other legal entity qualified to do business in the state of Michigan.

(o) "Sale unit" means the land description or descriptions as numbered on the lease sale notice.

History

• History: 1981 AACS; 2020 MR 24, Eff. Dec. 28, 2020.

Mich. Admin. Code R 299.8102 Lease sale applications; notice of location and classification of lands {#sec-r-299.8102 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.8102}

Rule 102. (1) Any party may submit applications identifying state lands desired for oil and gas leasing. The department may also identify lands for leasing.

(2) Applications for state lands desired to be offered for leasing must be in writing and must be submitted to the Department of Natural Resources, P.O. Box 30451, Lansing, Michigan 48909-7951, or such other address as applicable. Applications may be general or specific in nature. General applications must specify the area by county, township, and range. Specific applications must include all of the following information:

(a) The specific land description, including private claims and submerged lands.

(b) County.

(c) Section.

(d) Township.

(e) Range.

(f) For platted subdivisions, the lot and block numbers, subdivision name, and county.

(3) The minimum application fee must accompany the written application and must be in accordance with the fee schedule approved by the department.

(4) The department shall identify all available lands nominated for leasing and shall recommend classifications for leasing as development, non-development, or nonleasable.

A public notice describing the general location of the lands requested for leasing must be published in a newspaper, as defined in section 1461 of the revised judicature act of 1961, 1961 PA 236, MCL 600.1461, not less than 10 days before the director of the department takes final action on the recommended land classifications. This notice must be published at least once in a newspaper published in the county where the lands are situated. If a newspaper is not published in the county where the lands are situated, the notice must be published in a newspaper published in a county adjoining the county where the lands are located.

(5) The department shall offer lands approved for leasing at public auction or may enter into leases under R 299.8105.

History

• History: 1981 AACS; 2020 MR 24, Eff. Dec. 28, 2020.

Mich. Admin. Code R 299.8103 Sale by public auction; notice; list of lands offered for leasing {#sec-r-299.8103 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.8103}

Rule 103. (1) A notice of lease sales must be published at least once in a newspaper, as defined in section 1461 of the revised judicature act of 1961, 1961 PA 236, MCL 600.1461, not less than 10 days before the sale. The newspaper must be published in the county where the lands are situated. If a newspaper is not published in the county where the lands are situated, the notice must be published in a newspaper published in a county adjoining the county where the lands are located. A notice must describe the general location of the land to be offered for lease and the date, time, and place of sale.

(2) Any party may request from the department a list of lands being offered for leasing at public auction. The lease sale list must include all of the following information:

(a) The date, time, and place of sale.

(b) Descriptions of lands being offered.

(c) The conditions of sale.

History

• History: 1981 AACS; 2020 MR 24, Eff. Dec. 28, 2020.

Mich. Admin. Code R 299.8104 Offer at public auction; procedure {#sec-r-299.8104 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.8104}

Rule 104. (1) Oil and gas lease rights in state lands may be offered at competitive public auction (lease sale).

(2) The department shall stipulate the terms and conditions under which lands may be offered for lease sale.

(3) Any qualified party may make a bid on sale units offered for lease.

(4) The full amount of the bonus bid must be paid as directed by the department.

(5) Failure of the successful bidder to pay the total bid shall result in the forfeiture of the bonus bid and the lease rights to the sale unit or units involved.

(6) The department reserves the right to reject any bid and may, in its discretion, stop the sale of any sale unit at any time and for any stated reason.

(7) Lands in sale units for which no bids are received must not be offered at lease sale unless applied for again. The department, in its discretion, may include the unbid land in a future sale or sales.

History

• History: 1981 AACS; 2020 MR 24, Eff. Dec. 28, 2020.

Mich. Admin. Code R 299.8105 Direct leases {#sec-r-299.8105 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.8105}

Rule 105. (1) The department may enter into direct leases for lands needed to complete a drilling unit. Qualified parties shall submit written application as described in R 299.8102(2) and shall submit proof that they own or control lease rights to the majority of the land in the proposed drilling unit.

(2) The department may also enter into direct leases for lands offered but not leased at public auction if the lands have been offered at 2 previous lease sales within a 1-year period without receiving the required number of bidders. Qualified parties shall submit written application as described in R 299.8102(2).

(3) Direct leases entered into under subrules (1) and (2) of this rule normally require payment of a bonus, rental rate, and rate of royalty at least equal to those under which other lease rights in the proposed unit were acquired, but must not be less than the minimum rates established for leases on lands offered at public auction.

(4) This rule and R 299.8104 notwithstanding, when the department determines that state land not under lease is being drained, the department may enter into a direct lease on those lands being drained.

History

• History: 1981 AACS; 2020 MR 24, Eff. Dec. 28, 2020.

Mich. Admin. Code R 299.8106 Awarding of leases {#sec-r-299.8106 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.8106}

Rule 106. (1) Department approval is required before any lease may be issued. The department reserves the right to reject any and all bids with reasons stated.

(2) The department may group descriptions for which issuance of leases has been approved into 1 or more leases, depending on the location of the descriptions and any special lease conditions.

(3) Before a lease is executed for any state lands, the successful bidder shall file a performance bond acceptable to the lessor, unless waived by the department. The amount of performance bond, maximum acreage covered, and when and how the bond may be drawn upon shall be specified by the department.

(4) The lessee shall return all copies, properly executed, with proper performance bond, within 15 days from the date of receipt shown on the receipt form of the post office department.

(5) If the lessee is unable to return the lease forms and performance bond within the time specified, the lessor may, upon request of the lessee, authorize additional time if the lessor determines that the delay is not the fault of lessee. Failure of the lessee to comply within time limits authorized shall result in forfeiture of the entire bid paid.

Lands on which lease rights have been forfeited must be offered for leasing at the earliest possible date, unless withdrawn for any stated reason by the department or unless leased under R 299.8105.

(6) The original copy of the properly executed lease must be returned to the lessee and a duplicate copy must be retained by the lessor.

(7) No operations on any leased land shall begin until a fully executed lease has been received by the lessee.

(8) All leases are subject to all present and future applicable federal and state laws and rules.

(9) The department may require any lease applicant or the successful bidder on any sale unit or assignee under any lease to submit the following information:

(a) If an individual, proof of attainment of the age of majority.

(b) If a copartnership, a certified copy of the registration or a sworn statement signed by 1 partner setting forth the names and addresses of all partners and the articles of partnership.

(c) If a corporation or other legal entity, copies of the incorporation papers showing qualifications to do business in the state of Michigan.

History

• History: 1981 AACS; 2020 MR 24, Eff. Dec. 28, 2020.

Mich. Admin. Code R 299.8107 Leases; forms; determination of terms; preclusion of certain other leases prohibited; issuance in name of party other than successful bidder prohibited; responsibility for compliance with terms and conditions {#sec-r-299.8107 omnilex-key=us-mi-regs-official--dept-natural-resources--R 299.8107}

Rule 107. (1) A lease must be on a form prescribed by the department.

(2) The department shall determine the royalty and rental rates, minimum bonus, primary lease term, and other lease terms.

(3) A lease for oil and gas on any lands does not preclude other leases for metallic or nonmetallic minerals where such joint operations might prove feasible.

(4) The lessee shall comply with all terms and conditions of the lease.

History

• History: 1981 AACS; 2020 MR 24, Eff. Dec. 28, 2020.

Law Enforcement Division Law Enforcement Division

R 317.101.1 to R 317.182.12 Local Hunting and Firearms Controls

Mich. Admin. Code R 317.101.1 Greenbush township, portion of sections 31 and 32; hunting restricted {#sec-r-317.101.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.101.1}

DEPARTMENT OF NATURAL RESOURCES

LAW ENFORCEMENT DIVISION

LOCAL HUNTING AND FIREARMS CONTROLS

(By authority conferred on the department of natural resources by section 41901 of 1994 PA 451, MCL 324.41901)

Regulation No. 101, Alcona county.

Rule 1. Hunting with, or the discharge of, a rifle is unlawful within the following described area of Greenbush township, Alcona county: Beginning at a point where VanEttan Lake road intersects with Kings Corner road; thence north 1/2 mile to the east/west 1/4 mile line of section 31, T25N, R9E; thence east on the 1/4 mile line for 3/4 of a mile to the 1/8 line of section 32, T25N, R9E; thence south on the 1/8 line of section 32, T25N, R9E to Kings Corner road; thence west on Kings Corner road to the point of beginning.

Regulation No. 106, Arenac county.

History

• History: 1981 AACS.

Mich. Admin. Code R 317.106.1 Sims township, portion; hunting restricted {#sec-r-317.106.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.106.1}

Rule 1. Hunting with, or the discharge of, a rifle is unlawful within the following described area in Sims township, Arenac county, except at a target range recognized and approved by the township board: Beginning at a point where the north line of Sims township intersects with the Lake Huron shoreline, T19N, R7E; thence west on the township line to the centerline of U.S. 23; thence southwesterly on U.S. 23 to Tonkey road; thence south on Tonkey road as extended to the Lake Huron shoreline; thence northeasterly along the Lake Huron shoreline to the point of beginning.

Regulation No. 108, Barry county.

History

• History: 1979 AC.

Mich. Admin. Code R 317.108.1 Barry township, portion; hunting prohibited {#sec-r-317.108.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.108.1}

Rule 1. Hunting with, or the discharge of, a firearm is unlawful on the Delton W.

K. Kellogg school property located in sections 5 and 6, T1N, R9W, Barry township, Barry county.

History

• History: 1979 AC.

Mich. Admin. Code R 317.108.2 Prairieville township; Shelp lake, hunting prohibited {#sec-r-317.108.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.108.2}

Rule 2. Hunting with, or the discharge of, a firearm is unlawful on or over the waters of Shelp lake, located in section 4, T1N, R10W, Prairieville township, Barry county.

Regulation No. 111, Berrien county.

History

• History: 1980 AACS.

Mich. Admin. Code R 317.111.1 Niles township, parts of southeast portion {#sec-r-317.111.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.111.1}

Rule 1. Hunting for any wild animal or wild bird with a firearm, pellet or BB gun, or bow and arrow, or the discharge of a firearm, pellet or BB gun or bow and arrow is prohibited in that part of Niles township, Berrien county, in town 8 south, range 17 west, except the east 1/2 of section 12, the east 1/2 of section 13, the northeast 1/4 of section 24 and those parts of sections 15 and 22 east of the St. Joseph river.

History

• History: 1979 AC.

Mich. Admin. Code R 317.111.2 Bertrand township, portion of waters of St. Joseph river hunting prohibited {#sec-r-317.111.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.111.2}

Rule 2. Hunting with, or the discharge of, a firearm is unlawful on or over the waters of that portion of the St. Joseph river fronting the West River subdivision beginning at the highway bridge on U.S. highway 12 located in section 3, T7S, R17W, then south for a distance of 2000 feet.

Regulation No. 120, Crawford county.

History

• History: 1983 AACS.

Mich. Admin. Code R 317.120.1 Grayling township, military reservation {#sec-r-317.120.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.120.1}

Rule 1. (1) A person may not hunt for any wild animal or wild bird with a firearm or bow and arrow or discharge a firearm or bow and arrow on those parcels of land located in T26N, R4W, Grayling township, Crawford county, and within the Camp Grayling military reservation and described as follows:

(a) The northwest 1/4 of the southeast 1/4 of section 22.

(b) The northeast 1/4 of the southwest 1/4 of section 22.

(c) The north 1/2 of the northeast 1/4 of section 28.

(d) The northeast 1/4 of section 33.

(e) The southwest 1/4 of the northwest 1/4 of section 34.

(2) This rule shall not apply to law enforcement officers or military personnel discharging firearms while in the performance of their official duties.

History

• History: 1979 AC.

Mich. Admin. Code R 317.120.2 Frederic township, portion of section 25; hunting prohibited {#sec-r-317.120.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.120.2}

Rule 2. Hunting with or the discharge of a firearm is unlawful in the southeast 1/4 and the east 1/2 of the southwest 1/4 of section 25, T27N, R4W, of Frederic township, Crawford county.

History

• History: 1979 AC.

Mich. Admin. Code R 317.120.3 Lovells township, sections 18, 19, and portions of sections 13 and 24; hunting with, or the discharge of, rifles prohibited {#sec-r-317.120.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.120.3}

Rule 3. Hunting with, or the discharge of, a rifle is unlawful within the following described areas in Lovells township, Crawford county: All of sections 18 and 19, T28N, R1W, and those portions of sections 13 and 24, T28N, R2W, located east of Twin Bridges road.

Regulation No. 123, Eaton county.

History

• History: 1979 AC.

Mich. Admin. Code R 317.123.1 Delta township; portion; hunting with firearm other than a shotgun prohibited {#sec-r-317.123.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.123.1}

Rule 1. Hunting with, or the discharge of, a firearm other than a shotgun loaded with shot not larger than no. 2 is unlawful in that portion of Delta township, Eaton county, located east of interstate highway 96 (I-96), except section 11, T4N, R3W, which is bounded on the north by Willow highway, on the south by Saginaw highway, on the east by Elmwood road, and on the west by Creyts road; those areas of sections 21, 22, 27, and 28 bounded on the north by St. Joseph highway, on the south by Millett highway, on the east by Creyts road, and on the west by I-96; and at target ranges recognized and approved by the township board.

History

• History: 1979 AC; 1982 AACS.

Mich. Admin. Code R 317.123.2 Delta township, Waverly school district sites; hunting prohibited {#sec-r-317.123.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.123.2}

Rule 2. Hunting with, or the discharge of, any firearm is unlawful within 150 yards of properties belonging to and under the control of the Waverly school district, Delta township, Eaton county, described as: the Administration building site located in the SW 1/4 of section 25, T4N, R3W; the Campus and Colt sites located in sections 13 and 14, T4N, R3W; the Elmwood site located in section 11, T4N, R3W; and the Bretton Woods site located in section 12, T4N, R3W.

History

• History: 1979 AC.

Mich. Admin. Code R 317.123.3 Delta township; section 11; hunting prohibited {#sec-r-317.123.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.123.3}

Rule 3. Hunting with, or the discharge of, a firearm is unlawful in all of section 11, T4N, R3W, bounded on the north by Willow highway, on the south by Saginaw highway, on the east by Elmwood road, and on the west by Creyts road, Delta township, Eaton county.

History

• History: 1982 AACS.

Mich. Admin. Code R 317.123.4 Delta township; portion; hunting with a rifle prohibited {#sec-r-317.123.4 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.123.4}

Rule 4. Hunting with, or the discharge of, a rifle is unlawful in that portion of Delta township, Eaton county, described as follows: Beginning at a point where St.

Joseph highway intersects with I-96; thence east on St. Joseph highway to Creyts road; thence south on Creyts road to Millett highway; thence west on Millett highway to I- 96; thence north on I-96 to the point of beginning.

Regulation No. 124, Emmet county.

History

• History: 1982 AACS.

Mich. Admin. Code R 317.124.1 Bear Creek township; portion; hunting prohibited {#sec-r-317.124.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.124.1}

Rule 1. Hunting with, or the discharge of, a rifle is unlawful in those parts of sections 3, 4, and 5, T34N, R5W, and sections 22, 27, 32, 33, 34, and 35, T35N, R5W, Bear Creek township, Emmet county, described as follows: Beginning at a point where the east city limits of the city of Petoskey intersects with Mitchell road; thence east on Mitchell road to Alcan road; thence north on Alcan road to Country Club road; thence east on Country Club road to Kolinski road; thence north on Kolinski road to Pickerel Lake road; thence west on Pickerel Lake road to U.S. highway 31; thence northeasterly on U.S. highway 31 to Shaw road; thence north on Shaw road, as extended across Round lake to Powell road; thence west on Powell road, as extended to the shore of Little Traverse bay; thence south and westerly along the shore of Little Traverse bay to the east city limits of the city of Petoskey; thence south on the east city limits of the city of Petoskey to the point of beginning, except at a target range recognized and approved by the township board.

Regulation No. 125, Genesee county.

History

• History: 1979 AC.

Mich. Admin. Code R 317.125.1 Fenton township {#sec-r-317.125.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.125.1}

Rule 1. Hunting for any wild animal or wild bird with a firearm, or the discharge of a firearm, is prohibited in a part of Fenton township described as that part of section 2 lying south of North Long Lake road and Wiggins road, all of section 11, that part of section 12 lying south of North Long Lake road and west of Fenton road, that part of section 13 lying west of Fenton road, all of section 14, that part of section 15 lying east of Torrey road, the north 1/2 of section 23 except the northwest 1/4 of the northwest 1/4, and that part of the north 1/2 of section 24 lying west of Fenton road, town 5 north, range 6 east, Fenton township, Genessee county.

History

• History: 1979 AC.

Mich. Admin. Code R 317.125.2 Fenton township, Byram lake and shoreline {#sec-r-317.125.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.125.2}

Rule 2. Hunting for migratory waterfowl with a firearm or the possession of a firearm for the purposes of hunting migratory waterfowl on the waters of Byram lake in Fenton township, Genessee county, or within 300 feet from the shore thereof is prohibited.

History

• History: 1979 AC.

Mich. Admin. Code R 317.125.3 Mt. Morris township, east and southeast parts {#sec-r-317.125.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.125.3}

Rule 3. Hunting for a wild animal or wild bird with a firearm, pellet gun, BB gun or bow and arrow or the discharge of a firearm, pellet gun or BB gun is prohibited in the following described area in Mt. Morris township, Genesee county: Sections 1, 12 to 14, 22 to 24, 27 and 34, T8N, R6E, except those areas in sections 1 and 12 in the city of Mt. Morris and those areas in sections 23 and 34 in the city of Flint. However, target shooting is permitted in these areas at ranges approved by the township legislative body.

History

• History: 1979 AC.

Mich. Admin. Code R 317.125.4 Fenton township, Silver lake; hunting prohibited {#sec-r-317.125.4 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.125.4}

Rule 4. Hunting with, or the discharge of, a firearm is unlawful on the waters of Silver lake and within 450 feet of the water's edge, sections 27, 28 and 33, T5N, R6E, Fenton township, Genesee county.

History

• History: 1979 AC.

Mich. Admin. Code R 317.125.5 Fenton township, Marl lake; hunting prohibited {#sec-r-317.125.5 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.125.5}

Rule 5. Hunting with, or the discharge of, a firearm is unlawful on the waters of Marl lake and within 450 feet of the water's edge, sections 32 and 33, T5N, R6E, Fenton township, Genesee county.

