Michigan Laws 324.35316 – Zoning ordinances; additional prohibited uses in critical dune area; variance; contour maps; guidelines; restoration
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Terms Used In Michigan Laws 324.35316
- Contour change: includes any grading, filling, digging, or excavating that significantly alters the physical characteristic of a critical dune area, except that which is involved in sand dune mining as defined in part 637. See Michigan Laws 324.35301
- Critical dune area: means a geographic area designated in the "atlas of critical dune areas" dated February 1989 that was prepared by the department of natural resources. See Michigan Laws 324.35301
- Department: means the department of environmental quality. See Michigan Laws 324.35301
- local unit: means a municipality or county. See Michigan Laws 324.301
- Model zoning plan: means the model zoning plan provided for in section 35304 to 35309 and 35311a to 35324. See Michigan Laws 324.35301
- Permit: means a permit for a use within a critical dune area under this part. See Michigan Laws 324.35301
- Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.301
- Use: means a developmental, silvicultural, or recreational activity done or caused to be done by a person that significantly alters the physical characteristic of a critical dune area or a contour change done or caused to be done by a person. See Michigan Laws 324.35301
- Zoning ordinance: means an ordinance of a local unit of government that regulates the development of critical dune areas within the local unit of government pursuant to the requirements of this part. See Michigan Laws 324.35301
(1) Unless a variance is granted pursuant to section 35317, a zoning ordinance shall not permit the following uses in a critical dune area:
(a) A structure and access to the structure on a slope within a critical dune area that has a slope that measures from a 1-foot vertical rise in a 4-foot horizontal plane to less than a 1-foot vertical rise in a 3-foot horizontal plane, unless the structure and access to the structure are in accordance with a site plan prepared for the site by a registered professional architect or a licensed professional engineer and the site plan provides for the disposal of storm waters without serious soil erosion and without sedimentation of any stream or other body of water.
(b) A use on a slope within a critical dune area that has a slope steeper than a 1-foot vertical rise in a 3-foot horizontal plane.
(c) A use involving a contour change if the local unit of government or the department determines that it is more likely than not to increase erosion or decrease stability.
(d) Silvicultural practices, as described in the “forest management guidelines for Michigan”, prepared by the society of American foresters as revised in 2010, if the local unit of government or the department determines that they are more likely than not to increase erosion or decrease stability.
(e) A use that involves a vegetation removal if the local unit of government or the department determines that it is more likely than not to increase erosion or decrease stability.
(2) If the local unit of government is not certain of the degree of slope on a property for which a use permit is sought, the local unit may require that the applicant supply contour maps of the site with 5-foot intervals at or near any proposed structure or roadway.
(3) The department shall develop guidelines to describe the method by which the department and local units of government measure slopes to implement the requirements of the zoning ordinance or the model zoning plan.
(4) If a person is ordered by the department, or by a local unit of government that is enforcing a zoning ordinance authorized under this part, to restore a critical dune area that has been degraded by that person, the department or local unit of government shall establish a procedure by which the restoration of the critical dune area is monitored to assure that the restoration is completed in a satisfactory manner.