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State of
DEPARTMENT
OF NATURAL RESOURCES |
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JENNIFER M. GRANHOLM governor |
REBECCA A. HUMPHRIES director |
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State of
DEPARTMENT
OF NATURAL RESOURCES |
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JENNIFER M. GRANHOLM governor |
REBECCA A. HUMPHRIES director |
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BILL NUMBER: |
HB
4464 (SUBSTITUTE H-3) |
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TOPIC: |
Clarify
the intention of a plat donation of a road, street, or alley terminating at a
lake or stream contiguous to a shoreline. |
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SPONSOR: |
Matthew Gillard |
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CO-SPONSORS: |
Joel Sheltrown,
Richard Ball, Chris Ward, Jeff Mayes, Barbara Farrah,
Glenn Steil |
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COMMITTEE: |
Committee on Tourism,
Outdoor Recreation, and Natural Resources |
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Analysis
Done: |
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POSITION
The
Department of Natural Resources (DNR) supports this bill.
PROBLEM/BACKGROUND
There
is a long standing issue regarding these road endings and what activities
should be allowed. Over the years, the
state has acquired lands through the tax reversion process. Some of these lands were contiguous with
other state lands or held for other purposes, such as boating access
sites. This bill provides the DNR with
the right to manage these properties in the best interest of the public, and
within our economic abilities.
DESCRIPTION OF BILL
This
bill defines the intent of a dedication, gift, or grant of a road, street, or
alley terminating at a lake or stream, or terminating at a common area, a
right- of- way, or a public park that is contiguous to the shoreline of a lake
or stream to include the seasonal mooring of boats, sunbathing, and lounging at
the end of a road, street, or alley.
Pro
This
bill will bring clarification for platted road ending issues and allow back lot
owners (non-riparian) complete access to the water.
Con
The statement that the mooring of boats would be presumed does not address any Michigan Department of Environmental Quality (DEQ) requirement for permitting such activity.
FISCAL/ECONOMIC
IMPACT
Are there revenue or
budgetary implications in the bill to the –
Budgetary:
None
Revenue:
None
Comments:
None
Budgetary:
Unknown
Revenue:
None
Comments:
None
Comments:
None
OTHER STATE DEPARTMENTS
Possibly
DEQ, when granting permits for mooring/marinas, etc. This bill has not been discussed with DEQ.
ANY OTHER PERTINENT INFORMATION
Passage
is a prerequisite to passage of HB 4463, authorizing marinas at road ends under
DEQ permit.
ADMINISTRATIVE
RULES IMPACT
R299.922
_______________________________
Rebecca A. Humphries
Director
_______________________________
Date
OLAF/PRD