History

• History: 1979 AC.

Mich. Admin. Code R 317.125.6 Argentine township, Lobdell and Softwater lakes; hunting prohibited {#sec-r-317.125.6 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.125.6}

Rule 6. Hunting with, or the discharge of, a firearm is unlawful in that part of Argentine township, Genesee county, described as follows:Beginning at the intersection of the Genesee county line and Seymour road; thence north on Seymour road to Silver Lake road; thence east on Silver Lake road to Glen Hatt road; thence east on Glen Hatt road to Lobdell Lake road; thence southeast on Lobdell Lake road to Hilltop drive; thence south on Hilltop drive as extended southerly to the Genesee county line; thence west on the Genesee county line to the point of beginning.

History

• History: 1979 AC.

Mich. Admin. Code R 317.125.7 Flint township, portion; hunting restricted {#sec-r-317.125.7 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.125.7}

Rule 7. Hunting with, or the discharge of, a firearm other than a shotgun loaded with shot not larger than no. 2 is unlawful in that part of Flint township, Genesee county, west of a line described as follows: Beginning at a point where the south township line intersects Dye road; thence north on Dye road to M-69; thence northeasterly on M-69 to Linden road; thence north on Linden road to a point where Ryant drain crosses Linden road; thence westerly along Ryant drain to Mud creek; thence northerly along Mud creek to the north line of the NE 1/4 of the SW 1/4 of section 18, T7N, R6E; thence east on the north 1/4 line to the east 1/4 line of the SW 1/4 of the NW 1/4 of section 17, T7N, R6E; thence north on the east 1/4 line to Calkins road; thence west on Calkins road to Mud creek; thence north on Mud creek to the north 1/4 line of the SE 1/4 of the SW 1/4 of section 7, T7N, R6E; thence east on the north 1/4 line to the west line of the NE 1/4 of the SE 1/4 of section 7, T7N, R6E; thence north on the west 1/4 line to the north 1/4 line of the NE 1/4 of the SE 1/4 of section 7, T7N, R6E; thence east on the north 1/4 line to the east 1/4 line of the west 1/2 of the NW 1/4 of section 8, T7N, R6E; thence north on the east 1/4 line to Beecher road; thence east on Beecher road as extended to I-75; thence north on I-75 to the north township line.

History

• History: 1979 AC.

Mich. Admin. Code R 317.125.8 Flint township, portion; hunting with firearm prohibited {#sec-r-317.125.8 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.125.8}

Rule 8. Hunting with, or the discharge of, a firearm is unlawful in that part of Flint township, Genesee county, east of a line described as follows: Beginning at a point where the south township line intersects Dye road; thence north on Dye road to Miller road; thence east on Miller road to Linden road; thence north on Linden road to Lennon road; thence west on Lennon road 1 mile to the section line common to sections 19 and 20, T7N, R6E; thence north on section line common to sections 19 and 20 to Ryant drain; thence northwesterly along the Ryant drain to Mud creek; thence north along Mud creek to Corunna road; thence west on Corunna road to Elms road; thence north on Elms road to Beecher road; thence east on Beecher road to Linden road; thence north on Linden road to Flushing road; thence northwesterly on Flushing road to the north township line.

Regulation No. 135, Iosco county.

History

• History: 1979 AC; 1982 AACS; 1984 AACS.

Mich. Admin. Code R 317.135.1 AuSable township {#sec-r-317.135.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.135.1}

Rule 1. Hunting for any wild animal or wild bird with a firearm or bow and arrow, or the discharge of a firearm or bow and arrow, is prohibited in the northwest 1/4 of section 5, and the northeast 1/4 of section 6, town 23 north, range 9 east, AuSable township, Iosco county.

History

• History: 1979 AC.

Mich. Admin. Code R 317.135.2 Oscoda township, portion of sections 5 and 6; hunting restricted {#sec-r-317.135.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.135.2}

Rule 2. Hunting with, or the discharge of, a rifle is unlawful within the following described area of Oscoda township, Iosco county: Beginning at a point where VanEttan Lake road intersects with Kings Corner road; thence south 1/4 mile to the 1/8 line of section 6, T24N, R9E; thence east 3/4 of a mile on the 1/8 line of section 6, T24N, R9E, to the 1/8 line of section 5, T24N, R9E; thence north on the 1/8 line of section 5, T24N, R9E, to Kings Corner road; thence west on Kings Corner road to the point of beginning.

History

• History: 1980 AACS.

Mich. Admin. Code R 317.135.3 Oscoda township, portion of section 33; hunting prohibited {#sec-r-317.135.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.135.3}

Rule 3. Hunting with, or the discharge of, a firearm is unlawful in those portions of section 33, T24N, R9E, Oscoda township, Iosco county, described as follows:

(a) South of the AuSable river bounded on the west by a line extending north from Grass Lake road, on the east by the D&M railroad tracks, and on the south by the River road.

(b) North of the AuSable river bounded on the west by the Three Pipes drain, on the east by the D&M railroad tracks, and on the north by Wurtsmith air force base.

Regulation No. 138, Jackson county.

History

• History: 1984 AACS.

Mich. Admin. Code R 317.138.1 Leoni township, Gilletts lake, hunting prohibited {#sec-r-317.138.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.138.1}

Rule 1. Hunting with, or the discharge of, a firearm is unlawful within that part of sections 27, 28, 33 and 34, T2S, R1E, Leoni township, Jackson county, hereinafter described: Beginning at the intersection of Ann Arbor road and Ponderosa drive; thence south on Ponderosa drive to Kapok drive; thence easterly on Kapok drive to Dogwood drive; thence southerly on Dogwood drive to Viking drive; thence southerly on Viking drive and as extended, easterly to Donnely road; thence south on Donnely road to Water drive; thence easterly on Water drive as extended to Ambs drive; thence south on Ambs drive to Shady lane; thence northeasterly on Shady lane to Gilletts Lake road; thence north on Gilletts Lake road to Ann Arbor road; thence west to point of beginning.

History

• History: 1979 AC.

Mich. Admin. Code R 317.138.2 Summit township; hunting with, or discharge of, rifle prohibited; exception {#sec-r-317.138.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.138.2}

Rule 2. Hunting with, or the discharge of, a rifle is unlawful within Summit township, Jackson county, except at a target range recognized and approved by the Summit township board.

History

• History: 1980 AACS.

Mich. Admin. Code R 317.138.3 Summit township; hunting restricted {#sec-r-317.138.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.138.3}

Rule 3. Hunting with, or the discharge of, a firearm is unlawful within Summit township, Jackson county, except on those lands zoned agricultural as of January 1, 1978.

Regulation No. 139, Kalamazoo county.

History

• History: 1980 AACS.

Mich. Admin. Code R 317.139.1 Oshtemo township, parts of sections 11, 13, 14, 24, 25, and 26; hunting prohibited {#sec-r-317.139.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.139.1}

Rule 1. Hunting with, or the discharge of, a firearm is unlawful within the following described area in Oshtemo township, Kalamazoo county, except at a target range recognized and approved by the township board: Beginning at the intersection of Drake road and Parkview avenue; thence west on Parkview avenue to Atlantic avenue; thence southwesterly on Atlantic avenue to 9th street; thence north on 9th street to Erie street; thence southwest on Erie street to Chime street; thence north on Chime street to West Michigan avenue; thence northeasterly on West Michigan avenue to 9th street; thence north on 9th street to to the NW corner of the SE 1/4 of section 26, T2S, R12W; thence east 1/2 mile on the 1/4 line to the NE corner of the SE 1/4 of section 26, T2S, R12W; thence north 1/2 mile on the section line to the NW corner of section 25, T2S, R12W; thence east 1/2 mile on the section line to 11th street; thence north on 11th street to KL avenue; thence northwesterly on KL avenue to the SW corner of the NW 1/4 of section 24, T2S, R12W; thence north 1/2 mile on the section line to the NW corner of section 24, T2S, R12W; thence west on the section line 1/2 mile to the SW corner of the SE 1/4 of section 14, T2S, R12W; thence north on the 1/4 line for 1 and 1/2 miles to the NW corner of the SE 1/4 of section 11, T2S, R12W; thence east 3/4 mile to the centerline of U.S. 131; thence south 1/2 mile on U.S. 131 to the north section line of section 13, T2S, R12W; thence east 3/4 mile to Drake road; thence south on Drake road to the point of beginning.

History

• History: 1979 AC.

Mich. Admin. Code R 317.139.2 Ross township, Sherman lake, hunting prohibited {#sec-r-317.139.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.139.2}

Rule 2. Hunting with, or the discharge of, a firearm is unlawful within 150 yards inland from the water's edge and on, or over, the waters of Sherman lake, sections 29 and 32, T1S, R9W, Ross township, Kalamazoo county.

Regulation No. 147, Livingston county.

History

• History: 1979 AC.

Mich. Admin. Code R 317.147.1 Green Oak township, parts of sections 3, 4 and 5 {#sec-r-317.147.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.147.1}

Rule 1. Hunting for any wild animal or wild bird with a firearm or the discharge of a firearm is prohibited in those parts of sections 3, 4 and 5 of Green Oak township, Livingston county, bounded on the east by the west 1/8 line of section 3, on the south by the Chesapeake & Ohio railroad, on the west by US-23, and on the north by the Brighton-Green Oak township line.

History

• History: 1979 AC.

Mich. Admin. Code R 317.147.2 Green Oak township, parts of sections 21 to 23 and 26 to 28 {#sec-r-317.147.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.147.2}

Rule 2. Hunting for any wild animal or wild bird with a firearm or the discharge of a firearm is prohibited in those parts of sections 21, 22, 23, 26, 27 and 28 of Green Oak township, Livingston county, bounded on the east by Rushton road, on the south by Nine Mile road, on the west by Marshall and Silver Lake roads, and on the north by Silverside drive and Doane road.

History

• History: 1979 AC.

Mich. Admin. Code R 317.147.3 Brighton township, parts of sections 32 and 33 {#sec-r-317.147.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.147.3}

Rule 3. Hunting for any wild animal or wild bird with a firearm or the discharge of a firearm is prohibited in those parts of sections 32 and 33 of Brighton township, Livingston county, south of Grand River road (interstate business route 96) and east of the northbound lane of US-23 expressway.

History

• History: 1979 AC.

Mich. Admin. Code R 317.147.4 Genoa township, parts of sections 21, 22, 27 and 28 {#sec-r-317.147.4 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.147.4}

Rule 4. Hunting for any wild animal or wild bird with a firearm, pellet gun, BB gun or bow and arrow, or the discharge of a firearm, pellet gun, BB gun or bow and arrow is prohibited on the waters of Round, Big and Little Crooked lakes and within 500 feet of the shores thereof in sections 21, 22, 27 and 28, Genoa township, Livingston county.

History

• History: 1979 AC.

Mich. Admin. Code R 317.147.5 Genoa township, parts of sections 3, 4 and 9 to 11 {#sec-r-317.147.5 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.147.5}

Rule 5. Hunting for a wild animal or wild bird with a firearm or bow and arrow or discharge of a firearm or bow and arrow is prohibited in the following described areas in Genoa township, Livingston county: Beginning at the intersection of the section line between sections 10 and 11, T2N, R5E, with the centerline of Grand River road (BL-96); thence southeasterly along that road to the north and south eighth line of the southwest quarter of section 11; thence northerly along that eighth line to the east and west quarter line; thence westerly along that quarter line to Hughes road; thence northwesterly along Hughes road to the section line between sections 10 and 11; thence northerly to the section corner common to sections 2, 3, 10 and 11; thence westerly along the section line between sections 3 and 10 to the easterly north and south eighth line of section 3; thence northerly along that eighth line to the intersection with the northerly east and west eighth line of section 3; thence westerly along the northerly east and west eighth lines of sections 3 and 4 to the north and south quarter line of section 4; thence southerly along the north and south quarter lines of sections 4 and 9 to the intersection with the centerline of Grand River road (BL-96); thence southeasterly along that centerline to the point of beginning. However, target shooting is permitted in this area at ranges approved by the township legislative body.

History

• History: 1979 AC.

Mich. Admin. Code R 317.147.6 Marion township, Coon lake; hunting prohibited {#sec-r-317.147.6 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.147.6}

Rule 6. Hunting with, or the discharge of, a firearm is unlawful on the waters of Coon lake, sections 24 and 25, T2N, R4E, Marion township, Livingston county.

History

• History: 1979 AC.

Mich. Admin. Code R 317.147.7 Deerfield township, parts of sections 1 and 2; hunting prohibited {#sec-r-317.147.7 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.147.7}

Rule 7. Hunting with, or the discharge of, a firearm is unlawful in those parts of sections 1 and 2, T4N, R5E, Deerfield township, Livingston county, described as follows: Beginning at a point where the Livingston county line intersects Argentine road; thence south on Argentine road to Bennett lake road; thence east on Bennett lake road to Crosby drive; thence north on Crosby drive to the Livingston county line; thence west on the Livingston county line to the point of beginning.

History

• History: 1979 AC.

Mich. Admin. Code R 317.147.8 Hamburg township; Gut lake {#sec-r-317.147.8 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.147.8}

Rule 8. Hunting with, or the discharge of, a firearm is unlawful on or over the waters of Gut lake, lying in sections 14, 15, 22, and 23, T1N, R5E, Hamburg township, Livingston county.

Regulation No. 150, Macomb county.

History

• History: 1981 AACS.

Mich. Admin. Code R 317.150.1 Shelby township {#sec-r-317.150.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.150.1}

Rule 1. Hunting with, or the discharge of, a firearm is unlawful in Shelby township, Macomb county, except as follows:

(a) Hunting with, or the discharge of, a firearm is lawful on property from Juengel road north to the east/west 1/4 section line and from Dequindre road east approximately 3,200 feet to the Clinton river; on the state-owned land in the Rochester-Utica recreation area; and on target ranges registered with the township clerk.

(b) Hunting with, or the discharge of, a shotgun loaded with shot not larger than no. 2 is lawful on the following described areas: sections 1, 13, 14, and 23 and that portion of section 2 lying north and east of the middle branch of the Clinton river, T3N, R12E.

History

• History: 1979 AC; 1982 AACS.

Mich. Admin. Code R 317.150.2 Clinton township, hunting prohibited {#sec-r-317.150.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.150.2}

Rule 2. Hunting with, or the discharge of, a firearm is unlawful in Clinton township, Macomb county.

History

• History: 1979 AC.

Mich. Admin. Code R 317.150.3 Bruce township, part of section 34 {#sec-r-317.150.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.150.3}

Rule 3. Hunting for any wild animal or wild bird with a firearm or the discharge of a firearm is prohibited in that part of section 34, town 5 north, range 12 east, Bruce township, Macomb county, described as follows: Beginning at the intersection of Earl memorial highway (M-53) and 33-mile road, westerly on 33-mile road a distance of 3,980 feet; thence southerly 2,691 feet to Gates road; thence westerly on Gates road 1,320 feet to its intersection with Camp Ground road; thence southerly on Camp Ground road to its intersection with 32-mile road; thence easterly on 32-mile road to the west city limits of Romeo; thence northerly on the west city limits of Romeo to Gates road; thence easterly on Gates road to its intersection with Earl memorial highway (M-53); thence northerly on Earl memorial highway to point of beginning.

History

• History: 1979 AC.

Mich. Admin. Code R 317.150.4 Harrison township, north of and including the Clinton river {#sec-r-317.150.4 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.150.4}

Rule 4. Hunting with, and the discharge of, a firearm or bow and arrow is prohibited in that area north of and including the Clinton river in Harrison township, Macomb county, except under permit for target shooting as authorized by the township board. This rule shall not apply to lands owned by or under control of the department of natural resources or the United States government.

History

• History: 1979 AC.

Mich. Admin. Code R 317.150.5 Rescinded {#sec-r-317.150.5 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.150.5}

History

• History: 1979 AC; 1982 AACS.

Mich. Admin. Code R 317.150.6 Rescinded {#sec-r-317.150.6 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.150.6}

History

• History: 1979 AC; 2012 AACS.

Mich. Admin. Code R 317.150.7 Rescinded {#sec-r-317.150.7 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.150.7}

History

• History: 1979 AC; 2012 AACS.

Mich. Admin. Code R 317.150.8 Rescinded {#sec-r-317.150.8 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.150.8}

History

• History: 1979 AC; 2012 AACS.

Mich. Admin. Code R 317.150.9 Chesterfield township, south of 24-mile road {#sec-r-317.150.9 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.150.9}

Rule 9. Hunting with, or the discharge of, a firearm, except under permit for target shooting as authorized by the township board, or to control nuisance animals as authorized by the department of natural resources, is prohibited within the following described area of Chesterfield township, Macomb county: Starting at 23mile road and the Macomb township-Chesterfield township common border; thence easterly on 23-mile road to Gratiot avenue; thence northeasterly on Gratiot avenue to 24-mile road; thence easterly on 24-mile road to Baker road; thence northerly on Baker road to New Haven road/Washington avenue; thence southeasterly on New Haven road/Washington avenue to the west city limits of New Baltimore; thence southerly along the west city limits of New Baltimore to the shoreline of Lake St. Clair; thence southwesterly along the Lake St. Clair shoreline to William P. Rosso highway; thence westerly along William P.

Rosso highway to the west boundary of Chesterfield township; thence northerly along the west boundary of Chesterfield township to 23-mile road, the point of beginning. The provisions of this rule shall not apply to lands owned by, or under the control of, the department of natural resources or the United States government.

History

• History: 1979 AC; 1985 AACS.

Mich. Admin. Code R 317.150.10 Rescinded {#sec-r-317.150.10 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.150.10}

History

• History: 1979 AC; 1982 AACS

Mich. Admin. Code R 317.150.12 Macomb township, portion, hunting with firearm prohibited {#sec-r-317.150.12 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.150.12}

Rule 12. Hunting with, or the discharge of, a firearm is unlawful in that part of Macomb township, Macomb county, described as follows: Beginning at a point where M-59 intersects with Hayes road; thence north on Hayes road to 22-mile road; thence east on 22-mile road to where Salt Slang drain crosses 22-mile road; thence southerly following Salt Slang drain to the one-quarter line of section 30, T3N, R13E; thence east on the one-quarter line of sections 30 and 29; T3N, R13E, to Romeo Plank road; thence south on Romeo Plank road to M-59; thence west to M-59 to the point of beginning.

Regulation No. 151, Manistee county.

History

• History: 1983 AACS.

