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Charter Township of Oakland, MI
Oakland County
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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;
(4) 
Economic impact;
(5) 
Land use for which the property is zoned or planned; and
(6) 
Recreational impact.