Mich. Admin. Code (Transportation) | Michigan Administrative Code — Department of Transportation

Bureau of Finance Bureau of Finance

R 247.1 to R 247.83 Administrative Rules Governing Prequalification of Construction Contractors

Mich. Admin. Code R 247.1 Rescinded {#sec-r-247.1 omnilex-key=us-mi-regs-official--dept-transportation--R 247.1}

DEPARTMENT OF TRANSPORTATION

BUREAU OF FINANCE & ADMINISTRATION

ADMINSTRATIVE RULES GOVERNING THE PREQUALIFICATION

OF CONSTRUCTION CONTRACTORS

(By authority conferred on the Department of Transportation by section 33 of 1969 P.A. 306, MCL 24.233 and 1933 P.A. 170, MCL 123.501 et seq.

PART 1. GENERAL PROVISIONS

History

History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 247.11 Definitions {#sec-r-247.11 omnilex-key=us-mi-regs-official--dept-transportation--R 247.11}

Rule 11. As used in these rules:

(a) "Bidder" means a sole proprietor, a partnership, a corporation, or a combination thereof that seeks to perform work for the department. When a combination of any of the entities is prequalified, it shall be prequalified as only 1 bidder which may act through an authorized representative.

(b) "Contractor" means a bidder that has been awarded a contract to perform construction, maintenance, or repair work for the department.

(d) "Department" means the Michigan department of transportation.

(e) "Director" means the principal executive officer of the department.

(f) "Net financial rating" means the dollar amount equal to the bidder's overall financial rating less its work on hand.

(g) "Numerical rating" means the maximum dollar amount for a specific work classification for which a bidder may submit a bid.

(h) "Overall financial rating" means the overall dollar amount for which a bidder is prequalified and represents the maximum amount of work in which the bidder may be engaged for any entity.

(i) "Prequalification appeal board" means 3 employees of the department who are assigned to consider and make the final decision of the department on an appeal of a prequalification decision under part 8 of these rules.

(j) "Prequalification application" means the forms developed by the department to elicit the information needed to prequalify bidders. The prequalification application for a specific bidder includes the forms and the information and documentation provided by the bidder to obtain prequalification.

(k) "Prequalification committee" means a group of employees of the department who are assigned to review all bidders' prequalification ratings, as well as any performance issues of the contractors.

(l) "Prequalification manager" means the department employee assigned to perform the responsibilities of the prequalification manager as delegated to him or her under these rules. The prequalification manager may consult with other persons in carrying out the assigned responsibilities.

(m) "Prequalification review panel" means 3 employees of the department who are assigned to conduct informal review of a prequalification decision under part 8 of these rules in an effort to resolve the differences.

(n) "Work classification" means a specific category of work as defined in the prequalification application.

(o) "Work on hand" means the total uncompleted work for which the bidder is a prime contractor or subcontractor, excluding any work that the bidder has subcontracted to other contractors.

PART 2. PREQUALIFICATION COMMITTEE

History

History: 1979 AC; 2002 AACS; 2009 AACS.

Mich. Admin. Code R 247.21 General duties {#sec-r-247.21 omnilex-key=us-mi-regs-official--dept-transportation--R 247.21}

Rule 21.(1) The prequalification committee shall review the overall financial ratings, all classifications and numeric ratings of bidders for the department's construction, maintenance, or repair work.

(2) The 4 major factors used in arriving at these ratings are as follows:

(a) The bidder's financial resources and related information.

(b) The bidder's experience, including that of key personnel on work of a similar nature.

(d) Availability of equipment and facilities which the bidder proposes to use on the department's work.

History

History: 1979 AC; 2002 AACS; 2009 AACS.

Mich. Admin. Code R 247.22 Action by prequalification committee {#sec-r-247.22 omnilex-key=us-mi-regs-official--dept-transportation--R 247.22}

Rule 22. (1) The prequalification committee shall review a bidder's application and other relevant information for any of the following:

(a) Initial prequalification.

(b) Renewal of prequalification.

(2) Based on the review, the prequalification committee shall determine and grant or renew numerical ratings, an overall financial rating, and work classifications for the bidder. The prequalification committee shall review the bidder's contractor performance evaluations for at least the last 2 years, if available, before granting or renewing prequalification.

(3) If the suitability of the bidder is determined to be unsatisfactory for the performance of the work and the continuance of the existing prequalification, the prequalification committee may, at any time, deny an application or decrease, suspend, or revoke a bidder's overall financial rating or the numerical ratings on 1 or more of the work classifications, based on an evaluation of any of the following:

(a) Amount and variety of construction experience.

(b) Quality of current and past work performance.

(d) Organization and personnel.

(e) Availability of equipment.

(f) Financial resources.

(g) Record of contract scheduling and completion.

(h) Record of compliance with requirements of the contract provisions or federal, state, or local laws, regulations, or ordinances.

(i) Record of submittal of required documents.

(j) Compliance with any applicable provisions of these rules.

(k) Common ownership and control of bidding entity.

(l) Compliance with the bidder's equal employment opportunity policy.

(4) The prequalification committee may refuse to consider an application that fails to provide all of the information required for the application or that does not comply with each provision of these rules.

(5) Except as provided in subrule (9) of this rule, prior to any adverse action being taken against a bidder's prequalification ratings, the prequalification committee will provide the bidder with written notification of the intended adverse action, and an opportunity to meet with the committee to present additional information or otherwise show why the adverse action should not be taken.

(6) The prequalification committee shall notify a bidder in writing of its final decision, including the bidder's overall financial rating, approved numerical ratings, and work classifications.

(7) The prequalification committee may deny, decrease, suspend, or revoke the prequalification of a bidder who submitted a prequalification application or other information required under these rules that is false or misleading.

(8) A decision by the prequalification committee shall be effective on the date specified in the decision, unless, for good cause shown, that date is altered under Part 8 of these rules.

(9) An adverse decision that decreases, suspends or revokes a bidder's prequalification shall not be effective sooner than 14 days after the date of the decision, unless the committee finds that the public health, safety or welfare requires emergency action and incorporates that finding in its decision.

(10) A bidder may submit an appeal of the prequalification committee's determination following the appeal procedure described in part 8 of these rules.

PART 3. INFORMATION FROM BIDDERS

History

History: 1979 AC; 2002 AACS; 2009 AACS.

Mich. Admin. Code R 247.31 Rescinded {#sec-r-247.31 omnilex-key=us-mi-regs-official--dept-transportation--R 247.31}

History

History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 247.32 Filing forms; statements; period of effect for prequalification; extension of filing time {#sec-r-247.32 omnilex-key=us-mi-regs-official--dept-transportation--R 247.32}

Rule 32. (1) The department is not required to consider a prequalification application unless it is submitted not less than 15 days before the date of bid submittal for a project on which the bidder desires to bid.

(2) The prequalification application shall include a financial statement as of the close of the bidder's most recent fiscal year, except as noted in R 247.32(4). An interim financial statement will not be accepted.

(3) An application for renewal of prequalification shall be submitted within 4 months after the close of the bidder's fiscal year, except as noted in R 247.32(4).

(4) Subject to its modification or revocation as provided in these rules, prequalification shall be in effect for 16 months from the date of the fiscal year end reported by the bidder, and on which prequalification is based, for those bidders who have an overall prequalification rating of less than $10,000,000.00. For those bidders who have an overall financial rating greater than $10,000,000.00, prequalification shall be in effect for 28 months from the date of the fiscal year end reported by the bidder. Any significant changes must be reported in accordance with R 247.34(3). If the circumstances are found by the department to warrant more frequent review of a bidder's qualifications, the department may require any bidder to request prequalification on a yearly basis.

(5) A bidder may submit a written request for an extension of time to submit an application for renewal of prequalification. The request shall document the reason for the request. The request must be received on or before the bidder's expiration date. If approved, the extension shall not be for more than 60 days.

(6) A statement reporting work on hand shall be submitted as required by R 247.43.

History

History: 1979 AC; 2002 AACS; 2009 AACS.

Mich. Admin. Code R 247.33 Rescinded {#sec-r-247.33 omnilex-key=us-mi-regs-official--dept-transportation--R 247.33}

History

History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 247.34 Audit, review, and verification of the financial statements {#sec-r-247.34 omnilex-key=us-mi-regs-official--dept-transportation--R 247.34}

Rule 34. (1) A bidder applying for an overall financial rating of greater than $2,000,000.00, in addition to completing the financial statement portions of the prequalification application, shall submit a copy of its most recent audited financial statement as of the close of the bidder's fiscal year, which date shall be the same fiscal year date stated on the prequalification application. At a minimum, the audited financial statement shall include all of the following that reflect the accounting theory and practice employed by the bidder:

(a) An independent certified public accountant's audit report.

(b) A balance sheet.

(d) A statement of cash flows.

(e) Appropriate notes.If the certified public accountant cannot express an opinion as to the overall fairness of the financial statement, the bidder's prequalification for work may be limited to $2,000,000.00. If an opinion contains qualifications which are material in the judgment of the prequalification committee, the items may be disallowed for prequalification purposes.

(2) An overall financial rating of $2,000,000.00 or less does not require submittal of an audited financial statement. Instead, a bidder may provide either a compilation report, or a review report prepared by an independent certified public accountant. With approval of the department, a bidder may provide a bank account balance verification prepared by the bidder's bank or banks, accounts receivable balance confirmations prepared by specified debtors, or a subsequent receipts verification letter prepared by a certified public accountant. The determination of which report, or combination of reports, to be provided will be made solely by the department based upon the circumstances surrounding each request.

(3) A bidder shall immediately notify the department of any significant change in the information provided by the bidder to obtain prequalification.

(4) The information included as part of the prequalification application shall be sworn to before a notary public by an authorized officer, owner, or partner of the bidder.

(5) A newly formed organization requesting prequalification shall submit its opening balance sheet for an initial prequalification rating. Thereafter, the financial statement shall cover the same period as its established fiscal year.

(6) A bidder who changes its fiscal year shall submit an explanation for the change and the department shall review the explanation submitted. The department may request additional information if considered necessary. The prequalification committee may deny or limit prequalification for any of the following reasons:

(a) If no explanation is submitted.

(b) If the additional information submitted is inadequate.

(7) The department may request clarification and verification of any information submitted and, if necessary, examine the bidder's records and accounts.

(8) An independent certified public accountant under these rules shall not be a person otherwise employed by, or serving as an officer or director of, the bidder.

History

History: 1979 AC; 2002 AACS; 2009 AACS.

Mich. Admin. Code R 247.35 Rescinded {#sec-r-247.35 omnilex-key=us-mi-regs-official--dept-transportation--R 247.35}

History

History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 247.36 Statement of accounting method and basis {#sec-r-247.36 omnilex-key=us-mi-regs-official--dept-transportation--R 247.36}

Rule 36. (1) The prequalification application shall require a statement of the accounting method used by the bidder in keeping its financial records, including the basis (percentage of completion or completed contract method) followed in accounting for its construction contracts.

(2) A bidder accounting for its construction contracts on a basis other than the percentage of completion or the completed contract method shall obtain approval, in writing, by the prequalification committee, beforesubmission of the bidder's prequalification application.

History

History: 1979 AC; 2002 AACS; 2009 AACS.

Mich. Admin. Code R 247.37 Supplemental statements {#sec-r-247.37 omnilex-key=us-mi-regs-official--dept-transportation--R 247.37}

Rule 37. (1) A bidder who maintains accounting records on a cash basis shall submit a record of assets and liabilities on an accrual basis on the schedule provided in the prequalification application.

(2) A bidder who maintains accounting records on an accrual basis using the completed contract method has the option of submitting a supplemental statement on the schedule provided in the prequalification application which adjusts the completed contract method to the percentage of completion method for prequalification rating.

However, the bidder shall obtain approval of the prequalification committee to report using an accounting method other than the method used in maintaining its accounting records. Once having exercised the option, the bidder shall not change the method of reporting without written approval by the prequalification committee.

History

History: 1979 AC; 2002 AACS; 2009 AACS.

Mich. Admin. Code R 247.38 Equipment, experience, and key personnel {#sec-r-247.38 omnilex-key=us-mi-regs-official--dept-transportation--R 247.38}

Rule 38. As part of the prequalification application, the bidder shall submit evidence of all of the following:

(a) The availability of equipment required to perform work in the classifications for which the bidder seeks approval.

(b) Experience of its key qualified personnel who will provide field supervision of the work in the classifications for which the bidder seeks approval.

History

History: 1979 AC; 2002 AACS; 2009 AACS.

Mich. Admin. Code R 247.39 Rescinded {#sec-r-247.39 omnilex-key=us-mi-regs-official--dept-transportation--R 247.39}

History

History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 247.40 Audits; investigations; comparisons {#sec-r-247.40 omnilex-key=us-mi-regs-official--dept-transportation--R 247.40}

Rule 40. (1) The director or director's designee, may perform or designate auditors to perform audits of the financial records or investigate any items regarding prequalification of a bidder.

(2) The prequalification committee may cause comparative reviews to be made at any time between the bidder's prequalification application and any reports submitted by the bidder with other departments of the state based upon the bidder's financial records.

The information obtained may be used to modify or revoke the bidders prequalification.

PART 4. NUMERICAL RATINGS

History

History: 1979 AC; 2002 AACS; 2009 AACS.

Mich. Admin. Code R 247.41 Factors applied to assets {#sec-r-247.41 omnilex-key=us-mi-regs-official--dept-transportation--R 247.41}

Rule 41. The assets as determined from the financial statement shall be used in computing the overall financial rating of a bidder by use of the sum of the following:

(a) Working capital, either positive or negative, multiplied by 9.

(b) Depreciation expense on construction and transportation equipment in the amount of 1½ times this allowable amount of depreciation, as recorded onthe bidder's books of account and also shown in the space provided in the prequalification questionnaire for the same fiscal year as covered by the prequalification statement, multiplied by 9.

(c) Net construction and transportation equipment values multiplied by 4. This value is the bidder's equity in such equipment less the long term portion of the obligation on this equipment.

History

History: 1979 AC; 2002 AACS; 2009 AACS.

Mich. Admin. Code R 247.42 Ratings {#sec-r-247.42 omnilex-key=us-mi-regs-official--dept-transportation--R 247.42}

Rule 42. The overall financial rating is expressed as a number truncated to the number of thousands for purposes of identifying a numerical rating in any given work classification. For example, an overall financial rating of $1,000,000.00 is converted to 1,000, a financial rating of $1,105,000.00 is converted to 1,105, and a financial rating of $10,000.00 is converted to 10. Bidders may be given a full numerical rating, which is equal to the bidder's overall financial rating, or a partial numerical rating, contingent upon the results of an evaluation of the bidder being made by the department under these rules.

History

History: 1979 AC; 2002 AACS; 2009 AACS.

Mich. Admin. Code R 247.43 Work allowed {#sec-r-247.43 omnilex-key=us-mi-regs-official--dept-transportation--R 247.43}

Rule 43. (1) A bidder desiring to bid on department projects shall submit to the department, on a department form, a statement reporting work on hand. The form shall be received in the department contract office in accordance with the schedule provided by the department. Bidders failing to submit the form with all required information, and as provided in these rules, are not eligible to bid.

(2) A bidder will not be permitted to bid on projects requiring a rating greater than its net financial rating.

(3) To determine a bidder's net financial rating, the department may make deductions from the dollar amount of the bidder's work on hand, to account for work that is scheduled to be performed in future years. Based upon current, approved or verified progress schedules, the department may, at the request of the bidder, deduct up to 50% of the dollar amount of work to be performed in years subsequent to the year when the project to be bid is to commence. The department is not required to make the deductions and will exercise its judgment in the review of progress schedules to assure that bidders have adequate net financial rating to bid and to perform the work.

History

History: 1979 AC; 2002 AACS; 2009 AACS.

Mich. Admin. Code R 247.44 Rescinded {#sec-r-247.44 omnilex-key=us-mi-regs-official--dept-transportation--R 247.44}

History

History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 247.45 Rescinded {#sec-r-247.45 omnilex-key=us-mi-regs-official--dept-transportation--R 247.45}

History

History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 247.46 Rescinded {#sec-r-247.46 omnilex-key=us-mi-regs-official--dept-transportation--R 247.46}

History

History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 247.47 Rescinded {#sec-r-247.47 omnilex-key=us-mi-regs-official--dept-transportation--R 247.47}

History

History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 247.48 Current asset accounts {#sec-r-247.48 omnilex-key=us-mi-regs-official--dept-transportation--R 247.48}

Rule 48. The following current asset accounts will be used by the prequalification committee in determining the net working capital of a bidder:

(a) Cash.

(b) Readily marketable securities; that is, securities that are verified by the certified public accountant and that represent investments of cash that are available for current operations, excluding investments in affiliated companies.

(i) Billed or accrued trade accounts receivable less allowance for doubtful accounts. Receivables due from joint venture affiliates, officers, employees, affiliated companies and any related parties are also excluded from receivables.

(ii) Notes receivable, that is, notes due within 1 year, excluding notes due from officers, employees, affiliated companies, and any related parties.

(iii) Interest and dividends receivable, excluding interest or dividends due from affiliated companies, officers, employees, and any related parties.

(d) Cost of uncompleted contracts in excess of related billings.

(e) Inventories of construction materials and supplies on hand at cost or market value, whichever is less.

(f) Other allowable current assets such as any of the following:

(i) Bid deposits including bid deposits on joint bidding ventures.

(ii) Prepayments such as insurance, interest, taxes.

(iii) Cash surrender value of life insurance.

(iv) Other assets realizable within 1 year and a description.

History

History: 1979 AC; 2002 AACS; 2009 AACS.

Mich. Admin. Code R 247.49 Current liability accounts {#sec-r-247.49 omnilex-key=us-mi-regs-official--dept-transportation--R 247.49}

Rule 49. All of the following current liability accounts that are payable within 1 year will be used by the prequalification committee in determining the net working capital of a bidder:

(a) Notes payable to banks.

(b) Notes or contracts payable on construction equipment, except notes due officers, employees, affiliated companies, and any related parties.

(c) Accounts payable to subcontractors and trade accounts, except accounts payable to officers, employees, affiliated companies, and any related parties.

(d) Accrued expenses as follows:

(i) Include wages, payroll taxes, and fringe benefits.

(ii) Exclude interest payable to officers, employees, affiliated companies, and any related parties.

(e) Taxes as follows:

(i) Federal income tax liability, including taxes applicable to income arising from conversion to the percentage of completion method.

(ii) State of Michigan income taxes, including taxes applicable to income arising from conversion to the percentage of completion method.

(iii) All other taxes.

(f) Pension and profit sharing contributions payable.

(g) Billings on uncompleted contracts in excess of related costs.

(h) Current portions of mortgages payable.

(i) Other liabilities payable within 1 year. The bidder shall provide a description of each such other liability.

(j) Long-term unsecured liabilities as follows:

(i) An unsecured long-term liability shall be accompanied by a signed statement from the lender and the bidder indicating that a decrease in the long-term unsecured borrowing shall be reported to the prequalification committee immediately. In addition, the statement from the lender shall disclose the date of the loan, the termination date, a statement disclosing any conditions and whether it is interest or noninterest bearing. A note in the audited financial statement detailing the obligations related to construction equipment may be accepted by the prequalification committee in place of the signed statement, if the note is found to contain sufficient detail.

(ii) If a review of the statement or note as specified in paragraph (i) of this subdivision reveals that the unsecured liability could be payable within 1 year, it may be treated as a current liability for prequalification rating purposes. An unsecured long-term liability that is not accompanied by a statement or note as specified in paragraph (i) of this subdivision shall be considered a current liability for prequalification rating purposes.

History

History: 1979 AC; 2002 AACS; 2009 AACS.

Mich. Admin. Code R 247.50 Equipment {#sec-r-247.50 omnilex-key=us-mi-regs-official--dept-transportation--R 247.50}

Rule 50. (1) If a bidder owns new, used or rebuilt construction equipment, the purchase price will be allowed in computing the bidder's equipment value and be credited as a fixed asset. For each year after purchase of the equipment, the annual depreciation charge will be deducted from the purchase price in computing book value.

(2) At the written request of the bidder, the prequalification committee may consider the use of an appraised valuation but only when the appraisal is prepared and certified by an appraisal firm acceptable to the department. The appraisal shall be as of the close of the bidder's fiscal year and will be applicable for the prequalification rating period which applies for the application with which it was submitted. The appraised value may be used as the basis for equipment value for a second year only if a statement is submitted by the independent certified public accountant who completed the audit or review and if the statement indicates that the equipment inventory items are the same as the items in the appraised inventory for the previous year or explains in detail any changes to the inventory. A bidder may compute the current value of equipment for the purpose of prequalification using the straight line method of depreciation if the bidder submits a schedule of depreciation in detail and form as required by the department together with the prequalification application.

(3) The value of the construction and transportation equipment for the purpose of computing the overall financial rating will be the book value of the equipment as shown under fixed assets less any long-term portion of notes or contracts payable on the equipment. If an appraisal is included with the prequalification application, the appraisal will be taken into consideration in the calculation of the equipment value by comparing the net book value to the appraised fair market value and the difference added to the net book value of the equipment. The value is then multiplied in accordance with R 247.41.

PART 5. CLASSIFICATION OF BIDDERS

History

History: 1979 AC; 2002 AACS; 2009 AACS.

Mich. Admin. Code R 247.51 Work classifications {#sec-r-247.51 omnilex-key=us-mi-regs-official--dept-transportation--R 247.51}

Rule 51. The department shall identify work classifications for which it is anticipating the need for bidders. The work classifications will be listed in the prequalification application. The bidder shall identify the work classification or classifications for which it is requesting prequalification when submitting a prequalification application.

History

History: 1979 AC; 2002 AACS; 2009 AACS.

Mich. Admin. Code R 247.52 Original and additional work classifications {#sec-r-247.52 omnilex-key=us-mi-regs-official--dept-transportation--R 247.52}

Rule 52. A bidder will be classified for types of work on the basis of its experience and resources at the time of filing the prequalification application. When additional experience or resources have been obtained, the bidder may submit information for consideration by the prequalification committee to add work classifications or increase a numerical rating.

History

History: 1979 AC; 2002 AACS; 2009 AACS.

Mich. Admin. Code R 247.53 Duplicate work classifications {#sec-r-247.53 omnilex-key=us-mi-regs-official--dept-transportation--R 247.53}

Rule 53. (1) A bidder shall indicate, on the prequalification application, whether the bidder is a partnership, a sole proprietorship, or a corporation. If the bidder is a corporation, the application shall include the names and addresses of all officers and directors. The application shall also include the names and addresses of all persons owning more than 10% of any class of stock in the bidder and in any other prequalified or prequalifying corporation and the nature of the interest shall be described. A bidder shall further disclose, on the prequalification application, the names, addresses, and assumed names of any owner, partner or holder of more than 10% of any class of stock that is acting under an assumed name. When a person is a director, partner, or officer, or has a financial interest in 2 or more bidders, the work classifications for which the bidders may be qualified shall not be duplicated, if the prequalification committee determines that the duplication would have a detrimental effect on the department.

(2) When a bidder or a director, officer, or partner of a bidder has a financial interest in any other bidder who is prequalified or is seeking to become prequalified, the name of the other bidder shall be provided to the department and the nature of the interest shall be described.

PART 6. BIDDING

History

History: 1979 AC; 2002 AACS; 2009 AACS.

Mich. Admin. Code R 247.61 Bidding procedure {#sec-r-247.61 omnilex-key=us-mi-regs-official--dept-transportation--R 247.61}

Rule 61. (1)The department may disclose the engineer's estimate as a part of the advertisement of any project, or may withhold the engineer's estimate until the contract is awarded. To bid on, or receive award of, any project advertised by the department, the bidder shall be prequalified in the required prime work classification or classifications with a numerical rating and a net financial rating equal to or greater than the rating for the project. Ratings in the work classifications are not cumulative. If the department elects to withhold the engineer's estimate at the time of the advertisement, the department will limit bidding and consideration for possible award to only those bidders that have a numerical rating and a net financial rating equal to or greater than the engineer's estimate.

(2) The department will identify the required work classification or classifications when a project for bidding is advertised. If the work is not among the listed work classifications, the department may make a new or project specific evaluation of bidder qualifications to determine suitable bidders for the work, or may waive the prequalification requirement.

(3) A prequalified bidder who has a sufficient net financial rating and numerical rating and has met the requirements of R 247.43 as of the close of business on the day preceding the deadline for the submittal of bids is eligible to submit a bid.

(4) If a bidder is low on 2 or more projects, the total of which exceeds its net financial rating, the department shall select the project or projects for award to the bidder which will give the best financial advantage to the department.

(5) The department may decline to award a contract to a prequalified bidder, and award the contract to the next lowest responsive bidder, if proceedings have been initiated to reduce, suspend, or revoke the bidder's prequalification and the department determines that delay in awarding the contract would be detrimental to the public interest.

History

History: 1979 AC; 2002 AACS; 2009 AACS.

Mich. Admin. Code R 247.62 Joint bidding {#sec-r-247.62 omnilex-key=us-mi-regs-official--dept-transportation--R 247.62}

Rule 62. (1) Each bidder shall have a sufficient net financial rating to perform the work that it proposes to do. Two, but not more than 3, bidders may bid jointly on a project without declaring their intention to do so before the submittal of bids, if each bidder has a net financial rating and numerical rating equal to or greater than the total required for the project and has met the requirements of R 247.43. All other joint ventures shall request department approval to bid as a joint venture not later than 5:00 p.m. on the day preceding the letting date for which the request is being made.

(2) The joint venture request form shall identify one of the entities as having responsibility for overall administration of the project.

(3) All parties in a joint venture will be held accountable for appropriate execution of the contract.

(4) Each party in a joint venture may be subject to changes in its overall financial rating or numerical ratings, or both, in accordance with R 247.22.

PART 7. HEARINGS

History

History: 1979 AC; 2002 AACS; 2009 AACS.

Mich. Admin. Code R 247.71 Rescinded {#sec-r-247.71 omnilex-key=us-mi-regs-official--dept-transportation--R 247.71}

History

History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 247.72 Rescinded {#sec-r-247.72 omnilex-key=us-mi-regs-official--dept-transportation--R 247.72}

History

History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 247.73 Rescinded {#sec-r-247.73 omnilex-key=us-mi-regs-official--dept-transportation--R 247.73}

History

History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 247.74 Rescinded {#sec-r-247.74 omnilex-key=us-mi-regs-official--dept-transportation--R 247.74}

History

History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 247.75 Rescinded {#sec-r-247.75 omnilex-key=us-mi-regs-official--dept-transportation--R 247.75}

History

History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 247.76 Rescinded {#sec-r-247.76 omnilex-key=us-mi-regs-official--dept-transportation--R 247.76}

History

History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 247.77 Rescinded {#sec-r-247.77 omnilex-key=us-mi-regs-official--dept-transportation--R 247.77}

PART 8. APPEAL OF PREQUALIFICATION DECISIONS

History

History: 1979 AC; 2002 AACS.

Mich. Admin. Code R 247.81 Informal meeting with prequalification manager {#sec-r-247.81 omnilex-key=us-mi-regs-official--dept-transportation--R 247.81}

Rule 81. (1) A bidder may submit a written request, within 14 days after the date of a decision to deny, decrease, suspend, or revoke prequalification, for a meeting with the prequalification manager to discuss the decision and to seek its modification.

(2) If the bidder fails to submit a written request for a meeting in a timely manner, then the decision of the prequalification committee is final and not subject to further contest or appeal.

(3) If a meeting is requested in a timely manner, then the prequalification manager shall meet with the bidder to seek a resolution of the differences. The prequalification manager may have other department employees or representatives attend and participate in the meeting. The prequalification manager may seek agreement on an improvement plan.