Mich. Admin. Code R 317.151.1 Onekama township; portion; hunting with center-fire rifle prohibited {#sec-r-317.151.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.151.1}

Rule 1. Hunting with, or the discharge of, a center-fire rifle is unlawful within the following described area of Onekama township, Manistee county: Beginning at the junction of highway M-22 and Portage Point drive; thence northwesterly along Portage Point drive to Ivanhoe drive; thence northwesterly along Ivanhoe drive in section 21, T23N, R16W, to the Lake Michigan shoreline; thence southerly to Portage lake entry; thence easterly along the north shore of Portage lake to the west 1/4 section line of section 26, T23N, R16W; thence northerly along the 1/4 section line to the point of beginning.

Regulation No. 163, Oakland county.

History

• History: 1985 AACS.

Mich. Admin. Code R 317.163.1 Orion township {#sec-r-317.163.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.163.1}

Rule 1. Hunting for any wild animal or wild bird with a firearm or bow and arrow or the discharge of a firearm is prohibited in sections 1, 2, 3, 10, 11, and 12, town 4 north, range 10 east, except the state-owned land in the Bald Mountain recreation area, Orion township, Oakland county.

History

• History: 1979 AC.

Mich. Admin. Code R 317.163.2 Oxford township {#sec-r-317.163.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.163.2}

Rule 2. Hunting for any wild migratory waterfowl with a firearm, bow and arrow, or slingshot, is prohibited in a part of Oxford township described as follows: That part of sections 26 and 27 west of state highway M-24, except the village of Oxford; all of section 28; that part of section 29 east of Sanders road; that part of section 33 east of Newman road; all of section 34, and that part of section 35 west of state highway M- 24, all in town 5 north, range 10 east, Oxford township, Oakland county.

History

• History: 1979 AC.

Mich. Admin. Code R 317.163.3 Holly township {#sec-r-317.163.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.163.3}

Rule 3. Hunting for any wild animal or wild bird with a firearm or bow and arrow, or the discharge of a firearm, is prohibited in that part of sections 22 and 27, town 5 north, range 7 east, lying southerly of Quick road and northerly of Grange Hall road and easterly of the Holly village limits, all in Holly township, Oakland county.

History

• History: 1979 AC.

Mich. Admin. Code R 317.163.4 Commerce township, section 7, and parts of sections 6 and 8 {#sec-r-317.163.4 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.163.4}

Rule 4. Hunting for any wild animal or wild bird with a firearm or bow and arrow, or the discharge of a firearm, except at shooting ranges approved by the township board, is prohibited in section 7, the southwest 1/4 and west 1/2 of the southeast 1/4 of section 6, and that part of section 8 lying west of the Detroit Edison power line, Commerce township, Oakland county.

History

• History: 1979 AC.

Mich. Admin. Code R 317.163.5 Commerce township, parts of sections 9, 10, 15, and 16 {#sec-r-317.163.5 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.163.5}

Rule 5. Hunting for any wild animal or wild bird with a firearm or bow and arrow or the discharge of a firearm, except on state-owned land in the southwest 1/4 of the southwest 1/4 of section 9 and the northwest 1/4 of the northwest 1/4 of section 16 and at shooting ranges approved by the township board, is prohibited in those parts of sections 9, 10, 15, and 16 of Commerce township, Oakland county, bounded on the east by South Commerce road, on the south and west by Oakley Park, Benstein and Bass Lake roads, and on the north by Sleeth and Commerce roads.

History

• History: 1979 AC.

Mich. Admin. Code R 317.163.6 Independence township; hunting restricted {#sec-r-317.163.6 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.163.6}

Rule 6. Hunting with, or the discharge of, a center-fire rifle is unlawful in Independence township, Oakland county, except at target ranges registered with the township clerk.

History

• History: 1979 AC; 1984 AACS.

Mich. Admin. Code R 317.163.7 Independence township; hunting prohibited {#sec-r-317.163.7 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.163.7}

Rule 7. Hunting with a firearm is unlawful in the following described areas of Independence township, Oakland county:

(a) In or over the waters of Walters lake located in sections 12, 13, and 14, T4N, R9E.

(b) Beginning at a point in the southeast corner of section 35, T4N, R9E, where Clintonville road intersects with Mann road; thence north on Clintonville road to I-75; thence northwesterly on I-75 to the section line common to sections 26 and 27; thence south on the section line and Dvorak road to Maybee road; thence west on Maybee road to Chickadee lane; thence north on Chickadee lane 1/2 mile to Goldfinch lane; thence east 1 mile to the section line common to sections 27 and 28; thence north 1/4 mile to the quarter section line; thence 1/2 mile west to the center line of section 28; thence north on the center line to Almond road/Clarkston road continuing on the center line of section 16 to Perry Lake road; thence west on Perry Lake road 1/4 mile to the quarter line of section 16; thence north to the north line of section 16; thence west to the corner common to sections 8, 9, 16, and 17; thence south 1/2 mile to Cranberry Lake road; thence west on Cranberry Lake road to M-15; thence south on M-15 to I-75; thence west on I-75 to Holcomb road; thence southeasterly on Holcomb road/White Lake road to Dixie highway; thence southeasterly on Dixie highway to Lingor road; thence southwesterly on Lingor road/Parkview road and Andersonville road to the south line of Independence township; thence east to the point of beginning.

History

• History: 1979 AC; 1984 AACS.

Mich. Admin. Code R 317.163.8 Rescinded {#sec-r-317.163.8 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.163.8}

History

• History: 1979 AC; 1984 AACS.

Mich. Admin. Code R 317.163.9 Addison township, parts of sections 26, 27, and 28 {#sec-r-317.163.9 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.163.9}

Rule 9. Hunting for any wild animal or wild bird with a firearm or the discharge of a firearm is prohibited in those parts of sections 26, 27, and 28 of Addison township, Oakland county, bounded on the east by Rochester road, on the south by Lakeville and Rochester roads and on the west by Lakeville road.

History

• History: 1979 AC.

Mich. Admin. Code R 317.163.10 Rescinded {#sec-r-317.163.10 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.163.10}

History

• History: 1979 AC; 1984 AACS.

Mich. Admin. Code R 317.163.11 Rescinded {#sec-r-317.163.11 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.163.11}

History

• History: 1979 AC; 1984 AACS.

Mich. Admin. Code R 317.163.12 Rescinded {#sec-r-317.163.12 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.163.12}

History

• History: 1979 AC; 1984 AACS.

Mich. Admin. Code R 317.163.13 White Lake township, parts of section 21, 28, and 29 {#sec-r-317.163.13 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.163.13}

Rule 13, Hunting for any wild animal or wild bird with a firearm or bow and arrow or the discharge of a firearm is prohibited in those parts of sections 21, 28, and 29 of White Lake township, Oakland county, beginning at the junction of the east section line of section 21 and state highway M-59 (Highland road), thence westerly on M-59 to Sunset street, southerly on Sunset street to Biscayne avenue, thence westerly on Biscayne avenue to Bogie Lake road, thence southerly on Bogie Lake road to centerline of section 29, thence east on centerline of section 29 and section 28 to the east section line of section 28, thence north on the east section line of section 28 and section 21 to point of beginning.

History

• History: 1979 AC.

Mich. Admin. Code R 317.163.14 White Lake township, parts of sections 23 and 24 {#sec-r-317.163.14 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.163.14}

Rule 14. Hunting for any wild animal or wild bird with a firearm or bow and arrow or the discharge of a firearm is prohibited in those parts of sections 23 and 24 of White Lake township, Oakland county, beginning at the junction of the Huron river and state highway M-59 (Highland road), westerly on state highway M-59 (Highland road) to Hilltop drive, thence southeasterly on Hilltop drive to its end, south from end of Hilltop drive to the shores of Oxbow lake, thence southerly on the shores of Oxbow lake to the north bank of the Huron river, thence easterly and northerly along the north and west banks of the Huron river to point of beginning.

History

• History: 1979 AC.

Mich. Admin. Code R 317.163.15 White Lake township, parts of sections 26, 27, 34, and 35 {#sec-r-317.163.15 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.163.15}

Rule 15. Hunting for any wild animal or wild bird with a firearm or bow and arrow or the discharge of a firearm is prohibited in those parts of sections 26, 27, 34, and 35 of White Lake township, Oakland county, beginning at the intersection of Union Lake road and Elizabeth Lake road, westerly on Elizabeth Lake road, to Oxbow Lake road, thence southerly on Oxbow Lake road to Cedar Island road, thence southeasterly on Cedar Island road to Round Lake road, thence northerly on Round Lake road (Farnsworth road) to Union Lake road, thence northwesterly on Union Lake road to point of beginning.

History

• History: 1979 AC.

Mich. Admin. Code R 317.163.16 Rose township, part of section 3 {#sec-r-317.163.16 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.163.16}

Rule 16. Hunting for any wild animal or wild bird with a firearm or the discharge of a firearm is prohibited in that part of section 3, town 4 north, range 7 east, Rose township, Oakland county, described as follows: Beginning at the intersection of the north line of section 3 with the southwest right of way line of the Grand Trunk Western railroad; thence southeasterly along the right of way to a point 330 feet west of the east line of section 3; thence southerly along a line parallel and 330 feet west of the east line of section 3 to the water's edge on the south bank of Stiffs pond; thence westerly along the water's edge of Stiffs pond to the east right of way line of the Chesapeake & Ohio railroad; thence northeasterly along the east right of way line to the north line of section 3; thence easterly along the north line of section 3 to the point of beginning.

History

• History: 1979 AC.

Mich. Admin. Code R 317.163.17 Milford township, parts of sections 16, 20, 21, 28 to 30 and 33, and all of sections 31 and 32 {#sec-r-317.163.17 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.163.17}

Rule 17. Hunting for any wild animal or wild bird with a firearm or bow and arrow, or the discharge of a firearm or bow is prohibited within the defined and posted boundaries of the properties belonging to and under control of the Huron-Clinton metropolitan authority designated as the Kensington metropolitan park, being parts of sections 16, 20, 21, 28 to 30 and all of sections 31 and 32, and part of section 33, town 2 north, range 7 east, Milford township, Oakland county.

History

• History: 1979 AC.

Mich. Admin. Code R 317.163.18 Milford township, parts of sections 17 and 20 {#sec-r-317.163.18 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.163.18}

Rule 18. Hunting with, or the discharge of, a firearm is prohibited in section 17 and N 1/2 section 20, town 2 north, range 7 east, Milford township, Oakland county, except shotguns, flintlock or percussion cap muzzle-loading rifles .44 caliber or larger may be used during those seasons open to the taking of wild animals and wild birds. This rule shall not apply to the discharge of firearms at target ranges under permit as may be authorized by the local unit of government.

History

• History: 1979 AC.

Mich. Admin. Code R 317.163.19 Oakland township {#sec-r-317.163.19 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.163.19}

Rule 19. Hunting with, or the discharge of, a firearm is prohibited in Oakland township, Oakland county, except shotguns, flintlock or percussion cap muzzle-loading rifles .44 caliber or larger may be used during those seasons open to the taking of wild animals and wild birds. This rule shall not apply to the discharge of firearms at target ranges under permit as may be authorized by the local unit of government.

History

• History: 1979 AC.

Mich. Admin. Code R 317.163.20 Rescinded {#sec-r-317.163.20 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.163.20}

History

• History: 1979 AC; 1984 AACS.

Mich. Admin. Code R 317.163.21 Oakland township, parts of sections 2 and 3 {#sec-r-317.163.21 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.163.21}

Rule 21. Hunting for a wild animal or wild bird with a firearm or bow and arrow or the discharge of a firearm or bow and arrow is prohibited within the following described area in Oakland township, Oakland county: Beginning at the intersection of the centerlines of Romeo road and Rochester road, T4N, R11E, thence southerly and southwesterly on Rochester road to the intersection with the centerline of Predmore road, thence westerly 1367.31 feet, thence north 0o 59' 40" east, 1324.73 feet, thence south 89o 41' 00" east, 674.30 feet, thence north along west line of section 2 to a point 450 feet lakeward of the shoreline of Cranberry lake, thence easterly, northerly and westerly along a line 450 feet lakeward of the shoreline of Cranberry lake to the west line of Log Cabin Club subdivision as recorded in liber 46 of plats, page 12, Oakland county records, thence north 5o 08' 00" west along that subdivision line as extended to the centerline of Romeo road, thence easterly on the centerline of Romeo road to the point of beginning. However, target shooting is permitted in this area at ranges approved by the township legislative body.

History

• History: 1979 AC.

Mich. Admin. Code R 317.163.22 Pontiac township; parts of section 1 to 6, 8 to 14, 23 to 26, 35, and 36; hunting prohibited {#sec-r-317.163.22 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.163.22}

Rule 22. Hunting with, or the discharge of, a firearm is unlawful within the following described area on Pontiac township, Oakland county: Beginning at the southeast corner of section 36, T3N, R10E; thence west on the township line to the east limits of the city of Pontiac; thence north on the east limits of the city of Pontiac to the north limits of the city of Pontiac; thence west on the east and west quarterlines of sections 10, 9, and 8, to the centerline of Baldwin road, but excepting therefrom any areas in the city of Pontiac; thence northerly on the centerline of Baldwin road to the centerline of Lake Angelus road to the west township line; thence north on the west township line to the north township line; thence easterly on the north township line to the centerline of Joslyn road; thence south on the centerline of Joslyn road to the north boundary of highway I-75; thence easterly and southerly on the boundary line of I-75 to the exit of M-24; thence easterly on the M-24 exit to M-24; thence south on M-24 to Shimmons road; thence east on Shimmons road to Squirrel road; thence north on Squirrel road to Tienken road; thence east on Tienken road to the east boundary line of Pontiac township; thence south on the east Pontiac township line to Butler road; thence west on Butler road to Squirrel road; thence north on Squirrel road to University drive; thence west on University drive to I-75; thence south on I-75 to the centerline of Featherstone road; thence easterly on the centerline of Featherstone road to the centerline of Squirrel road; thence southerly on the centerline of Squirrel road to the centerline of Hamlin road; thence easterly on the centerline of Hamlin road to the east township line; thence south on the east township line to the point of beginning. Hunting with or the discharge of a firearm other than a shotgun loaded with shot not larger than no. 2 is prohibited in that part of Pontiac township not included in this description, except at a target range recognized and approved by the township board.

History

• History: 1979 AC.

Mich. Admin. Code R 317.163.23 White Lake township, parts of sections 7 and 18 {#sec-r-317.163.23 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.163.23}

Rule 23. Hunting for a wild animal or wild bird with a firearm or the discharge of a firearm is prohibited within the following described area in White Lake township, Oakland county: Beginning at the intersection of the section line between sections 6 and 7, T3N, R8E, and the west township line, thence east to the centerline of Ormond road, thence southerly to the centerline of England beach road, thence westerly to the centerline of Ridge road, thence southerly and westerly to the west township line, thence north on the west township line to the point of beginning. However, target shooting is permitted in this area at ranges approved by the township legislative body.

History

• History: 1979 AC.

Mich. Admin. Code R 317.163.24 Commerce township, parts of sections 1 to 3 and 10 to 14 {#sec-r-317.163.24 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.163.24}

Rule 24. Hunting for a wild animal or wild bird with a firearm or bow and arrow or discharge of a firearm or bow and arrow is prohibited within the following described area of Commerce township, Oakland county: Beginning at the intersection of the north township line and Bogie lake road, thence east on the north township line to the east township line, thence south on the east township line to the centerline of Richardson road, thence northwesterly and then westerly on the centerline of Richardson road to the centerline of Newton road, thence north on the centerline of Newton road to the section line between sections 11 and 14, T2N, R8E, thence west to the centerline of South Commerce road, thence northerly on the centerline of South Commerce road to the centerline of Commerce road, thence westerly on Commerce road and continuing westerly on the centerline of Sleeth road to the north and south eighth line of the northwest 1/4 of section 10, then north on that eighth line to the centerline of Commerce road, thence east on the centerline of Commerce road to the centerline of Bogie lake road, thence north on the centerline of Bogie lake road to the point of beginning. However, target shooting is permitted in this area at ranges approved by the township legislative body.

History

• History: 1979 AC.

Mich. Admin. Code R 317.163.25 Rescinded {#sec-r-317.163.25 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.163.25}

History

• History: 1979 AC; 1984 AACS.

Mich. Admin. Code R 317.163.26 Oxford township, portion; hunting prohibited {#sec-r-317.163.26 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.163.26}

Rule 26. Hunting with, or the discharge of, a firearm is unlawful within the following described area of Oxford township, Oakland county: Beginning at the intersection of Seymour Lake road and Sanders road; thence south on Sanders road to Drahner road; thence east on Drahner road to Barr road; thence north on Barr road to Lakeville road; thence west on Lakeville road to Oxford road; thence south on Oxford road to Burdick street; thence west on Burdick street to Seymour Lake road to point of beginning.

History

• History: 1979 AC.

Mich. Admin. Code R 317.163.27 Oxford township; hunting with centerfire rifle unlawful {#sec-r-317.163.27 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.163.27}

Rule 27. Hunting with, or the discharge of, a centerfire rifle is unlawful in Oxford township, Oakland county, except at a target range recognized and approved by the township board.

History

• History: 1979 AC.

Mich. Admin. Code R 317.163.28 Commerce township, portion; hunting restricted {#sec-r-317.163.28 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.163.28}

Rule 28. Hunting with, or the discharge of, a firearm other than a shotgun loaded with shot not larger than no. 2 is unlawful in those parts of sections 16 and 21, T2N, R8E, Commerce township, Oakland county, described as follows: Beginning at the junction of Bass Lake road and Benstein road; thence south on Benstein road to Glengary road; thence west on Glengary road 1 mile; thence north on the section line dividing sections 20 and 21, T2N, R8E, 1 mile to Bass Lake road; thence east on Bass Lake road to the point of beginning.

History

• History: 1979 AC.

Mich. Admin. Code R 317.163.29 White Lake township, Oxbow lake; hunting prohibited {#sec-r-317.163.29 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.163.29}

Rule 29. Hunting with, or the discharge of, a firearm is unlawful on the waters of Oxbow lake, or within 450 feet of the water's edge in sections 22, 23, 26, 27, T3N, R8E, White lake township, Oakland county.

History

• History: 1979 AC.

Mich. Admin. Code R 317.163.30 White Lake township, Bogie lake; hunting prohibited {#sec-r-317.163.30 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.163.30}

Rule 30. Hunting with, or the discharge of, a firearm is unlawful on the waters of Bogie lake, or within 450 feet of the water's edge in section 33, T3N, R8E, White lake township, Oakland county.

