NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT
Act 451 of 1994
324.35301 Definitions.
Sec. 35301.
As used in this part:
(a) "Contour change" includes any grading, filling, digging, or excavating that significantly alters the physical characteristic of a critical dune area, except that which is involved in sand dune mining as defined in part 637.
(b) "Crest" means the line at which the first lakeward facing slope of a critical dune ridge breaks to a slope of less than 1-foot vertical rise in a 5-1/2-foot horizontal plane for a distance of at least 20 feet, if the areal extent where this break occurs is greater than 1/10 acre in size.
(c) "Critical dune area" means a geographic area designated in the "atlas of critical dune areas" dated February 1989 that was prepared by the department of natural resources.
(d) "Department" means the department of environmental quality.
(e) "Foredune" means 1 or more low linear dune ridges that are parallel and adjacent to the shoreline of a Great Lake and are rarely greater than 20 feet in height. The lakeward face of a foredune is often gently sloping and may be vegetated with dune grasses and low shrub vegetation or may have an exposed sand face.
(f) "Model zoning plan" means the model zoning plan provided for in sections 35304 to 35309 and 35311a to 35324.
(g) "Permit" means a permit for a use within a critical dune area under this part.
(h) "Planning commission" means the body or entity within a local government that is responsible for zoning and land use planning for the local unit of government.
(i) "Restabilization" means restoration of the natural contours of a critical dune to the extent practicable, the restoration of the protective vegetative cover of a critical dune through the establishment of indigenous vegetation, and the placement of snow fencing or other temporary sand trapping measures for the purpose of preventing erosion, drifting, and slumping of sand.
(j) "Special use project" means any of the following:
(i) A proposed use in a critical dune area for an industrial or commercial purpose regardless of the size of the site.
(ii) A multifamily use of more than 3 acres.
(iii) A multifamily use of 3 acres or less if the density of use is greater than 4 individual residences per acre.
(iv) A proposed use in a critical dune area, regardless of size of the use, that the planning commission, or the department if a local unit of government does not have an approved zoning ordinance, determines would damage or destroy features of archaeological or historical significance.
(k) "Use" means a developmental, silvicultural, or recreational activity done or caused to be done by a person that significantly alters the physical characteristic of a critical dune area or a contour change done or caused to be done by a person. Use does not include sand dune mining as defined in part 637.
(l) "Zoning ordinance" means an ordinance of a local unit of government that regulates the development of critical dune areas within the local unit of government pursuant to the requirements of this part.
History: Add. 1995, Act 59, Imd. Eff. May 24, 1995 ;-- Am. 1995, Act 262, Imd. Eff. Jan. 8, 1996 ;-- Am. 2012, Act 297, Imd. Eff. Aug. 7, 2012
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
Notes of Decisions
Preserve the Dunes, Inc v. Dep't of Env't Quality, 684 N.W.2d 847 (Mich. 2004).
· cites it 6× “That permit did not allow mining in adjacent property, the Nadeau Site Expansion Area (NSE), which had been classified in 1989 as a “critical dune” area under MCL 324.35301 et seq. Mining in critical dune areas was prohibited after July 5, 1989, subject to certain narrowly…”
Neal v. Wilkes, 685 N.W.2d 648 (Mich. 2004).
· cites it 2× “, the purpose of which is "to protect the environment and natural resources of the state...." 1994 PA 451 . Other sections of the act deal with forest and mineral resource development, MCL 324.”
Preserve the Dunes, Inc v. Dep't of Env't Quality, 655 N.W.2d 263 (Mich. Ct. App. 2002).
· cites it 6× “(the sand dime mining act [sdma]), and MCL 324.35301 et seq. (the sdpma), the deq violated the mepa by issuing the amended permit to TechniSand because mining in the critical Taube Road Expansion area of the Nadeau Site will destroy a unique, irreplaceable, and fragile natural…”
Preserve the Dunes, Inc. v. Dep't of Env't Quality, 690 N.W.2d 487 (Mich. Ct. App. 2004).