(4) After the meeting and any further review by the prequalification manager, in consultation with department employees or representatives, the prequalification manager shall make a decision on the appeal and give the bidder written notice of the decision. The prequalification manager may impose an improvement plan as part of the decision.

History

History: 2002 AACS; 2009 AACS.

Mich. Admin. Code R 247.82 Informal review of the prequalification decision; review panel {#sec-r-247.82 omnilex-key=us-mi-regs-official--dept-transportation--R 247.82}

Rule 82. (1) A bidder may submit a written request, within 14 days after a final decision under R 247.81, for a meeting with the prequalification review panel to discuss the decision of the prequalification manager and to seek its modification by the panel.

(2) If the bidder fails to submit a written request for a meeting in a timely manner, the decision of the prequalification manager is final and not subject to further contest or appeal.

(3) If a meeting is requested in a timely manner, the review panel, comprised of 3 staff appointed by the department director, shall meet with the bidder and conduct an informal inquiry and review of the prequalification decision and its basis. The review panel may seek agreement on an improvement plan.

(4) If an agreement is not reached, the panel may modify, confirm, or impose an improvement plan as part of its decision. The panel shall make its decision after the meeting and any further review and consultation with department employees and representatives.

(5) The panel shall give the bidder written notice of its decision within 30 days of the final meeting with a bidder.

History

History: 2002 AACS; 2009 AACS.

Mich. Admin. Code R 247.83 Appeal to prequalification appeal board {#sec-r-247.83 omnilex-key=us-mi-regs-official--dept-transportation--R 247.83}

Rule 83. (1) A bidder may submit a written appeal to the prequalification appeal board within 14 days after a decision under R 247.82.

(2) A contested case hearing shall then be scheduled and conducted in accordance with 1969 P.A. 306, MCL 24.201 et seq.

(3) An administrative law judge will conduct the hearing and may choose to consult with the board during the course of the proceedings. The administrative law judge shall prepare a proposal for decision, for approval and issuance by the board. The board retains the authority to decide any disputed issue.

(4) The decision of the prequalification appeal board constitutes the final decision of the department. An appeal may be submitted in a timely manner from an adverse decision under section 103 of 1969 P.A. 306, MCL 24.303.

History

History: 2002 AACS; 2009 AACS.

Bureau of Highway Development Bureau of Highway Development

R 247.101 to R 247.109 Junk Yards Adjacent to Highways

Mich. Admin. Code R 247.101 Definitions {#sec-r-247.101 omnilex-key=us-mi-regs-official--dept-transportation--R 247.101}

DEPARTMENT OF TRANSPORTATION

BUREAU OF HIGHWAY TECHNICAL SERVICES

JUNK YARDS ADJACENT TO HIGHWAYS

(By authority conferred on the department of state highways by section 7 of Act No. 219 of the Public Acts of 1966, being S252.207 of the Michigan Compiled Laws)

Rule 1. (1) The words and phrases defined in the act have the same meaning when used in these rules.

(2) "Act" means Act No. 219 of the Public Acts of 1966, being SS252.201 to 252.211 of the Michigan Compiled Laws.

(3) "Department" means the department of state highways.

(4) "Industrial activity" means an activity generally recognized as an industrial activity by the zoning authorities in this state, except that none of the following shall be considered an industrial activity:

(a) Outdoor advertising structures.

(b) Agricultural, forestry, ranching, grazing, farming and related activities, including, but not limited to, wayside fresh produce stands.

(d) Transient or temporary activities.

(e) Activities not visible from the traffic lanes of the main traveled way.

(f) Activities more than 300 feet from the nearest edge of the main traveled way.

(g) Activities conducted in a building principally used as a residence.

(h) Railroad tracks, minor sidings and passenger depots.

(i) Junk yards, as defined in 23 U.S.C. S136.

(5) "Unzoned industrial area" means land occupied by a regularly used building, parking lot, storage area or processing area of an industrial activity, and land within 1,000 feet of the nearest edge of the right-of-way which meets all of the following:

(a) It is located on the same side of the highway as the principal part of the activity.

(b) It is not predominantly used for residential or commercial purposes.

History

History: 1979 AC.

Mich. Admin. Code R 247.102 Inventory of junk yards and review {#sec-r-247.102 omnilex-key=us-mi-regs-official--dept-transportation--R 247.102}

Rule 2. (1) An inventory of existing junk yards within 1,000 feet of the nearest edge of the right-of-way of all interstate and primary highways will be established by the department. The department may make additions to or exclusions from the inventory on receipt of satisfactory information substantiating the desirability of such changes.

(2) Junk yard sites appearing on the inventory that are not in compliance with the act will be considered for screening, relocation of junk material, or removal after a determination has been made as to the status of each site with regard to junk yard control factors established by law and rules.

(3) Junk yard sites along highways determined in the future to be interstate or primary highways, and not now so designated, will be within the controls of the act.

Such junk yard sites will be considered for screening, relocation, or removal if they meet all the conditions set forth in R 247.103.

History

History: 1979 AC.

Mich. Admin. Code R 247.103 Junk yards subject to control {#sec-r-247.103 omnilex-key=us-mi-regs-official--dept-transportation--R 247.103}

Rule 3. Junk yard sites meeting all of the following conditions are subject to control:

(a) Those within 1,000 feet from the nearest edge of the right-of-way of an interstate or primary highway.

(b) Those not located within areas zoned industrial by law.

(d) Those which are visible from the main traveled way of an interstate or primary highway.

(e) Those which are not adequately screened as determined by the department.

(f) Those containing 10 or more wrecked or partially dismantled automobiles or other junk materials.

History

History: 1979 AC.

Mich. Admin. Code R 247.104 Review and determination of type of control {#sec-r-247.104 omnilex-key=us-mi-regs-official--dept-transportation--R 247.104}

Rule 4. A junk yard site subject to control will be reviewed by the department to determine:

(a) The physical possibility of adequately screening the site from visibility from the main traveled way of the highway.

(b) If the site is screenable, the most practical and economic type of screening and the location of such screening. Sites to be screened will be so determined after evaluation of the following:

(i) Cost of screening.

(ii) Cost of removal of junk to screened location, if possible.

(iii) Cost of removal or relocation of junk yard.

(c) A site not possible or economically feasible to screen will be programmed for relocation or removal with just compensation to the owners.

History

History: 1979 AC.

Mich. Admin. Code R 247.105 Screening {#sec-r-247.105 omnilex-key=us-mi-regs-official--dept-transportation--R 247.105}

Rule 5. (1) Appropriate screening materials and location of screening installations will be chosen by the department. Screening materials may consist of landscape plantings, screen fences, earth mounds, or other appropriate means. In selecting screening materials, consideration will be given to existing conditions at each site so an effective and attractive screen installation can be provided for. Where adequate existing screening occurs on a portion of the site to be screened, such existing features will be incorporated in the overall screening proposed for the site.

(2) The location of screening installations will be selected with consideration given to the following factors:

(a) A location that effectively screens existing stored junk.

(b) A location that allows the use of the minimum practical amount of screening both as to length and height of installation.

(d) A location that considers the operating interests of the junk yard owner consistent with screening requirements.

(e) Combination business interests, where existing, will be recognized.

Screen locations may provide for unscreened business areas off the highway rightof-way. Such business areas may not be used for storage of existing or future junk.

(f) Locations near property lines will be used insofar as such locations do not require substantial additional screening.

(g) Where feasible, considering practical and economic aspects, screening will be placed on existing highway right-of-way.

(h) Where necessary, screening will be located off the highway right-ofway. Highway beautification easements will be secured for the use of land outside the highway right-of-way required to construct and maintain screening installations.

Junk materials located on areas required for screening installations will be moved prior to construction of the installation.

History

History: 1979 AC.

Mich. Admin. Code R 247.106 Expansion of existing, and installation of new, junk yards {#sec-r-247.106 omnilex-key=us-mi-regs-official--dept-transportation--R 247.106}

Rule 6. (1) Expansion of junk yard sites subject to the control of the act shall provide for adequate screening of all expanded storage areas at the expense of the owner or operator. Screening shall be of a nature compatible with the intent of the act to enhance the appearance of lands bordering public highways. Screening of such expanded operations is subject to the control of the department. A permit procedure will be maintained by the department to regulate expansion of existing junk yards.

(2) A new junk yard installed in an area subject to control by the act and as set forth in R 247.103 shall provide for adequate screening at the expense of the owner or operator. Screening shall be of a nature compatible with the intent of the act to enhance the appearance of lands bordering public highways. A permit procedure will be maintained by the department to regulate new junk yards adjacent to interstate and primary highways.

History

History: 1979 AC.

Mich. Admin. Code R 247.109 Enforcement of rules {#sec-r-247.109 omnilex-key=us-mi-regs-official--dept-transportation--R 247.109}

Rule 9. If a junk yard is maintained, expanded, or established not in compliance with the act, rules, and permit procedures of the department, the noncompliance will be brought to the attention of the owner by the department. A reasonable time will be allowed for such compliance. Failure to comply with the act, rules, and permit procedures of the department will occasion the department to apply to the court of proper jurisdiction for an injunction to compel compliance therewith.

History

History: 1979 AC.

R 247.151 to R 247.166 Local Bridge Program Rules

Mich. Admin. Code R 247.151 Rescinded {#sec-r-247.151 omnilex-key=us-mi-regs-official--dept-transportation--R 247.151}

DEPARTMENT OF TRANSPORTATION

BUREAU OF HIGHWAY DEVELOPMENT

LOCAL BRIDGE PROGRAM

(By authority conferred on the department of transportation by 1951 PA 51, MCL 247.660 and 247.661b)

History

History: 1954 ACS 79, Eff. May 22, 1974; 1954 ACS 100, Eff. Aug. 28, 1979; 1979 AC; 2007 AACS.

Mich. Admin. Code R 247.152 Rescinded {#sec-r-247.152 omnilex-key=us-mi-regs-official--dept-transportation--R 247.152}

History

History: 1954 ACS 79, Eff. May 22, 1974; 1979 AC; 2007 AACS.

Mich. Admin. Code R 247.153 Rescinded {#sec-r-247.153 omnilex-key=us-mi-regs-official--dept-transportation--R 247.153}

History

History: 1954 ACS 79, Eff. May 22, 1974; 1954 ACS 100, Eff. Aug. 28, 1979; 1979 AC; 2007 AACS.

Mich. Admin. Code R 247.154 Rescinded {#sec-r-247.154 omnilex-key=us-mi-regs-official--dept-transportation--R 247.154}

History

History: 1954 ACS 79, Eff. May 22, 1974; 1954 ACS 100, Eff. Aug. 28, 1979; 1979 AC; 2007 AACS.

Mich. Admin. Code R 247.155 Rescinded {#sec-r-247.155 omnilex-key=us-mi-regs-official--dept-transportation--R 247.155}

History

History: 1954 ACS 79, Eff. May 22, 1974; 1954 ACS 100, Eff. Aug. 28, 1979; 1979 AC; 2007 AACS.

Mich. Admin. Code R 247.156 Rescinded {#sec-r-247.156 omnilex-key=us-mi-regs-official--dept-transportation--R 247.156}

History

History: 1954 ACS 79, Eff. May 22, 1974; 1979 AC; 2007 AACS.

Mich. Admin. Code R 247.161 Definitions {#sec-r-247.161 omnilex-key=us-mi-regs-official--dept-transportation--R 247.161}

Rule 1. (a) "Bridge" means a structure with a total clear span of at least 20 feet measured along the centerline of the roadway over a stream, watercourse, or opening.

For a span bridge, this means that the clear opening span, measured face-to-face of the inside of the abutments, is 20 feet or greater. Multi-unit culverts are considered bridges if the total length as measured along the centerline of the roadway is at least 20 feet and if the distance between the culvert units is less than half the diameter of the smallest unit.

(b) "Department" means the Michigan department of transportation.

(d) "Local bridge advisory board" means the statewide board, as defined in 2004 PA 384, MCL 247.660.

(e) "Local bridge program" means a program established for reconstruction, replacement, rehabilitation, and preventative maintenance of bridges under the jurisdiction of counties, cities, and villages.

(f) "Multi-year plan" means a list of bridge projects expected and planned to be placed under contract in a multi-year period.

(g) "Regional bridge council" means the council representing one of the regions within the state. The councils and the regions are as defined in 2004 PA 384, MCL 247.660.

History

History: 2007 AACS.

Mich. Admin. Code R 247.162 Procedure; annual listing {#sec-r-247.162 omnilex-key=us-mi-regs-official--dept-transportation--R 247.162}

Rule 2. (1) The local bridge advisory board, in cooperation with the department, shall develop such procedural guides and processes as are required to administer the local bridge program.

(2) The regional bridge councils, in cooperation with the local bridge advisory board, shall develop a multi-year bridge plan for each of the regions in the state.

History

History: 2007 AACS.

Mich. Admin. Code R 247.163 Eligibility; priority {#sec-r-247.163 omnilex-key=us-mi-regs-official--dept-transportation--R 247.163}

Rule 3. (1) In the preparation of a list of bridge projects, the local bridge advisory board and the regional bridge councils shall take into account the following factors:

(a) Present and future importance of the bridge to the highway, road, or street network of which it is a part, and the importance of the highway, road, or street network to the area.

(b) Inadequate load carrying capacity calculated in accordance with methods prescribed by the department.

(2) In the determination of priority for funding, the local bridge advisory board and the regional bridge councils shall give priority to a bridge which has inadequate load carrying capacity and where the highway authority is severely limited in ability to improve the bridge through use of other funds.

History

History: 2007 AACS.

Mich. Admin. Code R 247.164 Letting of projects; performance of construction engineering {#sec-r-247.164 omnilex-key=us-mi-regs-official--dept-transportation--R 247.164}

Rule 4. (1) Local agency bridge projects, funded through the local bridge program, shall be let to contract by the department under the following conditions:

(a) The highway authority has secured department approval of plans, specifications, and estimated costs for the proposed work. The plans shall have been prepared by a qualified engineer registered to practice professional engineering in Michigan.

(b) The highway authority has adequate funds available, in addition to local bridge funds, to complete the bridge work.

(2) The department shall award and administer the construction contract unless the federal highway administration has otherwise authorized the contract to be let by the local agency.

(3) The construction engineering may be done by the engineering staff of the highway authority or by the engineer consultant retained by the highway authority.

(4) Funds from the local bridge program shall be used for participating construction costs. The costs of preliminary engineering, construction engineering, and right of way acquisition are not paid from the local bridge fund.

History

History: 2007 AACS.

Mich. Admin. Code R 247.165 Design requirements for bridge projects {#sec-r-247.165 omnilex-key=us-mi-regs-official--dept-transportation--R 247.165}

Rule 5. Bridge reconstruction and replacement projects, shall be designed to meet the current American Association of State Highway and Transportation Official's (AASHTO) guidelines as included in "A Policy on Geometric Design of Highways and Streets, 5th Edition" which is available for viewing at the Michigan Department of Transportation, 425 W. Ottawa Street, Lansing, MI 48909 or may be ordered for $120 ($100 for AASHTO members) online at www.transportation.org, or by calling (800) 231-3475.

History

History: 2007 AACS.

Mich. Admin. Code R 247.166 Open meetings {#sec-r-247.166 omnilex-key=us-mi-regs-official--dept-transportation--R 247.166}

Rule 6. (a) The local bridge advisory board and regional bridge council meetings shall be made public as required by the open meetings act, 1976 PA 267, MCL 15.261-MCL 15.275.

History

History: 2007 AACS.

R 247.171 to R 247.175 Traction Devices

Mich. Admin. Code R 247.171 Definitions {#sec-r-247.171 omnilex-key=us-mi-regs-official--dept-transportation--R 247.171}

DEPARTMENT OF TRANSPORTATION

BUREAU OF HIGHWAY TECHNICAL SERVICES

TRACTION DEVICES

(By authority conferred upon the department by section 710 of Act No. 300 of the Public Acts of 1949, as amended, being S257.710 of the Michigan Compiled Laws)

Rule 1. (1) "Reference standard studded tire" means size E 78-14, 4-ply, bias construction tubeless snow tire containing 90 studs (kennametal class III (16-3-585)) fixed in 6 rows around the tire with 15 studs in each row. This reference tire was chosen because it was that used in the wear tests reported in laboratory evaluation of pavement damage caused by studded tires, salt, and abrasive sand, final report, American oil company, project 6128, May 1971.

(2) "Bias construction tire" means a pneumatic tire in which the ply cords extending to the beads are laid at alternate angles substantially less than 90 degrees to the centerline of the tread.

(3) "Northern Lower Peninsula" means all counties whose southern boundaries are as far or farther north than the southern boundary of Missaukee county.

History

History: 1979 AC.

Mich. Admin. Code R 247.172 Applicability {#sec-r-247.172 omnilex-key=us-mi-regs-official--dept-transportation--R 247.172}

Rule 2. (1) These rules apply to all public streets and highways in this state.

(2) These rules do not prevent the application of any other statute or local ordinance which is more restrictive than these rules. Traction devices shall not be used pursuant to these rules unless there is compliance with other laws and ordinances.

History

History: 1979 AC.

Mich. Admin. Code R 247.173 Restrictions on use {#sec-r-247.173 omnilex-key=us-mi-regs-official--dept-transportation--R 247.173}

Rule 3. After March 31, 1975, a vehicle or special mobile equipment shall not be operated on the public streets or highways of this state on metal or plastic track or on tires which are equipped with metal that comes in contact with the surface of the road or which have a partial contact of metal or plastic with the surface of the road, except as provided in section 710 of Act No. 300 of the Public Acts of 1949, as amended, being S257.710 of the Michigan Compiled Laws, or unless the device meets the requirements set forth in these rules.

History

History: 1979 AC.

Mich. Admin. Code R 247.174 Use of traction devices {#sec-r-247.174 omnilex-key=us-mi-regs-official--dept-transportation--R 247.174}

Rule 4. Studs or other traction devices shall not be used unless they wear either concrete or asphalt pavements, typical of those in this state, at a rate not to exceed 25% of the reference standard studded tire.

History

History: 1979 AC.

Mich. Admin. Code R 247.175 Seasonal restrictions {#sec-r-247.175 omnilex-key=us-mi-regs-official--dept-transportation--R 247.175}

Rule 5. Traction devices permitted under these rules may be used only between November 15 and April 1 of the succeeding year except in the Upper Peninsula and the northern Lower Peninsula, where, because of extreme winter snow and ice conditions, they may be used between October 1 and May 1 of the succeeding year.

History

History: 1979 AC.

R 247.201 to R 247.358 Driveways, Banners, and Parades On and Over Highways

Mich. Admin. Code R 247.201 Definitions; B, C {#sec-r-247.201 omnilex-key=us-mi-regs-official--dept-transportation--R 247.201}

DEPARTMENT OF TRANSPORTATION

BUREAU OF HIGHWAY TECHNICAL SERVICES

DRIVEWAYS, BANNERS, AND PARADES ON AND OVER HIGHWAYS

(By authority conferred on the executive director of the Michigan administrative hearing system by section 5 of 1969 PA 200, MCL 247.325, and Executive Reorganization Order Nos. 2005-1, and 2011-4, MCL 445.2011, and MCL 445.2021, MCL 445.2030)

PART 1. GENERAL PROVISIONS

Rule 1. (1) The terms defined in Act No. 200 of the Public Acts of 1969 have the same meaning when used in these rules, except that the term "highway" means only a state trunk line highway.

(2) "Banner" means an arrangement of words, lettering or symbols or a decorative device, including a Christmas decoration, suspended over any portion of a highway or adjacent to a travel lane.

(3) "Buffer area" means a portion of a highway right-of-way adjacent to a pavement that serves as a physical barrier between highway traffic and activity on private property.

(4) "Circle driveway" means a private driveway that enters and leaves private property at 2 points within the same frontage.

(5) "Clear vision area" means land acquired or used by the agency having jurisdiction over a highway, for the purpose of maintaining unobstructed vision.

(6) "Commercial driveway" means a driveway serving a commercial establishment, industry, governmental or educational institution, hospital, church, apartment building, or other large traffic generator.

(7) "Commission" means the Michigan state highway commission.

History

History: 1979 AC.

Mich. Admin. Code R 247.202 Definitions; D {#sec-r-247.202 omnilex-key=us-mi-regs-official--dept-transportation--R 247.202}

Rule 2. (1) "Department" means the Michigan department of state highways.

(2) "Directional driveway" means a driveway designed so that traffic leaving the highway is separated from traffic entering the highway with some turning movements prohibited.

(3) "Divided driveway" means a driveway designed so that traffic leaving the highway is separated from traffic entering the highway.

(4) "Dual service driveways" means 2 adjacent commercial driveways designed to facilitate traffic movement from a highway to a single private property by use of either driveway and a return to the highway by use of the other driveway.

History

History: 1979 AC.

Mich. Admin. Code R 247.204 Definitions; F to L {#sec-r-247.204 omnilex-key=us-mi-regs-official--dept-transportation--R 247.204}

Rule 4. (1) "Field entrance" means a driveway serving a farmyard, cultivated or uncultivated field, timberland, or undeveloped land not used for industrial, commercial or residential purposes.

(2) "Frontage" means a private property line that abuts a highway right-ofway.

(3) "Limited access" means a highway right-of-way in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the highway except at designated access points, determined by the public authority having jurisdiction over the highway.

History

History: 1979 AC.

Mich. Admin. Code R 247.206 Definitions; R to U {#sec-r-247.206 omnilex-key=us-mi-regs-official--dept-transportation--R 247.206}

Rule 6. (1) "Residential driveway" means a driveway serving a private home.

(2) "Resolution" means a resolution passed by a local governing body authorizing a specific official to apply to the department for an individual permit, or for all permits in a blanket resolution, wherein the governing body agrees to indemnify and save harmless all persons from claims of every kind arising out of operations authorized by such permit as is issued.

(3) "Right-of-way line" means a boundary between private property and public land under legal control of the agency having jurisdiction over the highway.

(4) "Utility structure driveway" means a driveway serving a utility structure, such as a pumphouse or substation, which operates automatically and requires only occasional access.

History

History: 1979 AC.

Mich. Admin. Code R 247.211 Applicability {#sec-r-247.211 omnilex-key=us-mi-regs-official--dept-transportation--R 247.211}

Rule 11. (1) These rules apply to all highways under the jurisdiction of the commission.

(2) Nothing in these rules shall be construed to prevent the application of the provisions of any other statute of this state or any local ordinance which is more restrictive than these rules nor to preclude any city or village from requiring city or village permits with respect to any street or highway within its corporate limits. No permit shall be issued pursuant to these rules unless there is compliance with other provisions of law and ordinances.

History

History: 1979 AC.

Mich. Admin. Code R 247.213 Permits; necessity {#sec-r-247.213 omnilex-key=us-mi-regs-official--dept-transportation--R 247.213}

Rule 13. A person, organization, or governmental unit shall not undertake or conduct any of the following activities on or along a highway unless a permit has been obtained from the department:

(a) Construct, reconstruct, relocate, or surface a driveway or related construction.

(b) Operate, use, or maintain a new driveway.

(d) Close a section of a highway to normal traffic for the purpose of staging a parade, celebration, festival, or similar activity.

History

History: 1979 AC.

Mich. Admin. Code R 247.214 Processing of permits {#sec-r-247.214 omnilex-key=us-mi-regs-official--dept-transportation--R 247.214}

Rule 14. (1) A permit shall not be issued for a driveway, banner, parade, celebration, or festival along or over a limited access highway.

(2) The department may authorize local governmental agencies to review or process applications and to perform necessary site inspections.

(3) Construction of a new driveway or reconstruction of a driveway connecting to a highway shall be allowed only after a permit has been obtained from the department. The construction or reconstruction of a driveway shall be as described in the permit and plans or drawings attached, unless the department authorizes a change.

(4) Future changes in the use of property abutting a highway, such as a change from residential to commercial use or a change in the type of commercial operation, may require changes in the number, design, or location of driveways constructed after the effective date of these rules.

The property owner then shall obtain a new permit from the department.

(5) In the case of commercial, industrial, or other developments where driveway access or related activities may be complicated or where the available parking area on private property is limited, the department may be contacted in the initial site planning stages before application for a permit. An approved preliminary site plan satisfactory to all parties then may be established early in the development process.

History

History: 1979 AC.

Mich. Admin. Code R 247.215 Enforcement {#sec-r-247.215 omnilex-key=us-mi-regs-official--dept-transportation--R 247.215}

Rule 15. (1) If a person fails to comply with any provisions of a permit or fails to obtain an appropriate permit, the department may halt his activity for which a permit is required until adequate corrections have been made. Costs incurred by the department in correcting failure to comply with the terms and conditions of a permit, failure to obtain a permit, or defective workmanship or materials shall be borne by the applicant or person undertaking the activity.

(2) The applicant or his representative shall perform all work and pay all costs in connection with permitted activities.

PART 2. DRIVEWAY PERMITS

History

History: 1979 AC.

Mich. Admin. Code R 247.221 Applications {#sec-r-247.221 omnilex-key=us-mi-regs-official--dept-transportation--R 247.221}

Rule 21. (1) An application for a driveway permit shall be accepted from a property owner, governmental agency, lessee, or its legally authorized agent.

(2) An application for a driveway permit shall be submitted in the manner prescribed on forms supplied by the department. The application shall contain or be accompanied by a certification of either legal ownership or agency authorization.

The application shall be accompanied by plans or drawings containing the information required by R 247.222 and shall include the applicable design features required by part 3.

History

History: 1979 AC.

Mich. Admin. Code R 247.222 Plans or drawings {#sec-r-247.222 omnilex-key=us-mi-regs-official--dept-transportation--R 247.222}

Rule 22. Copies of a driveway permit application shall be accompanied by plans or drawings clearly indicating the following features of the site and abutting highway as the department may require:

(a) Existing highway pavement, ditches, right-of-way and property lines, highway appurtenances, utilities, medians, if existing, and dimensions thereof.

(b) For commercial driveways, buildings, both proposed and existing, and appurtenances and dimensions thereof, including a notation as to present use of the buildings and details of internal traffic circulation, parking, and traffic signs.

(c) Design features in accordance with part 3 of driveways, tapers and right-turn lanes to be constructed, reconstructed, relocated, surfaced, resurfaced, operated, used, or maintained, including the following dimensions and features:

(i) Widths of driveways.

(ii) Radii of driveway returns and other points of curvature.

(iii) Driveway grades or profile view of drive, when necessary.

(iv) Angle of the driveway relative to the highway centerline.

(v) Dimensions of traffic islands adjacent to the highway.

(vi) Driveway surface material and traffic island surface material.

(d) Distance from each existing and proposed driveway on the site to:

(i) Nearest intersecting street, road, or highway.

(ii) Nearest driveway on adjacent properties.

(iii) Street, road, highway, or driveways opposite the site.

(iv) Property lines and property lines extended to the highway centerline.

(v) Buildings and business appurtenances on the site.

(e) Features in addition to driveways to be constructed within the highway right-of-way, including traffic control islands, curb, sidewalks, and authorized traffic signs.

(f) Existing and proposed drainage structures and controls to include:

(i) Size of drive culvert.

(ii) Type of culvert.

(iii) Type of culvert end treatment.

(iv) Grade of culvert.

(v) Direction of surface water flow on or from adjacent property.

(g) North directional arrow.

History

History: 1979 AC.

Mich. Admin. Code R 247.223 Specifications and design standards {#sec-r-247.223 omnilex-key=us-mi-regs-official--dept-transportation--R 247.223}

Rule 23. The design, location, construction, and operation of driveways and related construction within the highway right-of-way shall meet requirements of the current department standard specifications for highway construction and the design standards required by part 3 of these rules. A deviation therefrom shall be consistent with current and projected traffic volumes on the highway and on the driveway, adjacent development, equivalence of materials and methods, and safety requirements of persons using the driveways and highway. The deviation shall be authorized only by the department.