History

• History: 1979 AC.

Mich. Admin. Code R 317.163.31 White Lake township, Cooley lake; hunting prohibited {#sec-r-317.163.31 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.163.31}

Rule 31. Hunting with, or the discharge of, a firearm is unlawful on the waters of Cooley lake, or within 450 feet of the water's edge in section 36, T3N, R8E, White lake township, Oakland county.

History

• History: 1979 AC.

Mich. Admin. Code R 317.163.32 White Lake township, Pontiac lake; hunting prohibited {#sec-r-317.163.32 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.163.32}

Rule 32. Hunting with, or the discharge of, a firearm is unlawful on the waters of Pontiac lake, except those parts of sections 11 and 14, T3N, R8E, described as follows: Beginning at the intersection of Teggerdine road and Gale road; thence easterly on Gale road for a distance of 4,000 feet; thence south to Pontiac lake road; thence west along Pontiac lake road to Teggerdine road; thence north to Gale road and the point of beginning, White lake township, Oakland county.

History

• History: 1979 AC.

Mich. Admin. Code R 317.163.33 Brandon township, Bald Eagle lake; hunting prohibited {#sec-r-317.163.33 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.163.33}

Rule 33. Hunting with, or the discharge of, a firearm is unlawful on the waters of Bald Eagle lake and within 450 feet of the water's edge, sections 19 and 30, T5N, R9E, Brandon township, Oakland county.

History

• History: 1979 AC.

Mich. Admin. Code R 317.163.34 Brandon township, Lake Louise, portion; hunting prohibited {#sec-r-317.163.34 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.163.34}

Rule 34. Hunting with, or the discharge of, a firearm is unlawful on that portion of the waters of Lake Louise and within 450 feet of that portion of the water's edge located in sections 19, 20, and 30, T5N, R9E, Brandon township, Oakland county.

History

• History: 1979 AC.

Mich. Admin. Code R 317.163.35 Orion township, Tommys lake; hunting prohibited {#sec-r-317.163.35 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.163.35}

Rule 35. Hunting with, or the discharge of, a firearm is unlawful on the waters of Tommys lake, or on the land within 450 feet of the water's edge in sections 15 and 16, T4N, R10E, Orion township, Oakland county.

History

• History: 1979 AC.

Mich. Admin. Code R 317.163.36 Rescinded {#sec-r-317.163.36 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.163.36}

History

• History: 1979 AC; 1984 AACS.

Mich. Admin. Code R 317.163.37 Independence township; certain portions; hunting restricted {#sec-r-317.163.37 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.163.37}

Rule 37. Hunting with, or the discharge of, any firearm, except a shotgun loaded with shot not larger than no. 2, is unlawful in those portions of sections 19 to 22, 27, all of sections 28 to 32, and section 36, located south of interstate highway 75 (I-75) in T4N, R9E, Independence township, Oakland county.

History

• History: 1979 AC.

Mich. Admin. Code R 317.163.38 Rescinded {#sec-r-317.163.38 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.163.38}

History

• History: 1979 AC; 1984 AACS.

Mich. Admin. Code R 317.163.39 Milford township; portion; hunting prohibited {#sec-r-317.163.39 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.163.39}

Rule 39. Hunting with, or the discharge of, a firearm is unlawful in section 17 T2N, R7E, Milford township, Oakland county, bounded on the north by General Motors road; on the west by Hickory Ridge road; on the east by Garner road; and on the south by a line extending from Dawson road west to Stobart road.

History

• History: 1979 AC.

Mich. Admin. Code R 317.163.40 Highland township, portion; hunting restricted {#sec-r-317.163.40 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.163.40}

Rule 40. Hunting with, or the discharge of, a rifle, except at target ranges recognized and approved by the township board, is unlawful within the following described area in Highland township, Oakland county Beginning at a point where Harvey Lake road intersects with M-59; thence west on M-59 to the Chesapeake and Ohio railroad tracks; thence north on the Chesapeake and Ohio railroad tracks to the north quarterline of section 22, T3N, R7E; thence east on the north quarterline of section 22, T3N, R7E, to Harvey Lake road; thence south on Harvey Lake road to the point of beginning.

History

• History: 1979 AC.

Mich. Admin. Code R 317.163.41 Rescinded {#sec-r-317.163.41 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.163.41}

History

• History: 1979 AC; 1984 AACS.

Mich. Admin. Code R 317.163.42 Addison township, Lakeville lake; hunting prohibited {#sec-r-317.163.42 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.163.42}

Rule 42. Hunting with, or the discharge of, a firearm is unlawful on or over the waters of Lakeville lake, Addison township, Oakland county, that lie within the following described area: Beginning at the junction of Army road and Rochester road; thence northwesterly on Army road to the common section corner of sections 15, 16, 21, and 22; thence south on the common section line between sections 21 and 22 to the 1/2 section line; thence southeast to the northwest corner of Klink island; thence southeast to the southern tip of Baywood point; thence east to Rochester road; thence north to the point of beginning.

History

• History: 1985 AACS.

Mich. Admin. Code R 317.163.43 White Lake township, portion; hunting restricted {#sec-r-317.163.43 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.163.43}

Rule 43. Hunting with, or the discharge of, a firearm, except a shotgun loaded with shot not larger than no. 4, is unlawful in that part of White Lake township, Oakland county, described as follows, except at target ranges recognized and approved by the township board: Beginning at the intersection of Highland road (M- 59) and Ormond road; thence north on Ormond road to England Beach road; thence west on England Beach road to Ridge road; thence south and west on Ridge road to the west township line; thence south on the west township line to Highland road (M- 59); thence east on Highland road (M-59) to the point of beginning.

History

• History: 1980 AACS.

Mich. Admin. Code R 317.163.44 Highland township; portions; hunting prohibited {#sec-r-317.163.44 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.163.44}

Rule 44. Hunting with, or the discharge of, a firearm is unlawful, except at target ranges registered with the township board, in the portions of Highland township, Oakland county, described as follows:

(a) Beginning at the intersection of the section line between sections 2 and 11, T3N, R7E, with Harvey Lake road; thence east along that section line and continuing east on the section line between sections 1 and 12 to the east line of Highland township, south on that east line to the center line of Highland road (M-59); thence westerly to the center line of Duck Lake road; thence northerly to the center line of Wardlow road; thence westerly to the center line of Harvey Lake road; thence northwesterly and continuing north on the center line of Harvey Lake road to the point of beginning.

(b) On the surface of, or within 450 feet of the water's edge of, Highland lake located in sections 8 and 17, T3N, R7E.

(c) Beginning at a point where Wardlow road intersects with Harvey Lake road; thence south on Harvey Lake road to the north quarter line of section 22, T3N, R7E; thence west on the north quarter line of section 22, T3N, R7E, to the Chesapeake and Ohio railroad tracks; thence south on the Chesapeake and Ohio railroad tracks to M-59; thence west on M-59 to Milford road; thence north on Milford road to Wardlow road; thence east on Wardlow road to the point of beginning.

(d) In those portions of section 10, T3N, R7E, lying west of Milford road; on or over those waters of Tagget lake lying in section 8, T3N, R7E; and all of section 9, T3N, R7E, except over the waters of Kellogg lake.

History

• History: 1984 AACS.

Mich. Admin. Code R 317.163.45 Oakland township, portion; hunting prohibited {#sec-r-317.163.45 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.163.45}

Rule 45. Hunting with, or the discharge of, a firearm is unlawful in that portion of Oakland township, Oakland county, described as follows: Beginning at a point where the Penn Central railroad enters Oakland township in section 33, T4N, R11E; thence north on a line following the Penn Central railroad tracks to the center of section 20, T4N, R11E; thence west on the 1/4 line of section 20 and section 19, T4N, R11E, to the center of section 19, T4N, R11E; thence north on the 1/4 line of section 19 and section 18, T4N, R11E, to Orion road; thence northwest on Orion road to the west line of Oakland township; thence north on the west line of Oakland township to Stoney Creek road; thence east on Stoney Creek road to Adams road; thence south on Adams road to Orion road; thence southeasterly on Orion road to where the Detroit Edison powerline crosses Orion road; thence east along the Detroit Edison powerline to Collins road; thence south on Collins road to Orion road; thence south on Orion road to Snell road; thence east on Snell road to Sheldon road; thence south on Sheldon road to the south line of Oakland township; thence west on the south line of Oakland township to the point of beginning.

History

• History: 1981 AACS.

Mich. Admin. Code R 317.163.46 Oakland township, portion; hunting prohibited {#sec-r-317.163.46 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.163.46}

Rule 46. Hunting with, or the discharge of, a firearm is unlawful in that portion of Oakland township, Oakland county, described as follows:Beginning at a point where Gunn road intersections with Hadden road; thence north on Hadden road to Buell road; thence east on Buell road to Hixon road; thence south on Hixon road to Gunn road; thence west on Gunn road to the point of beginning.

Regulation No. 169, Otsego county.

History

• History: 1981 AACS.

Mich. Admin. Code R 317.169.1 Bagley township, parts of sections 15 and 16; hunting prohibited {#sec-r-317.169.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.169.1}

Rule 1. Hunting with, or the discharge of, a firearm, except at target ranges recognized and approved by the township board, is unlawful in parts of sections 15 and 16, T30N, R3W, Bagley township, Otsego county, described as follows:

Beginning at a point where Johnson road intersects with I-75; thence north on I-75 to a point where McCoy road would intersect with I-75 if extended west; thence east on McCoy road to the junction of McCoy road, Krys road, and Osceola trail; thence south on Osceola trail to Johnson road; thence west on Johnson road to the point of beginning.

History

• History: 1979 AC.

Mich. Admin. Code R 317.169.2 Otsego Lake township, portion, hunting with firearm other than shotgun prohibited {#sec-r-317.169.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.169.2}

Rule 2. Hunting with, or the discharge of, a firearm, other than a shotgun, is unlawful in that portion of Otsego Lake township, Otsego county, described as follows: Beginning at a point where Marlette road intersects with I-75 expressway; thence north on I-75 to the north section line of section 20, T30N, R3W; thence west on that section line to old U.S. 27; thence south on old U.S. 27 to Marlette road; thence east on Marlette road to the point of beginning.

Regulation No. 170, Ottawa county.

History

• History: 1980 AACS.

Mich. Admin. Code R 317.170.1 Park township, parts of section 22, and part south of Ottawa Beach road {#sec-r-317.170.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.170.1}

Rule 1. Hunting for any wild animal or wild bird with a firearm, pellet gun, air rifle, spring propelled BB gun or bow and arrow, or the discharge of a firearm, pellet gun, air rifle, spring propelled BB gun or bow and arrow is prohibited in the east 1/2 of the southeast 1/4 of section 22, Park township, Ottawa county, and all of the township south of Ottawa Beach road, except that hunting for waterfowl on Lake Macatawa is permitted lakeward from the water's edge and a resident may hunt waterfowl from the upland of the premises where he is regularly domiciled. A resident may target practice with a firearm, pellet gun, air rifle, spring propelled BB gun or bow and arrow on premises where he is regularly domiciled.

History

• History: 1979 AC.

Mich. Admin. Code R 317.170.2 Park township, portions of Lake Macatawa; hunting prohibited {#sec-r-317.170.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.170.2}

Rule 2. Hunting with, or the discharge of, a firearm is unlawful on the waters of Lake Macatawa on those portions of Pine Creek bay located in the north half of section 25, T5N, R16W.

Regulation No. 171, Presque Isle county.

History

• History: 1979 AC.

Mich. Admin. Code R 317.171.1 Krakow township, parts of sections 23 to 26 {#sec-r-317.171.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.171.1}

Rule 1. Hunting for any wild animal or wild bird with a firearm or the discharge of a firearm is prohibited in those parts of sections 23, 24, 25, and 26, town 34 north, range 7 east, Krakow township, Presque Isle county, described as follows: Beginning at the intersection of the east section line of section 23 and county highway 638, thence southerly on the east section line of section 23 to its intersection with the waters of Grand lake, thence westerly along the shore of Grand lake and following on the shore line of Grand Pointe Peninsula to the intersection with the north and south quarter line of section 23, thence northerly on the quarter line to its intersection with county highway 638, thence easterly along county highway 638 to point of beginning.

History

• History: 1979 AC.

Mich. Admin. Code R 317.171.2 Presque Isle township; sections 18 to 20 and part of section 17; prohibited acts {#sec-r-317.171.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.171.2}

Rule 2. The following acts are unlawful within sections 18, 19, and 20 and the SW 1/4 of section 17, T34N, R8E, Presque Isle township, Presque Isle county:

(a) Hunting with, or the discharge of, a firearm or bow and arrow on any public road.

(b) Hunting with, or the discharge of, a firearm other than a shotgun loaded with shot not larger than no. 2.

History

• History: 1979 AC.

Mich. Admin. Code R 317.171.3 Presque Isle township; Besser natural area; hunting prohibited {#sec-r-317.171.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.171.3}

Rule 3. (1) Hunting with, or the discharge of, a rifle is unlawful in the Besser natural area located in sections 13 and 24, T33N, R8E, of Presque Isle township, Presque Isle county.

(2) Hunting with, or the discharge of, a firearm is unlawful in the Besser natural area located in sections 13 and 24, T33N, R8E, Presque Isle township, Presque Isle county, during the period from April 1 to and including September 14.

Regulation No. 173, Saginaw county.

History

• History: 1985 AACS.

Mich. Admin. Code R 317.173.1 Saginaw township, portion; hunting prohibited {#sec-r-317.173.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.173.1}

Rule 1. Hunting with, or the discharge of, a firearm is unlawful within the following described area of Saginaw township, Saginaw county:Beginning at a point in the northeast corner of Saginaw township at the junction of interstate highway 675 and Tittabawassee road; thence west on Tittabawassee road to Mackinaw road; thence south on Mackinaw road to the 1/2 section line of section 4; thence west on the 1/2 section line of section 4 to the center of section 4; thence south from the center along the 1/2 section line to McCarty road; thence west on McCarty road to Mannion road; thence south on Mannion road to Shattuck road; thence west on Shattuck road to state highway M-47; thence south on M-47 to Gratiot road; thence east on Gratiot road to St. Andrews street; thence south on St. Andrews street to Michigan street; thence east on Michigan street to the Saginaw township line; thence north on the Saginaw township line to Weiss street; thence east on Weiss street to the Saginaw township line and interstate highway 675; thence north on interstate highway 675 to the point of beginning.

History

• History: 1979 AC; 1985 AACS.

Mich. Admin. Code R 317.173.2 Saginaw township; hunting with rifle unlawful {#sec-r-317.173.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.173.2}

Rule 2. Hunting with, or the discharge of, a rifle is unlawful in Saginaw township, Saginaw county, except at a target range recognized and approved by the township board.

History

• History: 1979 AC.

Mich. Admin. Code R 317.173.3 Thomas township, portion; hunting restricted {#sec-r-317.173.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.173.3}

Rule 3. Hunting with, or the discharge of, a center-fire rifle, except at shooting ranges that are registered with the township clerk, is unlawful during the firearm deer season in that part of Thomas township described as follows: Beginning at the junction of Orr road and Tittabawassee road; thence east on Tittabawassee road to the Tittabawassee river; thence southeast along the center line of the Tittabawassee river to highway M-46; thence west on M-46 to highway M-52; thence south on M-52 to the section corner common to sections 32 and 33, T12N, R3E, and sections 4 and 5, T11N, R3E; thence west on the south section line of section 32 and Ederer road to Orr road; thence north on Orr road to the point of beginning.

Regulation No. 174, St. Clair county.

History

• History: 1982 AACS.

Mich. Admin. Code R 317.174.1 East China township, east part {#sec-r-317.174.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.174.1}

Rule 1. Hunting for a wild animal or wild bird with a firearm or bow and arrow or the discharge of a firearm or bow and arrow is prohibited within the following described area of East China township, St. Clair county: Beginning on the south line of section 36, T4N, R17E, at its intersection with the shoreline of the St. Clair river, thence westerly to the west boundary of the Port Huron and Detroit railroad, thence northerly on the west boundary to the centerline of Springborn road, thence southeasterly to the west shoreline of the Belle river, thence northerly along the shoreline to to its intersection with the south boundary of private claim 243, thence northwesterly on the south boundary line to the west boundary line of private claim 243, thence northeasterly on the west boundary line to the centerline of Meisner road, thence easterly and southeasterly on the centerline of Meisner road to the west boundary of the Port Huron and Detroit railroad, thence northerly on the west boundary to the centerline of Recor road, thence southeasterly on the centerline of Recor road to the centerline of River road (M-29), thence northerly on the centerline of River road (M-29) to the east and west quarter line in section 18, thence westerly on the quarter line to the west section line of section 18, thence northerly on the section line to the intersection with the north line of section 18, thence easterly on the section line to the centerline of River road (M-29), thence northerly on the centerline of River road (M-29) to the centerline of Bree road, thence westerly on the centerline of Bree road and continuing westerly to the west shoreline of the Pine river, thence northerly along the west shoreline of the Pine river to the south city limits of the city of St. Clair, thence easterly on the city limits of the city of St. Clair to the shoreline of the St. Clair river, thence southerly along the shoreline of the St. Clair river to the point of beginning.

However, target shooting is permitted in this area at ranges approved by the township legislative body.

Regulation No. 181, Washtenaw county.

History

• History: 1979 AC.

Mich. Admin. Code R 317.181.1 Pittsfield township, Washtenaw county {#sec-r-317.181.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.181.1}

Rule 1. Hunting for a wild animal or wild bird with a firearm or bow and arrow or the discharge of a firearm or bow and arrow is prohibited within the following described area in Pittsfield township, Washtenaw county: Beginning in the northeast corner of section 1, T3S, R6E; thence southerly on the east township line to the intersection with interstate 94; thence westerly to the intersection of interstate 94 and the centerline of Ellsworth road; thence westerly on the centerline of Ellsworth road to the centerline of Lohr road; thence northerly on the centerline of Lohr road to interstate 94; thence northwesterly to the north township line of Pittsfield township in section 6, T3S, R6E; thence easterly on the north township line and continuing easterly to the point of beginning. Excepted from the above described area are all lands situated within the corporate limits of the city of Ann Arbor. This rule shall not apply to the discharge of firearms at target ranges under permit as may be authorized by the local unit of government.

History

• History: 1979 AC.

