Mich. Comp. Laws » Michigan Compiled Laws / Chapter 324 / Act 451 of 1994
Michigan Compiled Laws

Mich. Comp. Laws § 324.30707 (2026)

Hearing; notice; service; powers and duties of court.

✓ current as of July 2026
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NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT


Act 451 of 1994


324.30707 Hearing; notice; service; powers and duties of court.

Sec. 30707.

    (1) Upon filing of a civil action under this part, the court shall set a day for a hearing. The prosecuting attorney or other legal counsel of the county or counties or the department shall give notice of the hearing by publication in 1 or more newspapers of general circulation in the county and, if the waters of the inland lake are situated in 2 or more counties, in 1 or more newspapers of general circulation in each of the counties in which the inland lake is located. The notice shall be published at least once each week for 3 successive weeks before the date set for the hearing.

    (2) The commissioner shall serve a copy of the published notice of hearing by first-class mail at least 3 weeks prior to the date set for the hearing to each person whose name appears upon the latest city or township tax assessment roll as owning land within a tentative special assessment district at the address shown on the roll; to the governing body of each political subdivision of the state in which the lake is located; and to the governing body of each affected political subdivision of the state. If an address does not appear on the roll, then a notice need not be mailed to the person. The commissioner shall make an affidavit of mailing. The failure to receive a notice properly mailed shall not constitute a jurisdictional defect invalidating proceedings under this part.

    (3) The prosecuting attorney or the legal counsel of the county shall serve notice on the department at least 21 days prior to the date of the hearing.

    (4) In a determination of the normal level of an inland lake, the court shall consider all of the following:

    (a) Past lake level records, including the ordinary high-water mark and seasonal fluctuations.

    (b) The location of septic tanks, drain fields, sea walls, docks, and other pertinent physical features.

    (c) Government surveys and reports.

    (d) The hydrology of the watershed.

    (e) Downstream flow requirements and impacts on downstream riparians.

    (f) Fisheries and wildlife habitat protection and enhancement.

    (g) Upstream drainage.

    (h) Rights of riparians.

    (i) Testimony and evidence offered by all interested persons.

    (j) Other pertinent facts and circumstances.

    (5) The court shall determine the normal level to be established and maintained, shall have continuing jurisdiction, and may provide for departure from the normal level as necessary to accomplish the purposes of this part. The court shall confirm the special assessment district boundaries within 60 days following the lake level determination. The court may determine that the normal level shall vary seasonally.

History: Add. 1995, Act 59, Imd. Eff. May 24, 1995

PopularName Notes:

