NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT
Act 451 of 1994
324.30302 Legislative findings; criteria to be considered in administration of part.
Sec. 30302.
(1) The legislature finds that:
(a) Wetland conservation is a matter of state concern since a wetland of 1 county may be affected by acts on a river, lake, stream, or wetland of other counties.
(b) A loss of a wetland may deprive the people of the state of some or all of the following benefits to be derived from the wetland:
(i) Flood and storm control by the hydrologic absorption and storage capacity of the wetland.
(ii) Wildlife habitat by providing breeding, nesting, and feeding grounds and cover for many forms of wildlife, waterfowl, including migratory waterfowl, and rare, threatened, or endangered wildlife species.
(iii) Protection of subsurface water resources and provision of valuable watersheds and recharging ground water supplies.
(iv) Pollution treatment by serving as a biological and chemical oxidation basin.
(v) Erosion control by serving as a sedimentation area and filtering basin, absorbing silt and organic matter.
(vi) Sources of nutrients in water food cycles and nursery grounds and sanctuaries for fish.
(c) Wetlands are valuable as an agricultural resource for the production of food and fiber, including certain crops which may only be grown on sites developed from wetland.
(d) That the extraction and processing of nonfuel minerals may necessitate the use of wetland, if it is determined pursuant to section 30311 that the proposed activity is dependent upon being located in the wetland and that a prudent and feasible alternative does not exist.
(2) In the administration of this part, the department shall consider the criteria provided in subsection (1).
History: Add. 1995, Act 59, Imd. Eff. May 24, 1995
Compiler's Notes:
For transfer of authority, powers, duties, functions, and responsibilities of the Land and Water Management Division, with the exception of the farmland and open space preservation program, natural rivers program, and Michigan information resource inventory system, to the Director of the Michigan Department of Environmental Quality, see E.R.O. No. 1995-16, compiled at MCL 324.99901 of the Michigan Compiled Laws.
PopularName Notes:
Act 451
PopularName Notes:
NREPA
PopularName Notes:
Wetland Protection Act
Notes of Decisions
K & K Const. Inc. v. Deq, 705 N.W.2d 365 (Mich. Ct. App. 2005).
· cites it 3× “§ 324.30302. Moreover, the Michigan Constitution provides that "[t]he legislature shall provide for the protection of the air, water and other natural resources of this state.”
K & K Constr., Inc. v. Dep't of Env't Quality, 267 Mich. App. 523 (Mich. Ct. App. 2005).
· cites it 3× “MCL 324.30302. Moreover, the Michigan Constitution provides that “[t]he legislature shall provide for the protection of the air, water and other natural resources of this state .”
Dep't of Env't Quality v. Morley, 885 N.W.2d 892 (Mich. Ct. App. 2015).
“Part 303 applies throughout the state for the benefit of everyone, MCL 324.30302(1), and there is no evidence that defendant was singled out to bear the burden of the public’s interest in wetlands, Schmude Oil, Inc, 306 Mich App at 53 .”
Huggett v. Dep't of Nat. Resources, 590 N.W.2d 747 (Mich. Ct. App. 1999).
· cites it 2× “§ 324.30302(1)(c); MSA 13A.30302(1)(c), to permit and facilitate operation of a commercial cranberry-growing facility in a wetland area, I agree that the farming exception to the permit requirement, M.”
Dep't of Env't Quality v. Hernan F Gomez (Mich. Ct. App. 2016).
“” The statute to which the court was referring is MCL 324.30302, which sets forth the Legislature’s findings regarding wetland benefits.”
Gregory D Groninger v. Dep't of Env't Quality (Mich. Ct. App. 2015).
“If a permit were required for filling or other activity related to driveway construction, plaintiffs Groninger could show a particularized injury sufficient to confer standing, but the permitting process is not a “substantial impairment” of plaintiffs’ ownership interest, which…”
— Mich. Comp. Laws § 324.30302(1) — 2 cases
Dep't of Env't Quality v. Morley, 885 N.W.2d 892 (Mich. Ct. App. 2015).
“Part 303 applies throughout the state for the benefit of everyone, MCL 324.30302(1), and there is no evidence that defendant was singled out to bear the burden of the public’s interest in wetlands, Schmude Oil, Inc, 306 Mich App at 53 .”
Gregory D Groninger v. Dep't of Env't Quality (Mich. Ct. App. 2015).
“If a permit were required for filling or other activity related to driveway construction, plaintiffs Groninger could show a particularized injury sufficient to confer standing, but the permitting process is not a “substantial impairment” of plaintiffs’ ownership interest, which…”
— Mich. Comp. Laws § 324.30302(1)(a) — 2 cases
K & K Const. Inc. v. Deq, 705 N.W.2d 365 (Mich. Ct. App. 2005).
“§ 324.30302. Moreover, the Michigan Constitution provides that "[t]he legislature shall provide for the protection of the air, water and other natural resources of this state.”
K & K Constr., Inc. v. Dep't of Env't Quality, 267 Mich. App. 523 (Mich. Ct. App. 2005).
“MCL 324.30302. Moreover, the Michigan Constitution provides that “[t]he legislature shall provide for the protection of the air, water and other natural resources of this state .”
— Mich. Comp. Laws § 324.30302(1)(b) — 2 cases
K & K Const. Inc. v. Deq, 705 N.W.2d 365 (Mich. Ct. App. 2005).
“§ 324.30302. Moreover, the Michigan Constitution provides that "[t]he legislature shall provide for the protection of the air, water and other natural resources of this state.”
K & K Constr., Inc. v. Dep't of Env't Quality, 267 Mich. App. 523 (Mich. Ct. App. 2005).
“MCL 324.30302. Moreover, the Michigan Constitution provides that “[t]he legislature shall provide for the protection of the air, water and other natural resources of this state .”
— Mich. Comp. Laws § 324.30302(1)(c) — 1 case
Huggett v. Dep't of Nat. Resources, 590 N.W.2d 747 (Mich. Ct. App. 1999).
“§ 324.30302(1)(c); MSA 13A.30302(1)(c), to permit and facilitate operation of a commercial cranberry-growing facility in a wetland area, I agree that the farming exception to the permit requirement, M.”
— Mich. Comp. Laws § 324.30302(l)(c) — 1 case
Huggett v. Dep't of Nat. Resources, 590 N.W.2d 747 (Mich. Ct. App. 1999).
“§ 324.30302(1)(c); MSA 13A.30302(1)(c), to permit and facilitate operation of a commercial cranberry-growing facility in a wetland area, I agree that the farming exception to the permit requirement, M.”
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