The following uses are allowed in a wetland without a permit subject to the laws of this state and the owner's regulation:
A. 
Fishing, trapping, or hunting.
B. 
Swimming or boating.
C. 
Hiking.
D. 
Grazing of animals.
E. 
Farming, horticulture, silviculture, lumbering, and ranching activities, including plowing, irrigation, irrigation ditching, seeding, cultivating, minor drainage, harvesting for the production of food, fiber, and forest products, or upland soil and water conservation practices. Wetland altered under this subsection shall not be used for a purpose other than a purpose described in this subsection without a permit from the state.
F. 
Maintenance or operation of serviceable structures in existence on October 1, 1980, or constructed pursuant to Part 303 of Public Act No. 451 of 1994 (MCLA § 324.30301 et seq.) or former Public Act No. 203 of 1975.
G. 
Construction or maintenance of farm or stock ponds.
H. 
Maintenance, operation, or improvement which includes straightening, widening, or deepening of the following which is necessary for the production or harvesting of agricultural products:
(1) 
An existing private agricultural drain.
(2) 
That portion of a drain legally established pursuant to the Drain Code of 1956, Public Act No. 40 of 1956 (MCLA § 280.1 et seq.), which has been constructed or improved for drainage purposes.
(3) 
A drain constructed pursuant to other provisions of Part 303 of Public Act No. 451 of 1994 (MCLA § 324.30301 et seq.) or former Public Act No. 203 of 1979.
I. 
Construction or maintenance of farm roads, forest roads, or temporary roads for moving mining or forestry equipment, if the roads are constructed and maintained in a manner to ensure that any adverse effect on the wetland will be otherwise minimized.
J. 
Drainage necessary for the production and harvesting of agricultural products if the wetland is owned by a person who is engaged in commercial farming and the land is to be used for the production and harvesting of agricultural products. Except as otherwise provided in this part, wetland improved under this subsection after October 1, 1980, shall not be used for nonfarming purposes without a permit from the state. This subsection does not apply to a wetland that is contiguous to a lake or stream, or to a tributary of a lake or stream, or to a wetland that the state has determined by clear and convincing evidence to be a wetland that is necessary to be preserved for the public interest, in which case a permit is required.
K. 
Maintenance or improvement of public streets, highways, or roads, within the right-of-way and in such a manner as to assure that any adverse effect on the wetland will be otherwise minimized. Maintenance or improvement does not include adding extra lanes, increasing the right-of-way, or deviating from the existing location of the street, highway, or road.
L. 
Maintenance, repair, or operation of gas or oil pipelines and construction of gas or oil pipelines having a diameter of six inches or less, if the pipelines are constructed, maintained, or repaired in a manner to ensure that any adverse effect on the wetland will be otherwise minimized.
M. 
Maintenance, repair, or operation of electric transmission and distribution power lines and construction of distribution power lines, if the distribution power lines are constructed, maintained, or repaired in a manner to assure that any adverse effect on the wetland will be otherwise minimized.
N. 
Operation or maintenance, including reconstruction of recently damaged parts, of serviceable dikes and levees in existence on October 1, 1980, or constructed pursuant to Part 303 of Public Act No. 451 of 1994 (MCLA § 324.30301 et seq.) or former Public Act No. 203 of 1979.
O. 
Construction of iron and copper mining tailings basins and water storage areas.
P. 
Until November 1, 2007, beach maintenance activities that meet all of the following conditions:
(1) 
The activities shall not occur in environmental areas and shall not violate Part 365 of Public Act No. 451 of 1994 (MCLA § 324.36501 et seq.) or rules promulgated under that part, or the Endangered Species Act of 1973, Public Law 93-205, 87 Stat. 884, or rules promulgated under that Act.
(2) 
The width of any mowing of vegetation shall not exceed the width of the riparian property or 100 feet, whichever is less.
(3) 
All collected debris shall be disposed of properly outside of any wetland.
Q. 
Until June 5, 2006, removal of vegetation as authorized under Section 32516 of Public Act No. 451 of 1994 (MCLA § 324.32516).[1]
[1]
Editor's Note: Section 32516 of Public Act No. 451 of 1994 (MCLA § 324.32516) was repealed by P.A. 2012, No. 247.
It shall be unlawful for any person to do or assist in any of the following unless and until a written permit is obtained from the Township pursuant to this chapter:
A. 
Deposit or permit the placing of fill material in a wetland.
B. 
Dredge, remove, or permit the removal of soil or minerals from a wetland.
C. 
Construct, operate, or maintain any use or development in a wetland.
D. 
Drain surface water from a wetland.
In arriving at a determination with respect to the issuance of a permit under this article, the Township shall take into consideration at least the following standards and criteria:
A. 
A permit shall be issued only if the proposed project or activity is clearly in the public interest, and is otherwise lawful in all respects.
B. 
In determining whether the activity is in the public interest, the benefit which would reasonably be expected to accrue from the proposal shall be balanced against the reasonably foreseeable detriments of the activity, taking into consideration the local, state and national concern for the protection and preservation of natural resources from pollution, impairment and/or destruction. If, as a result of such a balancing, there remains a debatable question whether the proposed project and/or activity is clearly in the public interest, a permit shall not be issued. The following general criteria shall be applied in undertaking this balancing test:
(1) 
The relative extent of the public and private need for the proposed activity.
(2) 
The availability of feasible and prudent alternative locations and methods to accomplish the expected benefits of the activity.
(3) 
The extent and permanence of the beneficial or detrimental effects which the proposed activity may have on the public and private use to which the area is suited, including the benefits the wetland provides.
(4) 
The probable impact of the proposal in relation to the cumulative effect created by other existing and anticipated activities in the watershed.
(5) 
The probable impact on recognized historic, cultural, scenic, ecological, or recreational values, and the public health of fish or wildlife.
(6) 
The size and quality of the wetland being considered.
(7) 
The amount and quality of remaining wetland in the area.
(8) 
Proximity to any waterway.
(9) 
Economic value, both public and private, of the proposed land change to the general area.
(10) 
The necessity for the proposed project.
C. 
A permit shall not be issued unless it is shown that:
(1) 
An unreasonable disruption of the aquatic resources will not result;
(2) 
The proposed activity is primarily dependent upon being located in the wetland; and
(3) 
A feasible and prudent alternative does not exist.
D. 
The manner in which the activity is proposed to be undertaken will result in the minimum negative impact upon the wetland and attendant natural resources under all of the circumstances.
A. 
The Township Board has adopted a Wetland Map, showing an inventory of wetland within the Township.
B. 
Upon amendment of the Wetland Map, the Township shall notify each record owner of property on the property tax roll of the Township that the Wetland Map has been amended, where the map may be reviewed, and that the owner's property may be designated as a wetland on the inventory map and that the Township has an ordinance regulating wetland. Such notice shall also inform the property owner that the Wetland Map does not necessarily include all of the wetlands within the Township that may be subject to the Wetlands Ordinance.
C. 
The Wetland Map shall not create any legally enforceable presumptions regarding whether property that is or is not included on the inventory map is or is not in fact a wetland.
If a permit is denied for a proposed wetland use, a landowner may appear at the annual board of review for the purpose of seeking a revaluation of the affected property for assessment purposes to determine its fair market value under the use restriction.