Mich. Admin. Code R 317.181.2 Superior township, portion; hunting prohibited {#sec-r-317.181.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.181.2}

Rule 2. Hunting with, or the discharge of, a firearm is unlawful in the south 1/2 of section 7, bounded on the north by state highway 14, and in sections 18, 19, 29, 30, 31, 32, 34, 35, and 36, T2S, R7E, Superior township, Washtenaw county.

History

• History: 1979 AC.

Mich. Admin. Code R 317.181.3 Superior township, portion; hunting restricted {#sec-r-317.181.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.181.3}

Rule 3. Hunting with, or the discharge of, a firearm, other than a shotgun loaded with shot not larger than no. 2, is unlawful in sections 5, 8, 9, 25, and 33, T2S, R7E, Superior township, Washtenaw county.

History

• History: 1979 AC.

Mich. Admin. Code R 317.181.4 Superior township, section 17; hunting with a rifle prohibited {#sec-r-317.181.4 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.181.4}

Rule 4. Hunting with, or the discharge of, a rifle is unlawful in section 17, T2S, R7E, Superior township, Washtenaw county.

History

• History: 1979 AC.

Mich. Admin. Code R 317.181.5 Northfield township, Whitmore lake; hunting prohibited {#sec-r-317.181.5 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.181.5}

Rule 5. Hunting with, or the discharge of, a firearm is unlawful over that portion of Whitmore lake extending 200 yards lakeward from the water's edge and on or over that portion of land extending 200 yards inland from the water's edge in sections 5 and 6, T1S, R6E, of Northfield township, Washtenaw county.

Regulation No. 182, Wayne county.

History

• History: 1982 AACS.

Mich. Admin. Code R 317.182.1 Plymouth township; hunting prohibited in certain area {#sec-r-317.182.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.182.1}

Rule 1. Hunting with, or the discharge of, a firearm is unlawful in that part of Plymouth township east of a line described as follows: Beginning at a point where Ann Arbor road enters Plymouth township in section 31; thence northeasterly on Ann Arbor road to Ridge road; thence north on Ridge road to the corner common to sections 19, 20, 29, and 30, T1S, R8E; thence west on the south section line of section 19, T1S, R8E, to the north-south centerline of section 19, T1S, R8E; thence northerly on the north-south centerline to the east-west centerline of section 19, T1S, R8E; thence east on the east-west centerline of section 19, T1S, R8E, to Ridge road; thence south on Ridge road to the north edge of the M-14 expressway; thence east on the M-14 expressway to Beck road; thence north on Beck road to the north line of Plymouth township.

History

• History: 1979 AC; 1983 AACS.

Mich. Admin. Code R 317.182.2 Canton township, part of section 6; hunting prohibited {#sec-r-317.182.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.182.2}

Rule 2. Hunting with, or the discharge of, a firearm, except at a target range recognized and approved by the township board, is unlawful in the south 1/2 of section 6, T2S, R8E.

History

• History: 1979 AC.

Mich. Admin. Code R 317.182.3 Canton township, section 4; hunting prohibited {#sec-r-317.182.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.182.3}

Rule 3. Hunting with, or the discharge of, a firearm, except at a target range recognized and approved by the township board, is unlawful in section 4, T2S, R8E. Bounded on the north by Joy road, on the east by Canton Center road, on the south by Warren road and on the west by Beck road.

History

• History: 1979 AC.

Mich. Admin. Code R 317.182.4 Canton township, eastern portion; hunting prohibited {#sec-r-317.182.4 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.182.4}

Rule 4. Hunting with, or the discharge of, a firearm, except at a target range recognized and approved by the township board, is unlawful in that part of Canton township east of Canton Center road.

History

• History: 1979 AC.

Mich. Admin. Code R 317.182.5 Brownstown township; hunting with rifle prohibited {#sec-r-317.182.5 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.182.5}

Rule 5. Hunting with, or the discharge of, a rifle, except at a target range recognized and approved by the township board, is unlawful in Brownstown township. The department of natural resources may issue permits to control the depredations of birds and animals by shooting or other methods.

History

• History: 1979 AC.

Mich. Admin. Code R 317.182.6 Brownstown township, portion; hunting prohibited {#sec-r-317.182.6 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.182.6}

Rule 6. Hunting with, or the discharge of, a firearm, except at a target range recognized and approved by the township board, is unlawful within the following described area of Brownstown township: Beginning at the junction of Vreeland road and interstate highway 75; thence east on Vreeland road to state highway M-85; thence southwest on state highway M-85 to Allen road; thence south on Allen road to Woodruff road; thence west on Woodruff road to the New York Central railroad; thence northeast on the New York Central railroad to Gibraltar road; thence west on Gibraltar road as extended to interstate highway 75; thence north on interstate highway 75 to the point of beginning. The department of natural resources may issue permits to control the depredations of birds and animals by shooting or other methods.

History

• History: 1979 AC.

Mich. Admin. Code R 317.182.7 Brownstown township, portion; hunting prohibited {#sec-r-317.182.7 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.182.7}

Rule 7. Hunting with, or the discharge of, a firearm, except at a target range recognized and approved by the township board, is unlawful in that part of Brownstown township between Telegraph road and interstate highway 75. The department of natural resources may issue permits to control the depredations of birds and animals by shooting or other methods.

History

• History: 1979 AC.

Mich. Admin. Code R 317.182.8 Brownstown township; portion; hunting prohibited {#sec-r-317.182.8 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.182.8}

Rule 8. Hunting with, or the discharge of, a firearm is unlawful in that part of Brownstown township described as follows: Beginning at a point where Telegraph road intersects with the north city limits of the city of Flat Rock; thence north on Telegraph road to West road; thence west on West road to Arsenal road; thence south on Arsenal road to the city limits of Flat Rock; thence east on the Flat Rock city limits line to the point of beginning.

History

• History: 1980 AACS.

Mich. Admin. Code R 317.182.9 Plymouth township; hunting restricted in certain area {#sec-r-317.182.9 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.182.9}

Rule 9. Hunting with, or the discharge of, a firearm, except a shotgun loaded with shot not larger than no. 6, is unlawful west of a line described as follows:

Beginning at a point where Ann Arbor road enters Plymouth township in section 31; thence northeasterly on Ann Arbor road to Ridge road; thence north on Ridge road to the corner common to sections 19, 20, 29, and 30, T1S, R8E; thence west on the south section line of section 19, T1S, R8E, to the north-south centerline of section 19, T1S, R8E; thence northerly on the north-south centerline to the east-west centerline of section 19, T1S, R8E; thence east on the east-west centerline of section 19, T1S, R8E, to Ridge road; thence south on Ridge road to the north edge of the M-14 expressway; thence east on the M-14 expressway to Beck road; thence north on Beck road to the north line of Plymouth township.

History

• History: 1983 AACS.

Mich. Admin. Code R 317.182.10 Plymouth township; hunting prohibited during certain portion of the year {#sec-r-317.182.10 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.182.10}

Rule 10. Hunting with, or the discharge of, a firearm is unlawful in Plymouth township during the period March 1 to October 19 each year, except at target ranges recognized and approved by the township board.

History

• History: 1983 AACS.

Mich. Admin. Code R 317.182.11 Canton township; hunting prohibited, exceptions {#sec-r-317.182.11 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.182.11}

Rule 11. Hunting with, or the discharge of, a firearm is unlawful in the north 1/2 of section 6 and in sections 5 and 9, T2S, R8E, except as follows:

(a) Hunting with, or the discharge of, a shotgun loaded with shot not larger than no. 6 is permitted from October 20 to March 1.

(b) The discharge of a firearm is permitted all year at target ranges that are registered with the township clerk.

History

• History: 1982 AACS.

Mich. Admin. Code R 317.182.12 Brownstown township; hunting or firearm discharge prohibited in certain portion {#sec-r-317.182.12 omnilex-key=us-mi-regs-official--dept-natural-resources--R 317.182.12}

Rule 12. Hunting with, or the discharge of, a firearm is unlawful in that part of section 11, T4S, R10E, Brownstown township, described as follows: Beginning at the junction of Sibley road and Allen road; thence south on Allen road to King road; thence east on King road to the common boundary of Brownstown township and the city of Riverview; thence north along this common boundary to Sibley road; thence west on Sibley road to the point of beginning.

History

• History: 1982 AACS.

Executive Division Executive Division

R 318.111 to R 318.147 Mackinac Island State Park Commission – General Rules

Mich. Admin. Code R 318.111 Definitions {#sec-r-318.111 omnilex-key=us-mi-regs-official--dept-natural-resources--R 318.111}

DEPARTMENT OF NATURAL RESOURCES

MACKINAC ISLAND STATE PARK COMMISSION

GENERAL RULES

(By authority conferred on the Mackinac Island state park commission by sections 76504, 76901, and 77702 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.76504, 324.76901, and 324.77702)

PART 1. DEFINITIONS

Rule 1. (1) As used in these rules:

(a) "Carrying passengers for hire" means the act of any person transporting passengers to any point or points on the road or roads for a specified monetary consideration or the act of accepting gratuities for transporting passengers to any point or points on the road or roads.

(b) "Commercial operations" means any activity that involves, directly or indirectly, the buying or selling of goods or services, or the exchange, or attempt or offer to exchange, goods or services for money or barter, by accepting gratuities or for anything of value.

(c) "Commission" means the Mackinac Island state park commission.

(d) "Director" means the director of the Mackinac Island state park commission.

(e) "Drays" means any horse-drawn vehicle used for the transportation of property, goods, or merchandise, either belonging to the owner of the dray or to others, with or without charge, whether the charge is a single fee or is established by contract.

(f) "Drive yourself carriage" means any horse-drawn vehicle for hire that is rented to another person or persons without the services of a driver being employed, engaged, provided, or suggested by the owner or operator of the carriage.

(g) “Electric bicycle” means a device an individual may ride that is equipped with a seat or saddle for use by the rider, fully operable pedals for human propulsion, and an electric motor of not greater than 750 watts.

(h) “Firework” means any composition or device, except for a starting pistol, a flare gun, or a flare, designed for the purpose of producing a visible or audible effect by combustion, deflagration, or detonation.

(i) "Hotel bus" means a horse-drawn vehicle that is licensed to a specific hotel, and operates over the roads of the Mackinac Island State Park, and does all of the following:

(i) Carries hotel passengers or their guests for a charge as approved by the Mackinac Island state park commission.

(ii) Operates on a fixed route or routes as designated by the Mackinac Island state park commission.

(iii) Makes infrequent deviations from the designated route or routes for the convenience of hotel guests or their party.

(j) "Livery carriage" means any horse-drawn vehicle for hire transporting passengers for scenic drives charging on a time basis, by the hour or fractions or multiples of an hour, and not at a fixed price per passenger.

(k) “Marquette Park” means that portion of Mackinac Island State Park bounded on the south by Main Street, on the west by Fort Street, on the east by the leasehold commonly known as Anne’s Cottage, and on the north by the bluff below Fort Mackinac.

(l) "Motor vehicle" means any device that is self-propelled, or partially selfpropelled, by which a person or property may be transported or drawn, including an electric bicycle. Motor vehicle does not include personal assistive mobility devices.

(m) “Personal Assistive Mobility Device” means any battery powered mobility device that is self-balancing, designed to transport only 1 individual at a time, has an electrical propulsion system with average power of 750 watts or 1 horsepower and a maximum speed on a paved level surface of not more than 15 miles per hour, and is used by an individual with a physical impairment that substantially limits the ability of the individual to walk. Personal assistive mobility device does not include gasoline powered devices, golf carts, riding lawn mowers, motorized bicycles, motorcycles, motorized skateboards, or other similar motorized vehicles.

(n) “Rental bicycle” means a bicycle, tricycle, or electric bicycle furnished to a visitor or resident to use in Mackinac Island State Park for a rental fee, whether that fee is separately identified or included in other charges, such as room rentals, either explicitly or implicitly.

(o) "Road" means any thoroughfare, roadway, riding trail, or driving trail that is situated on lands that are under the jurisdiction of the commission.

(p) "Saddle horse" means a riding horse furnished to a visitor or resident, for less than 1 week, for use in Mackinac Island State Park at a rental fee, whether that fee is separately identified or included in other charges, such as room rentals, either explicitly or implicitly.

(q) "Sight-seeing carriage" means any horse-drawn vehicle that carries passengers for hire over prescribed routes established by the commission.

(r) “Sky lantern” means an unmanned hot air balloon made of paper or other lightweight material that is launched into the atmosphere and has a flame inside the balloon.

(s) "State license identification plate" means a metallic plate issued by the commission that bears the license type, the year the plate is valid, a unique number, and any other information as determined by the commission.

(t) "Taxicab" means any horse-drawn vehicle carrying passengers for hire from 1 point on the island to another.

(u) “Unmanned aircraft” means an aircraft remotely operated without the possibility of direct human intervention from within or on the aircraft, whether used for recreational, commercial, academic, or governmental purposes.

(v) “Waterborne candle lantern" means an unmanned container that floats on water and contains a flame.

(2) A term defined in the act has the same meaning when used in these rules.

History

• History: 1979 AC; 2002 AACS; 2014 AACS; 2017 AACS; 2023 MR 11, Eff. June 8, 2023.

Mich. Admin. Code R 318.112 Rescinded {#sec-r-318.112 omnilex-key=us-mi-regs-official--dept-natural-resources--R 318.112}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 318.113 Rescinded {#sec-r-318.113 omnilex-key=us-mi-regs-official--dept-natural-resources--R 318.113}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 318.114 Rescinded {#sec-r-318.114 omnilex-key=us-mi-regs-official--dept-natural-resources--R 318.114}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 318.115 Rescinded {#sec-r-318.115 omnilex-key=us-mi-regs-official--dept-natural-resources--R 318.115}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 318.116 Rescinded {#sec-r-318.116 omnilex-key=us-mi-regs-official--dept-natural-resources--R 318.116}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 318.117 Rescinded {#sec-r-318.117 omnilex-key=us-mi-regs-official--dept-natural-resources--R 318.117}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 318.118 Rescinded {#sec-r-318.118 omnilex-key=us-mi-regs-official--dept-natural-resources--R 318.118}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 318.119 Rescinded {#sec-r-318.119 omnilex-key=us-mi-regs-official--dept-natural-resources--R 318.119}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 318.119a Rescinded {#sec-r-318.119a omnilex-key=us-mi-regs-official--dept-natural-resources--R 318.119a}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 318.119b Rescinded {#sec-r-318.119b omnilex-key=us-mi-regs-official--dept-natural-resources--R 318.119b}

History

• History: 1979 AC; 1980 AACS.

Mich. Admin. Code R 318.119c Rescinded {#sec-r-318.119c omnilex-key=us-mi-regs-official--dept-natural-resources--R 318.119c}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 318.119d Rescinded {#sec-r-318.119d omnilex-key=us-mi-regs-official--dept-natural-resources--R 318.119d}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 318.120 Rescinded {#sec-r-318.120 omnilex-key=us-mi-regs-official--dept-natural-resources--R 318.120}

PART 2. REGULATIONS

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 318.121 License fee required {#sec-r-318.121 omnilex-key=us-mi-regs-official--dept-natural-resources--R 318.121}

Rule 21. A person shall not operate any horse-drawn vehicle carrying passengers for hire over any roads until the person has been granted a license by the commission or its agent in writing and has paid the annual fee as determined by the commission.

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 318.122 Temporary permits {#sec-r-318.122 omnilex-key=us-mi-regs-official--dept-natural-resources--R 318.122}

Rule 22. (1) A person shall not operate a motor vehicle within the Mackinac Island state park without a temporary permit. The commission, or its duly authorized agent, shall issue a temporary permit for the operation of motor vehicles for emergency or public and private work as the commission shall prescribe and approve. An application for a temporary permit shall be submitted in writing to the commission or its duly authorized agent and shall set forth fully the reasons for the request and the period of the permit. The commission m a y require property damage and public liability insurance of any applicant in an amount sufficient, in its judgment, for adequate protection of persons and property. The director shall keep a written record of all permits issued, and the commission may revoke any permit at any time, giving notice in writing to the permit holder, and setting forth the reasons for the revocation. Persons with disabilities that rely on personal assistive mobility devices are not subject to this subrule and may operate their devices without permit in all properties under the jurisdiction of the Mackinac Island State Park Commission.

(2) The state of Michigan or any of its political subdivisions may operate its emergency and utility vehicles over the Mackinac Island state park roads in the normal performance of its governmental functions.

History

• History: 1979 AC; 2002 AACS; 2014 AACS.

Mich. Admin. Code R 318.122a Hotel bus license {#sec-r-318.122a omnilex-key=us-mi-regs-official--dept-natural-resources--R 318.122a}

Rule 22a. Any hotel operating on Mackinac Island may apply for and be granted a license to operate a hotel bus after the payment of a fee if the commission determines both of the following:

(a) That the application is made by the hotel owner and the bus is to be operated for the convenience of hotel guests and those accompanying them.

(b) That the location of the hotel is such that it is necessary to provide transportation for guests to and from the docks.

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 318.122b Dray license {#sec-r-318.122b omnilex-key=us-mi-regs-official--dept-natural-resources--R 318.122b}

Rule 22b. Any person operating a dray within the Mackinac Island state park shall have a license issued by the commission. The commission may establish the rate for dray services.

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 318.123 Applications for licenses {#sec-r-318.123 omnilex-key=us-mi-regs-official--dept-natural-resources--R 318.123}

Rule 23. An application for a license to operate a horse-drawn vehicle for hire or saddle horse for hire shall be made to the commission in writing.

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 318.124 Identification plates {#sec-r-318.124 omnilex-key=us-mi-regs-official--dept-natural-resources--R 318.124}

Rule 24. A person shall not operate a horse-drawn vehicle for hire unless the person's carriage or carriages are equipped with a "state license identification plate" which shall be furnished by the commission and which shall continue to be the property of the state of Michigan.

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 318.125 Routes; solicitation; services {#sec-r-318.125 omnilex-key=us-mi-regs-official--dept-natural-resources--R 318.125}

Rule 25. Before the beginning of each summer season, the commission shall prescribe the routes, the manner and place of passenger solicitation, and types of services to be offered by each vehicle classification.

History

• History: 1979 AC.

Mich. Admin. Code R 318.126 Rescinded {#sec-r-318.126 omnilex-key=us-mi-regs-official--dept-natural-resources--R 318.126}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 318.127 Violation of rules {#sec-r-318.127 omnilex-key=us-mi-regs-official--dept-natural-resources--R 318.127}

Rule 27. Any person violating any of these rules or other conditions of a license may have his or her license revoked or suspended.