History

History: 1979 AC.

Mich. Admin. Code R 247.224 Conditions and limitations in permits {#sec-r-247.224 omnilex-key=us-mi-regs-official--dept-transportation--R 247.224}

Rule 24. A driveway permit is subject to the following conditions and limitations:

(a) The department reserves the right of inspection by its authorized representatives of a driveway constructed within a highway right-of-way. The permittee shall reimburse the department for the services of an on-the-job inspection which may be required for major commercial developments or other special cases.

(b) The department or its representative may require that it be given at least 5 days' notice before commencement of an operation covered by the permit.

(d) The permittee shall take, provide, and maintain necessary precautions to prevent injury or damage to persons and property from operations covered by the permit, and shall use warning signs and safety devices which are in accordance with the current Michigan manual of uniform traffic control devices.

(e) The permittee shall surrender the permit and all rights thereunder when notified to do so by the department because of its need for the area covered by the permit or because of default of any provision of the permit. The department may grant the person a new permit.

(f) Altered natural drainage shall not be permitted to flow onto the highway right-of-way unless special provisions are approved by the department.

(g) The permit holder shall remove all surplus materials to an area outside of the highway right-of-way, unless the permit provides for disposal at locations within the highway right-of-way. Excavated material shall be stockpiled so it does not adversely affect the safety of traffic.

(h) Work authorized by the permit shall be completed to the satisfaction of the department on or before the completion date specified in the permit. A request for an extension of time for completion of this work shall include reasons for the request. Approval of extension of time shall be based on extenuating circumstances and absence of neglect by the permittee.

(i) The property owner or his agent shall maintain the driveways set forth in the permit.

History

History: 1979 AC.

Mich. Admin. Code R 247.226 Indemnity and insurance {#sec-r-247.226 omnilex-key=us-mi-regs-official--dept-transportation--R 247.226}

Rule 26. A permittee shall save harmless the department against any claim for damages arising from his negligence or his contractor's negligence in operations covered by the permit. Certificates of insurance may be required in case of a commercial driveway to insure claims for damage or personal injury. General liability insurance carried by an applicant or contractor is acceptable.

History

History: 1979 AC.

Mich. Admin. Code R 247.227 Performance bonds {#sec-r-247.227 omnilex-key=us-mi-regs-official--dept-transportation--R 247.227}

Rule 27. (1) A performance bond shall be required by a permit which is issued for construction or reconstruction of a commercial driveway to protect the department against the cost of completing construction or correcting deficiencies. A reasonable amount of coverage of the bond shall be determined by the department. A bond shall not be required from a governmental agency.

(2) Acceptable types of bonds may be a certified check or money order payable to the department or a surety bond executed on forms obtainable from the department.

PART 3. DRIVEWAY DESIGN STANDARDS

History

History: 1979 AC.

Mich. Admin. Code R 247.231 Driveway locations {#sec-r-247.231 omnilex-key=us-mi-regs-official--dept-transportation--R 247.231}

Rule 31. (1) A driveway shall be so located that no undue interference with the free movement of highway traffic will result. A driveway shall be so located also to provide the most favorable vision and grade conditions possible for motorists using the highway and the driveway consistent with development of the site considering proper traffic operations and safety.

(2) A driveway, including the radii but not including the right-turn lanes and tapers, shall be located entirely within the area between the permittee's property lines extended to the centerline of the highway. A driveway radius may extend outside of that area only if the adjacent property owner certifies in writing that he will permit such extension.

(3) If the driveway is to be located adjacent to a highway intersection, the following shall apply:

(a) If the intersecting highway is curbed, the point of curvature of the driveway radius shall be at least 20 feet from the point of curvature of the intersecting highway radius.

(b) If the intersecting highway is uncurbed, the point of curvature of the driveway radius shall be at least 50 feet from the edge of pavement of the intersecting highway.

(c) When an existing highway or driveway is reconstructed or the requirements in subdivisions (a) or (b) cannot be applied, the driveway radius shall not encroach upon the intersection radius unless such encroachment is physically unavoidable.

(4) A driveway shall not be constructed along the acceleration or deceleration lanes and tapers connecting to interchange ramp terminals, unless no other reasonable access point is available.

History

History: 1979 AC.

Mich. Admin. Code R 247.232 Clear vision and buffer areas {#sec-r-247.232 omnilex-key=us-mi-regs-official--dept-transportation--R 247.232}

Rule 32. (1) At an intersection or railroad crossing where the department owns limited access right-of-way to provide a clear vision area, a driveway shall not enter or cross that clear vision area. At an intersection or railroad crossing where the department has an easement for a clear vision area, a driveway shall not enter or cross that clear vision area if another reasonable access point is available.

(2) Adjacent to and on both sides of a driveway, a buffer area between the rightof-way line and the pavement edge shall be used, as determined by the department, to provide a physical barrier between highway traffic and activity on private property. A buffer area is needed to provide an unobscured vision area and to prevent potentially hazardous movement of vehicles, especially at undesirable angles of approach, from and to the highway. The buffer area shall consist of a lawn area, a low shrub area, a ditch, or equivalent. Where encroachment of vehicle parking on the buffer area takes place or may take place, the department may require the buffer area to be established by guardrail, guard posts, curb, or equivalent.

History

History: 1979 AC.

Mich. Admin. Code R 247.233 Design features {#sec-r-247.233 omnilex-key=us-mi-regs-official--dept-transportation--R 247.233}

Rule 33. The design features described in this rule and illustrated in figure 1 shall be used by the applicant in dimensioning a proposed driveway or driveway system on plans accompanying the driveway permit application. The dimensions to be used for various driveway design features, shown as a standard with a working range of dimensions, are given in tables 1 to 7, R 247.237 to R 247.249. These standard dimensions shall be used unless conditions warrant a deviation. The department may specify particular dimensions so a particular driveway system will accommodate vehicle movements normally expected without creating undue congestion or hazard on the highway or to provide reasonable access. The letters in the following design features refer to features in figure 1:

(a) Intersecting angle, A, the clockwise angle from a highway centerline to a driveway reference line which is the centerline or the edge of the driveway.

(b) Driveway width, B, the distance between driveway edges of pavement or edges of the gravel surface measured at the point where the edges of the driveway become parallel, point b in figure 1. If the right-of-way line is so close to the pavement that point b falls on the applicant's property, then the width of the driveway at the rightof-way line shall be based on the projected driveway width.

(c) Entering radius, C, the radius of a driveway edge curve on the right side of a vehicle entering the applicant's property.

(d) Exiting radius, D, the radius of a driveway edge curve on the right side of a vehicle leaving the applicant's property.

(e) Curb ending, E, the length of the height transition of the driveway curb from ground level to full curb height along an uncurbed highway. This curb transition may be 10 feet minimum.

(f) Right-turn lane length, F, the length of an auxiliary lane constructed preceding the driveway to accommodate right-turn traffic entering the applicant's property.

(g) Right-turn lane width, G, the width edge-to-edge of a right-turn lane, or the width edge-to-edge at the full width of entering and exiting tapers.

(h) Entering taper, H, the length of a pavement widening, preceding the driveway for a right-turn lane or taper.

(i) Exiting taper, J, the length of a pavement narrowing, following the driveway.

(j) Entrance drive width, K, the width of the portion of a divided or a directional driveway that is used by a vehicle entering the applicant's property.

(k) Exit drive width, L, the width of the portion of a divided or a directional driveway that is used by a vehicle leaving the applicant's property.

(l) Island width, M, the edge-to-edge distance between an entrance drive and an exit drive.

(m) Island length, N, the distance between ends of the island, measured parallel to the entrance drive.

(n) Nose offset, P, the distance between the edge of pavement and the traffic island of a divided or directional driveway.

(o) Curb cut, R, the length of the opening along a highway curb for a straightsided residential driveway.

(p) Distance between driveways, S, the inside distance between 2 adjacent driveways measured along a highway right-of-way line.

Figure for 247.233

History

History: 1979 AC.

Mich. Admin. Code R 247.234 Commercial driveways; permits {#sec-r-247.234 omnilex-key=us-mi-regs-official--dept-transportation--R 247.234}

Rule 34. A permit application for a commercial driveway shall specify the driveway system requested, including the number and type: 2-way, 1-way, divided, dual service or directional. The department may approve the requested system or may require changes in it to insure safe conditions and necessary spacing between driveways, based on anticipated traffic volumes on the driveways and on the highway, type of traffic to use the driveways, type of roadside development and other operational considerations.

History

History: 1979 AC.

Mich. Admin. Code R 247.235 Commercial driveways; consolidation {#sec-r-247.235 omnilex-key=us-mi-regs-official--dept-transportation--R 247.235}

Rule 35. Adjacent property owners may consolidate their commercial driveways by using either a frontage road or a joint driveway system. If the department approves such a system, a driveway permit shall be issued to all property owners concerned and shall state that there is an agreement that all properties shall have access to the highway via the frontage road and the joint driveway system.

History

History: 1979 AC.

Mich. Admin. Code R 247.236 Commercial driveways; alteration of dimensions {#sec-r-247.236 omnilex-key=us-mi-regs-official--dept-transportation--R 247.236}

Rule 36. If the highway carries 1-way traffic, the dimensions given in R 247.241 and R 247.242 may be altered so that the prohibited movements are discouraged. If the driveway system is on the left-hand side of a 1-way highway, the dimensions used shall be based on the same principles as used on right-hand side driveways.

History

History: 1979 AC.

Mich. Admin. Code R 247.237 Commercial driveways; right-turn lanes {#sec-r-247.237 omnilex-key=us-mi-regs-official--dept-transportation--R 247.237}

Rule 37. The applicant shall provide right-turn lanes or tapers as part of a commercial driveway system if the department determines that such right-turn lanes or tapers are required to minimize congestion or hazard on the highway caused by vehicles entering the applicant's driveways. A right-turn lane shall be preceded by a taper. The design feature dimensions of a right-turn lane and taper shall conform to those given in table 1.

Figure for 247.237

History

History: 1979 AC.

Mich. Admin. Code R 247.241 Two-way commercial driveways {#sec-r-247.241 omnilex-key=us-mi-regs-official--dept-transportation--R 247.241}

Rule 41. The design feature dimensions of a 2-way commercial driveway shall conform to those given in table 2.

Figure for 247.241

History

History: 1979 AC.

Mich. Admin. Code R 247.242 One-way commercial driveways {#sec-r-247.242 omnilex-key=us-mi-regs-official--dept-transportation--R 247.242}

Rule 42. The design feature dimensions of a 1-way commercial driveway shall conform to those given in table 3.

Figure for 247.242

History

History: 1979 AC.

Mich. Admin. Code R 247.243 Divided commercial driveways {#sec-r-247.243 omnilex-key=us-mi-regs-official--dept-transportation--R 247.243}

Rule 43. A divided commercial driveway shall have a curbed island separating the entrance drive and the exit drive. The radii forming the edges on this island shall be designed to accommodate the largest vehicle that will normally use the driveway.

The minimum area of the island shall be 50 square feet. The design feature dimensions of a divided commercial driveway shall conform to those given in table 4.

Figure for 247.243

History

History: 1979 AC.

Mich. Admin. Code R 247.244 Dual service driveways {#sec-r-247.244 omnilex-key=us-mi-regs-official--dept-transportation--R 247.244}

Rule 44. To facilitate vehicle movements between a highway and private property when the major vehicle movement at a commercial establishment is approximately parallel to the highway, such as at a service station or drive-in bank, the department may permit dual service driveways. The design feature dimensions of dual service driveways shall conform to those given in table 5.

History

History: 1979 AC.

Mich. Admin. Code R 247.245 Directional commercial driveways {#sec-r-247.245 omnilex-key=us-mi-regs-official--dept-transportation--R 247.245}

Rule 45. A directional commercial driveway is a special case and the driveway shall be designed individually to facilitate the desired turning movements and to discourage prohibited movements. Radii shall be as approved by the department, based on the driveway intersecting angle and on the turning path of the largest vehicle that will normally use the driveway.

History

History: 1979 AC.

Mich. Admin. Code R 247.247 Residential driveways; number and separation {#sec-r-247.247 omnilex-key=us-mi-regs-official--dept-transportation--R 247.247}

Rule 47. The number of residential driveways permitted shall be determined as follows:

(a) One residential driveway shall be permitted for each platted lot or for unplatted residential property with less than 100 feet of frontage.

(b) One additional residential driveway may be permitted for residential property for each 70 feet of frontage in excess of the first 100 feet of frontage.

(c) Two residential driveways may be permitted on the same property, in lieu of the requirements of paragraph (b), to serve a circle driveway if the frontage of the property is 80 feet or more.

(d) Residential driveways on the same property shall be at least 45 feet apart, center-to-center.

Figure for 247.247

History

History: 1979 AC.

Mich. Admin. Code R 247.248 Residential driveway dimensions {#sec-r-247.248 omnilex-key=us-mi-regs-official--dept-transportation--R 247.248}

Rule 48. The design feature dimensions of a residential driveway shall conform to those given in table 6.

Figure for 247.248

History

History: 1979 AC.

Mich. Admin. Code R 247.249 Field entrances and utility structure driveways {#sec-r-247.249 omnilex-key=us-mi-regs-official--dept-transportation--R 247.249}

Rule 49. (1) One field entrance may be permitted for each 1,000 feet of frontage of cultivated land, timberland or undeveloped land. Additional driveways may be permitted when a single driveway will not provide adequate access due to topographic conditions.

(2) The design feature dimensions of a field entrance and of a utility structure driveway shall conform to those given in table 7.

Figure for 247.249

History

History: 1979 AC.

Mich. Admin. Code R 247.251 Surfacing and curbing along curbed highways {#sec-r-247.251 omnilex-key=us-mi-regs-official--dept-transportation--R 247.251}

Rule 51. If a highway is curbed, the following driveway surfacing and curbing requirements apply:

(a) A commercial driveway shall be paved and curbed to either the right-ofway line or to the point of curvature between the driveway edge and the larger radius, point b in figure 1, as determined by the department.

(b) A residential driveway shall be paved between the edge of the pavement and the existing or proposed sidewalk. If there is no existing or proposed sidewalk, the surfacing shall extend at least 10 feet from the edge of the pavement. For a residential driveway, either curb cuts or curb returns shall be required as determined by the department, based on the current department standards for curb and gutter.

History

History: 1979 AC.

Mich. Admin. Code R 247.252 Surfacing and curbing along uncurbed highways {#sec-r-247.252 omnilex-key=us-mi-regs-official--dept-transportation--R 247.252}

Rule 52. If a highway is uncurbed, the following driveway surfacing and curbing requirements apply:

(a) A commercial driveway shall be paved and curbed to either the right-ofway line or to the point of curvature between the driveway edge and the larger radius, point b in figure 1, except a commercial driveway may be uncurbed where there is a proper ditch and other adequate roadside control or delineation, as determined by the department. The curb ending adjacent to the highway shall be located at least 13.5 feet from and parallel to the edge of the pavement.

(b) A low volume commercial driveway along a low volume highway shall be paved, but the paving may be delayed as mutually agreed upon by the applicant and the department.

History

History: 1979 AC.

Mich. Admin. Code R 247.253 Surfacing and curbing of field entrances and utility structure driveways {#sec-r-247.253 omnilex-key=us-mi-regs-official--dept-transportation--R 247.253}

Rule 53. A field entrance or a utility structure driveway may be surfaced with stabilized gravel or with sod over a stable base and may be uncurbed, as determined by the department.

History

History: 1979 AC.

Mich. Admin. Code R 247.254 Surface materials and thickness {#sec-r-247.254 omnilex-key=us-mi-regs-official--dept-transportation--R 247.254}

Rule 54. The surface of a paved driveway, excluding right-turn lanes, shall be concrete, bituminous or equivalent surfacing material. The thickness of the surface and the base to be used shall be sufficient to provide the bearing capacity needed to carry the proposed traffic loads. A 2 1/2-inch, 250 pounds per square yard, bituminous mix on 8 inches of compacted gravel, 8 inches of unreinforced concrete or equivalent surfacing material which meets current department standard specifications for highway construction is acceptable for normal driveway traffic loads over stable soil.

History

History: 1979 AC.

Mich. Admin. Code R 247.255 Right-turn lanes and tapers {#sec-r-247.255 omnilex-key=us-mi-regs-official--dept-transportation--R 247.255}

Rule 55. (1) The pavement of a right-turn lane and accompanying tapers shall match the highway pavement, unless the department permits the use of an equivalent pavement.

(2) The cross slope of a right-turn lane and tapers shall be:

(a) A continuation of the cross slope of the highway if the highway is curbed.

(b) Equal to the shoulder slope if the highway is uncurbed.

History

History: 1979 AC.

Mich. Admin. Code R 247.256 Shoulders {#sec-r-247.256 omnilex-key=us-mi-regs-official--dept-transportation--R 247.256}

Rule 56. (1) The surface of the shoulder adjacent to a right-turn lane and tapers shall be of the same material as the highway shoulder and conform to the current department standard specifications for highway construction.

(2) If the distance between 2 paved commercial driveways serving the same property is less than 100 feet, measured between adjacent ends of the curb endings, the applicant shall pave the shoulder between the driveways.

History

History: 1979 AC.

Mich. Admin. Code R 247.259 Driveway curb details {#sec-r-247.259 omnilex-key=us-mi-regs-official--dept-transportation--R 247.259}

Rule 59. (1) The driveway curb shall either match the existing highway curb or shall conform to the current department standards for curb and gutter.

(2) The driveway curb height shall be constant if there is no existing or proposed sidewalk or if an inclined sidewalk is permitted by the department.

(3) The driveway curb height may be tapered to zero height at the sidewalk if the driveway grade meets the grade of an existing or proposed sidewalk.

History

History: 1979 AC.

Mich. Admin. Code R 247.261 Drainage {#sec-r-247.261 omnilex-key=us-mi-regs-official--dept-transportation--R 247.261}

Rule 61. (1) A driveway shall be constructed so that it does not adversely affect the highway drainage. The drainage and the stability of the highway subgrade shall not be altered by driveway construction or roadside development.

(2) Drainage from adjacent parking or storage areas on private property in excess of existing drainage shall not be discharged into the highway drainage system.

(3) Culvert pipe shall be of a size adequate to carry the anticipated natural flow of the ditch. The culvert shall be no smaller than the nearest upstream culvert nor less than 12 inches inside diameter. A culvert, catch basin, drainage channel and other drainage structure required within the highway right-of-way shall be manufactured or constructed and installed in accordance with the current department standard specifications for highway construction. The minimum length of the culvert may be determined as the sum of the distance between driveway edges, measured along the ditch line, plus the distances needed to accommodate an embankment slope not to exceed 1 foot vertical for 6 feet horizontal on both sides of the driveway.

History

History: 1979 AC.

Mich. Admin. Code R 247.263 Profile {#sec-r-247.263 omnilex-key=us-mi-regs-official--dept-transportation--R 247.263}

Rule 63. A driveway profile shall be determined using the following criteria:

(a) If the highway is uncurbed, the grade of the driveway between the highway edge of pavement and the edge of the shoulder shall conform to the slope of the shoulder.

(b) If the highway is uncurbed or if the sidewalk is more than 10 feet from the edge of the pavement or if there is no sidewalk:

(i) The grade of a 2-way, 1-way or divided commercial driveway shall not exceed 1.5% for a minimum distance of 25 feet from the edge of the pavement. Beyond this distance, the grade shall not exceed 8%.

(ii) The grade of a residential or utility structure driveway or field entrance shall not exceed 10%.

(c) If the highway is curbed and if the sidewalk is 10 feet or less from the edge of the pavement, the grade of a driveway, except a directional driveway, shall be the grade required to meet the sidewalk elevation; but if that grade would exceed the maximums specified in subdivision (b), the sidewalk shall be either tilted or inclined.

(d) The grade of a directional driveway shall be designed so to provide vision of the highway edge of pavement and the driveway surface for a distance of 100 feet along the driveway. For a driveway on an upgrade towards the highway, a grade of 1.5% for a distance of 100 feet from the edge of the pavement is acceptable. Beyond this distance, the grade shall not exceed 4% and the difference in grades where there is a change of grade shall not exceed 3%.

(e) Vertical curves, with a minimum length of 15 feet, shall be provided at a change of grade of 4% or more.

(f) If the sidewalk elevation has to be adjusted to meet the driveway, the department may require that the sidewalk be inclined at a rate not to exceed 1 foot vertical for every 24 feet horizontal.

History

History: 1979 AC.

Mich. Admin. Code R 247.265 Parking and storage {#sec-r-247.265 omnilex-key=us-mi-regs-official--dept-transportation--R 247.265}

Rule 65. Adequate storage for vehicles parking or waiting to be serviced shall be provided so as not to interfere with pedestrian movements, vision requirements, or traffic operations on the highway.

History

History: 1979 AC.

Mich. Admin. Code R 247.267 Traffic signs and markings {#sec-r-247.267 omnilex-key=us-mi-regs-official--dept-transportation--R 247.267}

Rule 67. A permittee shall provide and properly maintain traffic signs and pavement markings which the department determines necessary, subject to local ordinances, for proper operation of the driveway. Only those traffic signs and pavement markings approved by the department may be used within the highway rightof-way. Signs and pavement markings shall conform to the current Michigan manual of uniform traffic control devices.

PART 4. BANNER PERMITS

History

History: 1979 AC.

Mich. Admin. Code R 247.271 Permittees {#sec-r-247.271 omnilex-key=us-mi-regs-official--dept-transportation--R 247.271}

Rule 71. A permit for the installation of banners to be placed within or over a highway right-of-way may be issued by the department only to the governing body of a city, village, or township.

History

History: 1979 AC.

Mich. Admin. Code R 247.272 Application forms and contents {#sec-r-247.272 omnilex-key=us-mi-regs-official--dept-transportation--R 247.272}

Rule 72. (1) An application for a permit for the installation of a banner shall be in the manner prescribed on forms supplied by the department.

(2) An application shall include the following information:

(a) Activity in connection with which the banners are to be placed.

(b) Location of the proposed installation, including distance to overhead traffic control devices.

(d) Height of an overhead banner at its lowest point above the pavement.

(e) Dates on which the banner will be installed and removed. This period shall not exceed a time period specified by the department. An acceptable period of time for banners, other than Christmas decorations, to be in place is 3 weeks, and an acceptable duration for Christmas decorations to be in place is 6 weeks.

(f) Such other information as the department may require.

History

History: 1979 AC.

Mich. Admin. Code R 247.273 Local government resolutions {#sec-r-247.273 omnilex-key=us-mi-regs-official--dept-transportation--R 247.273}

Rule 73. An application shall be accompanied by a copy of a resolution from the local governing body designating an authorized official of the city, village, or township who has authority to make the application, unless a blanket resolution, which has the same effect and authorizes the same conditions as an individual resolution but covers issuance of permits for a specified period of time, is on file with the department. Appropriate forms for local governmental resolutions and blanket resolutions may be supplied by the department.

History

History: 1979 AC.

Mich. Admin. Code R 247.275 Design and placement {#sec-r-247.275 omnilex-key=us-mi-regs-official--dept-transportation--R 247.275}

Rule 75. (1) The design, method of installation, and location of banners shall not endanger persons using the highway or unduly interfere with the free movement of traffic.

(2) An overhead banner shall have a minimum bottom height of 18 feet above the pavement, shall not be placed closer than 10 feet on either side of traffic signals, and shall not be placed so as to obstruct a clear view of traffic signals or other traffic control devices.

History

History: 1979 AC.

Mich. Admin. Code R 247.276 Contents of banners {#sec-r-247.276 omnilex-key=us-mi-regs-official--dept-transportation--R 247.276}

Rule 76. (1) A banner shall not have displayed thereon any legend or symbol which may be construed to advertise, promote the sale of, or publicize any merchandise or commodity, or to be political in nature.

(2) A banner shall not have displayed thereon any legend or symbol which is or purports to be an imitation of or resembles, or which may be mistaken for, a traffic control device, or which attempts to direct the movement of traffic.

(3) Decorations shall not include flashing lights that may be distracting to motorists.

History

History: 1979 AC.

Mich. Admin. Code R 247.278 Duties of local governments {#sec-r-247.278 omnilex-key=us-mi-regs-official--dept-transportation--R 247.278}

Rule 78. A city, village, or township receiving a permit shall faithfully fulfill permit requirements and shall indemnify and save harmless the department from claims of every kind arising out of the use of an issued permit.

History

History: 1979 AC.

Mich. Admin. Code R 247.279 Cancellation of permits {#sec-r-247.279 omnilex-key=us-mi-regs-official--dept-transportation--R 247.279}

Rule 79. A permit for the installation of a banner may be cancelled by the department if the installation becomes dangerous to motorists or unduly interferes with the free movement of traffic.

PART 5. PARADE, CELEBRATION, OR FESTIVAL HIGHWAY CLOSURE

PERMITS

History

History: 1979 AC.

Mich. Admin. Code R 247.281 Permittees {#sec-r-247.281 omnilex-key=us-mi-regs-official--dept-transportation--R 247.281}

Rule 81. A permit granting permission for the temporary closure of a highway for a reasonable length of time for a parade, celebration, or festival may be issued by the department only to the governing body of a city, village, or township.

History

History: 1979 AC.

Mich. Admin. Code R 247.282 Application forms {#sec-r-247.282 omnilex-key=us-mi-regs-official--dept-transportation--R 247.282}

Rule 82. An application for a permit to close or partially close a highway for a parade, celebration, or festival shall be in the manner prescribed on forms supplied by the department.

History

History: 1979 AC.

Mich. Admin. Code R 247.283 Application contents and resolutions {#sec-r-247.283 omnilex-key=us-mi-regs-official--dept-transportation--R 247.283}

Rule 83. An application shall state the nature of the activity for which the permit is requested, the dates and times it is proposed to close and reopen the highway to traffic, and such other information as the department may require. The reasonable period of time shall be approved by the department. An application shall be accompanied by a copy of a resolution from the city, village, or township requesting permission for the closure or partial closure.

History

History: 1979 AC.

Mich. Admin. Code R 247.284 Permit conditions {#sec-r-247.284 omnilex-key=us-mi-regs-official--dept-transportation--R 247.284}

Rule 84. A permit shall be issued subject to the following conditions:

(a) The closure or partial closure and the use of a detour route shall not unduly interfere with the safe and free movement of traffic.

(b) A suitable alternate location is not available for the parade, celebration, or festival which is more acceptable for traffic safety and causes less interruption of traffic.

(c) A closure or partial closure normally shall be allowed during daylight hours only. When temporary nighttime closure is permitted points of potential hazard, barricades and warning traffic signs shall be lighted at the permittee's expense. The lighting shall be in accordance with requirements and specifications of the department.

History

History: 1979 AC.

Mich. Admin. Code R 247.285 Traffic control devices {#sec-r-247.285 omnilex-key=us-mi-regs-official--dept-transportation--R 247.285}

Rule 85. (1) Traffic control devices installed in conjunction with the closure or partial closure and the detour route shall conform to the provisions of the current department manual of uniform traffic control devices.

(2) Required traffic control devices may be furnished and installed either by the local governing body or by the department. Costs arising from the installation, maintenance, and removal of such devices shall be borne by the permittee.

(3) The local governing body shall provide necessary police supervision, establish and post necessary detour signs, and assume liability for damage claims which may arise as a result of the closure or partial closure.

(4) The closure or partial closure shall not be for the purpose of allowing private commercial activities, such as advertising or sale of goods, wares, or produce.

PART 9. HEARINGS AND APPEALS

History

History: 1979 AC.

