2003 House Bill 4257 / Public Act 14

Introduced in the House

Feb. 19, 2003

Introduced by Rep. Brian Palmer (R-36)

To allow a Great Lakes waterfront property owner to perform "beach maintenance activities" without a wetland permit in the area of Great Lakes riparian lands lying between the ordinary high-water mark and the water's edge, including but not limited to, manual or mechanized mowing, leveling of sand, and removal of vegetation and grooming of the top four-inches of soil. Low water levels have made it difficult for some property owners to get to the lakeshore without some beach maintenance.

Referred to the Committee on Great Lakes and Tourism

March 25, 2003

Reported without amendment

Without amendment and with the recommendation that the bill pass.

April 10, 2003

Amendment offered by Rep. Howard Walker (R-104)

To limit allowable beach grooming as defined in the bill to no more than 50 percent of a property owner's water frontage.

The amendment failed by voice vote

Substitute offered by Rep. Chris Kolb (D-53)

To replace the previous version of the bill with one which would prohibit removing vegetation, limit mowing to a height of at least two-inches, allow only a six-foot wide path to be created to the water, and sunset these permit exceptions on Nov. 1, 2007.

The substitute failed 43 to 63 (details)

Substitute offered by Rep. Brian Palmer (R-36)

To replace the previous version of the bill with one recommended by the committee which reported it. The substitute incorporates technical changes resulting from committee testimony and deliberation. These changes do not affect the substance of the bill as previously described.

The substitute passed by voice vote

Substitute offered by Rep. Joseph Rivet (D-96)

To replace the previous version of the bill with one which would limit allowable beach grooming as defined in the bill to no more than 50 percent of a property owner's water frontage.

The substitute failed 38 to 66 (details)

Passed in the House 64 to 43 (details)

To allow a Great Lakes waterfront property owner to perform "beach maintenance activities" without a wetland permit in the area of Great Lakes riparian lands lying between the ordinary high-water mark and the water's edge, including but not limited to, manual or mechanized mowing, leveling of sand, and removal of vegetation and grooming of the top four-inches of soil. Low water levels have made it difficult for some property owners to get to the lakeshore.

Received in the Senate

April 22, 2003

Referred to the Committee on Natural Resources and Environmental Affairs

May 27, 2003

Reported without amendment

With the recommendation that the substitute (S-5) be adopted and that the bill then pass.

May 28, 2003

Substitute offered

To replace the previous version of the bill with one incorporating many changes resulting from extensive negotiations between legislators and the various interest groups affected. See the Senate-passed version.

The substitute passed by voice vote

May 29, 2003

Substitute offered by Sen. Liz Brater (D-18)

To replace the previous version of the bill with one which is more restrictive on the beach grooming activities that would be allowed without a permit.

The substitute failed 13 to 24 (details)

Amendment offered by Sen. Liz Brater (D-18)

To require that requests from property owners to remove vegetation in the two pilot areas to be designated by the DEQ include the width of the shoreline frontage, and the width of the area proposed for removal of vegetation.

The amendment passed by voice vote

Amendment offered by Sen. Jim Barcia (D-31)

To incorporate technical wording changes which clarify but do not affect the substance of the bill as previously described.

The amendment passed by voice vote

Amendment offered by Sen. Patricia Birkholz (R-24)

To define as "beach" for purposes of the bill an area which at some time since 1997 was unconsolidated material predominately composed of sand, rock, or pebbles, or was predominately vegetated by non-native or invasive species.

The amendment passed by voice vote

Passed in the Senate 37 to 0 (details)

To allow a waterfront property owner to perform "beach maintenance activities" until November 1, 2007 without a wetland permit in Great Lakes riparian lands that were a beach before water levels dropped. Allowable activities include manual or mechanized leveling of sand, mowing of vegetation not to exceed the width of the property or 100 feet, manual and minimal removal of vegetation, grooming of soil, and construction and maintenance of a path to the water not wider than six feet. The Department of Environmental Quality would also identify two areas near Grand Traverse Bay and Saginaw Bay where landowners could use machinery to remove all vegetation up to 100 feet or 50 percent of the property if the area had ever been a beach since 1997. Landowners and local governments in other areas could apply for a permit to do the same.

Received in the House

June 3, 2003

Passed in the House 106 to 1 (details)

To concur with the Senate-passed version of the bill.

Signed by Gov. Jennifer Granholm

June 4, 2003