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 318.128 Fares and charges {#sec-r-318.128 omnilex-key=us-mi-regs-official--dept-natural-resources--R 318.128}

Rule 28. Before the beginning of each summer season, the commission shall, by resolution, prescribe the maximum fares of any kind and maximum authorized fees to be charged by operators of any and all licensed vehicles.

History

• History: 1979 AC.

Mich. Admin. Code R 318.129 Nontransferability of state license {#sec-r-318.129 omnilex-key=us-mi-regs-official--dept-natural-resources--R 318.129}

Rule 29. The "state license identification plate" issued by the commission shall be securely and conspicuously attached to each vehicle without visible obstruction and shall not be transferred to any other vehicle, except with consent of the commission or its authorized agent.

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 318.130 Inspection of vehicles and horses {#sec-r-318.130 omnilex-key=us-mi-regs-official--dept-natural-resources--R 318.130}

Rule 30. Each vehicle licensed and the horses used to draw the vehicle shall be subject to inspection by the commission or its authorized agent at any time within the discretion of the commission. Inspection shall be made for the purpose of assuring safely constructed vehicles and properly conditioned horses. The commission shall prohibit the use of any vehicle which, in its judgment, is unsafe and any horses which, in its judgment or the judgment of its duly authorized agent, are not properly safe and conditioned for the work for which the horses are being used.

History

• History: 1979 AC.

Mich. Admin. Code R 318.131 Operators {#sec-r-318.131 omnilex-key=us-mi-regs-official--dept-natural-resources--R 318.131}

Rule 31. No person shall be permitted to operate any horse-drawn vehicle carrying passengers for hire who, in the judgment of the commission or its duly authorized agent, is not competent to handle horses humanely and safely, or whose personal conduct is such as to endanger public safety or persons and/or property.

History

• History: 1979 AC.

Mich. Admin. Code R 318.132 Public liability and property damage insurance {#sec-r-318.132 omnilex-key=us-mi-regs-official--dept-natural-resources--R 318.132}

Rule 32. The commission shall require every carriage and/or its owner to carry public liability insurance against loss of life or injury or property damage in an amount to be determined by the commission at the commencement of each summer season. The summer season shall be defined as the months of May, June, July, August, September, and October. Any person engaged in either sight-seeing service or taxicab service during the months of November, December, January, February, March and April shall carry similar liability insurance on the carriages that are being operated during that period.

History

• History: 1979 AC.

Mich. Admin. Code R 318.133 Conduct of licensee's employees {#sec-r-318.133 omnilex-key=us-mi-regs-official--dept-natural-resources--R 318.133}

Rule 33. Any person licensed to operate vehicles under these rules is responsible for the conduct of the person's employees.

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 318.134 Agreements with licensees {#sec-r-318.134 omnilex-key=us-mi-regs-official--dept-natural-resources--R 318.134}

Rule 34. The commission shall annually enter into ageements with licensees for the purpose of prescribing conditions of operation.

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 318.135 Rescinded {#sec-r-318.135 omnilex-key=us-mi-regs-official--dept-natural-resources--R 318.135}

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 318.136 Number of carriage licenses {#sec-r-318.136 omnilex-key=us-mi-regs-official--dept-natural-resources--R 318.136}

Rule 36. On or before June 1 of each year, the commission shall issue the number of licenses for horse-drawn vehicles carrying passengers for hire that in its judgment will adequately serve the public, but not more than the following maximum numbers:

(a) Sight-seeing carriages............... 55 licenses.

(b) Taxicabs....................... 17 licenses.

(c) Drive-yourself carriages....... 18 licenses.

(d) Livery carriages............... 21 licenses.

History

• History: 1979 AC; 1981 AACS; 1982 AACS; 2002 AACS.

Mich. Admin. Code R 318.141 Scope; "proper permission" defined {#sec-r-318.141 omnilex-key=us-mi-regs-official--dept-natural-resources--R 318.141}

Rule 41. (1) These rules govern the use of and occupancy of the Mackinac Island state park, the Historic Mill Creek state park, and the Michilimackinac state park.

(2) "Proper permission," as used in R 318.142 to R 318.145, means a written permit or license authorized by the commission and issued by its director or authorized representative.

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 318.142 Signs, fences, improvements, and posted lands {#sec-r-318.142 omnilex-key=us-mi-regs-official--dept-natural-resources--R 318.142}

Rule 42. (1) It is unlawful to do any of the following on state-owned lands without proper permission:

(a) Post, place, or erect signs.

(b) Place or distribute advertising material.

(c) Erect a fence or barrier.

(d) Contruct or occupy improvements.

(e) Enclosed state-owned lands.

(2) It is unlawful to move, remove, destroy, mutiliate, or deface posters, notices, signs, or markers of the commission or of any other agency of government.

(3) It is unlawful to enter, use, or occupy park lands for any purpose when they are posted against such entry, use, or occupancy, as ordered by the commission.

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 318.143 Camping and hunting {#sec-r-318.143 omnilex-key=us-mi-regs-official--dept-natural-resources--R 318.143}

Rule 43. (1) A person shall not camp within the Mackinac Island state park, Historic Mill Creek state park, or Michilimackinac state park.

(2) A person shall not hunt in Mackinac Island state park or Michilimackinac state park.

History

• History: 1979 AC; 2002 AACS; 2014 AACS.

Mich. Admin. Code R 318.144 Refuse and fires {#sec-r-318.144 omnilex-key=us-mi-regs-official--dept-natural-resources--R 318.144}

Rule 44. (1) A person shall not use park lands or facilities as a place to keep or dispose of refuse, rubbish, trash, garbage, or other litter. This does not apply to refuse or garbage resulting from legal uses of park lands, which shall be placed in proper receptacles.

(2) A person shall not build fires except in designated places or in stoves or grills as approved by an authorized representative of the commission.

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 318.145 Vehicles, personal assistive mobility devices, electric bicycles, and animals {#sec-r-318.145 omnilex-key=us-mi-regs-official--dept-natural-resources--R 318.145}

Rule 45. (1) Though some of the roads within Mackinac Island State Park may be capable of supporting a motor vehicle, none of the roads are designed for motor vehicular travel. A person shall not operate a motor vehicle anywhere within Mackinac Island State Park without proper permission. On other land under the jurisdiction of the commission, a person shall not operate a motor vehicle without proper permission, except in an area or on a road clearly designated for the parking or operation of motor vehicles.

(2) An individual with a physical impairment that substantially limits the ability of the individual to walk that relies on a personal assistive mobility device may operate the device without a permit on all properties under the jurisdiction of the commission, provided that the individual does not carry any passengers. Carrying passengers on a personal assistive mobility device is prohibited.

(3) An individual shall not operate an electric bicycle within Mackinac Island State Park.

(4) Notwithstanding subrule (3) of this rule, an individual with a physical impairment that substantially limits the ability of the individual to pedal a bicycle may use an electric bicycle within Mackinac Island State Park only if the electric bicycle has a manufacturer’s label confirming that it is a class 1 electric bicycle. An electric bicycle is a class 1 electric bicycle if it is equipped with an electric motor that provides assistance only when the rider is pedaling and that disengages or ceases to function when the electric bicycle reaches a speed of 20 miles per hour.

(5) An individual shall not ride or lead a horse, other riding animal, or pack animal on, or allow the animal or any animal-drawn vehicle to use or travel on, any areas determined unsafe for such use by order of the commission and posted against such use.

(6) An individual shall not possess a dog on land under the jurisdiction of the commission unless it is under the individual's immediate control or have a dog within any area used as a bathing beach. A dog that is found not in the possession of or under the immediate control of its owner or the owner's agent, or any dog found creating a nuisance or disturbance, may be removed or placed under restraint.

History

• History: 1979 AC; 2002 AACS; 2014 AACS; 2023 MR 11, Eff. June 8, 2023.

Mich. Admin. Code R 318.145a Rescinded {#sec-r-318.145a omnilex-key=us-mi-regs-official--dept-natural-resources--R 318.145a}

History

• History: 1979 AC; 1980 AACS.

Mich. Admin. Code R 318.145b Saddle horse licenses {#sec-r-318.145b omnilex-key=us-mi-regs-official--dept-natural-resources--R 318.145b}

Rule 45b. (1) The commission, upon receipt of proper application, may issue annual licenses for a number of saddle horses for use in Mackinac Island state park as the commission determines are needed in the interest of public safety and proper service to the public.

(2) Licenses are nontransferable and shall be surrendered to the issuing authority upon demand if any transfer is attempted or if ownership of the licensed business or its location is changed or altered in any way.

(3) The commission shall establish the license fees, terms, and conditions, including the maximum rates per hour charged, under which saddle horses may be supplied for use in the state park.

History

• History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 318.145c Rental bicycle licenses {#sec-r-318.145c omnilex-key=us-mi-regs-official--dept-natural-resources--R 318.145c}

Rule 45c. (1) The commission, after receipt of a completed application, may issue annual licenses for a number of rental bicycles for use in Mackinac Island State Park, as the commission determines are needed in the interest of public safety and proper service to the public.

(2) An applicant may request on the application to rent electric bicycles to customers, but the request must be accompanied by a certification that the applicant will rent only class 1 electric bicycles to an individual with a physical impairment that substantially limits the ability of the individual to pedal a bicycle.

(3) Licenses are nontransferable and must be surrendered to the issuing authority on demand if any transfer is attempted or if ownership of the licensed business or its location is changed or altered in any way.

(4) The commission shall establish the license fees, terms, and conditions under which rental bicycles may be supplied for use in the state park. Licenses are subject to revocation if their terms or conditions are violated.

History

• History: 2017 AACS; 2023 MR 11, Eff. June 8, 2023.

Mich. Admin. Code R 318.146 Miscellaneous unlawful acts {#sec-r-318.146 omnilex-key=us-mi-regs-official--dept-natural-resources--R 318.146}

Rule 46. On lands under the jurisdiction of the commission, it is unlawful for a person to do any of the following:

(a) Use the lands for commercial operations without proper permission. In considering whether to grant permission, the commission shall consider all of the following factors:

(i) The interference with the safety, health, and welfare of the public.

(ii) The need for the service.

(iii) Whether the service is a duplication of available services.

(b) Use a loudspeaker or public address system without proper permission. The commission shall not grant permission if the system is capable of interfering with horsedrawn traffic by having the effect of frightening horses, and endangering the safety of passengers in the vehicles, pedestrians, bicycle riders, and others.

(c) Store or leave a boat, fish shanty, camping equipment, or other property without proper permission.

(d) Enter buildings or areas that has an established admission fee without payment of the fee, or without permission given by the commission, a commissioner, the director, or deputy director under order of the commission. Permission normally is given only to a person on business with the commission, any member of the commission, or any duly authorized staff member.

(e) For any lessee, licensee, or concessionaire to use, construct, or occupy any building within the park that is not furnished with an approved dry chemical fire extinguisher.

(f) For any lessee, licensee, or concessionaire to exercise his or her privileges within the park without procuring and keeping in effect public liability and property damage insurance, as the commission may determine as adequate.

(g) For a person to furnish a saddle horse to an individual for use in the Mackinac Island State Park, unless a current license has been issued by the commission for the use of the saddle horse in the park.

(h) Engage in any violent, abusive, loud, boisterous, wanton, obscene, or otherwise disorderly conduct creating a breach of the peace; loiter, sit, or lie on walks, passages, steps, or porches thereby obstructing the free passage of others; or remove, damage, or steal the property of another.

(i) Hold or participate in any type of road race or speed contest without proper permission.

(j) Conduct excavations, diggings, or surveys without proper permission.

(k) Carry or possess a metal detector without proper permission.

(l) Remove any archeological materials or artifacts without proper permission.

(m) Possess or consume alcoholic beverages in Marquette Park between the hours of 10:00 p.m. and 8:00 a.m.

(n) Launch or use a sky lantern or waterborne candle lantern.

(o) Use or operate an unmanned aircraft without proper written permission.

(p) Use or sell fireworks.

(q) Do any of the following without proper permission:

(i) Carry or possess a firearm unless unloaded in both barrel and magazine. An individual with a valid Michigan concealed pistol license is not subject to this rule.

(ii) Shoot an air rifle, air pistol, paintball-emitting device of any kind, or slingshot.

(iii) Shoot a bow and arrow or crossbow.

History

• History: 1979 AC; 1988 AACS; 2002 AACS; 2014 AACS; 2017 AACS; 2023 MR 11, Eff. June 8, 2023.

Mich. Admin. Code R 318.147 Rescinded {#sec-r-318.147 omnilex-key=us-mi-regs-official--dept-natural-resources--R 318.147}

History

• History: 1979 AC; 2002 AACS.

Parks and Recreation Division Parks and Recreation Division

R 318.201 to R 318.211 Recreation Bond Program

Mich. Admin. Code R 318.201 Rescinded {#sec-r-318.201 omnilex-key=us-mi-regs-official--dept-natural-resources--R 318.201}

DEPARTMENT OF NATURAL RESOURCES

FINANCE AND OPERATIONS DIVISION

RECREATION BOND PROGRAM

(By authority conferred on the department of natural resources, by section 71514 of 1994 PA 451, MCL 324.71514)

History

• History: 1989 AACS; 2014 AACS.

Mich. Admin. Code R 318.202 Rescinded {#sec-r-318.202 omnilex-key=us-mi-regs-official--dept-natural-resources--R 318.202}

History

• History: 1989 AACS; 2014 AACS.

Mich. Admin. Code R 318.203 Rescinded {#sec-r-318.203 omnilex-key=us-mi-regs-official--dept-natural-resources--R 318.203}

History

• History: 1989 AACS; 2014 AACS.

Mich. Admin. Code R 318.204 Rescinded {#sec-r-318.204 omnilex-key=us-mi-regs-official--dept-natural-resources--R 318.204}

History

• History: 1989 AACS; 2014 AACS.

Mich. Admin. Code R 318.205 Rescinded {#sec-r-318.205 omnilex-key=us-mi-regs-official--dept-natural-resources--R 318.205}

History

• History: 1989 AACS; 2014 AACS.

Mich. Admin. Code R 318.206 Rescinded {#sec-r-318.206 omnilex-key=us-mi-regs-official--dept-natural-resources--R 318.206}

History

• History: 1989 AACS; 2014 AACS.

Mich. Admin. Code R 318.207 Rescinded {#sec-r-318.207 omnilex-key=us-mi-regs-official--dept-natural-resources--R 318.207}

History

• History: 1989 AACS; 2014 AACS.

Mich. Admin. Code R 318.208 Rescinded {#sec-r-318.208 omnilex-key=us-mi-regs-official--dept-natural-resources--R 318.208}

History

• History: 1989 AACS; 2014 AACS.

Mich. Admin. Code R 318.209 Post-completion responsibilities {#sec-r-318.209 omnilex-key=us-mi-regs-official--dept-natural-resources--R 318.209}

Rule 9. The local unit of government shall be required to operate and maintain a site developed with fund assistance as follows:

(a) The site shall be maintained to appear attractive and inviting to the public.

(b) Sanitation and sanitary facilities shall be maintained in accordance with applicable health standards.

(c) Sites shall be kept safe for public use. Fire prevention equipment, life saving equipment, and similar safety efforts shall be maintained for public safety.

(d) Facilities shall be maintained to prevent undue deterioration and to encourage public use.

(e) Sites shall be kept open for public use at times appropriate to the type of area or facility.

(f) Access to a site shall not be denied a person on the basis of residence.

Preferential reservation, membership, or annual permit systems are prohibited, except to the extent that differences in admission and other fees may be instituted on the basis of residence. Nonresident fees shall not be more than twice that charged residents. If resident fees are not charged, nonresident fees shall not be more than the rate charged residents at other facilities in the area open to the public.

(g) Local units of government may impose reasonable limits on the type and extent of use of a facility when such limitations are necessary for maintenance or safety.

Thus, limitations may be imposed on the numbers of persons who use a facility or the type of users, such as "hikers only" or "bicyclists only."

(h) Any site, or portions thereof, developed with fund assistance shall not be sold, disposed of, or converted to a use other than that use specified in the project agreement without the express approval of the commission. The commission has the authority to deny requests or require mitigation for sale, disposal, or conversion on a case-by-case basis. The denial of requests or the requiring of mitigation shall be based on an evaluation of the effect of such action on the original intent for which the grant was given.

(i) Local units of government are not required to continue the operation of a facility beyond its useful life. The operation of facilities funded under this program may be discontinued upon approval of the commission.

(j) Failure to comply with post-completion responsibilities as specified in subdivisions (a) to (i) of this rule shall be considered cause for the commission to take the following action or actions, as deemed appropriate:

(i) Withholding future payments to the local unit of government on any or all current recreation grant projects until the compliance issue is resolved.

(ii) Withholding action on all pending and future grant applications of the local unit of government submitted under the recreation bond, natural resources trust fund, and land and water conservation fund programs.

(iii) Other mitigation as required by the commission.

History

• History: 1989 AACS.

Mich. Admin. Code R 318.210 Inspection responsibilities {#sec-r-318.210 omnilex-key=us-mi-regs-official--dept-natural-resources--R 318.210}

Rule 10. To determine whether sites developed with fund assistance are being maintained for the use specified in the project agreement, these rules, and the act, the department shall conduct compliance inspections not more than 5 years after the date of final payment to the local unit and, thereafter, periodically for the life of the facility.

History

• History: 1989 AACS.

Mich. Admin. Code R 318.211 Rescinded {#sec-r-318.211 omnilex-key=us-mi-regs-official--dept-natural-resources--R 318.211}

History

• History: 1989 AACS; 2014 AACS.

Wildlife Division Wildlife Division

R 322.2.1 to R 322.73.1 Wilderness and Natural Areas

Mich. Admin. Code R 322.2.1 Wagner Falls scenic site {#sec-r-322.2.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 322.2.1}

DEPARTMENT OF NATURAL RESOURCES

WILDLIFE DIVISION

WILDERNESS AND NATURAL AREAS

(By authority conferred on the director of the department of natural resources by 1994 PA 451, MCL 324.35103 and Executive Reorganization Order No. 1991-22, MCL 299.13)

Regulation No. 2, Alger county.