Mich. Admin. Code R 247.351 Effective date of driveway permit revocation {#sec-r-247.351 omnilex-key=us-mi-regs-official--dept-transportation--R 247.351}

Rule151. In the absence of a hearing request, a driveway permit revocation is effective 30 days after mailing or delivery of a notice of intent to revoke the permit, whichever occurs first. If, as the result of a hearing, the decision of the hearing officer affirms the department's revocation of a driveway permit, then the revocation shall be effective on the date specified in the order issued by the hearing officer.

History

History: 1998-2000 AACS; 2015 AACS.

Mich. Admin. Code R 247.352 Rescinded {#sec-r-247.352 omnilex-key=us-mi-regs-official--dept-transportation--R 247.352}

History

History: 1998-2000 AACS; 2015 AACS.

Mich. Admin. Code R 247.353 Rescinded {#sec-r-247.353 omnilex-key=us-mi-regs-official--dept-transportation--R 247.353}

History

History: 1998-2000 AACS.

Mich. Admin. Code R 247.354 Rescinded {#sec-r-247.354 omnilex-key=us-mi-regs-official--dept-transportation--R 247.354}

History

History: 1998-2000 AACS.

Mich. Admin. Code R 247.355 Rescinded {#sec-r-247.355 omnilex-key=us-mi-regs-official--dept-transportation--R 247.355}

History

History: 1998-2000 AACS.

Mich. Admin. Code R 247.356 Rescinded {#sec-r-247.356 omnilex-key=us-mi-regs-official--dept-transportation--R 247.356}

History

History: 1998-2000 AACS.

Mich. Admin. Code R 247.357 Rehearing and appeals {#sec-r-247.357 omnilex-key=us-mi-regs-official--dept-transportation--R 247.357}

Rule 157. (1) The department may order a rehearing in a contested case on its own motion or on request of a party. The decision to order a rehearing is discretionary with the department.

(2) A person shall file a request for rehearing within the time fixed by section 87 of Act No. 306 of the Public Acts of 1969, as amended, being 24.287 of the Michigan Compiled Laws. The department shall give notice of the rehearing and shall conduct the rehearing in accordance with section 87 of Act No. 306 of the Public Acts of 1969, as amended, being 24.287 of the Michigan Compiled Laws.

(3) A person may appeal a final decision or order of the department to the circuit court in the manner and within the time periods provided by chapter 6 of Act No. 306 of the Public Acts of 1969, as amended, being 24.301 to 24.306 of the Michigan Compiled Laws.

History

History: 1998-2000 AACS.

Mich. Admin. Code R 247.358 Delegation of authority {#sec-r-247.358 omnilex-key=us-mi-regs-official--dept-transportation--R 247.358}

Rule 158. Pursuant to section 79 of Act No. 306 of the Public Acts of 1969, as amended, being 24.279 of the Michigan Compiled Laws, the department may designate and authorize 1 or more persons to serve as hearing officers and preside in hearings of contested cases held under these rules. The department may confer on the hearing officers authority to make the final administrative decision from which further review shall be sought in circuit court under Act No. 306 of the Public Acts of 1969, as amended, being 24.201 et seq. of the Michigan Compiled Laws.

History

History: 1998-2000 AACS.

R 247.401 to R 247.407 Relocation Assistance

Mich. Admin. Code R 247.401 Definitions {#sec-r-247.401 omnilex-key=us-mi-regs-official--dept-transportation--R 247.401}

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

MICHIGAN ADMINISTRATIVE HEARING SYSTEM

DEPARTMENT OF TRANSPORTATION

BUREAU OF HIGHWAY TECHNICAL SERVICES

RELOCATION ASSISTANCE

(By authority conferred on the executive director of the Michigan administrative hearing system by section 2 of 1970 PA 31, MCL 252.142, and section 7 of 1972 of PA 227, MCL 213.326, and Executive Reorganization Orders 2005-1 and 2011-4, MCL 445.2021 and MCL 445.2030)

Rule 1. (1) "Commission" means the state highway commission.

(2) "Department" means the department of state highways and transportation.

(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 who is dissatisfied with the department's determination with regard to their eligibility for benefits or the amount of the benefits.

(5) "Person" means an individual, partnership, corporation, or association.

History

History: 1979 AC.

Mich. Admin. Code R 247.402 Aggrieved relocatee's options {#sec-r-247.402 omnilex-key=us-mi-regs-official--dept-transportation--R 247.402}

Rule 2. (1) An aggrieved relocatee who wishes to contest any determination made by the department concerning either eligibility for benefits or the amount of benefits due pursuant to the uniform act may either:

(a) File written objections with the department's district right-of-way agent.

(b) Appear before the department's district right-of-way agent and present his objections orally.

(2) Objections, 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 district right-of-way agent shall give written notice of his decision, by certified mail, within 30 days after receipt of written or oral objections.

History

History: 1979 AC.

Mich. Admin. Code R 247.403 Rescinded {#sec-r-247.403 omnilex-key=us-mi-regs-official--dept-transportation--R 247.403}

History

History: 1979 AC; 2015 AACS.

Mich. Admin. Code R 247.404 Rescinded {#sec-r-247.404 omnilex-key=us-mi-regs-official--dept-transportation--R 247.404}

History

History: 1979 AC; 2015 AACS.

Mich. Admin. Code R 247.405 Rescinded {#sec-r-247.405 omnilex-key=us-mi-regs-official--dept-transportation--R 247.405}

History

History: 1979 AC; 2015 AACS.

Mich. Admin. Code R 247.406 Rescinded {#sec-r-247.406 omnilex-key=us-mi-regs-official--dept-transportation--R 247.406}

History

History: 1979 AC; 2015 AACS.

Mich. Admin. Code R 247.407 Appeals to commission {#sec-r-247.407 omnilex-key=us-mi-regs-official--dept-transportation--R 247.407}

Rule 7. (1) The decision of the hearings officer may be appealed to the commission if written notice of appeal is filed by the aggrieved relocatee 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 hearings officer'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 relocatee to appear personally. The commission shall inform the aggrieved relocatee and the department of its decision on the appeal by sending each of them a copy of its written decision within 30 days after the commission meets following the filing of additional written evidence.

(3) If the commission affirms the hearings officer's decision, the aggrieved relocatee may seek legal remedies in the appropriate state or federal court as provided by statutes and court rules.

History

History: 1979 AC.

R 247.651 to R 247.660 Seasonal County Roads

Mich. Admin. Code R 247.651 Definitions {#sec-r-247.651 omnilex-key=us-mi-regs-official--dept-transportation--R 247.651}

DEPARTMENT OF TRANSPORTATION

BUREAU OF HIGHWAY TECHNICAL SERVICES

SEASONAL COUNTY ROADS

(By authority conferred on the department of transportation by section 5a of Act No. 51 of the Public Acts of 1951, as amended, being S247.655a of the Michigan Compiled Laws)

Rule 1. As used in these rules:

(a) "Act" means section 5a of Act No. 51 of the Public Acts of 1951, as amended, being S247.655a of the Michigan Compiled Laws.

(b) "County road commission" means the board of county road commissioners of each county.

(d) "Principal residence" means a place where a person has his or her true, fixed home and to which he or she intends to return when he or she is absent from it.

(e) "Seasonal road" means a county road, or a portion thereof, which, during the months of November through April, has minimal use by motor vehicles, does not provide sole access to a building which is used as a principal residence during the months of November through April, and is not normally maintained or snowplowed by the county road commission during the months of November through April. A county road which is designated as a seasonal road in accordance with the provisions of the act and these rules may not be open to public travel during the months of November through April.

History

History: 1982 AACS.

Mich. Admin. Code R 247.652 Seasonal county road system; establishment {#sec-r-247.652 omnilex-key=us-mi-regs-official--dept-transportation--R 247.652}

Rule 2. (1) A seasonal county road system may be established at the discretion of a county road commission.

(2) A seasonal road may be part of the county-primary road system or the countylocal road system, or both systems.

(3) A seasonal road is not required to be open for public travel from November through April.

History

History: 1982 AACS.

Mich. Admin. Code R 247.653 Procedures for selection of roads; factors considered {#sec-r-247.653 omnilex-key=us-mi-regs-official--dept-transportation--R 247.653}

Rule 3. At any regular or special meeting a board of county road commissioners may, by resolution, tentatively designate a road, or a number of roads, as seasonal roads and set a date for a public hearing. A copy of the resolution shall be forwarded to the department. In exercising its discretion, the board shall consider at least all of the following:

(a) The volume of motor vehicle traffic that uses the particular road during the months of November through April.

(b) Whether or not there are any buildings along the particular road that are being used as a principal residence during the months of November through April.

(c) The grade variations, concealed obstructions, road alignment, or other topographical characteristics of the particular road which would increase the likelihood of damaging snow removal equipment or necessitate the use of equipment not normally used by that road commission for winter maintenance.

History

History: 1982 AACS.

Mich. Admin. Code R 247.654 Public hearing requirements {#sec-r-247.654 omnilex-key=us-mi-regs-official--dept-transportation--R 247.654}

Rule 4. (1) A public hearing shall be held by the county road commission, pursuant to the provisions of the act, before the county road commission makes a final determination placing a road, or a number of roads, on the seasonal road system or removing a road from the system.

(2) A combined public hearing may be held if action on more than 1 road is planned.

History

History: 1982 AACS.

Mich. Admin. Code R 247.655 Adoption of resolution {#sec-r-247.655 omnilex-key=us-mi-regs-official--dept-transportation--R 247.655}

Rule 5. Following the public hearing, the county road commission may make a final determination and adopt a resolution to place or add a road or roads on the seasonal county road system or to remove a road or roads from the system.

History

History: 1982 AACS.

Mich. Admin. Code R 247.656 Resolution; contents {#sec-r-247.656 omnilex-key=us-mi-regs-official--dept-transportation--R 247.656}

Rule 6. The resolution shall contain all of the following information:

(a) The road name.

(b) Location of the road, including all of the following information:

(i) Town and range.

(ii) Township name.

(iii) Section numbers.

(iv) A description of the road specifying the segments of the road to be classified as seasonal.

History

History: 1982 AACS.

Mich. Admin. Code R 247.657 Filing {#sec-r-247.657 omnilex-key=us-mi-regs-official--dept-transportation--R 247.657}

Rule 7. Within 30 days after adoption of the resolution, the county road commission shall file a full record of its determination with the department and each city, village, or township in which the road is situated.

History

History: 1982 AACS.

Mich. Admin. Code R 247.658 Funding {#sec-r-247.658 omnilex-key=us-mi-regs-official--dept-transportation--R 247.658}

Rule 8. (1) The designation of a road as part of the seasonal county road system shall not affect the certification of the road pursuant to sections 2 to 5 of Act No. 51 of the Public Acts of 1951, as amended, being SS247.652 to 247.655 of the Michigan Compiled Laws.

(2) A road that is part of the seasonal county road system shall be excluded for the purposes of distributing snow removal and urban system funds for each year in which the road is part of the seasonal system.

History

History: 1982 AACS.

Mich. Admin. Code R 247.659 Maps {#sec-r-247.659 omnilex-key=us-mi-regs-official--dept-transportation--R 247.659}

Rule 9. (1) Each county road commission that establishes a seasonal county road system shall display a map to scale of not less than 1/2 inch equals 1 mile.

(2) The map shall clearly indicate the roads that are currently part of the seasonal system.

(3) The map shall also indicate that seasonal roads are not required to be open to public travel from November 1 to April 30.

(4) The map may be cross-referenced to maps of a different scale where more detail would be helpful.

History

History: 1982 AACS.

Mich. Admin. Code R 247.660 Signs {#sec-r-247.660 omnilex-key=us-mi-regs-official--dept-transportation--R 247.660}

Rule 10. (1) The county road commission shall place and maintain signs on all seasonal county roads to alert the public of the seasonal nature of the road.

(2) Signs shall conform to provisions as set forth in the publication entitled "Michigan Manual of Uniform Traffic Control Devices," 1981 edition, which is incorporated in these rules by reference and which is available for inspection at the Lansing office of the department of transportation. This standard may be obtained free of charge by writing the Michigan Department of Transportation, Local Government Division, 425 West Ottawa Street, P. O. Box 30050, Lansing, Michigan 48909.

History

History: 1982 AACS.

R 247.701 to R 247.737 Advertising Adjacent to Highways

Mich. Admin. Code R 247.701 Definitions; A to D {#sec-r-247.701 omnilex-key=us-mi-regs-official--dept-transportation--R 247.701}

DEPARTMENT OF TRANSPORTATION

BUREAU OF HIGHWAY TECHNICAL SERVICES

ADVERTISING ADJACENT TO HIGHWAYS

(By authority conferred on the state highway commission by section 23 of Act No. 106 of the Public Acts of 1972 and Act No. 306 of the Public Acts of 1969, as amended, being SS252.323 and 24.201 to 24.315 of the Michigan Compiled Laws)

PART 1. GENERAL PROVISIONS

Rule 1. (1) Terms defined and used in the act have the same meaning when used in these rules.

(2) "Act" means Act No. 106 of the Public Acts of 1972, being SS252.301 to 252.324 of the Michigan Compiled Laws.

(3) "Directional and other official signs and notices" means an official sign or notice, public utility sign, service club and religious notice, public service sign, and directional signs.

(4) "Directional sign" means a sign containing only directional information and the identification of the activity about public places owned or operated by federal, state or local governments or their agencies, publicly or privately owned natural phenomena, historic, cultural, scientific, educational, or religious site, deemed to be in the interest of the traveling public.

History

History: 1979 AC.

Mich. Admin. Code R 247.702 Definitions; M to O {#sec-r-247.702 omnilex-key=us-mi-regs-official--dept-transportation--R 247.702}

Rule 2. (1) "Official signs and notices" means a sign or notice erected and maintained by public officers or a public agency within their territorial or zoning jurisdiction and pursuant to and in accordance with direction or authorization contained in federal, state, or local law for the purposes of carrying out an official duty or responsibility and a historical marker authorized by state law and erected by state or local government agency or nonprofit historical society.

(2) "On-premise advertising signs and devices" means a sign, display, or device which identifies the business transacted, services rendered, goods sold or produced on the property, name of the business, name of firm or corporation occupying the property.

History

History: 1979 AC.

Mich. Admin. Code R 247.703 Definitions; P to V {#sec-r-247.703 omnilex-key=us-mi-regs-official--dept-transportation--R 247.703}

Rule 3. (1) "Parkland" means a publicly owned land which is designated or used as a public park, recreation area, wildlife or waterfowl refuge or historic site.

(2) "Public service sign" means a sign located on an approved school bus shelter containing identification of donor and such safety slogans as to not occupy over 60% of the area of the sign.

(3) "Public utility signs" means a warning sign, informational sign, notice, or marker which is customarily erected and maintained by a publicly or privately owned public utility, and essential to their operation.

(4) "Scenic area" means an area of particular scenic beauty or historical significance as determined by the federal, state or local officials having jurisdiction thereof and includes interest in land which has been acquired for the restoration, preservation, and enhancement of scenic beauty.

(5) "Service club and religious notice" means a sign or notice, relating to meetings of a nonprofit service club or charitable association or religious service, which signs do not exceed 8 square feet in area.

(6) "Transient or temporary operation" means that which operates less than 3 months per year.

(7) "Turning roadway" means a connecting roadway for traffic turning between 2 intersecting legs of an interchange.

(8) "Village" means an incorporated village.

History

History: 1979 AC.

Mich. Admin. Code R 247.705 Rescinded {#sec-r-247.705 omnilex-key=us-mi-regs-official--dept-transportation--R 247.705}

History

History: 1979 AC; 2017 AACS.

Mich. Admin. Code R 247.706 Rescinded {#sec-r-247.706 omnilex-key=us-mi-regs-official--dept-transportation--R 247.706}

History

History: 1979 AC; 2017 AACS.

Mich. Admin. Code R 247.707 Rescinded {#sec-r-247.707 omnilex-key=us-mi-regs-official--dept-transportation--R 247.707}

History

History: 1979 AC; 2017 AACS.

Mich. Admin. Code R 247.708 Visual limitations {#sec-r-247.708 omnilex-key=us-mi-regs-official--dept-transportation--R 247.708}

Rule 8. Topographical features used to determine vision limitations to signs include land forms, water, vegetation, and buildings affixed to the land.

History

History: 1979 AC.

Mich. Admin. Code R 247.709 Measurements {#sec-r-247.709 omnilex-key=us-mi-regs-official--dept-transportation--R 247.709}

Rule 9. (1) Measurements for spacing determination shall be made parallel to the edge of the pavement of the main traveled way.

(2) Measurements for determining that portion of a business area that is within 1 mile of a municipality shall be made on an arc or radius basis, with measurements starting at the nearest point on the corporate limits and extending toward the controlled highways.

(3) Measurements between multiface signs shall be horizontal between the edge or back of the display face or face border trim of the sign and sign structure.

(4) The following shall be deemed 1 sign structure for spacing and size controls if they comply to the stated criteria:

(a) Double-faced display; faces lying in the same general plane not more than 4 feet apart and facing the same direction of travel.

(b) Back-to-back sign structure; faces not more than 10 feet apart and facing in opposite directions of travel.

History

History: 1979 AC.

Mich. Admin. Code R 247.710 Rescinded {#sec-r-247.710 omnilex-key=us-mi-regs-official--dept-transportation--R 247.710}

History

History: 1979 AC; 2017 AACS.

Mich. Admin. Code R 247.711 Zoning areas {#sec-r-247.711 omnilex-key=us-mi-regs-official--dept-transportation--R 247.711}

Rule 11. (1) Zoning shall be in accordance with procedures established by state law.

(2) The status of an unzoned commercial or industrial area, or a zoned business area beyond 1 mile of the corporate limits, shall remain unchanged for a period of 3 years after the businesses creating the commercial or industrial area have closed operations. During the period when a commercial or industrial business is not in operation, additional signs shall not be allowed within the area.

(3) In determining unzoned commercial or industrial areas, activities related to agriculture or forestry such as nurseries, greenhouses, storage facilities, portable sawmills, natural resource extraction operations normally located in agricultural or forest areas such as unmanned oil wells and storage areas, earth borrow areas lacking permanent processing equipment, as well as unmanned public utility structures or operations shall not be considered commercial or industrial.

PART 2. PERMITS AND VIOLATIONS

History

History: 1979 AC.

Mich. Admin. Code R 247.721 Permits {#sec-r-247.721 omnilex-key=us-mi-regs-official--dept-transportation--R 247.721}

Rule 21. (1) Each sign face shall be treated as a separate sign for permit purposes.

(2) If the permit number cannot be placed on the sign facing, it may be placed on the sign structure in compliance with the act. If the permit number is placed on the structure, it shall be visible from the highway faced by the sign or sign structure.

(3) Any permit issued pursuant to these rules does not relieve the applicant from the responsibility of complying with all ordinances which comply with section 4 of the act.

(4) The location of the proposed sign as specified in the permit application shall be relied upon by the department in the issuance of future permits in that vicinity.

(5) A person is not required to obtain a permit for his own sign which is located on his own premise, only if that sign advertises the business, products or profession which is conducted or maintained on that premise as defined in these rules.

History

History: 1979 AC; 2017 AACS.

Mich. Admin. Code R 247.723 Rescinded {#sec-r-247.723 omnilex-key=us-mi-regs-official--dept-transportation--R 247.723}

PART 3. DIRECTIONAL AND OTHER OFFICIAL SIGNS

History

History: 1979 AC; 2017 AACS.

Mich. Admin. Code R 247.731 Directional and other official signs; applicability {#sec-r-247.731 omnilex-key=us-mi-regs-official--dept-transportation--R 247.731}

Rule 31. All applicable provisions of the act shall apply to directional and other official signs and notices which are erected and maintained within the adjacent area of an interstate, freeway, or primary highway and which are visible from the main traveled way of the highway, except as hereinafter provided.

History

History: 1979 AC.

Mich. Admin. Code R 247.732 Rescinded {#sec-r-247.732 omnilex-key=us-mi-regs-official--dept-transportation--R 247.732}

History

History: 1979 AC; 2017 AACS.

Mich. Admin. Code R 247.733 Rescinded {#sec-r-247.733 omnilex-key=us-mi-regs-official--dept-transportation--R 247.733}

History

History: 1979 AC; 2017 AACS.

Mich. Admin. Code R 247.735 Size {#sec-r-247.735 omnilex-key=us-mi-regs-official--dept-transportation--R 247.735}

Rule 35. (1) A sign shall not exceed the following limits:

(a) Service clubs and church signs, 8 square feet per organization.

(b) Directional signs, 150 square feet.

(2) The maximum height or length is 20 feet.

(3) All dimensions include border and trim.

History

History: 1979 AC.

Mich. Admin. Code R 247.736 Spacing and location {#sec-r-247.736 omnilex-key=us-mi-regs-official--dept-transportation--R 247.736}

Rule 36. (1) Each location of a service club, church, and directional sign shall be approved by the department.

(2) The total number of service club and church signs on 1 side of the highway shall be not more than 4 in any 1,000 feet.

(3) A directional sign shall be located not less than 2,000 feet from an interchange, rest area, or intersection at-grade along the interstate system or other freeway as measured along the main traveled way from the nearest point of the beginning or ending of pavement widening at the exit or entrance to the main traveled way.

(4) A directional sign shall be located not less than 2,000 feet from a parkland or a scenic area.

(5) Directional signs facing the same direction of travel shall be spaced not less than 1 mile apart.

(6) Not more than 3 directional signs pertaining to the same activity and facing the same direction of travel shall be erected along a single route approaching the activity.

(7) A sign located adjacent to an interstate highway shall be not more than 75 air miles from the activity.

(8) A sign located adjacent to a primary highway shall be not more than 50 air miles from the activity.

History

History: 1979 AC.

Mich. Admin. Code R 247.737 Rescinded {#sec-r-247.737 omnilex-key=us-mi-regs-official--dept-transportation--R 247.737}

History

History: 1979 AC; 2017 AACS.

Bureau of Urban and Public Transportation Bureau of Urban and Public Transportation

R 247.4101 to R 247.4307 Comprehensive Transportation Fund

Mich. Admin. Code R 247.4101 Definitions {#sec-r-247.4101 omnilex-key=us-mi-regs-official--dept-transportation--R 247.4101}

DEPARTMENT OF TRANSPORTATION

BUREAU OF URBAN AND PUBLIC TRANSPORTATION

COMPREHENSIVE TRANSPORTATION FUND

(By authority conferred on the department of transportation by sections 10b and 10g of Act No. 51 of the Public Acts of 1951, as amended, and section 63 of Act No. 306 of the Public Acts of 1969, as amended, being §§247.660b, 247.660g, and 24.263 of the Michigan Compiled Laws)

PART 1. GENERAL PROVISIONS

Rule 101. (1) As used in these rules:

(a) "Accessibility plan" means the vehicle accessibility plan that is required by the accessibility sections of the act.

(b) "Accessible vehicles" means lift or ramp equipped vehicles.

(c) "Act" means sections 10(1), 10b to 10e, 10g, 10h, 10j, 10n, 14(5), and 18b(4) of Act No. 51 of the Public Acts of 1951, as amended, being §§247.660(1), 247.660b to 247.660e, 247.660g, 247.660h, 247.660j, 247.660n, 247.664(5), and 247.668b(4) of the Michigan Complied Laws.

(d) "Applicant" means any 1 of the following:

(i) A local public transportation provider, which is an eligible authority or eligible governmental agency as defined by the act.

(ii) An intercity passenger carrier, which is defined as a person, corporation, or other entity that is authorized by federal law or pursuant to Act No. 432 of the Public Acts of 1982, as amended, being §474.101 et seq. of the Michigan Compiled Laws, to transport passengers for hire and that may also transport other items.

(iii) A port authority as defined by Act No. 639 of the Public Acts of 1978, as amended, being §120.101 et seq. of the Michigan Compiled Laws.

(iv) An intercity freight carrier, which is defined as a person, corporation, or other entity identified in Act No. 295 of the Public Acts of 1976, as amended, being §474.51 et seq. of the Michigan Compiled Laws, that would establish, improve, or support facilities or services for intercity freight transportation purposes.

(v) Other eligible entities included in the general functions of the state transportation department section of the act.

(e) "Application instructions" means the document which is issued by the department to local public transportation and intercity passenger transportation applicants and which describes the information an applicant must submit to the department to participate in the state transportation program in the following state fiscal year (f) "Commission" means the Michigan state transportation commission or its successor.

(g) "Department" means the Michigan department of transportation or its successor.

(h) "Director" means the director of the department or a person who is designated to act as the director.

(i) "Expand" means to provide for new facilities or new services.

(j) "FTA" means the United States department of transportation federal transit administration or its successor.

(k) "Improve" means to enhance existing facilities.

(l) "Local public transportation" means services, facilities, and equipment, including local bus service, water vehicle services, and local passenger rail services, and which are operated by an eligible authority or an eligible governmental agency as established in R 247.4103.

(m) "Persons who have disabilities" means an individual who has a physical or mental impairment that substantially limits one or more of the major life activities of such individual, a record of such an impairment, or being regarded as having such an impairment.

(n) "Port authority operating budget" means the expenses identified in Act No. 639 of the Public Acts of 1978, as amended.

(o) "Preserve" means to maintain the current status of existing facilities, excluding routine maintenance expenses.

(p) "Project" means an activity which is funded or to be funded from the comprehensive transportation fund or from the proceeds of bonds and which is budgeted and managed as a separate entity.

(q) "Public" means all persons, regardless of age, sex, color, race, creed, national origin, or persons who have disabilities.

(r) "Public notice" means an advertisement that is placed in at least 1 newspaper of general circulation which serves the area affected by the program.

(s) "Recipient" means an applicant as defined in subdivision (d) of this subrule.

(t) "Rehabilitation" means the labor, equipment, and materials that are necessary to repair or improve and extend the useful life of public transportation vehicles, equipment, or facilities for specified rehabilitation projects.

(2) The terms defined in the act have the same meanings when used in these rules.

History

History: 1998-2000 AACS.

Mich. Admin. Code R 247.4102 Local public transportation and intercity passenger transportation financial assistance programs; submittal and approval process {#sec-r-247.4102 omnilex-key=us-mi-regs-official--dept-transportation--R 247.4102}

Rule 102. (1) The department shall make application instructions available to all prospective local public transportation and intercity passenger transportation applicants and other interested parties. The application instructions shall contain the items required by the act.

(2) The department shall update the application instructions each year. The department may issue amended application instructions based upon programmatic or funding changes.

(3) A local public transportation and intercity passenger transportation applicant shall file an application with the department. An application shall contain all of the information required in the application instructions.

(4) A local public transportation and intercity passenger transportation applicant shall give public notice of its intent to apply for comprehensive transportation funds according to the act. A local public transportation and intercity passenger transportation applicant shall transmit all comments it receives to the department. The public notice shall include all of the following information:

(a) The amount of funding requested.

(b) The operating and capital program that the local public transportation and intercity passenger transportation applicant proposes to undertake with the funds.

(5) The department shall review the applications and transmit comments to each local public transportation and intercity passenger transportation applicant.

(6) Each local public transportation and intercity passenger transportation applicant shall provide any additional information that is requested and responses that are related to subrule (5) of this rule.

(7) The department shall approve, modify, or reject all or any portion of an application by written notification to the local public transportation and intercity passenger transportation applicant setting forth its reasons for approval, modification, or rejection. The applicant may appeal any approval, modification or rejection of the application to an appeals officer as appointed by the director of the department. The department may modify or reject all or any portion of a local transportation or intercity passenger program if any 1 of the following situations occurs:

(a) A local public transportation and intercity passenger transportation applicant fails to submit an application as outlined by the application instructions provided under subrule (1) of this rule and application sections of the act or fails to comply with the requirements prescribed in the act.

(b) The total estimated revenues available for comprehensive transportation fund programs are exceeded by the sum of all funding that is requested in the applications received for the state fiscal year.

