Michigan Compiled Laws 451-1994-iii-1-land-habitats-353 Part 353 Sand Dunes Protection And Management (324.35301...324.35326)

• Section 324.35301 Definitions.
  As used in this part: (a) "Contour change" includes any grading, filling, digging, or excavating that significantly alters the physical characteristic of a critical...
• Section 324.35302 Legislative Findings.
  The legislature finds that: (a) The critical dune areas of this state are a unique, irreplaceable, and fragile resource that provide significant recreational, economic,...
• Section 324.35303 Notice To Local Units Of Government And Property Owners; Copy Of “atlas Of Critical Dune Areas”; Contents Of Notice; Supplying Addresses Of Property Owners.
  (1) As soon as practicable following July 5, 1989, the department shall notify by mail each local unit of government that has within its...
• Section 324.35304 Permit For Use In Critical Dune Area; Requirements; Decision Of Local Unit Of Government; Limitations; Ordinance; Model Zoning Plan; Special Exceptions; Assisting Local Units Of Government.
  (1) A person shall not initiate a use within a critical dune area unless the person obtains a permit from the local unit of...
• Section 324.35305 Hearing; Judicial Review.
  (1) If an applicant for a permit or a special exception or the owner of the property immediately adjacent to the proposed use is...
• Section 324.35306 Lawful Use Of Land Or Structure; Exemptions.
  (1) The lawful use of land or a structure, as existing and lawful within a critical dune area at the time the department implements...
• Section 324.35307 Maps.
  Upon adoption of an approved zoning ordinance, certified copies of the maps showing critical dune areas, and existing development and uses, shall be sent...
• Section 324.35308 Prohibited Uses; Exception.
  (1) Except as provided in subsection (2), the following uses shall be prohibited in a critical dune area: (a) A surface drilling operation that...
• Section 324.35309 Use Permit And Inspection Fee; Disposition Of Fees; Authorization Of Separate Fee; Bond.
  (1) A local unit of government, or the department if the local unit of government does not have an approved zoning ordinance, may establish...
• Section 324.35310 Suspension Or Revocation Of Permit; Restraining Order, Injunction, Or Other Appropriate Remedy; Instituting Action; Cumulative Rights; Performance Review; Determination Of Noncompliance; Response; Implementation Of Model Zoning Plan; Appeal; Civil Fine; Order To Pay Cost Of Restabilization; Violation As Misdemeanor.
  (1) If the department finds that a person is not in compliance with the model zoning plan if the department is implementing the plan,...
• Section 324.35311 Review Of “atlas Of Critical Dune Areas”; Appointment And Duties Of Review Team.
  Beginning with the effective date of the 2012 act that amended this section and once every 10 years thereafter, the department may appoint a...
• Section 324.35311a Construction, Improvement, And Maintenance Of Driveways.
  (1) Notwithstanding section 35316 or any other provision of this part, the construction, improvement, and maintenance of a driveway shall be permitted for any...
• Section 324.35311b Construction, Improvement, And Maintenance Of Accessibility Measures.
  (1) Notwithstanding section 35316 or any other provision of this part, at the request of the applicant, the construction, improvement, and maintenance of accessibility...
• Section 324.35312 Zoning Ordinance; Provisions; Regulation Of Additional Lands.
  (1) A local unit of government that has 1 or more critical dune areas within its jurisdiction may formulate a zoning ordinance pursuant to...
• Section 324.35313 Zoning Ordinance; Requirements For Applications For Permits For Use Of Critical Dune Area.
  (1) A zoning ordinance shall require that all applications for permits for the use of a critical dune area include in writing all of...
• Section 324.35314 Zoning Ordinance; Provisions; Review Of Subdivision Development.
  (1) A zoning ordinance shall provide for all of the following: (a) Lot size, width, density, and front and side setbacks. (b) Storm water...
• Section 324.35315 Zoning Ordinance; Prohibited Uses In Critical Dune Area.
  A zoning ordinance shall not permit either of the following uses in a critical dune area: (a) The disposal of sewage on-site unless the...
• Section 324.35316 Zoning Ordinances; Additional Prohibited Uses In Critical Dune Area; Variance; Contour Maps; Guidelines; Restoration.
  (1) Unless a variance is granted pursuant to section 35317, a zoning ordinance shall not permit the following uses in a critical dune area:...
• Section 324.35317 Variances; Special Exceptions; Limitations; Decision; Environmental Site Assessment Or Environmental Impact Statement; Annual Report; Forwarding Application To Local Government; Review And Comment; Waiver Of Opportunity To Review; Notice Of Opposition; Determination Of Practical Difficulty.
  (1) A local unit of government may issue variances under a zoning ordinance, or the department may issue special exceptions under the model zoning...
• Section 324.35318 Request For Revaluation To Determine Fair Market Value.
  If a permit for a proposed use within a critical dune area is denied, the landowner may request a revaluation of the affected property...
• Section 324.35319 Environmental Assessment; Contents.
  The zoning ordinance shall provide that if an environmental assessment is required under section 35313, that assessment shall include the following information concerning the...
• Section 324.35320 Environmental Impact Statement; Contents.
  If an environmental impact statement is required under section 35313 prior to permitting a proposed use, a zoning ordinance may require that the statement...
• Section 324.35321 Review Of Site Plan; Duties Of Planning Commission.
  A zoning ordinance shall provide that, in reviewing a site plan required under section 35313(1)(d), the planning commission shall do both of the following:...
• Section 324.35322 Special Use Project Application, Plan, And Proposed Decision; Review; Action.
  Prior to issuing a permit allowing a special use project within a critical dune area, a local unit of government shall submit the special...
• Section 324.35323 Destruction Of Structure Or Use; Exemption; Replacement.
  A structure or use located in a critical dune area that is destroyed by fire, other than arson for which the owner is found...
• Section 324.35324 Management Of Federally Owned And State Owned Land.
  Federally owned land, to the extent allowable by law, and state owned land within critical dune areas shall be managed by the federal or...
• Section 324.35325 Purchase Of Lands Or Interests In Lands; Purpose.
  The department or local units of government may purchase lands or interests in lands from a willing seller in critical dune areas for the...
• Section 324.35326 Repealed. 2012, Act 297, Imd. Eff. Aug. 7, 2012
  Compiler's Notes: The repealed section pertained to appropriation to department.Popular Name: Act 451Popular Name: NREPA

Last modified: October 10, 2016