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

Mich. Comp. Laws § 324.63702 (2026)

Sand dune mining permit within critical dune area; “adjacent” defined.

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


Act 451 of 1994


324.63702 Sand dune mining permit within critical dune area; “adjacent” defined.

Sec. 63702.

    (1) Notwithstanding any other provision of this part, the department shall not issue a sand dune mining permit within a critical dune area as defined in part 353 after July 5, 1989, except under either of the following circumstances:

    (a) The operator seeks to renew or amend a sand dune mining permit that was issued prior to July 5, 1989, subject to the criteria and standards applicable to a renewal or amendatory application.

    (b) The operator holds a sand dune mining permit issued pursuant to section 63704 and is seeking to amend the mining permit to include land that is adjacent to property the operator is permitted to mine, and prior to July 5, 1989 the operator owned the land or owned rights to mine dune sand in the land for which the operator seeks an amended permit.

    (2) As used in this section, "adjacent" means land that is contiguous with the land for which the operator holds a sand dune mining permit issued pursuant to section 63704, provided no land or space, including a highway or road right-of-way, exists between the property on which sand dune mining is authorized and the adjacent land.

History: Add. 1995, Act 57, Imd. Eff. May 24, 1995

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Act 451

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NREPA
Notes of Decisions
Cited in 5 cases, 2002–2004 · leading case: Preserve the Dunes, Inc v. Dep't of Env't Quality, 655 N.W.2d 263 (Mich. Ct. App. 2002).
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Preserve the Dunes, Inc v. Dep't of Env't Quality, 655 N.W.2d 263 (Mich. Ct. App. 2002). · cites it 66× “Without explanation regarding under which exception of MCL 324.63702 TechniSand qualified, the DEQ issued to TechniSand an amended permit to mine in the critical dune area in the Nadeau Site in November 1996.”
Preserve the Dunes, Inc v. Dep't of Env't Quality, 684 N.W.2d 847 (Mich. 2004). · cites it 16× “The eligibility criteria in MCL 324.63702 are as much a condition to engage in critical sand dune mining as the requirements in §§ 63704 through 63706.”
Attorney Gen. v. Harkins, 669 N.W.2d 296 (Mich. Ct. App. 2003). “, or the Sand Dune Mining Act, MCL 324.63702, Part 637 of the nrepa, we find this holding factually distinguishable from the case at hand.”
Preserve the Dunes, Inc. v. Dep't of Env't Quality, 690 N.W.2d 487 (Mich. Ct. App. 2004). · cites it 2× “Plaintiff argues that the trial court erred by considering how the proposed mining would affect the total critical dune area in the state because each and every critical dune area must be protected unless one of the two exceptions in MCL 324.63702 applies. But our Supreme…”
Preserve the Dunes Inc v. Dept of Env't Quality (Mich. 2004). · cites it 8× “The eligibility criteria in MCL 324.63702 are as much a condition to engage in critical sand dune mining as the requirements in §§ 63704 through 63706.”
— Mich. Comp. Laws § 324.63702(1) — 4 cases
Preserve the Dunes, Inc v. Dep't of Env't Quality, 684 N.W.2d 847 (Mich. 2004). “The eligibility criteria in MCL 324.63702 are as much a condition to engage in critical sand dune mining as the requirements in §§ 63704 through 63706.”
Preserve the Dunes, Inc v. Dep't of Env't Quality, 655 N.W.2d 263 (Mich. Ct. App. 2002). “Without explanation regarding under which exception of MCL 324.63702 TechniSand qualified, the DEQ issued to TechniSand an amended permit to mine in the critical dune area in the Nadeau Site in November 1996.”
Preserve the Dunes, Inc. v. Dep't of Env't Quality, 690 N.W.2d 487 (Mich. Ct. App. 2004). “Plaintiff argues that the trial court erred by considering how the proposed mining would affect the total critical dune area in the state because each and every critical dune area must be protected unless one of the two exceptions in MCL 324.63702 applies. But our Supreme…”
Preserve the Dunes Inc v. Dept of Env't Quality (Mich. 2004). “The eligibility criteria in MCL 324.63702 are as much a condition to engage in critical sand dune mining as the requirements in §§ 63704 through 63706.”
— Mich. Comp. Laws § 324.63702(1)(a) — 3 cases
Preserve the Dunes, Inc v. Dep't of Env't Quality, 655 N.W.2d 263 (Mich. Ct. App. 2002). “Without explanation regarding under which exception of MCL 324.63702 TechniSand qualified, the DEQ issued to TechniSand an amended permit to mine in the critical dune area in the Nadeau Site in November 1996.”
Preserve the Dunes, Inc v. Dep't of Env't Quality, 684 N.W.2d 847 (Mich. 2004). “The eligibility criteria in MCL 324.63702 are as much a condition to engage in critical sand dune mining as the requirements in §§ 63704 through 63706.”
Preserve the Dunes Inc v. Dept of Env't Quality (Mich. 2004). “The eligibility criteria in MCL 324.63702 are as much a condition to engage in critical sand dune mining as the requirements in §§ 63704 through 63706.”
— Mich. Comp. Laws § 324.63702(1)(b) — 3 cases
Preserve the Dunes, Inc v. Dep't of Env't Quality, 655 N.W.2d 263 (Mich. Ct. App. 2002). “Without explanation regarding under which exception of MCL 324.63702 TechniSand qualified, the DEQ issued to TechniSand an amended permit to mine in the critical dune area in the Nadeau Site in November 1996.”
Preserve the Dunes, Inc v. Dep't of Env't Quality, 684 N.W.2d 847 (Mich. 2004). “The eligibility criteria in MCL 324.63702 are as much a condition to engage in critical sand dune mining as the requirements in §§ 63704 through 63706.”
Preserve the Dunes Inc v. Dept of Env't Quality (Mich. 2004). “The eligibility criteria in MCL 324.63702 are as much a condition to engage in critical sand dune mining as the requirements in §§ 63704 through 63706.”
— Mich. Comp. Laws § 324.63702(l)(a) — 1 case
Preserve the Dunes, Inc v. Dep't of Env't Quality, 684 N.W.2d 847 (Mich. 2004). “The eligibility criteria in MCL 324.63702 are as much a condition to engage in critical sand dune mining as the requirements in §§ 63704 through 63706.”
— Mich. Comp. Laws § 324.63702(l)(b) — 2 cases
Preserve the Dunes, Inc v. Dep't of Env't Quality, 684 N.W.2d 847 (Mich. 2004). “The eligibility criteria in MCL 324.63702 are as much a condition to engage in critical sand dune mining as the requirements in §§ 63704 through 63706.”
Preserve the Dunes, Inc v. Dep't of Env't Quality, 655 N.W.2d 263 (Mich. Ct. App. 2002). “Without explanation regarding under which exception of MCL 324.63702 TechniSand qualified, the DEQ issued to TechniSand an amended permit to mine in the critical dune area in the Nadeau Site in November 1996.”
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