(d) The eligible authority or eligible governmental agency has failed to develop and implement plans, programs, and services, or use appropriate equipment, to provide public transportation for the elderly and persons who have disabilities as set forth in the provisions of R 247.4201 to R 247.4203.

(8) A local public transportation and intercity passenger transportation applicant shall notify the department of a proposed change in an initial or amendatory application for federal funds that would require an increase or decrease of the state financial commitment.

(9) A local public transportation and intercity passenger transportation applicant shall provide the department with a copy of any federal application for capital or operating assistance at the time an initial or amendatory application is filed with the federal government.

(10) The department may administratively fund the first 3 years of new services using the funding limits and provisions established in the operating grants to eligible authorities and eligible governmental agencies section of the act.

History

History: 1998-2000 AACS.

Mich. Admin. Code R 247.4103 Eligibility; documentation required {#sec-r-247.4103 omnilex-key=us-mi-regs-official--dept-transportation--R 247.4103}

Rule 103. To establish eligibility, an applicant shall submit documentation, as applicable, to the department as follows:

(a) A local public transportation applicant shall submit documentation under R 247.4104 and both of the following provisions:

(i) Documentation that the applicant or its designated service provider is legally furnishing, or has the legal capacity to furnish, public transportation services in the area.

(ii) Documentation that the applicant has been established according to state law.

(b) A local public transportation applicant that has previously submitted the materials in subdivision (a) of this rule shall certify annually, in the resolution of intent required by R 247.4104, that changes in eligibility documentation have not occurred during the past state fiscal year. Any change shall be submitted to the department as part of the application required under R 247.4102.

(i) Documentation that the applicant is legally furnishing, or has the legal capacity to furnish, public transportation services.

(ii) A company letter signed by an authorized company representative that names an official representative of the applicant for all public transportation matters who is authorized to provide information that is required by the commission or department for its administration of the act.

(d) An intercity freight carrier applicant shall submit the name of an official representative of the applicant who is authorized to provide information that is required by the commission or department for its administration of the act.

(e) A port authority applicant shall submit all of the following documentation and information:

(i) Documentation that the applicant has been created under Act No. 639 of the Public Acts of 1978, as amended, being §120.101 et seq. of the Michigan Compiled Laws.

(ii) Adopted bylaws and articles of incorporation that indicate the specific duties, functions, and powers of the applicant.

(iii) The name of an official representative of the applicant who is authorized to provide information that is required by the commission or department for its administration of the act.

History

History: 1998-2000 AACS.

Mich. Admin. Code R 247.4104 Resolution of intent {#sec-r-247.4104 omnilex-key=us-mi-regs-official--dept-transportation--R 247.4104}

Rule 104. A local public transportation applicant shall annually enact a resolution of intent as described in the application instructions to participate in the comprehensive transportation fund. The resolution shall provide for all of the following:

(a) Indicate that the budget for the local transportation program is balanced and specify the sources and amount of estimated revenues that support the proposed expenditures.

(b) Name an official representative of the applicant for all public transportation matters who is authorized to provide such information as deemed necessary by the commission or department for its administration of the act.

History

History: 1998-2000 AACS.

Mich. Admin. Code R 247.4105 Eligible and ineligible expenses for local public transportation and intercity passenger transportation; determination of distribution of comprehensive transportation funds to intercity passenger carriers {#sec-r-247.4105 omnilex-key=us-mi-regs-official--dept-transportation--R 247.4105}

Rule 105. (1) Eligible and ineligible expense and revenue definitions for local public transportation operating assistance or water vehicle operating assistance that are funded under the act shall be annually included in the annual application instructions provided by the department. The expense and revenue estimates submitted and agreed to in the approved annual application from the eligible authorities and eligible governmental agencies shall be in agreement with the annual application instructions.

(2) Eligible and ineligible expenses for intercity passenger transportation operating assistance that are funded under the act shall be as agreed upon in the executed contractual agreement.

(3) Eligible capital costs, defined as any unit that has a cost of more than $300.00 and a useful life of more than 1 year, that are funded under the act and bond funds for local public transportation projects and for intercity passenger carrier projects include all of the following:

(a) Acquisition.

(b) Purchase.

(d) Construction.

(e) Rehabilitation.

(f) Operating expenses allowed by the federal government in an executed federal capital contract (4) All programs shall have project costs defined in the contractual agreement.

(5) An applicant may submit any operating or capital cost that is not specified in the application instructions to the department, in writing, for a determination as to eligibility. The department shall notify all recipients, in writing, upon the issuance of a determination of eligibility and specify the effective date.

(6) A determination of eligibility is not funding approval.

(7) In determining the distribution of comprehensive transportation funds to be made to intercity passenger carriers under the act, the department shall award operating assistance projects by a competitive or negotiated bid process and shall award capital projects by application.

History

History: 1998-2000 AACS.

Mich. Admin. Code R 247.4106 Eligible and ineligible expenses for intercity freight projects and port authority operating budgets {#sec-r-247.4106 omnilex-key=us-mi-regs-official--dept-transportation--R 247.4106}

Rule 106. (1) Eligible capital costs for rail freight projects that are funded under the act and bond funds are as follows:

(a) Activities to preserve, improve, or expand state-owned facilities.

(b) Activities or loans to improve or expand privately owned freight facilities.

(c) Activities, loans, or grants to improve or expand freight facilities to better serve economic development within Michigan.

(2) Eligible costs for port authority operating budgets are as defined in R 247.4101(l).

(3) A determination of eligibility is not funding approval.

(4) An applicant may submit any operating or capital cost that is not specified in subrules (1) through (3) of this rule to the department, in writing, for a determination as to eligibility. The determination shall take effect upon receipt of notification by the recipients, unless the determination is appealed to the commission.

History

History: 1998-2000 AACS.

Mich. Admin. Code R 247.4107 Local public transportation cost allocation plan {#sec-r-247.4107 omnilex-key=us-mi-regs-official--dept-transportation--R 247.4107}

Rule 107. (1) A recipient shall submit, to the department for its approval, a cost allocation plan for general and administrative overhead costs if both of the following conditions apply:

(a) The local public transportation recipient receives funds for eligible operating expenses under the act.

(b) One of the following conditions applies:

(i) A recipient has joint costs with a unit or units of government or has employees who simultaneously work for other governmental agencies.

(ii) A recipient has multiple funding sources that require separate accounting.

(iii) A recipient provides services to outside agencies, including transit agencies.

(2) Specialized services agencies, as described in the act, are exempt from the provisions of this rule.

(3) A recipient shall submit the cost allocation plan in narrative form. The cost allocation plan shall describe the methodology used.

(4) A recipient shall submit an amended plan to the department within 60 days after any change in conditions as described in subrule (1)(b) of this rule.

(5) A recipient's independent certified public accountant shall note in the recipient's annual financial and compliance audit whether the actual cost allocation is in compliance with the cost allocation plan that was submitted to the department.

History

History: 1998-2000 AACS.

Mich. Admin. Code R 247.4108 Rescission {#sec-r-247.4108 omnilex-key=us-mi-regs-official--dept-transportation--R 247.4108}

Rule 108. R 247.801 to R 247.814 of the Michigan Administrative Code, appearing on pages 721 to 727 of the 1979 Michigan Administrative Code, are rescinded.

PART 2. ACCESSIBILITY PLAN

History

History: 1998-2000 AACS.

Mich. Admin. Code R 247.4201 Accessibility plan; content; amendment {#sec-r-247.4201 omnilex-key=us-mi-regs-official--dept-transportation--R 247.4201}

Rule 201. (1) Each applicant seeking comprehensive transportation funds to purchase, lease, or rent demand-actuated vehicles shall prepare and submit an accessibility plan to the department as a part of its application.

(2) An accessibility plan shall include all of the following information and items:

(a) The number of demand-actuated vehicles that are presently in service, including loaner vehicles, that were purchased with comprehensive transportation fund monies, and the number of demand-actuated accessible vehicles.

(b) The number of demand-actuated vehicles in the anticipated fleet, including the number of demand-actuated accessible vehicles.

(c) The current definitions of the elderly and persons who have disabilities that are used by the applicant, and the total number of the elderly and persons who have disabilities in the service area.

(d) The current fare structure that is in use for the elderly, persons who have disabilities, and the rest of the general public for both fixed schedule and fixed route service, if applicable, and for demand-actuated public transportation service.

(e) A narrative description of the process that the applicant used to develop the accessibility plan. The narrative shall include a description of the local advisory council involvement in the development and review of the accessibility plan.

(f) A map and narrative description of the service area, as of the plan submission date, for fixed schedule and fixed route service, if applicable, and for demand-actuated public transportation service.

(g) The current service schedule, including hours per day and days of the week, for both fixed schedule and fixed route service, if applicable, and for demand-actuated public transportation service.

(h) A narrative description of how the information required in subrule (2)(g) of this rule is made available in alternate formats to persons who have disabilities.

(i) Whether transit vehicles are available for use during hours or days other than regular service hours or days and confirmation that accessible transit vehicles are available for use by the elderly and persons who have disabilities to the same extent as the general public.

(j) Whether the elderly, persons who have disabilities, and the general public must make an advance request to obtain demand-actuated public transportation service and the advance request time period.

(k) A narrative description of constraints on capacity and restrictions on trip purpose.

(l) A narrative summarization for the number of demand-actuated vehicles requested and, within the total number requested, the number of accessible vehicles, including the applicant's reasons for the number of accessible vehicles.

(m) Comments of the local advisory council.

(n) The applicant's response to local advisory council comments.

(o) The official transmittal letter from the applicant to the department.

(3) Each applicant shall prepare and submit an amendment with their annual application for funding. An amendment is also required when proposed changes occur after the application has been submitted. These include material changes in the plan contents made under subrule (2) of this rule. Amendments shall be submitted on a form provided in the annual application instructions which includes the Americans with Disabilities Act of 1990 certification. An amendment is not necessary for changes regarding department loaned vehicles.

(4) All plan amendments shall include the documents that are required under subrule (2)(m) and (n) of this rule as well as a written description of the changes from a previously approved accessibility plan.

History

History: 1998-2000 AACS.

Mich. Admin. Code R 247.4202 Accessibility plan local advisory council composition {#sec-r-247.4202 omnilex-key=us-mi-regs-official--dept-transportation--R 247.4202}

Rule 202. (1) A local advisory council shall be composed and structured in such a manner so as to facilitate an independent objective assessment of the accessibility plan by persons in the service area.

(2) An applicant shall have a local advisory council established and appointed.

The council shall consist of not less than 3 members.

(3) Local advisory council members shall not be employees of the applicant and shall not be members of the applicant's executive committee or governing board.

(4) Each applicant shall include, with the accessibility plan, a list of council members and their affiliations. The applicant shall identify the members who are persons who have disabilities, are 65 years of age or older, or are representatives of persons who have disabilities or are 65 years of age or older.

(5) Each applicant shall ensure that 50% of the membership will represent persons who are 65 years of age or older and persons who have disabilities within the service area and, jointly with the area agency on aging, shall approve at least 1 member, or the equivalent of 12% of the membership, of the local advisory council. The applicant shall ensure that the membership will include people who have diverse disabilities and the elderly who are users of public transportation.

History

History: 1998-2000 AACS.

Mich. Admin. Code R 247.4203 Accessibility plan review and approval process {#sec-r-247.4203 omnilex-key=us-mi-regs-official--dept-transportation--R 247.4203}

Rule 203. The department shall process an accessibility plan in accordance with both of the following procedures:

(a) The department shall, within 60 days after submission of the accessibility plan, do either of the following:

(i) Approve the accessibility plan as submitted or amended.

(ii) Reject the accessibility plan as submitted and make recommendations to the applicant for modifications.

(b) A plan that is not approved or rejected by the department within 60 days after submission is considered approved as submitted.

PART 3. REPORTING AND COMPLIANCE REQUIREMENTS

History

History: 1998-2000 AACS.

Mich. Admin. Code R 247.4301 Financial and compliance audits {#sec-r-247.4301 omnilex-key=us-mi-regs-official--dept-transportation--R 247.4301}

Rule 301. (1) A recipient of funds under the local public transportation operating grants section and the new services section of the act shall provide, to the department, an annual financial and compliance audit report and management letter within 120 calendar days from the end of the local fiscal year. The report shall include a response certified by an independent certified public accountant in accordance with the department's and the Michigan department of treasury's audit guide. The Department may grant an extension of up to 60 days upon receipt of a written request.

(2) Failure to comply with the audit section of the act may result in the withholding of local public transportation operating grants and new services grants under the act as required under the withholding section of the act and R 247.4303.

(3) The department shall audit a recipient of funds under sections other than the local public transportation operating grants and new services grants sections of the act in accordance with the contract entered into by the recipient and the department.

History

History: 1998-2000 AACS.

Mich. Admin. Code R 247.4302 Local public transportation progress report {#sec-r-247.4302 omnilex-key=us-mi-regs-official--dept-transportation--R 247.4302}

Rule 302. (1) Not later than 40 calendar days after the end of each state fiscal year, a recipient of funds under the local public transportation operating grants and new services sections of the act shall file an annual local public transportation progress report to enable a preliminary closeout of the statutory distribution and the new services distribution after the third year.

(2) Not later than 40 days after the end of each fiscal quarter, a local public transportation recipient of operating grants and new services grants under the act shall file a quarterly local transportation progress report.

(3) Failure to comply with the quarterly report and the progress report sections of the act may result in the withholding of local public transportation operating grants and new services grants under the act.

History

History: 1998-2000 AACS.

Mich. Admin. Code R 247.4303 Procedures for adjusting or withholding funds {#sec-r-247.4303 omnilex-key=us-mi-regs-official--dept-transportation--R 247.4303}

Rule 303. (1) The department may adjust or withhold project funds that are awarded under the act or may adjust project quantities or alter the project scope under any of the following circumstances:

(a) Federal funds that are necessary for the completion of the project are not awarded to the recipient by the end of the following fiscal year in which the project was approved.

(b) The actual comprehensive transportation fund revenues are below the estimated comprehensive transportation fund revenues on which a project award was made.

(d) Revisions to the local transportation programs are requested by a recipient.

(e) The scope of the project is reduced.

(f) A recipient fails to comply with the act.

(g) A recipient fails to maintain project equipment pursuant to the contract.

(2) The department shall notify a recipient, by mail, of a departmentinitiated action to withhold funds for noncompliance. The notice shall clearly set forth the reasons for the proposed action. The recipient shall have 30 days from the date of issuance of the notice to respond or undertake corrective action. The department may grant an extension if the recipient files a written appeal with the department.

(3) If, within 30 days after the date that the notice of intent to withhold was issued, the recipient has not corrected the reason for the withholding and notified the department of that correction, has not been granted an extension, or has not appealed the action, in writing, to the department and been granted a waiver, then the department shall send the applicant, by certified mail, a notification that funds are being withheld. Withholding of funds shall occur automatically after the notice of withholding is mailed.

History

History: 1998-2000 AACS.

Mich. Admin. Code R 247.4304 Contractual agreements generally {#sec-r-247.4304 omnilex-key=us-mi-regs-official--dept-transportation--R 247.4304}

Rule 304. (1) A contractual agreement is required for authorized projects that are funded under the comprehensive transportation fund and bond fund sections of the act.

(2) A contractual agreement is not required for authorized local public transportation operating assistance grants under the act.

History

History: 1998-2000 AACS.

Mich. Admin. Code R 247.4305 Third-party contracts; applicability {#sec-r-247.4305 omnilex-key=us-mi-regs-official--dept-transportation--R 247.4305}

Rule 305. (1) A recipient who has not been certified under R 247.4306 and who receives comprehensive transportation funds for projects funded under the act or supplemental appropriations shall comply with the provisions of this rule.

(2) A recipient whose grant is either partially or 100% state-funded and who is certified under R 247.4306 is not required to comply with the provisions of this rule.

(3) Third-party contract processing shall be consistent with commission policy.

Approval, when required by commission policy, shall take place before contract execution.

(4) Departmental contractual agreements shall require that a recipient submit any documentation which is related to third-party procurement to the department for information purposes at the request of the department.

History

History: 1998-2000 AACS.

Mich. Admin. Code R 247.4306 Third-party contracts; federal involvement {#sec-r-247.4306 omnilex-key=us-mi-regs-official--dept-transportation--R 247.4306}

Rule 306. (1) A recipient that is considered certified by FTA will be considered certified by the department. If a recipient is decertified by FTA, then the recipient shall immediately notify the department.

(2) The department is responsible for certifications for nonurbanized recipients who utilize department procedures.

(3) The department may request third-party contract documents that are prepared under subrule (1) or (2) of this rule for informational purposes.

(4) A recipient who is unable to, or who elects not to, comply with the provisions of subrule (1) or (2) of this rule and a recipient who has a contractual requirement of department approval shall comply with the provisions of R 247.4305.

History

History: 1998-2000 AACS.

Mich. Admin. Code R 247.4307 Declaratory rulings {#sec-r-247.4307 omnilex-key=us-mi-regs-official--dept-transportation--R 247.4307}

Rule 307. (1) The department, upon the written request of an interested person, may issue a declaratory ruling as to the applicability of the act or a rule to an actual statement of facts if the person submits a clear and concise statement of the actual statement of facts to the department.An interested person may submit a brief or other reference to legal authorities upon which the person relies for determining the applicability of the act or a rule to the statement of facts.

(2) If the department determines it will issue a declaratory ruling, then it shall furnish the person with a written statement to that effect and shall set forth the time in which it will issue the ruling.

(3) A ruling shall repeat the actual statement of facts and the legal authority on which the department relies for the ruling it makes. A ruling, once issued, is binding on the department, and the department shall not change the ruling retroactively, but may change a ruling prospectively.

History

History: 1998-2000 AACS.

Aeronautics Commission Aeronautics Commission

R 259.201 to R 259.401 Aeronautics Commission General Rules

Mich. Admin. Code R 259.201 Definitions {#sec-r-259.201 omnilex-key=us-mi-regs-official--dept-transportation--R 259.201}

DEPARTMENT OF TRANSPORTATION

AERONAUTICS COMMISSION

GENERAL RULES

(By authority conferred on the aeronautics commission by sections 51 and 86 of 1945 PA 327, MCL 259.51 and 259.86, and section 11 of 1959 PA 259, MCL 259.491)

PART 1. GENERAL PROVISIONS

Rule 201. (1) As used in these rules:

(a) "Airport license" means certificate of approval as authorized in section 86(2) of Act No. 327 of the Public Acts of 1945, as amended, being S259.86(2) of the Michigan Compiled Laws.

(b) "Commission" means the Michigan aeronautics commission.

(c) "Data plate" means the engraved metal plate attached by an aircraft manufacturer which contains the make, model, and serial number of the aircraft for registration.

(d) "Dealer" means a person who negotiates the purchase, sale, or exchange of aircraft or aircraft parts that are legally required to be registered or who represents himself or herself as being engaged in the purchase, sale, brokerage, or exchange of such aircraft or registered parts thereof.

(e) "Dealer's license" means a license issued to dealers or manufacturers pursuant to R 259.223(3) and R 259.371 to R 259.377, which allows a dealer to obtain transferable general registration numbers for aircraft in inventory.

(f) "Established place of business" means the place actually occupied, either continuously or at regular periods, by a dealer or manufacturer, where books and records are kept, and where a substantial share of business is transacted.

(g) "General registration number" means a distinct registration certificate and decal plates for each aircraft owned or controlled by a dealer or manufacturer.

(h) "Purchaser" means a person who buys or leases, or otherwise receives possession of, an aircraft, including a bailee or assignee.

(i) "Registered part" means a part of an aircraft which contains the aircraft data plate.

(j) "Sales tax license" means the written authorization granted by the Michigan department of treasury according to the provisions of Act No. 122 of the Public Acts of 1941, as amended, being S205.1 et seq. of the Michigan Compiled Laws, which govern the sales of tangible personal property in the state.

(2) Terms defined in the following acts have the same meanings when used in these rules:

(a) Act No. 327 of the Public Acts of 1945, as amended, being S259.1 et seq. of the Michigan Compiled Laws.

(b) Act No. 23 of the Public Acts of the Extra Session of 1950, as amended, being S259.431 et seq. of the Michigan Compiled Laws.

(d) Act No. 259 of the Public Acts of 1959, as amended, being S259.481 et seq. of the Michigan Compiled Laws.

PART 2. LICENSES AND REGISTRATION

History

History: 1979 AC; 1985 AACS.

Mich. Admin. Code R 259.221 Rescinded {#sec-r-259.221 omnilex-key=us-mi-regs-official--dept-transportation--R 259.221}

History

History: 1979 AC; 1998-2000 AACS.

Mich. Admin. Code R 259.222 Rescinded {#sec-r-259.222 omnilex-key=us-mi-regs-official--dept-transportation--R 259.222}

History

History: 1979 AC; 1998-2000 AACS.

Mich. Admin. Code R 259.223 Rescinded {#sec-r-259.223 omnilex-key=us-mi-regs-official--dept-transportation--R 259.223}

History

History: 1979 AC; 1998-2000 AACS.

Mich. Admin. Code R 259.224 Rescinded {#sec-r-259.224 omnilex-key=us-mi-regs-official--dept-transportation--R 259.224}

History

History: 1979 AC; 1998-2000 AACS.

Mich. Admin. Code R 259.225 Rescinded {#sec-r-259.225 omnilex-key=us-mi-regs-official--dept-transportation--R 259.225}

History

History: 1979 AC; 1998-2000 AACS.

Mich. Admin. Code R 259.226 Inspections {#sec-r-259.226 omnilex-key=us-mi-regs-official--dept-transportation--R 259.226}

Rule 226. Personnel of the commission, licensed airport managers and their assistants, the Michigan state police, and other law enforcement agencies authorized to enforce the Michigan aeronautics code, the rules and regulations adopted thereunder, and federal aviation laws, shall be permitted at any time and place to make such inspection as deemed necessary to determine compliance with the Michigan aeronautics code and these rules and regulations.

PART 3. SUSPENSION AND REVOCATION OF LICENSES

History

History: 1979 AC.

Mich. Admin. Code R 259.231 Rescinded {#sec-r-259.231 omnilex-key=us-mi-regs-official--dept-transportation--R 259.231}

History

History: 1979 AC; 1998-2000 AACS.

Mich. Admin. Code R 259.232 Rescinded {#sec-r-259.232 omnilex-key=us-mi-regs-official--dept-transportation--R 259.232}

PART 4. AIRPORT CLASSIFICATION

History

History: 1979 AC; 1998-2000 AACS.

Mich. Admin. Code R 259.241 Scope {#sec-r-259.241 omnilex-key=us-mi-regs-official--dept-transportation--R 259.241}

Rule 241. This part prescribes the minimum airport facilities required for the granting of a license to operate a public use airport as provided by 1945 PA 327, MCL 259.1 et seq. Licensed public use airports shall be included on the Michigan aeronautical charts and other aviation publications made available to the public.

History

History: 1979 AC; 1985 AACS; 1998 AACS; 2001 AACS; 2003 AACS.

Mich. Admin. Code R 259.242 Term of license {#sec-r-259.242 omnilex-key=us-mi-regs-official--dept-transportation--R 259.242}

Rule 242. A license issued under the terms of this part shall expire on December 31 annually.

History

History: 1979 AC; 1985 AACS; 1998 AACS; 2001 AACS; 2003 AACS.

Mich. Admin. Code R 259.243 Basic utility airports {#sec-r-259.243 omnilex-key=us-mi-regs-official--dept-transportation--R 259.243}

Rule 243. A basic utility airport shall meet all of the following requirements:

(a) Have an airport manager licensed by the commission.

(b) Contain a runway that has a 1,200-foot landing length in each direction from a clear approach slope of 20 to 1. Unpaved runways shall have a minimum width of 50 feet with an additional 25 feet minimum width on each side clear of obstructions. Paved runways shall have a minimum width of 40 feet with an additional 30 feet minimum width on each side clear of obstructions.

(c) Maintain a state primary surface for each runway clear of all obstructions. The state primary surface shall be not be less than 100 feet wide, but not less than the width of the runway.

(d) Maintain a state approach surface that extends outward and upward from the end of the state primary surface for a distance of 5,000 feet. The shape of the state approach surface is rectangular with a minimum width of 100 feet and a length of 5,000 feet. The width of the state approach surface shall be at least as wide as the width of the runway.

The state approach surface extends for a horizontal distance of 5,000 feet at a slope of 20 to 1 including 15 feet of clearance over roads, 17 feet of clearance over interstate highways, 23 feet of clearance over railroads, and 25 feet of clearance over property lines. The state approach surface begins at the runway end for unpaved runways. If an object penetrates the state approach surface, the landing threshold shall be displaced to a point where a clear 20 to 1 approach slope can be maintained.

(e) Establish a permanent monument located on the centerline at or beyond each end of the runway.

(f) Maintain a clearly marked automobile parking area.

(g) Maintain an itinerant aircraft parking area.

(h) Maintain a clearly marked entrance from a public road.

(i) Paved runways shall have centerline marking and runway numbering conforming to the published standards of the federal aviation administration.

(j) Unpaved runways marked in accordance with commission standards.

(k) Maintain a windcone.

(l) Airports that have right traffic patterns shall have a segmented circle that has traffic pattern indicators.

(m) Runway lighting, if available for public use, shall conform to federal aviation administration standard color and layout in accordance with FAA Advisory Circular 150/5340-24 dated September 3, 1975, which is adopted by reference in these rules.

Printed copies of FAA Advisory Circular 150/5340-24 are available for inspection and distribution to the public free of charge at the office of the Michigan Department of Transportation, Bureau of Aeronautics, 2700 East Airport Service Drive, Lansing, Michigan 48906.Printed copies of FAA Advisory Circular 150/5340-24 are also available, free of charge, from the United States Department of Transportation, 800 Independence Avenue, Washington, D.C. 20591.

History

History: 1979 AC; 1985 AACS; 1998 AACS; 2001 AACS; 2003 AACS.

Mich. Admin. Code R 259.244 General utility airports {#sec-r-259.244 omnilex-key=us-mi-regs-official--dept-transportation--R 259.244}

Rule 244. (1) A general utility airport shall meet all of the following requirements:

(a) Have an airport manager licensed by the commission.

(b) Contain a runway that has a 1,800-foot landing length in each direction from a clear approach slope of 20 to 1. Unpaved runways shall have a minimum width of 100 feet. Paved runways shall have a minimum width of 40 feet.

(c) Maintain a state primary surface for each runway clear of all obstructions. The state primary surface shall be not less than 250 feet wide.

(d) Maintain a state approach surface for each runway end that extends outward and upward from the end of the state primary surface for a distance of 5,000 feet. The shape of the approach surface is a trapezoid that has a width of 250 feet at the end of the primary surface and expands uniformly to a width of 1,250 feet.

The state approach surface extends for a horizontal distance of 5,000 feet at a slope of 20 to 1, including 15 feet of clearance over roads, 17 feet of clearance over interstate highways, 23 feet of clearance over railroads, and 25 feet of clearance over property lines. The state approach surface begins at the runway end for unpaved runways. If an object penetrates the state approach surface, the landing threshold shall be displaced to a point where a clear 20 to 1 approach slope can be maintained.

(e) Contain a permanent monument located on the centerline at or beyond each end of the runway.

(f) Maintain a clearly marked automobile parking area.

(g) Maintain a clearly marked entrance from a public road.

(h) Paved runways shall have centerline marking and runway numbering conforming to the published standards of the federal aviation administration.

(i) Unpaved runways marked in accordance with commission standards.

(j) Any crosswind runways shall meet minimum requirements for a basic utility runway.

(k) Maintain a lighted windcone.

