Public Act 56 of 2005

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• Introduced by Sen. Jud Gilbert (R) on March 2, 2005, to require a local soil erosion control enforcing agency to issue a general permit for a residential project to a residential property owner for routine maintenance activities on a previously permitted seawall or similar structure, upon application and payment of a reasonable fee. Also, to exempt residential property owners from permit requirements for gardening, landscaping, household maintenance, fencing, and preventative measures used to stabilize soils.
  • Referred to the Senate Natural Resources & Environmental Affairs Committee on March 2, 2005.
    • Reported in the Senate on March 17, 2005, with the recommendation that the substitute (S-1) be adopted and that the bill then pass.
  • Substitute offered in the Senate on March 23, 2005, to replace the previous version of the bill with one that makes explicit several types of residential projects exempt from permit requirements. These include: an earth change of a minor nature; gardening, if the natural elevation of the area were not raised; digging post holes for fencing, decks, utility posts, mailboxes, etc.; normal and customary residential landscaping, including planting trees and shrubs, seeding or reseeding lawns less than one acre, and stockpiling less than 10 yards of soil, sand, or gravel at least 100 feet from state waters . The substitute passed in the Senate by voice vote on March 23, 2005.
  • Amendment offered by Sen. Liz Brater (D) on March 24, 2005, to prohibit a homeowner from seeding or reseeding a lawn within 500 feet of a storm drain inlet without getting a permit. The amendment failed in the Senate by voice vote on March 24, 2005.
  • Amendment offered by Sen. Liz Brater (D) on March 24, 2005, to prohibit a homeowner from stockpiling 10 cubic yards or more of dirt or sand within 500 feet of a storm drain inlet without getting a permit. The amendment failed in the Senate (16 to 21) on March 24, 2005. [Vote Details and Comments]
• Passed in the Senate (22 to 15) on March 24, 2005, to exempt residential property owners from soil erosion control permit requirements for gardening, landscaping, household maintenance, fencing, and preventative measures used to stabilize soils (see Senate substitute vote for details). Also, to require a local soil erosion control enforcing agency to issue a general permit for a residential project to a property owner for routine maintenance activities on a previously permitted seawall or similar structure, upon application and payment of a reasonable fee . [Vote Details and Comments]
• Received in the House on March 24, 2005.
  • Referred to the House Natural Resources, Great Lakes, Land Use, and Environment Committee on March 24, 2005.
    • Reported in the House on May 19, 2005, with the recommendation that the substitute (H-2) be adopted and that the bill then pass.
  • Substitute offered in the House on May 31, 2005, to replace the previous version of the bill with one that incorporates technical changes resulting from committee testimony and deliberation. This version was subsequently superceded by another substitute with more technical changes. The substitute failed in the House by voice vote on May 31, 2005.
  • Substitute offered by Rep. Phil Pavlov (R) on May 31, 2005, to replace the previous version of the bill with one that also exempts seawall maintenance that does not exceed 100 square feet from permit requirements, but eliminates the provisions related to "general" permits for a residential projects. The substitute passed in the House by voice vote on May 31, 2005.
  • Amendment offered by Rep. Lorence Wenke (R) on May 31, 2005, to eliminate a provision allowing a homeowner to stockpile 10 cubic yards or more of dirt or sand within 100 feet of a storm drain inlet without getting a permit. The amendment failed in the House by voice vote on May 31, 2005.
• Passed in the House (107 to 0) on June 1, 2005, to exempt residential property owners from soil erosion control permit requirements for gardening, landscaping, household maintenance, fencing, and preventative measures used to stabilize soils (see Senate substitute vote for details), and also exempts small seawall repairs. [Vote Details and Comments]
• Received in the Senate on June 2, 2005.
• Passed in the Senate (38 to 0) on June 15, 2005, to concur with the House-passed version of the bill. [Vote Details and Comments]
• Signed by Gov. Jennifer Granholm on June 30, 2005.