The following operations and uses are permitted in watercourse
areas of the Township without requiring a permit:
A. Any fill or structure existing before April 1, 1966, in waters covered
by former Public Act No. 291 of 1965, and any fill or structures existing
before January 9, 1973, in waters covered for the first time by former
Public Act No. 346 of 1972.
B. A seasonal structure placed on bottomland to facilitate private noncommercial
recreational use of the water if it does not unreasonably interfere
with the use of the water by others entitled to use the water or interfere
with water flow.
C. Reasonable sanding of beaches to the existing water's edge by
a riparian owner.
D. Construction or maintenance of a private agricultural drain regardless
of outlet.
E. A waste collection or treatment facility that is approved for construction
by the State Department of Environmental Quality or ordered or approved
by the Department.
F. Construction and maintenance of minor drainage structures and facilities
which are identified by rule promulgated by the State Department of
Environmental Quality.
G. Maintenance and improvement of all drains legally established or
constructed prior to January 1, 1973, pursuant to the Drain Code of
1956, Public Act No. 40 of 1956 (MCLA § 280.1 et seq.),
except those legally established drains constituting mainstream portions
of certain natural watercourses identified in rules promulgated by
the State Department of Environmental Quality.
H. Projects constructed under the Watershed Protection and Flood Prevention
Act, Chapter 656, 68 Stat. 666, 16 U.S.C. §§ 1001 to
1008 and 1010.
I. Construction and maintenance of privately owned cooling or storage
ponds used in connection with a public utility except at the interface
with public waters.
J. Maintenance of a structure constructed under a permit issued pursuant
to Part 301 of Public Act No. 451 of 1994 (MCLA § 324.30101
et seq.) and identified by rule if the maintenance is in place and
in kind with no design or materials modification.
Except as hereinafter provided in this article, it shall be
unlawful for any person to do any of the following without obtaining
a development permit from the Township:
A. Dredge or fill bottomland.
B. Construct, enlarge, extend, remove, or place a structure on bottomland.
C. Erect, maintain, or operate a marina.
D. Create, enlarge, or diminish an inland lake or stream.
E. Structurally interfere with the natural flow of an inland lake or
stream.
F. Construct, dredge, commence, extend, or enlarge an artificial canal,
channel, ditch, lagoon, pond, lake, or similar waterway where the
purpose is ultimate connection with an existing inland lake or stream,
or where any part of the artificial waterway is located within 500
feet of the ordinary high-water mark of an existing inland lake or
stream.
G. Connect any natural or artificially constructed waterway, canal,
channel, ditch, lagoon, pond, lake, or similar water with an existing
inland lake or stream for navigation or any other purpose.
Subject to the limitations of Article
III of this chapter, the Township may issue development permits for the following temporary, seasonal and permanent operations on public lakes, ponds, rivers, and waterways of the Township, with limitations and conditions as may be stipulated in the development permit, for the following:
A. Publicly and/or privately owned boat launching and landing facilities,
and fishing docks.
B. Municipal or utility use such as parks and recreation facilities,
when involving any alteration of existing natural conditions of watercourses
or wetland areas.
C. Dams or other water-control devices, dredging or diversion of water
levels or circulation, or changes in watercourses for the purposes
of improving fish or wildlife habitat, recreation facilities or drainage
conditions, when consistent with the intent and objectives of this
chapter and otherwise permitted under county or state statutes.
D. Utility transmission lines.
E. Driveways and roads where alternative means of access are proven
to be impractical.
[Amended 9-26-2006 by Ord. No. 44A-2006]
A. Subject to the limitations of Articles
III and
IV of this chapter, the Township may issue development permits for certain acts in watercourses of the Township, provided such development permit does not violate the intent of this chapter or of other Township, county or state statutes.
B. In reviewing such application, the Township shall consider the possible
effects of the proposed operation upon:
(1) Water quality, including filtering action;
(2) Fish or wildlife, including their habitats, damage or change;
(3) Effect upon adjoining wetland or drainage areas and water tables;
(5) Land use for which the property is zoned or planned; and