· cites it 4× “63702(1); MCL 324.35301(c). Plaintiff filed suit under MEPA, seeking declaratory and injunctive relief prohibiting TechniSand’s proposed mining activities in that area.”
Burleson v. Dep't of Env't Quality, 808 N.W.2d 792 (Mich. Ct. App. 2011).
“The property lies within a critical dune area, so petitioner applied to respondent, the Michigan Department of Environmental Quality (MDEQ), 1 for a permit under part 353 of NREPA, MCL 324.35301 et seq. Respondent refused to issue the permit, insisting that petitioner was also…”
Port Sheldon Beach Ass'n v. Dept of Env't Quality (Mich. Ct. App. 2016).
· cites it 4× “All three of the Association’s parcels bordering Lake Michigan are undisputedly subject to the Sand Dune Protection and Management Act (SDPMA), MCL 324.35301 et seq. The SDPMA was enacted in 1976 in order to regulate sand dune mining in designated sand dune areas near the Great…”
Lakeshore Grp. v. Dep't of Env't Quality (Mich. 2021).
· cites it 4× “The property was located in a critical dune area and therefore was subject to certain regulations under the sand dunes protection and management act (SDPMA), MCL 324.35301 et seq. EGLE issued the requisite permits and special exceptions needed for development of the property to…”
Lakeshore Grp. v. Dep't of Env't Quality (Mich. 2021).
· cites it 4× “The property was located in a critical dune area and therefore was subject to certain regulations under the sand dunes protection and management act (SDPMA), MCL 324.35301 et seq. EGLE issued the requisite permits and special exceptions needed for development of the property to…”
Preserve the Dunes Inc v. Dept of Env't Quality (Mich. 2004).
· cites it 3× “That permit did not allow mining in adjacent property, the Nadeau Site Expansion Area (NSE), which had been classified in 1989 as a “critical dune” area under MCL 324.35301 et seq. Mining in critical dune areas was prohibited after July 5, 1989, subject to certain narrowly…”
— Mich. Comp. Laws § 324.35301(c) — 2 cases
Preserve the Dunes, Inc. v. Dep't of Env't Quality, 690 N.W.2d 487 (Mich. Ct. App. 2004).
“63702(1); MCL 324.35301(c). Plaintiff filed suit under MEPA, seeking declaratory and injunctive relief prohibiting TechniSand’s proposed mining activities in that area.”
Port Sheldon Beach Ass'n v. Dept of Env't Quality (Mich. Ct. App. 2016).
“All three of the Association’s parcels bordering Lake Michigan are undisputedly subject to the Sand Dune Protection and Management Act (SDPMA), MCL 324.35301 et seq. The SDPMA was enacted in 1976 in order to regulate sand dune mining in designated sand dune areas near the Great…”
— Mich. Comp. Laws § 324.35301(j) — 1 case
Preserve the Dunes, Inc. v. Dep't of Env't Quality, 690 N.W.2d 487 (Mich. Ct. App. 2004).
“63702(1); MCL 324.35301(c). Plaintiff filed suit under MEPA, seeking declaratory and injunctive relief prohibiting TechniSand’s proposed mining activities in that area.”
— Mich. Comp. Laws § 324.35301(k) — 2 cases
Lakeshore Grp. v. Dep't of Env't Quality (Mich. 2021).
“The property was located in a critical dune area and therefore was subject to certain regulations under the sand dunes protection and management act (SDPMA), MCL 324.35301 et seq. EGLE issued the requisite permits and special exceptions needed for development of the property to…”
Lakeshore Grp. v. Dep't of Env't Quality (Mich. 2021).
“The property was located in a critical dune area and therefore was subject to certain regulations under the sand dunes protection and management act (SDPMA), MCL 324.35301 et seq. EGLE issued the requisite permits and special exceptions needed for development of the property to…”
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