Rule 1. The following described area is proposed for rededication as a natural area under the designation of the Wagner Falls scenic site: That part of NE1/4 of NW1/4 Sec.14 lying S'ly of highway M-94, 13.59 acres; that part of N1/2 of N1/2 of SW1/4 of NE1/4 Sec. 14 lying SW'ly of highway M-28, 5.5 acres; and all that land situated in the NW1/4 of NE1/4 Sec. 14, as follows: From the one-quarter corner common to Secs. 11 and 14, 560 feet S to the right-of-way line of highway M-28 which is the point of beginning; thence S on N and S one-quarter line of Sec. 14 for a distance of 760 feet to one-eighth corner; thence E'ly on N one-eighth line of Sec. 14 for a distance of 618 feet to right-of-way line of highway M-28, thence NW'ly along said right-of-way line to point of beginning, 3.53 acres; T46N, R19W, Munising township, Alger county, covering entire Wagner Falls state scenic site. Total 22.62 acres.

History

• History: 1979 AC.

Mich. Admin. Code R 322.2.2 Laughing Whitefish Falls scenic site {#sec-r-322.2.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 322.2.2}

Rule 2. The following described area is proposed for rededication pursuant to Act No. 241 of the Public Acts of 1972, being S322.751 et seq. of the Michigan Compiled Laws, as a natural area under the designation of the Laughing Whitefish Falls scenic site: W1/2 and NW1/4 of NE1/4 Sec. 16, T46N, R22W, Rock River township, Alger county. Total 360 acres.

Regulation No. 3, Allegan county.

History

• History: 1979 AC.

Mich. Admin. Code R 322.3.1 Saugatuck Dunes natural area {#sec-r-322.3.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 322.3.1}

Rule 1. The following described area in Saugatuck state park is dedicated as a natural area under the designation of Saugatuck Dunes natural area: Easterly 50 acres of the south 1/2 of the north 1/2, and south fractional 1/2 of section 33; commencing at northwest corner of the southwest 1/4 of northwest 1/4 of section 34, east 93.3 feet, southwesterly to point 93.3 feet south of point of beginning, north to beginning; T4N, R16W, Lake Town township, Allegan county, containing 291 acres, more or less.

Regulation No. 11, Berrien county.

History

• History: 1988 AACS.

Mich. Admin. Code R 322.11.1 Warren Dunes nature study area {#sec-r-322.11.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 322.11.1}

Rule 1. The following described area is dedicated as a natural area under the designation of Warren Dunes nature study area: All the state-owned and stateleased lands in section 25, described as: W 25 acres of N1/2 of NE1/4 except 3 acres lying N of private road; W 60 acres of N1/2 of SW1/4; S1/2 of SW1/4 lying W of Red Arrow highway (former US-12); and section 26, entire frl.; T6S, R20W, Lake township, Berrien county. Total 488.41 acres.

History

• History: 1979 AC.

Mich. Admin. Code R 322.11.2 Warren Woods nature study area {#sec-r-322.11.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 322.11.2}

Rule 2. The following described area is dedicated as a natural area under the designation of Warren Woods nature study area: W1/2 of section 27, lying S of Warren Woods road, and N of a line 1,909 feet N of and parallel to Townline road, T7S, R20W, Chikaming township, Berrien county, administered as part of Warren Dunes state park. Total 179 acres, more or less.

Regulation No. 27, Gogebic county.

History

• History: 1979 AC.

Mich. Admin. Code R 322.27.1 Presque Isle river scenic site {#sec-r-322.27.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 322.27.1}

Rule 1. The following described area in the Porcupine mountains wilderness state park is rededicated as a natural area under the designation of the Presque Isle river scenic site: That part of section 4 lying W'ly of a line 100 feet E'ly of the E bank of the Presque Isle river; and that part of section 5 lying E'ly of the Presque Isle river road: T49N, R45W. That part of section 19 lying E'ly of the Presque Isle river road as extended to Lake Superior; that part of section 20 lying W'ly of a line 1/4 mile E'ly of the outside bends of the Presque Isle river; that part of section 29 lying W'ly of a line 1/4 mile E'ly of the outside bends of the Presque Isle river and N'ly of a line 200 feet N of the South Boundary road; that part of sections 30 & 3l lying E'ly of the Presque Isle river road, except 200 feet either side of the centerline of the South Boundary road; and that part of section 32 lying E'ly of the Presque Isle river road and W'ly of a line 100 feet E of the E bank of the Presque Isle river, T50N, R45W, Wakefield township, Gogebic county. Total scenic site area l,465 acres.

History

• History: 1979 AC.

Mich. Admin. Code R 322.27.2 Porcupine mountains wilderness area {#sec-r-322.27.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 322.27.2}

Rule 2. The following described area in the Porcupine mountains wilderness state park is rededicated as a wilderness area under the designation of the Porcupine mountains wilderness area: That part of section 4, lying E of a line 1/4 mile E'ly of the outside bends of the Presque Isle river, T49N, R45W. Entire sections 1, 2, 10, 11 & 12; that part of sections 13, 14, 15, 16, 21 & 24 lying N of a line 200 feet N'ly of the South Boundary road; that part of section 20 lying N of a line 200 feet N'ly of the South Boundary road and E of a line 1/4 mile E'ly of the outside bends of the Presque Isle river; that part of section 29 lying N of a line 200 feet N'ly of the South Boundary road and S of a line 200 feet S'ly of the South Boundary road and E of a line 1/4 mile E'ly of the outside bends of the Presque Isle river; that part of Sec. 32 lying E of a line 1/4 mile E'ly of the outside bends of the Presque Isle river; and section 33, S 1/2; including existing cabins and shelters as nonconforming uses; T50N, R45W, Wakefield township, Gogebic county. Total area in Gogebic county, 5,798.40 acres. Total wilderness area, Gogebic and Ontonagon counties combined, 40,808 acres, more or less. See R 322.66.1 for that portion of the Porcupine mountains wilderness area which lies in Ontonagon county.

Regulation No. 38, Jackson county.

History

• History: 1979 AC.

Mich. Admin. Code R 322.38.1 Black Spruce Bog {#sec-r-322.38.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 322.38.1}

Ru1e l. The following described area is dedicated as a natural area under the designation of the Black Spruce Bog nature study area: SW1/4 of NE1/4 section 16, T1S, R2E, Waterloo township, Jackson county. Total 40 acres.

Regulation No. 49, Mackinac county.

History

• History: 1979 AC.

Mich. Admin. Code R 322.49.1 Mixed Forest natural area, Bois Blanc island {#sec-r-322.49.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 322.49.1}

Rule l. The following described area is dedicated as a natural area under the designation of the Mixed Forest nature study area: Section 6, entire, except the N 1,000 feet; section 7, lots 1, 2, and 3, and all that part of lots 4 to 8 lying E'ly of the McCrea road, including Bob-Lo drive and Baseline road as nonconforming uses, township of Bois Blanc, Mackinac county. Total: 968 acres, more or less.

History

• History: 1979 AC.

Mich. Admin. Code R 322.49.2 Snake Island-Mud Lake natural area, Bois Blanc island {#sec-r-322.49.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 322.49.2}

Rule 2. The following described area is dedicated as a natural area under the designation of Snake Island-Mud Lake nature study area: Section 26, lots 1, 2, and 3, except land commencing at section line between sections 25 and 26 on bank of Lake Huron, thence W'ly on section line 20 rods, S 21 degrees W 10 rods, thence S 79 degrees E to lake, thence N'ly along lake to point of beginning; and excepting Bob-Lo drive; township of Bois Blanc, Mackinac county. Total: 244.41 acres.

History

• History: 1979 AC.

Mich. Admin. Code R 322.49.3 Northshore natural area, Bois Blanc island {#sec-r-322.49.3 omnilex-key=us-mi-regs-official--dept-natural-resources--R 322.49.3}

Rule 3. The following described area is dedicated as a natural area under the designation of the Northshore research natural area: Section 5, lots 2 to 9, and the N 1,000 feet of section 6, including the road to Lighthouse point and Bob-Lo drive as a nonconforming use, township of Bois Blanc, Mackinac county. Total: 8l7.4l acres.

History

• History: 1979 AC.

Mich. Admin. Code R 322.49.4 Little Brevort Lake scenic site {#sec-r-322.49.4 omnilex-key=us-mi-regs-official--dept-natural-resources--R 322.49.4}

Rule 4. The following described area in the Mackinac state forest is dedicated as a natural area under the designation of Little Brevort Lake scenic site: southwest 1/4 of northeast 1/4, southeast 1/4 of northwest 1/4, northeast 1/4 of southwest 1/4 lying northerly of Edison Sault electric transmission line, government lots 1, 2, and 3 lying northerly of transmission line, southwest 1/4 of southeast 1/4 lying northerly of transmission line of section 23; government lots 1, 3, 4, and 5, government lot 2, except north 660 feet of section 24; north 1/2 of northeast 1/4 lying westerly of Edison Sault electric distribution line, north 1/2 of northwest 1/4 lying northerly of transmission line of section 25; T42N, R6W. Total of 542.40 acres.

Regulation No. 50, Macomb county.

History

• History: 1979 AC.

Mich. Admin. Code R 322.50.1 Shadbush Tract nature study area {#sec-r-322.50.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 322.50.1}

Rule 1. The following described area is dedicated as a natural area under the designation of the Shadbush Tract nature study area: All that part of NW1/4 of NE1/4 and N1/2 of NW1/4, section 29, lying W'ly of the Clinton river and N of a line 400 feet N of Hamlin road, T3N, R12E, Shelby township, Macomb county. Total approximately 70 acres.

Regulation No. 55, Menominee county.

History

• History: 1979 AC.

Mich. Admin. Code R 322.55.1 Carney Fen natural area {#sec-r-322.55.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 322.55.1}

Rule 1. The following described area is dedicated as a natural area under the designation of the Carney Fen Natural Area: the parcels of land are located in Section 17, T37N, R27W, Faithhorn township, Menominee county, and Sections 20-21 and 28- 32, T37N, R27W, Holmes township, Menominee county, specifically the parcels of S 1/2 of NE 1/4 of NE 1/4, SE 1/4 of NE 1/4, SE 1/2 split along diagonal from NE-corner to SW-corner of SW 1/4 of NE 1/4, SE 1/4, SE 1/2 split along diagonal from NE-corner to SW-corner of NE 1/4 of SW 1/4, SE 1/4 of SW 1/4, SE 1/2 split along diagonal from NE-corner to SW-corner of SW 1/4 of SW 1/4, Section 17, T37N, R27W, Faithhorn township, Menominee county; E 1/2 of NE 1/4, NW 1/4 of NE 1/4, W 1/2 of SE 1/4, NE 1/4 of SE 1/4, E 1/2 of SW 1/4, E 1/2 of NW 1/4, NW 1/4 of NW 1/4, Section 20, T37N, R27W, Holmes township, Menominee county; NE 1/4, W 1/2, Section 21, T37N, R27W, Holmes township, Menominee county; S 1/2 of SW 1/4, W 1/2 of NW 1/4, Section 28, T37N, R27W, Holmes township, Menominee county; W 1/2 of NE 1/4, SE 1/4 of NE 1/4, S 1/2, E 1/2 of NW 1/4, Section 29, T37N, R27W, Holmes township, Menominee county; W 1/2 of SE 1/4, Section 30, T37N, R27W, Holmes township, Menominee county; NE 1/4, S 1/2 of NW 1/4, NE 1/4 of NW 1/4, Section 31, T37N, R27W, Holmes township, Menominee county; and the NW 1/4, Section 32, T37N, R27W, Holmes township, Menominee county, except the NW 1/4 of NW 1/4, and except that portion located east of unnamed road extending easterly off Pokovich Ln.

No. 29.4 road (which extends easterly off county road 577, at a point approximately 2 2/3 miles south of village of Nathan and 1/3 mile north of village of Gardner) then heads northeasterly to county road 374 or county road G18 (intersecting at a point on county road 374 or G18 located approximately 3 miles east of village of Nathan) with said unnamed road segment running nearly north-to-south on eastern side of NE 1/4 of NW 1/4 block down to nearlydiagonally northeast-to-southwest through the SE 1/4 of NE 1/4 block (of Section 32, T37N, R27W, Holmes township, Menominee county); the Carney fen natural area excludes the right-of-way ("ROW") of county road 374 or county road G18, which divides the area into north unit (north of road easement) and south unit (south of easement); for total of approximately 2325.6 acres, or approximately 941.1 hectares, more or less ("m/l").

Regulation No. 61, Muskegon county.

History

• History: 2009 AACS.

Mich. Admin. Code R 322.61.1 Hoffmaster wild area {#sec-r-322.61.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 322.61.1}

Rule 1. The following described area in the Hoffmaster state park is dedicated as a natural area under the designation of Hoffmaster wild area:T9N, Rl7W: section 36, part of northeast 1/4 of the southeast 1/4 and government lots 3 and 4 described as beginning at the southeast corner of section 36, thence north 24 degrees west 2,715 feet, thence westerly 1,925 feet, more or less, to Lake Michigan, thence southeasterly along the shoreline to the south line of section 36, thence easterly to the point of beginning. The total area in Muskegon county is 106 acres, more or less.

Regulation No. 63, Oakland county.

History

• History: 1979 AC.

Mich. Admin. Code R 322.63.1 Proud Lake nature study area {#sec-r-322.63.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 322.63.1}

Rule 1. The following described area is dedicated as a natural area under the designation of the Proud Lake nature study area: The state-owned land in the W1/2 of section 21, T2N, R8E, Oakland county, lying north of Glengary road, comprising the S1/2 of NE1/4 of NW1/4, 20 acres; that part of the south 44 acres of the W1/2 of NW1/4 lying east of creek, 19 acres; SE1/4 of NW1/4, 40 acres; and that part of the N1/2 of SW1/4 lying north of Glengary road, 26 acres. Total 105 acres.

History

• History: 1979 AC.

Mich. Admin. Code R 322.63.2 Haven Hill natural area {#sec-r-322.63.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 322.63.2}

Rule 2. The following described area in the Highland state recreation area is dedicated as a natural area under the designation of Haven Hill natural area: T3N, R7E: section 24, east 1/2, except west 650 feet of north 300 feet and east 400 feet of south 700 feet lying south of M-59.T3N, R8E: section 19, north 1/2 lying south of M- 59 and lying west of park entrance road, except a parcel 400 feet wide lying north of entrance road between old and new M-59, north 1/2 of southwest 1/4, southwest 1/4 of southwest 1/4, except south 460 feet of west 400 feet, north 1/2 of southeast 1/4 lying north and west of park entrance road; section 30, northwest 1/4 of northwest 1/4 lying north of road. The total area in Oakland county is 721.12 acres.

Regulation No. 66, Ontonagon county.

History

• History: 1979 AC.

Mich. Admin. Code R 322.66.1 Porcupine mountains wilderness area {#sec-r-322.66.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 322.66.1}

Rule 1. The following described area in the Porcupine mountains wilderness state park is rededicated as a wilderness area under the designation of the Porcupine mountains wilderness area: Sections 5 & 16, entire; T 50N, R43W. Sections 1 to 10, entire; sections 11 & 12, entire except those lands lying 200 feet on either side of the centerline of Summit Peak road; sections 14 to 18, entire; that part of sections 19 to 22, lying N'ly of a line 200 feet N of the South Boundary road; including existing shelters and cabins as nonconforming uses, T50N, R44W. Section 7, entire; section 18, entire except those lands lying 200 feet either side of highway M-107; and sections 19, 30 & 31, entire; T51N, R42W. Entire fractional township except those lands lying 200 feet either side of highway M-107; including existing shelters and cabins as nonconforming uses; T51N, R43W. Entire fractional township; including existing shelters and cabins as nonconforming uses; T51N, R44W, Carp Lake township, Ontonagon county. Total area in Ontonagon county: 35,102.62 acres.

Total wilderness area, Gogebic and Ontonagon counties combined, 40,808 acres, more or less. See R 322.27.2 for that portion of the Porcupine mountains wilderness area which lies in Gogebic county.

History

• History: 1979 AC.

Mich. Admin. Code R 322.66.2 Union Springs scenic site {#sec-r-322.66.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 322.66.2}

Rule 2. The following described area in the Porcupine mountains wilderness state park is dedicated as a natural area under the designation of the Union Springs scenic site: SW1/4 of NE1/4, SE1/4 of NW1/4, NE1/4 of SW1/4 and NW1/4 of SE1/4, Sec. 20, T51N, R42W, Carp Lake township, Ontonagon county. Total 160 acres.

Regulation No. 70, Ottawa county.

History

• History: 1979 AC.

Mich. Admin. Code R 322.70.1 Hoffmaster wild area {#sec-r-322.70.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 322.70.1}

Rule 1. The following described area in Hoffmaster state park is dedicated as a natural area under the designation of Hoffmaster wild area:T8N, R16W: section 6, part of the northwest 1/4 described as beginning at the northwest corner of section 6, thence southerly along the west section line to a point 100 feet north of North Shore estates #4 plat, thence easterly 1,600 feet, more or less, to a point that is south 24 degrees east of the point of beginning, thence north 24 degrees west to the point of beginning.

T8N, R17W: section 1, entire government lot 1 and that part of government lot 2 lying northerly of a line 100 feet north of North Shore estates #4 plat. The total area in Ottawa county is l40 acres, more or less.

Regulation No. 71, Presque Isle county.

History

• History: 1979 AC.

Mich. Admin. Code R 322.71.1 Besser natural area {#sec-r-322.71.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 322.71.1}

Rule 1. The following described area is dedicated as a natural area under the designation of the Besser natural area: Government lots 5 and 6, section 13, excepting from said government lot 5 the following 2 parcels:

(1) A parcel in northwest corner thereof described as all that part of said lot 5 lying north and west of a line described as follows: Commencing at a point on west line of said lot 5, 1,050 feet north of corner common to sections 13, 14, 23 and 24, thence S 86o30' east and at right angles to west line of said lot 5, 845.2 feet to westerly line of what is known as the Town Hall lot; N 37o15' east along westerly line of said Town Hall lot and extending 252 feet to meander line or high water line on shore of Lake Huron; said exception containing 11.99 acres, more or less; and (2) a parcel in southwest corner thereof beginning at a point on the section line between sections 13 and 24, 325 feet, more or less, east of the section corner common to sections 13, 14, 23 and 24, the same being a point distant at a right angle 240 feet from section line between sections 23 and 24; west along the section line between sections 13 and 24 to common corner to sections 13, 14, 23 and 24; north along the section line between sections 13 and 14, 500 feet; southeasterly in a direct line to point of beginning, said exception containing 1.87 acres, more or less; government lots 1 and 2, section 24, excepting therefrom a parcel of land off the west side thereof bounded by a line beginning at a point on the section line between sections 13 and 24, 325 feet, more or less, east of corner common to sections 13, 14, 23 and 24, same being a point 240 feet distant at a right angle from the section line between sections 23 and 24; S 39o50' east parallel with the section line between said sections 23 and 24, 1,205 feet, more or less; southeasterly along line of a 4o30' curve to the right, 655 feet to the east and west 1/4 line in said section 24, 100 feet east of 1/4 stake between sections 23 and 24; west along said 1/4 line 100 feet to 1/4 stake between sections 23 and 24; N 39o50' west along the section line between sections 23 and 24, 2,013 feet to the section corner common to sections 13, 14, 23 and 24; east along the section line between sections 13 and 24 to point of beginning; T33N, R8E; containing a total of l33.62 acres, more or less.