(l) Runway lighting shall be available from sunset to sunrise daily.Lighting configuration shall conform to federal aviation administration standard color and layout in accordance with FAA Advisory Circular 150/5340-24, dated September 3, 1975, which is adopted by reference in these rules. Printed copies of FAA Advisory Circular 150/5340-24 are available for inspection and distribution to the public free of charge at the office of the Michigan Department of Transportation, Bureau of Aeronautics, 2700 East Airport Service Drive, Lansing, Michigan 48906. Printed copies of the FAA Advisory Circular 150/5340-23 are also available, free of charge, from the United States Department of Transportation, 800 Independence Avenue, Washington, D.C. 20591.

(m) Airports that have right traffic patterns shall have a segmented circle that has traffic pattern indicators.

(2) A general utility airport shall provide all of the following services:

(a) An administration building or terminal building that has sanitary facilities available to the public.

(b) Adequate means to deter unauthorized or inadvertent access to the aircraft operations area.

(c) A telephone that is available to the public 24 hours daily on the airport and has the telephone's location clearly indicated.

(d) A formally adopted emergency service plan prepared by the airport owner.

(e) Airport rules and regulations that are adopted by the airport owner and available to the public.

(f) Itinerant aircraft parking and tie-downs, including adequate ropes and chains or their equivalent.

History

History: 1979 AC; 1985 AACS; 1998 AACS; 2001 AACS; 2003 AACS.

Mich. Admin. Code R 259.245 Air carrier airports {#sec-r-259.245 omnilex-key=us-mi-regs-official--dept-transportation--R 259.245}

Rule 245. The commission shall grant an air carrier airport license if both of the following minimum requirements are met:

(a) The airport employs an airport manager licensed by the commission.

(b) The airport has a valid airport operating certificate, or a limited airport operating certificate, issued by the Federal Aviation Administration.

History

History: 1979 AC; 1985 AACS; 1998-2000 AACS.

Mich. Admin. Code R 259.246 Rescinded {#sec-r-259.246 omnilex-key=us-mi-regs-official--dept-transportation--R 259.246}

History

History: 1979 AC; 1985 AACS; 1998-2000 AACS.

Mich. Admin. Code R 259.247 Heliports {#sec-r-259.247 omnilex-key=us-mi-regs-official--dept-transportation--R 259.247}

Rule 247. (1) A heliport shall meet all of the following requirements:

(a) Employ an airport manager licensed by the commission.

(b) Contain a length and width of the landing area of at least 1½ times the length of the helicopter using the facility.

(c) Contain at least 2 heliport approach surfaces free of obstructions. The heliport approach surface begins at the end of the heliport landing area with the same width as the landing area, and extending outward and upward for a horizontal distance of 4,000 feet where its width is 500 feet. The slope of the approach surface is 8 to 1. Two of the heliport approach surfaces provided shall be located to provide that their centerlines form an arc of not less than 90 degrees at their intersection. Each heliport approach surface shall provide an area suitable for an emergency landing during takeoff, climb-out, and landing.

(d) If a heliport is located on an elevated structure or roof, then the heliport shall comply with local building and fire codes. The landing area shall be designed to support 1.5 times the maximum gross weight of the largest helicopter authorized to use the heliport. When applying for a license, the applicant shall file a certificate signed by a professional engineer registered in this state, certifying structural compliance of the heliport.

(e) Contain a windcone or means of identifying wind direction.

(f) Ground level heliports shall have operational areas fenced or marked with caution signs to prevent the inadvertent or unauthorized entry of persons or vehicles.

(g) Signs indicating a heliport. The signs shall be located on the heliport's perimeter.

(h) Maintain a clearly marked automobile parking area.

(i) Maintain an itinerant aircraft parking area.

(j) Maintain a clearly marked entrance from a public road.

(k) A telephone that is available to the public 24 hours daily on the heliport and the telephone's location clearly indicated.

(l) An administration building or terminal building with sanitary facilities available to the public.

(2) A hospital heliport shall meet all of the following requirements:

(a) Be reserved solely for air ambulance use or other hospital-related functions.

(b) Have an airport manager, appointed by the hospital heliport owner or operator, who is licensed by the commission within 90 days after his or her appointment.

(c) Have a final approach and takeoff area, the minimum dimensions of which are at least 1½ times the overall length of the largest helicopter authorized to use the hospital heliport.

(d) Have final approach and takeoff areas positioned to provide a minimum safety region of at least 10 feet or 1/3 of the rotor length of the largest helicopter that will land at the site, measured from the edge of the final approach and takeoff area to the obstacle nearest that area.

(e) Have at least 1 approach or takeoff path that is aligned as nearly as possible with the dominant winds, but that may deviate from that alignment to avoid objects or noisesensitive areas or use airspace above public lands.

(f) Be capable of being secured to prohibit the inadvertent or unauthorized entry of persons or vehicles.

(g) If the heliport is at ground level, the operational heliport areas shall be fenced or marked with caution signs to prohibit the inadvertent or unauthorized entry of persons or vehicles.

(h) Signs indicating a heliport. The signs shall be located on the heliport's perimeter.

(i) The touchdown and liftoff area is a paved hard surface.

(j) Have a lighted wind direction indicator.

(k) Provide suitable lighting at the hospital heliport's perimeter for night operations, and that lighting at a minimum includes lights at each corner of the final approach and takeoff area.

(l) Have identification markings present at the hospital heliport site that conform to Federal Aviation Administration standards for hospital heliports.

(3) A hospital helistop shall meet all of the following requirements:

(a) Have a person responsible for the daily operation of the hospital helistop, appointed by the owner or operator of the hospital helistop who, as determined by that owner or operator, meets the minimum standards established by the commission.

(b) Within 90 days after appointing a responsible person who is in charge of the daily operation of the hospital helistop, the owner or operator of the hospital helistop shall provide the commission in writing with the name of the responsible person who is in charge of the daily operation of the hospital helistop and identify the manner in which the commission may contact that responsible person in the event of an emergency.

(d) Have at least 1 suitable helicopter approach path that is identified and free of obstacles.

(e) Have a wind direction indicator.

(f) Have appropriate permanent or temporary lighting available for night operations.

(g) Have adequate security to prevent bystanders from approaching a helicopter as it lands or departs.

(4) A pilot of a helicopter landing at a hospital helistop or heliport shall receive prior permission to land at the hospital helistop or heliport from the hospital helistop or a responsible person.

History

History: 1979 AC; 1985 AACS; 1998-2000 AACS.

Mich. Admin. Code R 259.248 Unimproved airstrip airports {#sec-r-259.248 omnilex-key=us-mi-regs-official--dept-transportation--R 259.248}

Rule 248. (1) An unimproved airstrip public airport license shall be granted if all of the following minimum services and facilities are provided and maintained:

(a) Have an airport manager licensed by the commission.

(b) At least 1 runway equipped with a 1,200-foot landing length in each direction from a clear approach slope of 20:1 and a 50-foot usable width with an additional 25foot minimum width on each side which is free of obstructions.

(c) An approach slope at a ratio of 20:1 with a width of not less than 100 feet. The approach slope shall be based on a clearance of all objects within the approach area, including a roadway clearance of 15 feet or 17 feet over an interstate highway and a railway clearance of 23 feet. Runway lights shall not be considered obstructions in the runway width required to be free of obstructions.

(d) A permanent monument established on the centerline at or beyond each end of the runway.

(e) A runway that is well defined by mowing, use of markers, or low peripheral farming with clearly marked displaced thresholds.

(f) A wind cone.

(2) A person using an unimproved airstrip shall do so at his or her own risk.

(3) No commercial operations may be based at an unimproved airstrip airport.

PART 5. LANDING AREA LICENSES AND APPROVALS

History

History: 2011 AACS.

Mich. Admin. Code R 259.251 Approval of sites {#sec-r-259.251 omnilex-key=us-mi-regs-official--dept-transportation--R 259.251}

Rule 251. (1) Upon receipt of an application for a new public use airport, the commission shall cause the proposed airport site to be inspected, and shall examine both of the following:

(a) Plans and specifications as to all local conditions affecting the establishment and construction.

(b) Detailed requirements of state, local, and federal laws.

(2) If the proposed or completed facility meets the minimum requirements for issuance of an airport license, and upon consideration of the public benefits and impacts on the surrounding area, then the commission shall license the site.

(3) All applications for a license shall include any proposal describing any planned development of services and facilities intended to serve the flying and non-flying public.

(4) Before annual renewal of any public use license, the commission shall determine that all applicable standards continue to be met by that facility, either through inspection or certification by the facility's owner or manager.

Rule 252. (1) Any facility, public or private, intended for the use of aircraft shall not be established, without prior commission approval, within 5 miles of a public use facility licensed by the commission.

(2) A facility shall not be licensed or approved which requires aircraft to be airborne under a bridge or power line during the approach to or take-off from a landing area, or requires an aircraft to fly in a manner that may endanger persons or property.

(3) The commission may refuse issuance of license or approval when the location of a proposed landing area is at or near an existing airport or is in proximity to a licensed landfill, a game refuge, fishery, or other refuge designated by the Department of Natural Resources or which would result in a finding of interference to air navigation under the Tall Structure Act (Act 259 of 1959, MCL 259.481 et seq.).

History

History: 1979 AC; 1998-2000 AACS. 259.252 Location of facilities.
History: 1979 AC; 1998-2000 AACS.

Mich. Admin. Code R 259.253 Airport name change {#sec-r-259.253 omnilex-key=us-mi-regs-official--dept-transportation--R 259.253}

Rule 253. The official name of an airport, as designated in a license issued by the commission, shall not be changed unless written request is made by resolution of the governing body of the airport authorizing the name change.

History

History: 1979 AC; 1998-2000 AACS.

Mich. Admin. Code R 259.254 Temporary field permits {#sec-r-259.254 omnilex-key=us-mi-regs-official--dept-transportation--R 259.254}

Rule 254. (1) If the owner of an aircraft uses, or proposes to use, an area or areas of land for temporary commercial operations, then the owner shall apply to the commission for a temporary field permit on forms furnished by the commission.

(2) The commission shall receive the application at least 14 days before the date of requested issuance, accompanied by a $50.00 fee.

(3) The commission shall inspect the area or areas and if the area meets the minimum requirements of a licensed public use aeronautical facility, then the commission may issue a temporary field permit for a period not to exceed 120 days.

(4) This rule shall not apply to facilities intended for the exclusive use of ultralights, balloons, or seaplanes.

History

History: 1979 AC; 1998-2000 AACS.

Mich. Admin. Code R 259.255 Rescinded {#sec-r-259.255 omnilex-key=us-mi-regs-official--dept-transportation--R 259.255}

PART 6. SEAPLANE BASES

History

History: 1979 AC; 1998-2000 AACS.

Mich. Admin. Code R 259.261 Rescinded {#sec-r-259.261 omnilex-key=us-mi-regs-official--dept-transportation--R 259.261}

History

History: 1979 AC; 1998-2000 AACS.

Mich. Admin. Code R 259.262 Rescinded {#sec-r-259.262 omnilex-key=us-mi-regs-official--dept-transportation--R 259.262}

PART 7. HELIPORTS

History

History: 1979 AC; 1998-2000 AACS.

Mich. Admin. Code R 259.271 Rescinded {#sec-r-259.271 omnilex-key=us-mi-regs-official--dept-transportation--R 259.271}

History

History: 1979 AC; 1998-2000 AACS.

Mich. Admin. Code R 259.272 Rescinded {#sec-r-259.272 omnilex-key=us-mi-regs-official--dept-transportation--R 259.272}

PART 8. AIRPORT APPROACH STANDARDS

History

History: 1979 AC; 1998-2000 AACS.

Mich. Admin. Code R 259.281 Scope of part 8 {#sec-r-259.281 omnilex-key=us-mi-regs-official--dept-transportation--R 259.281}

Rule 281. This part prescribes the airport approach standards which will be used by the commission in conducting aeronautical studies.

History

History: 1979 AC.

Mich. Admin. Code R 259.281a Approaches {#sec-r-259.281a omnilex-key=us-mi-regs-official--dept-transportation--R 259.281a}

Rule 281a. The commission shall review the proposed construction or alter- ation of objects which are or will be in the vicinity of a licensed airport and which may be hazardous to the flight of aircraft for conformance with the minimum approach requirements. The review shall consider existing and planned use of the facility.

History

History: 1998-2000 AACS.

Mich. Admin. Code R 259.282 Objects of interference {#sec-r-259.282 omnilex-key=us-mi-regs-official--dept-transportation--R 259.282}

Rule 282. A man-made structure, natural growth or other object that projects above the landing area or any of the airport referenced imaginary surfaces is considered an object of interference to air-navigation unless an aeronautical study reveals otherwise.

History

History: 1979 AACS; 1998-2000 AACS.

Mich. Admin. Code R 259.283 Airport referenced imaginary surfaces {#sec-r-259.283 omnilex-key=us-mi-regs-official--dept-transportation--R 259.283}

Rule 283. Airport referenced imaginary surfaces are established by reference to the airport as described in Act No. 259 of the Public Acts of 1959, as amended, being S259.481 et seq. of the Michigan Compiled Laws, and consist of all of the following:

(a) The approach surfaces.

(b) Inner horizontal surface.

(d) Transitional surfaces.

History

History: 1979 AACS; 1998-2000 AACS.

Mich. Admin. Code R 259.284 Rescinded {#sec-r-259.284 omnilex-key=us-mi-regs-official--dept-transportation--R 259.284}

History

History: 1979 AACS; 1998-2000 AACS.

Mich. Admin. Code R 259.285 Rescinded {#sec-r-259.285 omnilex-key=us-mi-regs-official--dept-transportation--R 259.285}

History

History: 1979 AACS; 1998-2000 AACS.

Mich. Admin. Code R 259.286 Rescinded {#sec-r-259.286 omnilex-key=us-mi-regs-official--dept-transportation--R 259.286}

History

History: 1979 AACS; 1998-2000 AACS.

Mich. Admin. Code R 259.287 Rescinded {#sec-r-259.287 omnilex-key=us-mi-regs-official--dept-transportation--R 259.287}

History

History: 1979 AACS; 1998-2000 AACS.

Mich. Admin. Code R 259.288 Rescinded {#sec-r-259.288 omnilex-key=us-mi-regs-official--dept-transportation--R 259.288}

History

History: 1979 AACS; 1998-2000 AACS.

Mich. Admin. Code R 259.289 Rescinded {#sec-r-259.289 omnilex-key=us-mi-regs-official--dept-transportation--R 259.289}

History

History: 1979 AACS; 1998-2000 AACS.

Mich. Admin. Code R 259.290 Rescinded {#sec-r-259.290 omnilex-key=us-mi-regs-official--dept-transportation--R 259.290}

PART 9. AIRPORT HAZARDS

History

History: 1979 AACS; 1998-2000 AACS.

Mich. Admin. Code R 259.291 Applications {#sec-r-259.291 omnilex-key=us-mi-regs-official--dept-transportation--R 259.291}

Rule 291. (1) Application shall be made for a commission permit, unless otherwise authorized in these rules, before a structure, natural growth, or other object shall be erected, rebuilt, altered, allowed to grow or maintained within the areas described in R 259.292 and R 259.293, which will result in an object extending more than 500 feet above the highest point of land within a 1 mile radius from the object.

(2) No application shall be required for the emergency repair, alteration, or replacement of public utility structures, other than buildings when the height of such structures will not be increased. Any circumstances calling for immediate action or remedy in the repair, alteration, or replacement of public utility structures shall be deemed an emergency.

History

History: 1979 AC.

Mich. Admin. Code R 259.292 Zoning ordinances {#sec-r-259.292 omnilex-key=us-mi-regs-official--dept-transportation--R 259.292}

Rule 292. (1) In areas surrounding a public use airport for which zoning ordinances or resolutions have not been adopted by local units of government, no person shall erect, add to the height of, or replace any object within an area lying 500 feet on either side of the centerline of a runway or landing strip for a distance of 2 miles from the nearest boundary of a public use airport, which will result in an object extending higher than the height determined by the ratio of 20:1 between the nearest boundary of the airport and the object.

(2) In areas for which zoning ordinances or resolutions have been adopted by local units of government, no person shall erect, add to the height of, or replace an object except as authorized by the local zoning ordinance. Outside of locally zoned territory and within an area determined by the extensions of the approach surface and the transitional surface on the same slope ratios established under the local zoning ordinance or resolution, but not to exceed a slope ratio of 40:1 for the approach surface, or 7:1 for the transitional surface, to a point where the extended approach and transitional surfaces intersect the 500-foot level described in R 259.291, no object shall be erected, altered by increasing its height, or replaced until a permit therefor has been obtained from the commission.

History

History: 1979 AC.

Mich. Admin. Code R 259.293 Nonconforming structures and trees {#sec-r-259.293 omnilex-key=us-mi-regs-official--dept-transportation--R 259.293}

Rule 293. These rules do not require removal, lowering, change, or alteration of a structure, vegetation, or other object not conforming to these rules as of their effective date. However, the owner of a nonconforming object shall without expense provide or permit installation, operation, and maintenance of markers and lights deemed necessary by the commission to indicate the presence of airport hazards.

Where an airport hazard area exists in connection with a public use airport, the commission shall define and determine the airport hazard area and certify such determination to the political subdivision where the airport is located, and to the airport owner or operator.

History

History: 1979 AC.

Mich. Admin. Code R 259.294 Abatement of hazards {#sec-r-259.294 omnilex-key=us-mi-regs-official--dept-transportation--R 259.294}

Rule 294. An encroachment upon an airport protection area arising out of the erection, rebuilding, alteration, growth, or maintenance of a structure, vegetation, or other object constitutes a public nuisance and may be abated.

History

History: 1979 AC.

Mich. Admin. Code R 259.295 Conflicting rules {#sec-r-259.295 omnilex-key=us-mi-regs-official--dept-transportation--R 259.295}

Rule 295. If these rules conflict with other regulations applicable to the same area, whether the conflict is with respect to the height of structures, vegetation, or other objects, or any other matter, those limitations or requirements determined by the commission to be most conducive to airport and air travel safety shall prevail and govern.

PART 10. AIRPORT FIELD RULES

History

History: 1979 AC.

Mich. Admin. Code R 259.301 Rescinded {#sec-r-259.301 omnilex-key=us-mi-regs-official--dept-transportation--R 259.301}

History

History: 1979 AACS; 1998-2000 AACS.

Mich. Admin. Code R 259.302 Rescinded {#sec-r-259.302 omnilex-key=us-mi-regs-official--dept-transportation--R 259.302}

History

History: 1979 AACS; 1998-2000 AACS.

Mich. Admin. Code R 259.303 Rescinded {#sec-r-259.303 omnilex-key=us-mi-regs-official--dept-transportation--R 259.303}

History

History: 1979 AACS; 1998-2000 AACS.

Mich. Admin. Code R 259.304 Supervision of running engines {#sec-r-259.304 omnilex-key=us-mi-regs-official--dept-transportation--R 259.304}

Rule 304. (1) An aircraft engine shall not be started unless a competent operator is in the aircraft attending the engine controls.

(2) Blocks equipped with ropes or other suitable means of removing the blocks shall always be placed in front of the wheels before starting the engine, unless the aircraft is equipped with adequate parking brakes and the brakes are effectively set.

(3) An aircraft shall be started and warmed up only in areas designated for such purposes.

History

History: 1998-2000 AACS.

Mich. Admin. Code R 259.305 Fueling of aircraft {#sec-r-259.305 omnilex-key=us-mi-regs-official--dept-transportation--R 259.305}

Rule 305. No aircraft shall be fueled in a hangar, or while the engine is running.

History

History: 1998-2000 AACS.

Mich. Admin. Code R 259.306 Rescinded {#sec-r-259.306 omnilex-key=us-mi-regs-official--dept-transportation--R 259.306}

History

History: 1979 AACS; 1998-2000 AACS.

Mich. Admin. Code R 259.307 Towing {#sec-r-259.307 omnilex-key=us-mi-regs-official--dept-transportation--R 259.307}

Rule 307. A pilot shall not tow anything by an aircraft unless authority for the operation has been issued in writing by the airport manager, and appropriate commission and federal waivers have been issued.

History

History: 1998-2000 AACS.

Mich. Admin. Code R 259.308 Dropping of objects {#sec-r-259.308 omnilex-key=us-mi-regs-official--dept-transportation--R 259.308}

Rule 308. The pilot of an aircraft shall not permit an object to be dropped from an aircraft in flight except upon written permission of the political subdivision having jurisdiction over the proposed act, and after full compliance is made with all applicable federal, state, and local laws and regulations. This rule does not prohibit aerial application operations such as seeding, spraying or dusting, where authorized by law, or acts performed in emergencies when it is necessary to lighten an aircraft in the interests of safety of the aircraft and its occupants.

PART 11. AIRPORT MANAGERS AND ASSISTANT AIRPORT MANAGERS

History

History: 1998-2000 AACS.

Mich. Admin. Code R 259.311 Appointment and licensing {#sec-r-259.311 omnilex-key=us-mi-regs-official--dept-transportation--R 259.311}

Rule 311. (1) The owner or operator of a licensed aeronautical facility in the state shall appoint an airport manager. The airport manager may designate an individual to fulfill the duties of the airport manager in his or her absence.

(2) The airport manager shall have, by appropriate resolution of the appointing political subdivision, power and authority to exercise the control over the aeronautical facility for the enforcement of federal, state, and local rules and regulations pertaining to the landing area and its use.

(3) An airport manager or assistant airport manager shall obtain a 70% passing grade on a test based on the Michigan Aeronautics Code and the rules and regulations of the commission. The commission shall furnish the tests.

History

History: 1979 AACS; 1998-2000 AACS.

Mich. Admin. Code R 259.312 Responsibilities and duties {#sec-r-259.312 omnilex-key=us-mi-regs-official--dept-transportation--R 259.312}

Rule 312. An airport manager and assistant manager shall do all of the following as necessary:

(a) Assist appropriate authorities in enforcement of this act and the rules promulgated under this act.

(b) Determine that all licensed aeronautical facility requirements for the class under which the site is licensed are maintained.

(c) Determine and take appropriate action to assure that all locally based commercial activities operating on the licensed aeronautical facility have appropriate licenses and registrations as issued by the appropriate state and federal agencies.

(d) Post local rules, traffic patterns, and noise abatement procedures, if any.

(e) File notice with the proper federal agency indicating any change in the aeronautical facility condition.

(f) Advise the commission of a proposed construction or zoning change adjacent to or near the licensed aeronautical facility that would affect air navigation safety or use.

(g) Advise sponsors of new and proposed construction of federal regulations pertaining to objects affecting navigable airspace.

PART 12. AVIATION SCHOOLS AND INSTRUCTORS

History

History: 1979 AACS; 1998-2000 AACS.

Mich. Admin. Code R 259.321 Rescinded {#sec-r-259.321 omnilex-key=us-mi-regs-official--dept-transportation--R 259.321}

History

History: 1979 AACS; 1998-2000 AACS.

Mich. Admin. Code R 259.322 Rescinded {#sec-r-259.322 omnilex-key=us-mi-regs-official--dept-transportation--R 259.322}

History

History: 1979 AACS; 1998-2000 AACS.

Mich. Admin. Code R 259.323 Rescinded {#sec-r-259.323 omnilex-key=us-mi-regs-official--dept-transportation--R 259.323}

History

History: 1979 AACS; 1998-2000 AACS.

Mich. Admin. Code R 259.324 Rescinded {#sec-r-259.324 omnilex-key=us-mi-regs-official--dept-transportation--R 259.324}

History

History: 1979 AACS; 1998-2000 AACS.

Mich. Admin. Code R 259.325 Rescinded {#sec-r-259.325 omnilex-key=us-mi-regs-official--dept-transportation--R 259.325}

PART 13. FLYING CLUBS

History

History: 1979 AACS; 1998-2000 AACS.

Mich. Admin. Code R 259.331 Rescinded {#sec-r-259.331 omnilex-key=us-mi-regs-official--dept-transportation--R 259.331}

History

History: 1979 AACS; 1998-2000 AACS.

Mich. Admin. Code R 259.332 Rescinded {#sec-r-259.332 omnilex-key=us-mi-regs-official--dept-transportation--R 259.332}

History

History: 1979 AACS; 1998-2000 AACS.

Mich. Admin. Code R 259.333 Rescinded {#sec-r-259.333 omnilex-key=us-mi-regs-official--dept-transportation--R 259.333}

PART 14. AIR TRAFFIC RULES

History

History: 1979 AACS; 1998-2000 AACS.

Mich. Admin. Code R 259.341 Rescinded {#sec-r-259.341 omnilex-key=us-mi-regs-official--dept-transportation--R 259.341}

History

History: 1979 AACS; 1998-2000 AACS.

Mich. Admin. Code R 259.342 Rescinded {#sec-r-259.342 omnilex-key=us-mi-regs-official--dept-transportation--R 259.342}

History

History: 1979 AACS; 1998-2000 AACS.

Mich. Admin. Code R 259.343 Rescinded {#sec-r-259.343 omnilex-key=us-mi-regs-official--dept-transportation--R 259.343}

History

History: 1979 AACS; 1998-2000 AACS.

Mich. Admin. Code R 259.344 Aircraft lights {#sec-r-259.344 omnilex-key=us-mi-regs-official--dept-transportation--R 259.344}

Rule 344. (1) An aircraft in flight shall display position lights between the hours of official sunset and sunrise.

(2) An aircraft parked, moored, or otherwise stationed within any area of an airport used, or available, for night flight operations shall be clearly illuminated, unless the parking area is otherwise marked with lights clearly defining the boundaries of the area.

(3) An aircraft parked, moored, or otherwise stationed on water shall display a white anchor light, or position light.

PART 15. INTRASTATE COMMERCIAL OPERATIONS

History

History: 1979 AACS; 1998-2000 AACS.

Mich. Admin. Code R 259.351 Intrastate air commerce; compliance with federal regulations required; advance ticket sales surety bond {#sec-r-259.351 omnilex-key=us-mi-regs-official--dept-transportation--R 259.351}

Rule 351. (1) An operator engaging in intrastate air commerce, which is the carriage of persons or property in common carriage operations solely between points entirely within the state of Michigan, shall comply with all applicable federal regulations.

(2) Before commencing any operations, an owner shall furnish, to the Michigan aeronautics commission, satisfactory proof of a surety bond in the amount of $50,000.00 to cover any advance ticket sales.

History

History: 1979 AC. 1996 AACS, 1998-2000 AACS.

Mich. Admin. Code R 259.352 Rescinded {#sec-r-259.352 omnilex-key=us-mi-regs-official--dept-transportation--R 259.352}

History

History: 1979 AC; 1996 AACS; 1998-2000 AACS.

Mich. Admin. Code R 259.353 Rescinded {#sec-r-259.353 omnilex-key=us-mi-regs-official--dept-transportation--R 259.353}

PART 16. FINANCIAL RESPONSIBILITY

History

History: 1979 AC; 1996 AACS; 1998-2000 AACS.

Mich. Admin. Code R 259.361 Rescinded {#sec-r-259.361 omnilex-key=us-mi-regs-official--dept-transportation--R 259.361}

History

History: 1979 AACS; 1998-2000 AACS.

Mich. Admin. Code R 259.362 Rescinded {#sec-r-259.362 omnilex-key=us-mi-regs-official--dept-transportation--R 259.362}

History

History: 1979 AACS; 1998-2000 AACS.

Mich. Admin. Code R 259.363 Rescinded {#sec-r-259.363 omnilex-key=us-mi-regs-official--dept-transportation--R 259.363}

PART 17. DEALERS AND MANUFACTURERS

History

History: 1979 AACS; 1998-2000 AACS.

Mich. Admin. Code R 259.371 Rescinded {#sec-r-259.371 omnilex-key=us-mi-regs-official--dept-transportation--R 259.371}

History

History: 1985 AACS; 1998-2000 AACS.

