2003 House Bill 5055 / 2004 Public Act 565

Prohibit requiring unnecessary erosion control permit fee

Introduced in the House

Sept. 23, 2003

Introduced by Rep. Chris Ward (R-66)

To prohibit the state or a local government from requiring a person to pay an erosion control permit fee or other financial consideration unless a permit is required under law, or to charge for the transfer of an existing permit to a new landowner.

Referred to the Committee on Land Use and Environment

July 6, 2004

Reported without amendment

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

July 14, 2004

Substitute offered

To replace the previous version of the bill with one that strips out the prohibition on the state or a local government from requiring a person to pay an erosion control permit fee or other financial consideration unless a permit is required under law.

The substitute passed by voice vote

Amendment offered by Rep. Chris Ward (R-66)

To require the old and new permit holders to notify the erosion permit enforcing agency of a transfer in land ownership.

The amendment passed by voice vote

Passed in the House 99 to 0 (details)

To establish that an erosion control permit "runs with the land" during the period the permit is valid, meaning if the land is sold, the permit is also transferred to the new landowner, as is any responsibility for any violations of the permit existing at the time of the transfer.

Received in the Senate

Aug. 4, 2004

Referred to the Committee on Natural Resources and Environmental Affairs

Sept. 30, 2004

Reported without amendment

With the recommendation that the bill pass.

Dec. 7, 2004

Substitute offered

To replace the previous version of the bill with one that requires the seller and buyer to sign a written notice regarding the erosion permit and any obligations and responsibilities that come with it; and requires the seller to submit the signed notice to the enforcing agency before the transfer. Also to allow a county or municipal enforcing agency to charge a fee for the transfer of a permit, which could not exceed the actual adminstrative costs.

The substitute passed by voice vote

Dec. 8, 2004

Passed in the Senate 37 to 0 (details)

To establish that an erosion control permit "runs with the land" during the period the permit is valid, meaning if the land is sold, the permit is also transferred to the new landowner, as is any responsibility for any violations of the permit existing at the time of the transfer. A county or municipal enforcing agency could charge a fee for the transfer of a permit, which could not exceed the actual adminstrative costs.

Received in the House

Dec. 8, 2004

Dec. 9, 2004

Passed in the House 98 to 0 (details)

To concur with the Senate-passed changes to the bill (see Senate substitute for details).

Signed by Gov. Jennifer Granholm

Dec. 30, 2004