History

• History: 1979 AC.

Mich. Admin. Code R 322.71.2 Thompson's Harbor natural area {#sec-r-322.71.2 omnilex-key=us-mi-regs-official--dept-natural-resources--R 322.71.2}

Rule 2. The following described area in the Alpena state forest is dedicated as a natural area under the designation of Thompson's Harbor natural area: government lot 2 of section 11; west 1/2 of northeast 1/4, south 1/2 of northwest 1/4, north 1/2 of southwest 1/4 lying northerly of State road, northwest 1/4 of southeast 1/4 lying northerly of State road, government lots 1 and 2 of section 14; T34N, R7E. Total of 260.12 acres.

Regulation No. 72, Roscommon county.

History

• History: 1979 AC.

Mich. Admin. Code R 322.72.1 Roscommon red pine nature study area {#sec-r-322.72.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 322.72.1}

Rule 1. The following described area is dedicated as a natural area under the designation of the Roscommon red pine nature study area: SE1/4 of Sec. 2, T24N, R1W, in the Houghton Lake state forest, 160 acres.

History

• History: 1979 AC.

Mich. Admin. Code R 322.73.1 Algonac state park natural area {#sec-r-322.73.1 omnilex-key=us-mi-regs-official--dept-natural-resources--R 322.73.1}

Rule 1. The following described area is dedicated as a natural area under the designation of the Algonac Prairie and Savanna Natural Area: a parcel of land located in fractional Section 27 and in Private Claims ("PC") 188, 200, 245, and 318; T3N, R16E (Cottrellville Township), commencing at the SW corner of said fractional Section 27; thence Easterly 33 ft., more or less ("m/l") along the South line of said Section to the East right-of-way ("ROW") line of Marsh Road for the Point of Beginning (POB); thence continuing Easterly along said South section line to a point on the West line of said PC 200, said point being 2.89 chains (190.74 ft.) Southwesterly along said West line from the NW corner of said PC 200 (General Land Office Plat of Original Survey, U. S.

Surveyor General's Office, 02/20/1818); thence Southwesterly along said West line of said PC 200 to the North line of the South ½ of the South ½ of said PC 200; thence Southeasterly along said North line to the East line of the Westerly 80 acres of said South ½ of the South ½ of said PC 200; thence Southwesterly along said East line to the South line of said PC 200; thence Southeasterly along said South line to the West ROW line of the removed Detroit Interurban Railroad; thence Northerly along said West railroad ("RR") ROW line to a point being S12d14'W 263.88 ft. from the intersection of the extended centerline of South Parkway Street, Oak Grove Subdivision (recorded Saint Clair County Register of Deeds Office, Liber 18, Page 180), and said West RR ROW line; thence N64dW 216.67 ft.; thence N26dE 256.3 ft.; thence S64dE to said West RR ROW line; thence continuing Northerly along said West RR ROW line to the South ROW line of State Park Road, Algonac State Park, a point being 1138 ft., m/l, Southerly along the West RR ROW line from the South line of said PC 245; thence N68dW 356 ft., m/l, along the Southerly ROW line of said State Park Road; thence S47d47'W 195 ft., m/l; thence N70d24'W 466 ft., m/l; thence N88d41W 430 ft., m/l; thence N30d05'W 1360 ft., m/l; thence N51d31'W 987 ft., m/l; thence N21d12'E 326 ft., m/l; thence N67d50'W 595 ft., m/l; thence N25d40'E 583 ft., m/l, to the North line of said PC 245; thence S69dE 1325 ft., m/l, along said North line; thence S43d25'E 1035 ft., m/l; thence S20d43'E 179 ft., m/l; thence S67d07'E 1081 ft. m/l, to a point on said West RR ROW line being 61 ft., m/l, Northerly of the South line of said PC 245; thence continuing Northerly along said West RR ROW line to the South line of said PC 318; thence continuing Northerly along said West RR ROW line 328 ft., m/l; thence N65d05'W 453 ft., m/l; thence N24d55'E to the North line of said PC 318; thence Northwesterly along said North line to the East line of the Northwesterly 3460 ft. of said PC 318; thence Southwesterly along said East line to the South line of said PC 318, being also the North line of said PC 245; thence Northwesterly along said North line of said PC 245 to the NW corner of said PC; thence Southwesterly along the West line of said PC 245 to the SW corner of said PC; thence Southeasterly along said South line of said PC 245 to the NW corner of said PC 188; thence Southwesterly along the West line of said PC 188 to a point S87d06'E 1673.4 ft., m/l, from said East ROW line of Marsh Road; thence N87d06'W 1673.4 ft., m/l, to said East ROW line; thence Southerly along said East ROW line 616 ft., m/l, to a parking area; thence Easterly 65 ft., perpendicular to said East ROW line; thence Southerly 130 ft., parallel to said East ROW line; thence Westerly 65 ft., perpendicular to said East ROW line; thence continuing along said East ROW line of Marsh Road to the POB. Total of 1244 acres, m/l.

History

• History: 2008 AACS.

Parks and Recreation Division Parks and Recreation Division

R 324.91 to R 324.93 Recreation Passport

Mich. Admin. Code R 324.91 Definitions {#sec-r-324.91 omnilex-key=us-mi-regs-official--dept-natural-resources--R 324.91}

DEPARTMENT OF NATURAL RESOURCES

PARKS AND RECREATION DIVISION

RECREATION PASSPORT

(By authority conferred on the director of the department of natural resources by section 74120 of 1994 PA 451, MCL 324.74120, and Executive Reorganization Order Nos. 1991-22 and 2009-31 and 2011-01, MCL 299.13, 324.99919, and 324.99921)

Rule 1. (1) As used in these rules:

(a) “Boating access site” means a state-operated public boating access site so designated by the department.

(b) “Department” means the department of natural resources.

(2) Terms not defined in these rules shall have the meanings customarily assigned to them.

History

• History: 2014 AACS.

Mich. Admin. Code R 324.92 Purpose; intent {#sec-r-324.92 omnilex-key=us-mi-regs-official--dept-natural-resources--R 324.92}

Rule 2. (1) The purpose of these rules is to provide a method for an individual to pay a boating access site and state park recreation passport fee other than the method provided in section 805 of the Michigan vehicle code, 1949 PA 300, MCL 257.805.

(2) The rules are intended to provide for the consistent application of the fee for entry to a designated boating access site and state park.

History

• History: 2014 AACS.

Mich. Admin. Code R 324.93 Recreation passport; resident motor vehicle; fee required; method of purchase {#sec-r-324.93 omnilex-key=us-mi-regs-official--dept-natural-resources--R 324.93}

Rule 3. (1) The department shall require a fee and issue a recreation passport for a resident motor vehicle for entry to a boating access site or state park. The fee for a recreation passport for a resident motor vehicle issued at a boating access site or state park in 2014 and thereafter shall be designated by the department within the limits authorized by MCL 324.74120 and MCL 257.805.

(2) A recreation passport issued to a resident motor vehicle shall be affixed to the motor vehicle and valid for entry to all Michigan boating access sites and state parks.

(3) A recreation passport issued to a resident motor vehicle shall be valid only for the registration period of the resident motor vehicle to which issued.

History

• History: 2014 AACS.

R 324.1451 to R 324.1457 Pure Michigan Trail, Water Trail, and Trail Town Designation

Mich. Admin. Code R 324.1451 Definitions {#sec-r-324.1451 omnilex-key=us-mi-regs-official--dept-natural-resources--R 324.1451}

DEPARTMENT OF NATURAL RESOURCES

PARKS AND RECREATION DIVISION

PURE MICHIGAN TRAIL, WATER TRAIL, AND TRAIL TOWN

DESIGNATION

(By authority conferred on the director of the department of natural resources by section 72112 of 2014 PA 210, MCL 324.72112)

Rule 1. (1) As used in these rules:

(a) “Access site” means public or private land where it is legal for the public to access, launch, and land a boat into and from its adjoining waters. An access site has at least some legal parking along a public roadway. Access sites may be rest areas and may include amenities.

(b) “Act” means Part 721 of 1994 PA 451, MCL 324.72101 to 324.72118.

(c) “Easily accessible” means within 2 miles of the trail unless otherwise designated in these rules.

(d) “Formally adopted” means adopted by resolution of the governing body overseeing the trail or the city, village, or township seeking a Pure Michigan designation.

(e) “Lodging” means a place to sleep, including but not limited to, a designated campsite, hut, shelter, or other licensed overnight accommodation.

(f) “Rest areas” means places where it is permissible to leave the water and may have amenities such as restrooms, trash receptacles, and picnic tables. Rest areas may be access points.

(g) “Staging area” means public or private land where it is legal for the public to assemble and access a right-of-way adapted to foot, horseback, motorized, or other nonmotorized travel and provides some legal parking along a public roadway.

(h) “Trailhead” means public or private land where it is legal for the public to access a right-of-way adapted to foot, horseback, motorized, or other nonmotorized travel and provides some legal parking along a public roadway.

(2) A term defined in Act has the same meaning when used in these rules.

Editor's Note: An obvious error in R 324.1451 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2018 MR 9. The memorandum requesting the correction was published in Michigan Register, 2018 MR 9.

History

• History: 2018 AACS.

Mich. Admin. Code R 324.1452 Nomination process {#sec-r-324.1452 omnilex-key=us-mi-regs-official--dept-natural-resources--R 324.1452}

Rule 2. (1) To nominate a trail, water trail, or trail town for a Pure Michigan designation, an individual, local unit of government, authority, or non-profit shall complete an electronic form available on the department’s website and include all of the following:

(a) A description of how the nominated trail, water trail, or trail town meets the requirements identified in section 72103 or 72104 of the Act and these rules.

(b) A description of the natural resources, cultural resources, historic resources, attractions to non-resident users, or any other factors that make the trail, water trail, or trail town an iconic example of its type.

(c) A description of whether the trail, water trail, or trail town meets standards determined and approved by the department.

(d) For a trail town nomination, evidence of sufficient funds to erect and maintain an official Pure Michigan Trail Town sign and logo.

(e) If the nominated trail has not been completed, evidence of sufficient funds and governmental support to complete the trail within 1 year after receiving a Pure Michigan Trail designation.

(2) The department shall review the nomination. If the nomination meets the criteria identified in section 72103 or 72104 of the Act and these rules, the department shall forward the nomination to the Michigan Economic Development Corporation for a Pure Michigan license.

(3) Upon receipt of a Pure Michigan license, the department shall proceed with the process as provided in the Act.

Editor's Note: An obvious error in R 324.1452 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2018 MR 9. The memorandum requesting the correction was published in Michigan Register, 2018 MR 9.

History

• History: 2018 AACS.

Mich. Admin. Code R 324.1453 Requirements for designation; trail; water trail {#sec-r-324.1453 omnilex-key=us-mi-regs-official--dept-natural-resources--R 324.1453}

Rule 3. (1) The department shall consider a trail or water trail for a Pure Michigan designation if the trail or water trail meets the requirements established in section 72103 of the Act, and the following requirements:

(a) The trail or water trail is open for use by the public and publicly available access sites, staging areas, trailheads, and rest areas are appropriately spaced for the type of trail.

(b) The trail or water trail is identified on a website with a map that can be printed and is appropriately signed to make the user aware of all of the following:

(i) The location and length of the trail or water trail.

(ii) Hazards and level of difficulty of the trail or water trail.

(iii) Amenities related to the trail or water trail, including easily accessible access sites, staging areas, trailheads, rest areas, lodging, eating facilities, and other recreational opportunities.

(c) The trail or water trail is appropriately signed, including pictures as appropriate, to do all of the following:

(i) Make users aware of their location on the trail or water trail.

(ii) Make users aware of easily accessible access sites, staging areas, trailheads, rest areas, trail amenities, lodging facilities, and eating facilities as well as hazards, towns, and emergency contacts.

(iii) Encourage safety and respect for the environment.

(d) Unless the trail or water trail is primarily a looped trail or water trail or otherwise intended for the user to return to his or her vehicle in 1 day or less, lodging facilities appropriate to the type of trail or water trail users are available for at least the following:

(i) Every 12 miles for trails primarily used by walkers.

(ii) Every 12 miles for trails located upon water.

(iii) Every 15 miles for trails primarily used by cross country skiers.

(iv) Every 40 miles for trails primarily used by bikers.

(v) Every 40 miles for trails primarily used by equestrians.

(vi) Every 100 miles for trails primarily used by snowmobile or ORV riders.

(e) The trail or water trail is designed so that increased use of the trail or water trail will not degrade the local experience, cultural resources, or the environment. Applicants shall identify the designs applied to ensure sustainability of the trail or water trail.

(f) At a minimum, for a water trail, the water body shall meet water quality use designations for Partial Body Contact standards, as established by Michigan department of environmental quality, in addition to the requirements established by section 72103(3)(c) of the Act.

(g) The trail or water trail has a formally adopted plan that does the following:

(i) Identifies the existing and planned amenities associated with the trail or water trail and how those amenities will be maintained and enhanced.

(ii) Establishes a schedule for the maintenance of the trail or water trail that identifies funding sources and the party or parties responsible for maintaining the trail or water trail and discouraging vandalism.

(iii) Includes programming and educational activity associated with the trail or water trail that allow or increase enjoyment of the trail or water trail, understanding of the natural, cultural, and historic resources related to the trail or water trail, boating skills, outdoor ethics and, for a water trail, efforts to improve the quality of the waterway and its water.

(iv) Identifies a mechanism to evaluate the economic impact of the trail or water trail at least every 5 years that includes an understanding of users and where they live, impact on area businesses, and money spent in conjunction with trail or water trail use.

(v) Includes a marketing plan for the trail or water trail.

(h) The trail or water trail has a resolution of support of the designation of the trail or water trail as a Pure Michigan Trail or Water Trail by the local unit of government, authority, or non-profit that is primarily responsible for the trail or water trail.

(i) The trail or water trail is supported, managed, and maintained by 1 or more organizations. If the trail or water trail is supported, managed, and maintained by more than 1 organization, the organizations shall enter into a written agreement with each other. The organizations shall be broadly representative of the community, including recreation, education, conservation, heritage, business, public safety, health, and government organizations and shall obtain permission from all persons or entities that have an ownership interest over any portion of the trail or water trail.

(j) The trail or water trail is part of the statewide trail network.

(2) The department may consult with the Michigan economic development corporation when considering a trail or water trail nomination for a Pure Michigan designation.

Editor's Note: An obvious error in R 324.1453 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2018 MR 9. The memorandum requesting the correction was published in Michigan Register, 2018 MR 9.

History

• History: 2018 AACS.

Mich. Admin. Code R 324.1454 Requirements for designation; trail town {#sec-r-324.1454 omnilex-key=us-mi-regs-official--dept-natural-resources--R 324.1454}

Rule 4. To be considered for a Pure Michigan Trail Town designation, a city, village, or township shall meet the requirements established in section 72104 of the Act and the following requirements:

(a) The city, village, or township has a formally adopted plan for marketing the trail or water trail and evidence of implementation of that plan. The plan may be part of a trail or water trail marketing effort that includes this state, other trail towns, or other trail marketing efforts.

(b) The city, village, or township has a plan to evaluate the economic impact of a Pure Michigan Trail Town designation every 5 years.

Editor's Note: An obvious error in R 324.1454 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2018 MR 9. The memorandum requesting the correction was published in Michigan Register, 2018 MR 9.

History

• History: 2018 AACS.

Mich. Admin. Code R 324.1455 Application review; notification; designation {#sec-r-324.1455 omnilex-key=us-mi-regs-official--dept-natural-resources--R 324.1455}

Rule 5. The department shall review applications for a Pure Michigan designation for consistency with the requirements established in the Act and these rules, and notify the petitioner whether the director approved the Pure Michigan designation. The department shall keep a list of the active Pure Michigan Trails, Water Trails, and Trail Towns on its website.

Editor's Note: An obvious error in R 324.1455 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2018 MR 9. The memorandum requesting the correction was published in Michigan Register, 2018 MR 9.

History

• History: 2018 AACS.

Mich. Admin. Code R 324.1456 Generally accepted trail standards {#sec-r-324.1456 omnilex-key=us-mi-regs-official--dept-natural-resources--R 324.1456}

Rule 6. The generally accepted trail standards shall be determined and approved by the department.

Editor's Note: An obvious error in R 324.1456 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2018 MR 9. The memorandum requesting the correction was published in Michigan Register, 2018 MR 9.

History

• History: 2018 AACS.

Mich. Admin. Code R 324.1457 Expiration, re-designation, and revocation {#sec-r-324.1457 omnilex-key=us-mi-regs-official--dept-natural-resources--R 324.1457}

Rule. 7. (1) A Pure Michigan Trail, Water Trail, or Trail Town designation shall expire every 5 years.

(2) Unless re-designated, all trademarked Pure Michigan materials shall be removed by the governing body overseeing the trail, water trail, or the city, village, or township within 60 days of expiration of the Pure Michigan designation.

(3) A nominee may seek re-designation upon a form available on the department’s website.

(4) Before approving a nominee’s re-designation, the department shall inspect the trail, water trail, or trail town and evaluate the success of the trail, water trail, or trail town and related marketing plans by reviewing the economic impact report.

(5) If, after inspection and evaluation, the department determines that the trail, water trail, or trail town warrants re-designation based on continued compliance with these rules, the department shall recommend to the Michigan economic development corporation the licensing of the trail, water trail, or trail town with the Pure Michigan brand.

(6) A Pure Michigan Trail, Water Trail, or Trail Town designation may be revoked by the director under the Act.

Editor's Note: An obvious error in R 324.1457 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2018 MR 9. The memorandum requesting the correction was published in Michigan Register, 2018 MR 9.

History

• History: 2018 AACS.