Mich. Admin. Code R 259.372 Place of business; requirements {#sec-r-259.372 omnilex-key=us-mi-regs-official--dept-transportation--R 259.372}

Rule 372. (1) An applicant for an aircraft dealer's or manufacturer's license shall occupy a place of business with facilities appropriate to the conduct of business matters and the preparation and preservation of business records, including a telephone.

(2) A licensee shall notify the commission of any change in location of his or her place of business.

(3) The facilities of a licensee shall meet pertinent requirements of other state laws, including ordinances of political subdivisions having jurisdiction.

History

History: 1985 AACS; 1998-2000 AACS.

Mich. Admin. Code R 259.373 Sales tax license required {#sec-r-259.373 omnilex-key=us-mi-regs-official--dept-transportation--R 259.373}

Rule 373. (1) An applicant for an aircraft dealer's or manufacturer's license shall possess a Michigan sales tax license at all times. The licensee shall conform to all applicable provisions of Act No. 122 of the Public Acts of 1941, as amended, being S205.1 et seq. of the Michigan Compiled Laws.

(2) An applicant or licensee shall provide the commission with the sales tax license number assigned by the state and any other pertinent information which would allow the commission to determine lawful use of the license.

History

History: 1985 AACS; 1998-2000 AACS.

Mich. Admin. Code R 259.374 Rescinded {#sec-r-259.374 omnilex-key=us-mi-regs-official--dept-transportation--R 259.374}

History

History: 1985 AACS; 1998-2000 AACS.

Mich. Admin. Code R 259.375 Rescinded {#sec-r-259.375 omnilex-key=us-mi-regs-official--dept-transportation--R 259.375}

History

History: 1985 AACS; 1998-2000 AACS.

Mich. Admin. Code R 259.376 Rescinded {#sec-r-259.376 omnilex-key=us-mi-regs-official--dept-transportation--R 259.376}

History

History: 1985 AACS; 1998-2000 AACS.

Mich. Admin. Code R 259.377 Transfer of possession or control of aircraft; application for registration {#sec-r-259.377 omnilex-key=us-mi-regs-official--dept-transportation--R 259.377}

Rule 377. (1) A dealer or manufacturer shall apply to the commission for aircraft registration before transferring possession or control of an aircraft to a purchaser.

(2) A purchaser shall sign the application for registration and any other necessary papers which enable the dealer or manufacturer to apply for the registration of the aircraft.

(3) An application shall be accompanied by the required fee as provided in R 259.223(2).

(4) An application for registration required pursuant to this rule shall be submitted to the commission not later than 15 days after the transfer of possession or control of an aircraft to a purchaser.

PART 18. HEARINGS BY THE COMMISSION

History

History: 1985 AACS.

Mich. Admin. Code R 259.381 Location and notice {#sec-r-259.381 omnilex-key=us-mi-regs-official--dept-transportation--R 259.381}

Rule 381. Hearings by the commission shall be conducted in accordance with Act No. 197 of the Public Acts of 1952, as amended, being SS24.101 to 24.110 of the Michigan Compiled Laws. Unless otherwise indicated, a hearing shall be held in the offices of the commission, Capital City Airport, Lansing, Michigan. A hearing notice shall be given by registered mail, and shall state the date, time, place, issues involved, and reason for conducting the hearing. The notice shall be mailed at least 20 days prior to the date set for hearing.

History

History: 1979 AC.

Mich. Admin. Code R 259.382 Adjournments and continuances {#sec-r-259.382 omnilex-key=us-mi-regs-official--dept-transportation--R 259.382}

Rule 382. A hearing shall not be adjourned or continued except upon order of the commission, or its duly authorized hearings representative. A request for adjournment or continuance shall be in writing, stating concisely the reasons why it is required, and be filed at least 10 days prior to the date set for hearing, or sufficient showing made that reasons beyond the control of the party making such request prevented such filing.

History

History: 1979 AC.

Mich. Admin. Code R 259.383 Appearances and defaults {#sec-r-259.383 omnilex-key=us-mi-regs-official--dept-transportation--R 259.383}

Rule 383. A party may appear in person or by a duly authorized representative or attorney. If a party fails to appear after proper service of notice, and if no adjournment is granted, the commission may proceed with the hearing and make its decisions in the absence of the party.

History

History: 1979 AC.

Mich. Admin. Code R 259.384 Pleadings, briefs, and stipulations {#sec-r-259.384 omnilex-key=us-mi-regs-official--dept-transportation--R 259.384}

Rule 384. (1) A party requesting a hearing shall submit to the commission in writing a fair and accurate statement of the reasons therefor, the facts and issues involved, and may file a brief upon the law. Allegations of fact recited in the statement may be accepted by the commission as evidence, unless a written answer is filed denying such facts or unless a party asserts affirmative defenses in his answer.

(2) A proper party may file a written answer to charges or claims made, or may present an oral statement at the time of hearing. Copies of statements, written pleadings and briefs of any party shall be served on the commission, and upon all other proper parties at least 10 days prior to the date set for hearing.

(3) The parties to any proceeding before the commission, by written stipulation filed with the commission, may agree upon any issues of fact involved in the controversy, and the stipulation may be accepted and used as evidence at the hearing.

PART 19. GENERAL PROVISIONS AND RESCISSION

History

History: 1979 AC.

Mich. Admin. Code R 259.391 Waiver of rules {#sec-r-259.391 omnilex-key=us-mi-regs-official--dept-transportation--R 259.391}

Rule 391. The commission may, at its discretion, waive compliance with these rules and regulations in connection with any particular application when, after a hearing, waiver is found to be required by circumstances or conditions and is determined to be in the public interest.

History

History: 1979 AC.

Mich. Admin. Code R 259.399 Rescission of prior rules {#sec-r-259.399 omnilex-key=us-mi-regs-official--dept-transportation--R 259.399}

Rule 399. Rules 1.0 to 10.0 of the General Rules of the commission as amended, being R 259.101 to R 259.200 of the Michigan Administrative Code, and appearing on pages 349 to 365 of the 1957 Supplement to the Code, and pages 2790 and 2791 of the 1963 Annual Supplement to the Code, and pages 11 and 12 of Supplement No. 50 to the Code, are rescinded.

PART 20. SEAPLANE OPERATIONS

History

History: 1979 AC.

Mich. Admin. Code R 259.401 Seaplane Operations Rule 401 (1) As used in this rule: {#sec-r-259.401 omnilex-key=us-mi-regs-official--dept-transportation--R 259.401}

(a) "Waterway" means any waterway which is navigable and available for use under the public trust doctrine. This rule does not authorize the use of seaplanes in a manner or location which would violate the property rights of another person.

(b) "Seaplane" means an aircraft which is capable of landing and taking off on the water.

(2) A waterway may be used for the landing, docking, and takeoff of seaplanes in accordance with this rule. This rule does not authorize the use of seaplanes in a manner or location which would violate the property rights of another person. In the landing, docking, and takeoff of a seaplane the pilot of a seaplane shall comply with all applicable federal and state laws and rules, and shall comply with all of the following requirements:

(a) Except in an emergency, a seaplane shall not land, dock, or takeoff from a waterway in violation of a local ordinance, unless approval for that purpose has been granted under subrules (3) to (11) of this rule.

(b) In consideration of the many, varied, and changing uses made of waterways, the pilot of a seaplane shall take precautions to ensure that the landing, docking, and takeoff will be done safely and in a manner which does not endanger other persons, watercraft and property.

(c) A seaplane shall not land, dock or takeoff on a waterway in such a manner as would violate applicable laws, ordinances, and rules if done by a motorized watercraft, except that a seaplane is not required to comply with a statewide speed limit for watercraft while landing and taking off, if a higher speed is necessary for safe operation and is not in conflict with any other restrictions applicable to watercraft.

(d) A seaplane shall not land, dock, or takeoff on a waterway which has been disapproved for such seaplane use under subrule (11) or (12) of this rule.

(3) If a local ordinance is in existence on the effective date of this rule or is subsequently enacted and approved under this rule, which restricts the landing, docking, and takeoff of seaplanes on a waterway, then the ordinance is enforceable except to the extent that it is subsequently overridden under sections 51 and 86(2) of the Aeronautics Code in accordance with this rule.A person seeking to have an ordinance overridden shall file an application requesting the override on forms to be provided by the department. If, upon review of the application, the department determines that there is a reasonable basis to consider an override under the criteria of subrule (8) of this rule, then the department shall act on the application in accordance with subrules (6) to (11) of this rule.

(4) If a municipality approves a local ordinance, after the effective date of this rule, to restrict the landing, docking, and takeoff of seaplanes on a waterway, then the ordinance shall be approved under subrules (7) to (11) of this rule, before the ordinance becomes effective. The municipality shall file an application for approval of the ordinance on forms to be provided by the department.

(5) If there has been a substantial change in the circumstances under which the prior decision was made, then a person may file an application on forms to be provided by the department requesting that a decision to grant or deny an application be reconsidered and reversed or modified. If the department concurs that there has been a substantial change in circumstances, then the department shall act on the application in accordance with subrules (6) to (11) of this rule.

(6) If the department proceeds on an application under subrule (3) or (5) of this rule, then the department shall publish notice of the application in a newspaper of general circulation in the area in which the local ordinance would be overridden or approved and shall give notice to each county, city, township, or village whose boundaries include any portion of the land adjacent to the waterway. There shall be not less than 30 days for the submission of preliminary comments by any interested person regarding the suitability of the waterway for seaplane use. If the applicant proposes to allow seaplane use on a portion of a stream or river, then the department shall give notice to each county, city, township or village whose boundaries are adjacent to the stream or river and are within 3000 feet of the portion proposed for seaplane use.

(7) After reviewing the application submitted under subrule (3), (4) or (5) of this rule, and comments submitted under subrule (6) of this rule, the department shall inspect the waterway at such times and manner as may be appropriate to assess the suitability of the waterway for seaplane use.

(8) In determining if a waterway is suitable for seaplane use, the department and the Aeronautics Commission shall consider all of the following:

(a) The needs and purposes served by the local ordinance.

(b) The safety and general suitability of the waterway for seaplane use.

(d) The availability of suitable alternative waterways for seaplane use.

(e) The public interest in fostering aviation and allowing the use of navigable waterways for aviation and other purposes.

(f) Whether competing interests may be balanced by imposing limitations or conditions on use of the waterway by seaplanes.

(g) Any other factor which reasonably would be affected by a decision to allow seaplane use notwithstanding the local ordinance. In no event shall the landing, docking, or takeoff of seaplanes be approved if the landing, docking, or takeoff would pose unreasonable risks to public health, safety, or property.

(9) After reviewing the comments, and conducting an inspection of the waterway and considering the criteria in subrule (8) of this rule, the department shall make a proposed recommendation to approve or disapprove an ordinance which restricts the use of the waterway by seaplanes with any limitations or conditions as may be considered appropriate. A copy of the proposed recommendation shall be provided to the applicant, each county, city, township, or village entitled to notice under subrule (6) of this rule, and to any person who submitted comments and provided his or her name and address. Within 21 days after the proposed recommendation is sent, a recipient of the proposed recommendation may request that a public hearing be conducted before the application is granted or denied.

(10)After receipt of a request for a public hearing under subrule (9) of this rule, the department shall schedule a hearing at a time and location reasonably convenient to local officials, property owners, users of the waterway and other interested persons.

The department shall publish notice of the hearing in a newspaper of general circulation in the area in which the local ordinance would be overridden or approved. Interested persons shall be afforded an opportunity to present their views at the hearing, either orally or in writing. The hearing is not an evidentiary hearing or a contested case proceeding under the Administrative Procedures Act of 1969. The department shall make and transcribe a record of the hearing.

(11)The department shall review the application, the comments, the results of its inspection, and information obtained at the public hearing. The department shall apply the criteria of subrule (8) of this rule, and make a recommendation for consideration by the Aeronautics Commission and the director of the department to grant or deny the application, with such limitations or conditions as may be considered appropriate. The director of the department and at least 6 members of the Aeronautics Commission, 1 of whom may be the director of the department, shall concur in a decision to override a local ordinance under subrule (3) or (5) of this rule. The decision may include conditions and limitations on the use of the waterway by seaplanes. An application under subrule (4) of this rule may be approved by the director of the department or a majority of the Aeronautics Commission.An application under subrule (4) of this rule may be disapproved or approved with specified limitations or conditions only if the director of the department and at least 6 members of the Aeronautics Commission, 1 of whom may be the director of the department, concur in the decision. An application under subrule (4) of this rule shall be considered approved unless the director of the department and at least 6 members of the Aeronautics Commission, 1 of whom may be the director of the department, concur in a decision to disapprove the application or to approve it only with specified limitations or conditions, within 270 days after it was filed.The decision shall constitute the final administrative decision on the application.

(12)If at any time the department or the Aeronautics Commission determines that use of any waterway by seaplanes poses an unreasonable risk to public health, safety, or property, the department or commission may withdraw approval or limit use of the waterway or make the use of the waterway subject to conditions, after following the applicable procedures and criteria in subrules (6) to (11) of this rule. If considered necessary to protect public health, safety, or property, the department or the Aeronautics Commission may issue an interim order restricting the use of a waterway by seaplanes pending completion of the procedures in subrules (6) to (11) of this rule.

(13)The department shall maintain an open public record of all decisions or restrictions on the use of waterways by seaplanes under subrule (11) of this rule.

(14)A seaplane base shall also be approved under section 86a(1) of the Aeronautics Code.

History

History: 1998-2000 AACS.

R 259.801 to R 259.807 Airport Development Loans

Mich. Admin. Code R 259.801 Definitions {#sec-r-259.801 omnilex-key=us-mi-regs-official--dept-transportation--R 259.801}

DEPARTMENT OF TRANSPORTATION

AERONAUTICS COMMISSION

AIRPORT DEVELOPMENT LOANS

(By authority conferred on the aeronautics commission by section 3 of Act No. 107 of the Public Acts of 1969, as amended, and Executive Reorganization Order No. 1973-1, as amended, being SS259.253 and 247.821 of the Michigan Compiled Laws)

Rule 1. As used in these rules:

(a) "Act" means Act No. 107 of the Public Acts of 1969, as amended, being S259.251 et seq. of the Michigan Compiled Laws.

(b) "Air carrier airport" means a facility receiving scheduled air service from certified air carriers licensed under the provisions of 14 C.F.R. S121.1 et seq.

(d) "Commission staff" means the Michigan department of transportation, bureau of aeronautics.

(e) "Fundamental development item" means an item necessary to serve the public and the aircraft under safe and satisfactory conditions.

(f) "Loan agreement" means the document signed by the sponsor and commission which specifies the terms and conditions of a loan.

(g) "Non-air carrier airport" means a facility that does not receive scheduled air service from certified air carriers.

(h) "Publicly owned airport" means a facility owned and operated by a legally distinct political subdivision of the state of Michigan.

(i) "Sponsor" means a legally distinct political subdivision of the state of Michigan which owns an airport.

(j) "State airport system plan" means a continuously updated 20-year plan which is compiled by the Michigan aeronautics commission and which identifies airport development projects that are eligible for state funding.

History

History: 1979 AC; 1982 AACS.

Mich. Admin. Code R 259.802 Loan eligibility and priorities {#sec-r-259.802 omnilex-key=us-mi-regs-official--dept-transportation--R 259.802}

Rule 2. (1) A publicly owned airport listed in the current state airport system plan or a community which does not have a publicly owned airport but is listed in the current state airport system plan shall be eligible for state loan funds.

(2) State loan funds shall be allocated according to a priority system so as to maximize effectiveness.

(3) Project funding shall be based on the following priorities:

(a) A project at a non-air carrier airport which upgrades an airport to minimum requirements, as described in the fundamental development items, shall have first priority.

(b) A project at a non-air carrier airport involving items not defined as fundamental development items shall have second priority.

History

History: 1979 AC; 1982 AACS.

Mich. Admin. Code R 259.803 Loan applications {#sec-r-259.803 omnilex-key=us-mi-regs-official--dept-transportation--R 259.803}

Rule 3. (1) A publicly owned airport sponsor shall initiate a loan request with a letter of application signed by a responsible official. The letter of application shall briefly describe the proposed improvement project.

(2) An application shall be sent to the Michigan Aeronautics Commission, Capital City Airport, Lansing, Michigan 48906.

History

History: 1979 AC; 1982 AACS.

Mich. Admin. Code R 259.804 Commission studies and approval {#sec-r-259.804 omnilex-key=us-mi-regs-official--dept-transportation--R 259.804}

Rule 4. (1) The aeronautics commission staff shall conduct a feasibility study of the proposed project upon receipt of the sponsor's application. In conducting its study, the commission shall consider the following factors:

(a) Projected future growth in the airport service area.

(b) Engineering design of the project.

(d) Financial ability of the sponsor to carry out the project.

(e) Term of the loan.

(2) The commission staff shall advise the sponsor promptly of the results of the feasibility study.

(3) If the project is accepted, the commission staff shall issue a conditional commitment, subject to the approval of the commission. Commission approval shall not be withheld unreasonably.

(4) The commission staff shall forward the following items to the sponsor upon approval of an application by the commission:

(a) Model resolution.

(b) Grant agreement.

History

History: 1979 AC; 1982 AACS.

Mich. Admin. Code R 259.805 Legal opinion of sponsor's loan commitment authority required; loan amount, interest rate, and maturity; principal and interest payments {#sec-r-259.805 omnilex-key=us-mi-regs-official--dept-transportation--R 259.805}

Rule 5. (1) A public sponsor shall execute the required documents and shall provide the aeronautics commission with a legal opinion, rendered by an attorney representing the sponsor, on the legal authority of the sponsor to request and commit to a loan. The attorney's opinion shall be dated after the date shown on the loan application.

(2) A loan shall be made in an amount, at an interest rate, and with a maturity, as provided for by the act.

(3) Payments of principal and interest shall be paid promptly pursuant to covenants of the loan agreement at the Financial Services Division, Michigan Department of Transportation, 425 West Ottawa Street, P.O. Box 30050, Lansing, Michigan 48909.

History

History: 1979 AC; 1982 AACS.

Mich. Admin. Code R 259.806 Airport maintenance required; adherence to amortization schedule required; loan default {#sec-r-259.806 omnilex-key=us-mi-regs-official--dept-transportation--R 259.806}

Rule 6. (1) The airport sponsor shall adhere to the maintenance requirements specified in the loan agreement. These covenants shall be enforced by the aeronautics commission staff.

(2) The airport sponsor shall adhere strictly to the amortization schedule.

(3) A sponsor shall be held in default and shall be required to immediately repay the outstanding loan balance if loan payments are not made on a timely basis or if the airport is not maintained in accordance with loan agreement specifications.

History

History: 1979 AC; 1982 AACS.

Mich. Admin. Code R 259.807 Records and crediting of payments {#sec-r-259.807 omnilex-key=us-mi-regs-official--dept-transportation--R 259.807}

Rule 7. The commission staff shall keep adequate records of loan repayments of principal and interest. Principal and interest payments shall be credited as provided by the act.

History

History: 1979 AC; 1982 AACS.

Bureau of Highway Development Bureau of Highway Development

R 280.1 to R 280.9 Drainage Assessments

Mich. Admin. Code R 280.1 Definitions {#sec-r-280.1 omnilex-key=us-mi-regs-official--dept-transportation--R 280.1}

DEPARTMENT OF TRANSPORTATION

BUREAU OF URBAN AND PUBLIC TRANSPORTATION

DRAINAGE ASSESSMENTS

(By authority conferred on the department of state highways and transportation and the department of agriculture by section 14a of Act No. 51 of the Public Acts of 1951, as added, being S247.664a of the Michigan Compiled Laws)

Rule 1. (1) "Apportionment" means that portion or share of the total cost of a drainage improvement, expressed as a percentage, to be borne by the assessed party by reason of benefits to a state highway or county road.

(2) "Assessment" means the apportionment expressed as a monetary amount.

(3) "County road" means a roadway, including the right-of-way, under the jurisdiction of a county road commission. It includes property contiguous to a roadway owned in fee or easement by the county which is used for highway purposes. It does not include facilities such as garage sites and office buildings that are not contiguous to the highway right-of-way.

(4) "Department" means the Michigan department of highways and transportation.

(5) "Drainage district" means the total area of land contributing storm water runoff to the drain or portion of the drain under consideration.

(6) "Rainfall intensity" means the rate of rainfall in inches per hour.

(7) "Runoff" means that part of the rainfall which drains off the land rather than being absorbed.

(8) "Runoff coefficient" means the ratio of the rate of runoff to the rate of rainfall at an average storm intensity if all the drainage area is contributing.

(9) "State highway" means a roadway, including the right-of-way, under the jurisdiction of the department which is part of a designated system of highways. It includes property contiguous to the highway owned in fee or in easement by the department which is used for highway purposes. It does not include facilities such as garage sites and office buildings that are not contiguous to the highway right-of-way.

History

History: 1979 AC.

Mich. Admin. Code R 280.2 Computation of basic benefits {#sec-r-280.2 omnilex-key=us-mi-regs-official--dept-transportation--R 280.2}

Rule 2. (1) Basic benefits for county roads and state highways shall be computed in direct proportion to the pro rata share of storm water from county roads and state highways within the drainage district to the total design storm water runoff from the drainage district.

(2) Storm water runoff quantities (Q) shall be determined for the drainage district by use of the accepted engineering formula, Q = ciA, this being the product of the runoff coefficient (c), referred to in table I set forth in R 280.9, the rainfall intensity (i), and the area of the drainage district (A). Rainfall intensity is assumed to be of uniform rate throughout the drainage district.

(3) Storm water runoff quantities (Q) for a county road or a state highway shall be determined by using the same method as that used for the entire drainage district.

Computation examples are set forth in R 280.7 and R 280.8.

(4) If the rainfall intensity used in the design of a county road or a state highway drainage facility is not the same as the rainfall intensity used in the design of the enclosed receiving county drain or intercounty drain, the basic benefit computed for the county road or the state highway shall be multiplied by the number which expresses the ratio of the design runoff from the county road or state highway to the design runoff for the receiving county or intercounty drain according to the recurrence interval factors. (See table II set forth in R 280.9.)

History

History: 1979 AC.

Mich. Admin. Code R 280.3 Computation of supplemental benefits {#sec-r-280.3 omnilex-key=us-mi-regs-official--dept-transportation--R 280.3}

Rule 3. (1) Supplemental benefits for county roads and state highways, which shall result from maintenance, improvement, or the installation of facilities, structures, or mechanical devices jointly determined to be necessary by the highway jurisdiction and drain commissioner or drainage board to accommodate or relieve county road drainage or state highway drainage, shall be computed in the direct proportion of the estimated cost or the actual cost, if known, of such maintenance, improvement, facilities, structures, or mechanical devices to the estimated construction cost or the actual construction cost, if known, of the total project.

(2) Supplemental benefits for county roads and state highways, which shall result by reason of special specifications or construction conditions required by county highway authorities and state highway authorities, shall be computed in the direct proportion of the estimated cost or the actual cost, if known, of such special specifications or construction conditions to the estimated construction cost or the actual construction cost, if known, of the total project.

History

History: 1979 AC.

Mich. Admin. Code R 280.4 Apportionments {#sec-r-280.4 omnilex-key=us-mi-regs-official--dept-transportation--R 280.4}

Rule 4. (1) Apportionments to a county for county road benefits and to the department for state highway benefits shall be based on benefits computed and determined under R 280.2 and R 280.3, except that such apportionments shall not include the cost of work performed under R 280.4(2).

(2) The department or a county road commission may enter into agreements with a drain commissioner or drainage board to perform additional work which is not subject to these rules. Cost of work performed under such agreements shall not be included with the assessments to the department or the county road commission.

(3) A county road commission or the department shall be notified of its apportionments pursuant to Act No. 40 of the Public Acts of 1956, as amended, being S280.1 et seq. of the Michigan Compiled Laws.

History

History: 1979 AC.

Mich. Admin. Code R 280.5 Assessments {#sec-r-280.5 omnilex-key=us-mi-regs-official--dept-transportation--R 280.5}

Rule 5. (1) Assessments shall be according to the apportioned ratio of the total cost of a project.

(2) If a project is financed by the sale of bonds, evidence that the bonds shall be sold shall be presented with the apportionment notice.

(3) Fifty percent of the cost of drain assessments against a county for drainage of county roads shall be paid by the county road commission from county road funds.

History

History: 1979 AC.

Mich. Admin. Code R 280.6 Reports {#sec-r-280.6 omnilex-key=us-mi-regs-official--dept-transportation--R 280.6}

Rule 6. Expenditures for county drain assessments shall be reported by each county road commission to the state highway commission. The reports shall be made as of December 31 of each year and shall be submitted by March 1 of the following year.

History

History: 1979 AC.

Mich. Admin. Code R 280.7 Average runoff coefficient; computation examples {#sec-r-280.7 omnilex-key=us-mi-regs-official--dept-transportation--R 280.7}

Rule 7. The following examples demonstrate the desired method of computing the average runoff coefficient (A.R.C.) for cross-sections commonly employed in the construction of county roads and state highways.

(a) Cross-section A--dual roadway:

Figure for 280.7

History

History: 1979 AC.

Rule 8. The computations hereinafter set forth are included to clarify the method by which the pro rata share of runoff for county roads and state highways may be determined.

Formula: Q=ciA Q = runoff c = runoff coefficient i = rainfall intensity A = area Rainfall intensity is assumed to be constant throughout the drainage district, according to R 280.2(2), and since the apportionment is based on the pro rata share of the runoff, the rainfall intensity has been deleted from these computations.

(a) Computation No. 1:

Figure for 280.8 Computation No. 1 (b) Computation No. 2:

Figure for 280.8 Computation No. 2 (c) Utilities, railroads, or streets may also be subtracted from the total entitled "remaining lands," and computed on an equitable "c" factor at the discretion of the assessing authority.

History

History: 1979 AC.

Mich. Admin. Code R 280.9 Tables {#sec-r-280.9 omnilex-key=us-mi-regs-official--dept-transportation--R 280.9}

Rule 9. The tables referred to in these rules are set forth as follows:

Figure for 280.9

History

History: 1979 AC.

Bureau of Urban and Public Transportation Bureau of Urban and Public Transportation

R 460.1461 to R 460.1481 Sanitation And Shelter For Railroad Employees

Mich. Admin. Code R 460.1461 Jurisdiction; discretion; request {#sec-r-460.1461 omnilex-key=us-mi-regs-official--dept-transportation--R 460.1461}

DEPARTMENT OF TRANSPORTATION

BUREAU OF URBAN AND PUBLIC TRANSPORTATION

SANITATION AND SHELTER FOR RAILROAD EMPLOYEES

(By authority of Act No. 419 of the Public Acts of 1919, being S460.51 et seq. of the Michigan Compiled Laws)

Rule 1. Adequate facilities of sanitation and shelter for railroad clerical, platform, freight house and express employees shall be provided by all railroad companies under the jurisdiction of this commission in accordance with the following rules, if in the judgment of the commission after investigation and hearing, if requested, such facilities, or any of them, are necessary for the health and welfare of said railroad employees.

History

History: 1979 AC.

Mich. Admin. Code R 460.1462 Office employees {#sec-r-460.1462 omnilex-key=us-mi-regs-official--dept-transportation--R 460.1462}

Rule 2. Railroad offices such as general offices, freight offices, yard offices, ticket offices and express offices, shall be reasonably clean, heated and ventilated; further, the employer shall provide sufficient toilet facilities for female and male employees in those offices.

History

History: 1979 AC.