Act 451

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NREPA
Notes of Decisions
Cited in 8 cases (5 in the last 5 years), 2002–2026 · leading case: Glen Lake-Crystal River Watershed Riparians v. Glen Lake Ass'n, 695 N.W.2d 508 (Mich. Ct. App. 2005).
Sort: Relevance Newest Treatment
Glen Lake-Crystal River Watershed Riparians v. Glen Lake Ass'n, 695 N.W.2d 508 (Mich. Ct. App. 2005). · cites it 9× “MCL 324.30707(4). Having reviewed this evidence, the Court finds that the [ILLP] and Wortelboer contemplate that more than one lake level may be established.”
Yee v. Shiawassee Cnty. Bd. of Commissioners, 651 N.W.2d 756 (Mich. Ct. App. 2002). · cites it 3× “38 MCL 324.30707(1). 39 See MCL 324.30707(4).”
VanWulfen v. Montmorency Cnty., 345 F. Supp. 2d 730 (E.D. Mich. 2004). · cites it 5× “Mich. Comp. Laws § 324.30707 (1). The court then conducts a hearing and considers a variety of factors and evidence, including the testimony of interested persons, and then “determine[s] the normal level to be established and maintained.”
In Re Higgins Lake (Mich. Ct. App. 2025). · cites it 20× “” -2- “landowners within the final recommended special assessment district boundaries will be notified of the hearing as required” under MCL 324.30707. The circuit court scheduled a hearing on September 15, 2023, “to receive evidence for establishing and confirming the…”
Joe Bruneau v. Mich. Dep't of Env't, 104 F.4th 972 (6th Cir. 2024). “Mich. Comp. Laws Ann. § 324.30707 (4) (West 1995).”
Semack v. Roscommon, Cnty. of (E.D. Mich. 2025). · cites it 5× “Mich. Comp. Laws § 324.30702 (1). The determination of a Normal Level is made by a state court, which sets a hearing.”
Citizens for Higgins Lake Legal Levels v. Roscommon Bd of Comm'rs (Mich. Ct. App. 2022). · cites it 3× “* * * IT IS FURTHER ORDERED AND ADJUDGED that, in adjusting the lake levels as herein provided, the person or persons responsible for such operations shall make every reasonable effort to take into consideration stream flows into the lake and projected snow melt runoff within…”
Gregory Semack v. Roscommon Cnty., Mich. (6th Cir. 2026). “Mich. Comp. Laws § 324.30707 (4). If a court-determined Normal Level is established, the county (or its delegated authority) must maintain that level.”
— Mich. Comp. Laws § 324.30707(1) — 3 cases
Yee v. Shiawassee Cnty. Bd. of Commissioners, 651 N.W.2d 756 (Mich. Ct. App. 2002). “38 MCL 324.30707(1). 39 See MCL 324.30707(4).”
In Re Higgins Lake (Mich. Ct. App. 2025). “” -2- “landowners within the final recommended special assessment district boundaries will be notified of the hearing as required” under MCL 324.30707. The circuit court scheduled a hearing on September 15, 2023, “to receive evidence for establishing and confirming the…”
Semack v. Roscommon, Cnty. of (E.D. Mich. 2025). “Mich. Comp. Laws § 324.30702 (1). The determination of a Normal Level is made by a state court, which sets a hearing.”
— Mich. Comp. Laws § 324.30707(2) — 1 case
In Re Higgins Lake (Mich. Ct. App. 2025). “” -2- “landowners within the final recommended special assessment district boundaries will be notified of the hearing as required” under MCL 324.30707. The circuit court scheduled a hearing on September 15, 2023, “to receive evidence for establishing and confirming the…”
— Mich. Comp. Laws § 324.30707(4) — 3 cases
Glen Lake-Crystal River Watershed Riparians v. Glen Lake Ass'n, 695 N.W.2d 508 (Mich. Ct. App. 2005). “MCL 324.30707(4). Having reviewed this evidence, the Court finds that the [ILLP] and Wortelboer contemplate that more than one lake level may be established.”
Yee v. Shiawassee Cnty. Bd. of Commissioners, 651 N.W.2d 756 (Mich. Ct. App. 2002). “38 MCL 324.30707(1). 39 See MCL 324.30707(4).”
VanWulfen v. Montmorency Cnty., 345 F. Supp. 2d 730 (E.D. Mich. 2004). “Mich. Comp. Laws § 324.30707 (1). The court then conducts a hearing and considers a variety of factors and evidence, including the testimony of interested persons, and then “determine[s] the normal level to be established and maintained.”
— Mich. Comp. Laws § 324.30707(4)(a) — 1 case
In Re Higgins Lake (Mich. Ct. App. 2025). “” -2- “landowners within the final recommended special assessment district boundaries will be notified of the hearing as required” under MCL 324.30707. The circuit court scheduled a hearing on September 15, 2023, “to receive evidence for establishing and confirming the…”
— Mich. Comp. Laws § 324.30707(4)(i) — 1 case
Glen Lake-Crystal River Watershed Riparians v. Glen Lake Ass'n, 695 N.W.2d 508 (Mich. Ct. App. 2005). “MCL 324.30707(4). Having reviewed this evidence, the Court finds that the [ILLP] and Wortelboer contemplate that more than one lake level may be established.”
— Mich. Comp. Laws § 324.30707(5) — 4 cases
Glen Lake-Crystal River Watershed Riparians v. Glen Lake Ass'n, 695 N.W.2d 508 (Mich. Ct. App. 2005). “MCL 324.30707(4). Having reviewed this evidence, the Court finds that the [ILLP] and Wortelboer contemplate that more than one lake level may be established.”
Yee v. Shiawassee Cnty. Bd. of Commissioners, 651 N.W.2d 756 (Mich. Ct. App. 2002). “38 MCL 324.30707(1). 39 See MCL 324.30707(4).”
In Re Higgins Lake (Mich. Ct. App. 2025). “” -2- “landowners within the final recommended special assessment district boundaries will be notified of the hearing as required” under MCL 324.30707. The circuit court scheduled a hearing on September 15, 2023, “to receive evidence for establishing and confirming the…”
Citizens for Higgins Lake Legal Levels v. Roscommon Bd of Comm'rs (Mich. Ct. App. 2022). “* * * IT IS FURTHER ORDERED AND ADJUDGED that, in adjusting the lake levels as herein provided, the person or persons responsible for such operations shall make every reasonable effort to take into consideration stream flows into the lake and projected snow melt runoff within…”
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