Mich. Admin. Code R 460.1463 Employees performing service outdoors {#sec-r-460.1463 omnilex-key=us-mi-regs-official--dept-transportation--R 460.1463}

Rule 3. At locations where change of wearing apparel is required at which yard clerks, car checkers, freight house employees, mail and/or baggage handlers and express employees are employed, lockers will be provided at points where such employees are required to report for duty or are relieved from duty, and where 10 or more are employed, the locker area, which shall be partitioned and adequately heated and lighted, shall consist of not less than 80 square feet of clear floor space for each such 10 employees on duty at any 1 time. Where lockers are not now provided, a sufficient number of metal lockers shall be provided, the inside dimensions of which shall not be less than 72 inches high, 15 inches wide and 18 inches deep, save that, in such locations where larger lockers shall be deemed necessary, they shall be provided as shall be agreed to between the railroad company and its employees. Said lockers shall be equipped on the inside with a top shelf, and not less than 1 clothes hook on each side, a hanger bar, and also sufficient openings in the door for the purpose of ventilation. Tables and benches or chairs, in accordance with the number of employees using the facilities, shall be furnished.

History

History: 1979 AC.

Mich. Admin. Code R 460.1464 General requirements {#sec-r-460.1464 omnilex-key=us-mi-regs-official--dept-transportation--R 460.1464}

Rule 4. The following standards shall apply to facilities of sanitation and shelter furnished for all railroad clerical, platform, freight house and express employees in office and yard service:

(a) Where running water and sewers are reasonably available or where physical conditions and laws, ordinances and public authorities permit the use of septic tanks in lieu of sewers, the employer shall provide hot and cold running water and suitable, adequate and convenient water closet and washing facilities, separate for each sex and plainly designated. Such facilities shall be adequately lighted, ventilated and maintained; every toilet shall be arranged so as to assure privacy in use; and flush toilets shall be provided in accordance with the following minimum requirements.

Number of Persons Number of Toilets 1 to 10 1 11 to 24 2 25 to 49 3 50 to 100 5 100 or over 1 for each additional 25 persons (b) Wherever urinals are provided, 1 urinal may be substituted for 1 toilet provided the number of toilets shall not be reduced to less than 2/3 the number shown in the above table.

(c) All inside toilet facilities shall be made of materials impervious and resistant to moisture, and shall be fitted with individual flush system. In the case of urinals, the water may be allowed to run continuously.

(d) The walls of compartments or partitions between toilet fixtures may be less than room height, but the top shall not be less than 5 feet from the floor and the bottom not more than 1 foot from the floor.

(e) An adequate supply of cool, sanitary water, satisfactory for drinking purposes, shall be made available. The company shall furnish individual drinking cups in all offices or other facilities where drinking fountains or bubblers are not furnished.

(f) During the period of the year in which insects are prevalent, screens will be furnished for the windows and doors.

History

History: 1979 AC.

Mich. Admin. Code R 460.1465 Running facilities {#sec-r-460.1465 omnilex-key=us-mi-regs-official--dept-transportation--R 460.1465}

Rule 5. Baggage and express cars, when occupied by employees coming under the provisions of these rules, while moving in trains, either will have drinking water, toilet and washing facilities, or if not so equipped, will be so arranged in the train that employees required to ride such cars will have access to drinking water, toilet, and washing facilities.

History

History: 1979 AC.

Mich. Admin. Code R 460.1466 Construction and maintenance of outside toilets used by employees {#sec-r-460.1466 omnilex-key=us-mi-regs-official--dept-transportation--R 460.1466}

Rule 6. (1) The commission may, after proper investigation, hearing and order in the matter, permit the installation and maintenance of outside toilet facilities, where it is found otherwise impractical to install inside toilet and urinal facilities.

(2) Where outside toilets are installed and maintained in accordance with the above paragraph, they shall be located on ground that is well drained and where there is no possibility of contaminating any drinking water supply.

(3) Suitable approach, such as concrete, gravel or cinder walk, shall be provided.

(4) All windows, ventilators, and other openings, except doors, shall be screened to prevent the entrance of insects. A separate ventilator duct, with hood, shall be provided for the vault, and shall extend above the roof.

(5) The entire installation must be kept clean and sanitary. Milk of lime (freshly slaked lime) or other equally effective disinfectant shall be used in the vault and in the urinal trough in sufficient quantities and at frequent intervals.

History

History: 1979 AC.

Mich. Admin. Code R 460.1467 Existing facilities; continuance {#sec-r-460.1467 omnilex-key=us-mi-regs-official--dept-transportation--R 460.1467}

Rule 7. Any shelter and sanitary facilities which have been constructed and are presently being maintained in accordance with an agreement heretofore entered into between the parties in interest, and agreed to or ordered by the commission, shall be deemed a complete compliance with these rules, until such time as a specific complaint is filed with the commission claiming that, on account of changes made in the uses of the facilities, such facilities are inadequate; provided nothing herein shall be construed to abrogate or limit any agreement between the interested parties now in effect which provides for better or more adequate facilities, or to prevent the negotiation of such an agreement in the future.

History

History: 1979 AC.

Mich. Admin. Code R 460.1468 Existing facilities; complaint {#sec-r-460.1468 omnilex-key=us-mi-regs-official--dept-transportation--R 460.1468}

Rule 8. In the absence of specific complaint, present facilities shall be deemed adequate. In the event of a complaint filed hereafter in respect of such facilities, and the commission shall find the same inadequate, the railroad company involved shall have a reasonable time in which to complete the work required in the light of the then existing situation, circumstances, and conditions.

History

History: 1979 AC.

Mich. Admin. Code R 460.1469 Hearing {#sec-r-460.1469 omnilex-key=us-mi-regs-official--dept-transportation--R 460.1469}

Rule 9. In the event of any dispute or disagreement between any employee and any employer as to the intent, meaning and interpretation of any or all of the rules hereinabove set forth, the commission reserves unto itself the right to set a hearing thereon, and to issue appropriate order or orders, so as to effectuate and carry out the intent and purpose of said rules.

History

History: 1979 AC.

Mich. Admin. Code R 460.1470 Relief; modification of rules {#sec-r-460.1470 omnilex-key=us-mi-regs-official--dept-transportation--R 460.1470}

Rule 10. Any railroad company being of the opinion that the application or enforcement of these rules, or any part thereof, at any particular place, will be unjust or unreasonable, may apply to the commission for relief therefrom, and the commission may, by written order, relieve said railroad company from the application of these rules, or any part thereof, at such place, or modify the same in such manner and to such extent as shall be just and reasonable.

History

History: 1979 AC.

Mich. Admin. Code R 460.1471 Definitions {#sec-r-460.1471 omnilex-key=us-mi-regs-official--dept-transportation--R 460.1471}

Rule 1. The words and phrases used herein shall be construed as follows, unless the context shall otherwise require:

(a) The term "localized facilities," when used herein, shall mean those facilities of sanitation or shelter for the welfare and health of railroad trainmen, enginemen and yardmen, which facilities are to be maintained at points where employees are required to report for duty or are relieved from duty.

(b) The term "highway crossing shanty," when used herein, shall mean a building at which public highway crossing watchmen are regularly stationed for performance of their duties.

(c) The term "running facilities," when used herein, shall mean those facilities of sanitation or shelter to be maintained on engines, trains or cabooses for the welfare and health of railroad trainmen, enginemen and yardmen.

(d) The term "camp facilities," when used herein, shall mean those facilities of sanitation or shelter for the welfare and health of maintenance of way employees, when such facilities are to be maintained at railroad camps of a permanent or seasonal nature, or are located in movable cars when used for housing maintenance of way employees.

(e) The term "crossing watchmen," when used herein, shall include such employees as are used in the flagging of public highway crossings or in the actual operation of manually controlled gates, public highway crossing signals, or other appurtenances having to do with the protection of such crossings.

(f) The term "section house facilities," when used herein, shall mean the shelter facilities maintained for maintenance of way employees at points where such employees report for duty or are relieved from duty.

History

History: 1979 AC.

Mich. Admin. Code R 460.1472 Localized facilities {#sec-r-460.1472 omnilex-key=us-mi-regs-official--dept-transportation--R 460.1472}

Rule 2. Adequate localized facilities, as defined in R 460.1471(a), consisting, as in each location may be necessary, of the following facilities, installed and maintained as specified, shall be furnished by all railroad companies under the jurisdiction of this commission, if, in the judgment of the commission, such facilities, or any of them, are necessary for the welfare and health of the above-mentioned employees:

(a) There shall be provided a locker room, separate from the toilet room by solid partitions, where the employees may change their clothing. The area of such room shall not be less than 80 square feet of clear floor space for 10 employees, and adequate space to be added for additional employees.

Necessary benches and tables shall be provided.

(b) Where lockers are not now provided, a sufficient number of metal lockers shall be provided, the dimensions of which shall not be less than 72 inches high, 15 inches wide and 18 inches deep, save that, in such locations where larger lockers shall be deemed necessary, they shall be provided as shall be agreed to between the railroad company and its employees. Said lockers shall be equipped on the inside with a top shelf, and not less than 1 clothes hook on each side, a hanger bar, and also sufficient openings in the door for the purpose of ventilation.

(c) Where running water and sewers are reasonably available or where physical conditions and ordinances permit the use of septic tanks in lieu of sewers, hot and cold running water, sufficient wash bowls and shower facilities, and flush toilets in accordance with the following minimum requirements, shall be provided:

Number of Persons Number of Toilets 1 to 10 1 11 to 24 2 25 to 49 3 50 to 100 5 100 or over 1 for each additional 25 persons (d) Wherever urinals are provided, 1 urinal may be substituted for 1 toilet, provided the number of toilets shall not be reduced to less than 2/3 the number shown in the above table.

(e) If practical, every toilet room shall be so located as to open to the outside light and air by windows or skylights.

(f) All inside toilet facilities shall be made of materials impervious and resistant to moisture, and shall be fitted with individual flush systems. In case of urinals, the water may be allowed to run continuously.

(g) The walls of compartments or partitions between toilet fixtures may be less than room height, but the top shall not be less than 5 feet from the floor and the bottom not more than 1 foot from the floor.

(h) An adequate supply of cool, sanitary water, satisfactory for drinking purposes, shall be made available to all employees. Where necessary, this water shall be provided in suitable sanitary containers, conveniently placed for the use of the above-mentioned employees, and each container will be equipped with a faucet or other dispenser. The company shall furnish individual drinking cups.

(i) Locker and toilet rooms shall be adequately heated, ventilated, lighted, and provided with screens, and said facilities shall be kept reasonably clean by the employer.

History

History: 1979 AC.

Mich. Admin. Code R 460.1473 Running facilities {#sec-r-460.1473 omnilex-key=us-mi-regs-official--dept-transportation--R 460.1473}

Rule 3. (1) Adequate toilet facilities shall be made available for trainmen, enginemen and yardmen, after hearing thereon and order by the commission, which toilet facilities shall be kept in a reasonably clean and sanitary condition.

(2) All yard diesels shall have the floors cleaned and the windows washed at reasonable intervals.

(3) All cabooses shall have the interior washed once each year. Road cabooses used on trains handling ore in open top equipment, and all yard and transfer cabooses, shall have the floors scrubbed or mopped once each month. Other road cabooses on any run shall have the floors scrubbed or mopped once each month, if the crew using same request it. Windows on all cabooses shall be washed once a month, except in freezing weather.

(4) When required by the season of the year, doors and windows of cabooses shall be equipped with adequate metal stripping. Similarly, when required by the season of the year, cabooses shall be equipped with screen doors or screen panels, and windows on each side of each caboose shall be screened. Sliding screen windows, however, shall be deemed adequate.

(5) An adequate supply of cool, sanitary water, satisfactory for drinking purposes, shall be made available for the use of trainmen, enginemen and yardmen.

Suitable sanitary containers, equipped with a faucet or other dispenser, shall be maintained on cabooses and locomotives, and individual drinking cups shall be furnished by the company.

(6) Every caboose used in any train in this state, regardless of service, shall be provided with a stove or other adequate means of heating. A sufficient amount of fuel for the trip or shift shall be made available.

(7) Baggage and express cars, when occupied by employees coming under the provisions of this act, will be so arranged in the train that employees required to ride such cars will have access to the drinking water, toilet and washing facilities provided in a coach in said train; and, if it is found impractical to so arrange said cars in the train, then drinking water, toilet and washing facilities must be furnished for the employees riding said cars upon formal order of and by the commission.

History

History: 1944 ACS 18; 1954 AC; 1954 ACS 1, Eff. Mar. 18, 1955; 1979 AC.

Mich. Admin. Code R 460.1474 Crossing watchmen facilities {#sec-r-460.1474 omnilex-key=us-mi-regs-official--dept-transportation--R 460.1474}

Rule 4. (1) Adequate shelter shall be furnished for crossing watchmen, and said shelter shall be properly sealed and insulated against cold, and heated.

(2) If, in the judgment of the commission, it is practical, toilet and washing facilities will be furnished as the commission may require, after inspection and agreement or hearing in the matter.

History

History: 1979 AC.

Mich. Admin. Code R 460.1475 Camp facilities {#sec-r-460.1475 omnilex-key=us-mi-regs-official--dept-transportation--R 460.1475}

Rule 5. (1) When employees are furnished meals in camp cars, as hereinbefore defined, adequate sanitary facilities and space shall be provided.

(2) Where cars, other than passenger coaches, are furnished for sleeping quarters, cars shall not house over 10 men each. Where passenger coaches are furnished, the commission may designate the number of men to be housed in each coach.

(3) All camp cars will be properly heated, ventilated, sealed and lighted, and, during the period of the year in which insects are prevalent, the doors and windows will be screened.

(4) All extra and permanent gangs will be furnished with shower car, with running hot and cold water. Adequate toilet facilities will be furnished for all employees.

(5) Camp man or janitor will be furnished for all gangs over 20 men for the purpose of keeping the cars and grounds in a clean and sanitary manner.

(6) When extra and permanent gangs are furnished with kitchen car or cars, the same shall be well equipped with adequate kitchen facilities. Such kitchen cars shall be maintained in a clean and sanitary condition.

History

History: 1979 AC.

Mich. Admin. Code R 460.1476 Section houses {#sec-r-460.1476 omnilex-key=us-mi-regs-official--dept-transportation--R 460.1476}

Rule 6. Adequate shelter facilities, located in section houses or other suitable buildings, consisting, as in the individual case may be necessary, of the following appliances, installed and maintained as specified, shall be furnished by all railroad companies under the jurisdiction of this commission for regularly assigned maintenance of way employees, at points where such employees are required to report for duty or are relieved from duty, as, in the judgment of the commission, after investigation, and hearing, if requested, such facilities, or any of them, are necessary for the welfare and health of the above-mentioned employees:

(a) There shall be provided space, adequate for the number of employees using said facilities, where employees may change their clothing, furnished with tables and benches or chairs, in accordance with the number of employees using the facilities.

Where lockers are not now provided, and the same are requested by the employees using the individual facility, a sufficient number of metal lockers shall be provided to meet the requirements of said employees.

(b) During the period of the year in which insects are prevalent, screens will be furnished for the windows and doors.

(d) Where running water and sewerage facilities are reasonably available, flush toilets and washing facilities will be provided. Otherwise, an outside toilet will be furnished and maintained in accordance with the provisions of R 460.1477; provided, however, the provisions of this subdivision shall not be applicable where toilets and washing facilities are otherwise made reasonably available for maintenance of way employees.

(e) If necessary, a sufficient supply of running or well water will be made reasonably available, and individual drinking cups will be furnished.

History

History: 1979 AC.

Mich. Admin. Code R 460.1477 Construction and maintenance of outside toilets when used by employees coming under the provisions of this act {#sec-r-460.1477 omnilex-key=us-mi-regs-official--dept-transportation--R 460.1477}

Rule 7. (1) The commission may, after proper investigation, hearing and order in the matter, permit the installation and maintenance of outside toilet facilities, where it is found otherwise impractical to install inside toilets and urinal facilities.

(2) Where outside toilets are installed and maintained in accordance with the above paragraph, they shall be located on ground that is well drained, and where there is no possibility of contaminating any drinking water supply.

(3) Suitable approach, such as concrete, gravel, or cinder walk, shall be provided.

(5) The entire installation must be kept clean and sanitary. Milk of lime (freshly slaked lime), or other equally effective disinfectant, shall be used in the vault and in the urinal trough, in sufficient quantities and at frequent intervals. The floors, seats and urinals must be scrubbed as often as necessary.

History

History: 1979 AC.

Mich. Admin. Code R 460.1478 Compliance {#sec-r-460.1478 omnilex-key=us-mi-regs-official--dept-transportation--R 460.1478}

Rule 8. Any shelter and sanitary facilities which have been constructed and are presently being maintained in accordance with an agreement heretofore entered into between the parties in interest, and agreed to or ordered by the commission, shall be deemed a complete compliance with these rules, until such time as a specific complaint is filed with the commission claiming that, on account of changes made in the uses of the facilities, such facilities are inadequate; provided nothing herein shall be construed to abrogate or limit any agreement between the interested parties now in effect which provides for better or more adequate facilities, or to prevent the negotiation of such an agreement in the future.

History

History: 1979 AC.

Mich. Admin. Code R 460.1479 Application for relief from order {#sec-r-460.1479 omnilex-key=us-mi-regs-official--dept-transportation--R 460.1479}

Rule 9. Any railroad company being of the opinion that the application or enforcement of this order, or any part thereof, at any particular place, will be unjust or unreasonable, may apply to the commission for relief therefrom, and the commission may, by written order, relieve said railroad company from the application of this order, or any part thereof, at such place, or modify the same in such manner and to such extent as shall be just and reasonable.

History

History: 1979 AC.

Mich. Admin. Code R 460.1480 Adequacy of present facilities {#sec-r-460.1480 omnilex-key=us-mi-regs-official--dept-transportation--R 460.1480}

Rule 10. In the absence of specific complaint, present facilities shall be deemed adequate. In the event of a complaint filed hereafter in respect of such facilities, and the commission shall find the same inadequate, the railroad company involved shall have a reasonable time in which to complete the work required in the light of the then existing situation, circumstances and conditions.

History

History: 1979 AC.

Mich. Admin. Code R 460.1481 Intent and purpose of rules {#sec-r-460.1481 omnilex-key=us-mi-regs-official--dept-transportation--R 460.1481}

Rule 11. In the event of any dispute or disagreement between any employee and any employer as to the intent, meaning and interpretation of any or all of the rules hereinabove set forth, the commission reserves unto itself the right to set a hearing thereon, and to issue appropriate order or orders, so as to effectuate and carry out the intent and purpose of said rules.

History

History: 1979 AC.

R 474.1 to R 474.7 Motor Bus Transportation Rules

Mich. Admin. Code R 474.1 Definitions {#sec-r-474.1 omnilex-key=us-mi-regs-official--dept-transportation--R 474.1}

DEPARTMENT OF TRANSPORTATION

BUREAU OF URBAN AND PUBLIC TRANSPORTATION

MOTOR BUS TRANSPORTATION

(By authority conferred on the department of transportation by section 39 of motor bus transportation act, 1982 PA432, MCL 474.139.

Rule 1. As used in these rules:

“Act” means motor bus transportation act, 1982 PA 432, mcc 474.101 to 474.141.

“Bus” includes private owned school bus. School buses owned and operated by public school systems are not eligible for an authority under the act and the pupil transportation act, 1990 PA 187, MCL 257.1801 to 257.1877.

“MDOT” means the Michigan department of transportation.

“Remuneration” means the compensation that a carrier receives in exchange for the work or services performed, including both cash and non-cash payments received directly or indirectly.

“Renewal period” means the period from January 1 to the last day of February each year.

History

History: 2019 AACS.

Mich. Admin. Code R 474.2 Applicability {#sec-r-474.2 omnilex-key=us-mi-regs-official--dept-transportation--R 474.2}

Rule 2. Carriers based outside this state and registered with the United States Department of Transportation that use vehicles in interstate regular route service or interstate charter service, that begin and end outside of this state, are exempted from the act, unless required by MDOT as a condition of financial assistance. Carriers operating intrastate regular route or charter service offering trip origins within this state shall comply with the requirements of the act.

History

History: 2019 AACS.

Mich. Admin. Code R 474.3 Applications; information to be submitted; determination {#sec-r-474.3 omnilex-key=us-mi-regs-official--dept-transportation--R 474.3}

Rule 3.

An applicant shall submit all items requested in the application, as required by MDOT.

The applicant shall send the information specified in the act, and in these rules, to MDOT via electronic means or by mail to the address listed on the application.

To determine if a carrier is “fit, willing, and able” as required by the act, MDOT shall consider if a carrier has completed the application process as specified in the act and if the carrier has a history of violating the act.

History

History: 2019 AACS.

Mich. Admin. Code R 474.4 Cancellation of insurance; notification {#sec-r-474.4 omnilex-key=us-mi-regs-official--dept-transportation--R 474.4}

Rule 4. An alternate method of notifying MDOT of the cancellation of insurance may be requested by MDOT in lieu of granting of notifications rights to MDOT.

History

History: 2019 AACS.

Mich. Admin. Code R 474.5 Inspections {#sec-r-474.5 omnilex-key=us-mi-regs-official--dept-transportation--R 474.5}

Rule 5.

Each vehicle listed under a certificate of authority shall be inspected annually, within 12 months of the previous inspection, or more frequently, to determine the character of the vehicle.

Inspections expire the first day of the month following that 12-month period.

The inspection shall follow the federal motor vehicle safety regulations and motor carrier safety standards, except where MDOT determines there is a clear and convincing need to exceed the federal standards.

MDOT may determine the date, time, and location of the inspection based on the inspector’s schedule and availability of a safe inspection location. A carrier shall make its vehicles available at MDOT’s requested time and location.

A carrier shall contact MDOT and ensure its inspection is scheduled prior to the expiration of the previous inspection. Inspections that are not conducted prior to expiration may result in late fees to be paid by the carrier.

It is the responsibility of the carrier to provide a safe inspection location.

MDOT shall offer an inspection date that is within 15 business days from the carrier’s initial contact for an inspection.

An inspector may cancel an inspection if, for any reason, the inspector determines performing the inspection would put the inspector in an unsafe situation. The cancellation may result in late inspection fees.

Upon successful completion of an inspection, a decal designated by MDOT shall be affixed on the driver’s side of the vehicle in the immediate area of the driver’s window.

A vehicle that does not pass its inspection, which is not placed out-of-service by the MDOT inspector under the act, has until the prior inspection expires to make repairs and pass its inspection before its vehicle becomes unauthorized.

The MDOT inspector may place a vehicle in an out-of-service status when found in violation of safety issues as described in the Commercial Vehicle Safety Alliance out-of-service criteria.

The vehicle is not authorized for passenger-for-hire service, under the act, until the vehicle is returned to an authorized status by MDOT.

History

History: 2019 AACS.

Mich. Admin. Code R 474.6 Fees as nonrefundable {#sec-r-474.6 omnilex-key=us-mi-regs-official--dept-transportation--R 474.6}

Rule 6. A vehicle registration fee is nonrefundable when the vehicle is entered into the MDOT database.

History

History: 2019 AACS.

Mich. Admin. Code R 474.7 Alteration, suspension, or revocation of certificate of authority {#sec-r-474.7 omnilex-key=us-mi-regs-official--dept-transportation--R 474.7}

Rule 7. An applicant applying for a new or reinstated authority that is determined by MDOT to have been associated with a previously suspended or revoked carrier will have that carrier’s previous service record, vehicle condition, and history included in the determination of the applicant’s eligibility and ability to meet the requirements of the act.

History

History: 2019 AACS.

Bureau of Highway Development Bureau of Highway Development

R 560.201 to R 560.205 Subdivisions of Land

Mich. Admin. Code R 560.201 Submittal to state highway department {#sec-r-560.201 omnilex-key=us-mi-regs-official--dept-transportation--R 560.201}

DEPARTMENT OF TRANSPORTATION

BUREAU OF HIGHWAY TECHNICAL SERVICES

SUBDIVISIONS OF LAND

(By authority conferred on the departments of treasury, transportation, natural resources, and public health by section 105 of Act No. 288 of the Public Acts of 1967, as amended, and Executive Reorganization Order Nos. 1973-2 and 1973-2a, being SS560.105 and 299.11 of the Michigan Compiled Laws. Each part of these rules is promulgated separately by the department whose name appears in the designation of that part.)

PART 2. DEPARTMENT OF TRANSPORTATION

Rule 201. A preliminary plat shall be submitted to the department of state highways when the proposed subdivision would do any of the following:

(a) Abut a state trunk line highway.

(b) Include proposed roads, streets or alleys any portion of which are located within state trunk line right-of-way or include roads, streets or alleys not now established as a public use that connect directly to a state trunk line highway.

(c) Include a portion of the proposed subdivision within the area shown by the plan on file to be required for the expansion of an existing state trunk line highway.

(d) Alter the existing drainage of a state trunk line highway.

History

History: 1979 AC.

Mich. Admin. Code R 560.202 Streets, roads, and alleys {#sec-r-560.202 omnilex-key=us-mi-regs-official--dept-transportation--R 560.202}

Rule 202. (1) To protect the safety of the motoring public, subdivision streets, roads and alleys that connect to a state trunk line highway shall conform to the requirements and minimum standards in the department of state highways' manual entitled "Standard Specifications for Road and Bridge Construction" and current standard plans and standard guides. These requirements will be revised as necessary with the most recent dated sheets being applicable.

(2) Before approving a final plat and when construction of connecting streets is completed and the department has received written notice thereof, the department within 20 days shall inspect the construction and either approve or disapprove it giving written reasons in case of disapproval. In lieu of such construction, the department shall accept a certified check, irrevocable bank letter of credit or a surety bond acceptable to the department, whichever the proprietor selects.

History

History: 1979 AC.

Mich. Admin. Code R 560.203 Future rights-of-way {#sec-r-560.203 omnilex-key=us-mi-regs-official--dept-transportation--R 560.203}

Rule 203. (1) To provide for expansion and improvement of state trunk line highways, when a plat abuts a state trunk line highway or any portion of the plat is within the area shown by the plan on file to be required for expansion of an existing state trunk line highway, it shall conform to the plan on file.

(2) The plan on file may be periodically revised in accordance with determined long-range trunk line highway needs.

(3) When a plan abuts a state trunk line limited access highway, it shall include a notation that no access to or from the highway is permitted.

(4) When the future right-of-way required, as shown by the plan on file, is greater than the existing right-of-way it shall be dedicated to the public use and so designated on the plat. (See figure 1.) **** See Figure 1 in attached file labeled "Figures" ****

History

History: 1979 AC.

Mich. Admin. Code R 560.204 Drainage {#sec-r-560.204 omnilex-key=us-mi-regs-official--dept-transportation--R 560.204}

Rule 204. (1) When a proposed plat would alter the existing drainage of a state trunk line highway, the department of state highways shall request in conjunction with the preliminary plat submittal, sufficient information to determine in what way the highway drainage would be affected and shall inform the proprietor, in writing, of the drainage requirements. Final plat approval shall be conditioned upon meeting these requirements. The drainage requirements shall be based upon the department of state highways' drainage policy and guide. These requirements will be revised as necessary with the most recent dated sheets being applicable.

(2) Before approving a final plat and when construction of drainage facilities is completed and the department has received written notice thereof, the department within 20 days shall inspect the construction and either approve or disapprove it giving written reasons in case of disapproval. In lieu of such construction, the department shall accept a certified check, irrevocable bank letter of credit, or a surety bond acceptable to the department, whichever the proprietor selects.

History

History: 1979 AC.

Mich. Admin. Code R 560.205 Availability of manuals, plans, and policies {#sec-r-560.205 omnilex-key=us-mi-regs-official--dept-transportation--R 560.205}

Rule 205. The documents and material identified as the plan on file, standard specifications for road and bridge construction manual, standard plans and standard guides, and the drainage policy and guide shall be available at the department of state highways' main office and district offices.

History

History: 1979 AC.