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HB 5707

Environmental protection: permits; exemption to permitting requirements for construction of certain residential ponds; provide for. Amends secs. 30103 & 30305 of 1994 PA 451 (MCL 324.30103 & 324.30305).

2025-2026 Regular Session Introduced by Greg Alexander and 21 co-sponsors

HB 5707 would exempt small, noncommercial residential ponds under 1 acre from state Part 301 permits and related wetland permits.

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Bill Summary · HB 5707

Summary of HB 5707 (2025-2026) – Michigan

Purpose and intent

  • HB 5707 would amend the Natural Resources and Environmental Protection Act (NREPA) to create an exemption from Part 301 permitting requirements and related wetland regulations for the excavation or construction of certain residential ponds.
  • The exemption applies to ponds on land zoned for residential or agricultural use that are noncommercial and have a total surface area of less than one acre after excavation or construction.

Key provisions and changes

  • Amends two sections:
    • Section 30103: Adds an exemption from Part 301 permits for the excavation or construction of a pond meeting the conditions described below.
    • Section 30305: Adds an exemption from wetland permits for the same pond project, subject to applicable laws and regulations.
  • Conditions for exemption:
    • The pond, after excavation or construction, must be less than 1 acre in total surface area.
    • The pond must be for noncommercial, residential use.
  • Definitions clarified:
    • “Residential use” means use of land, buildings, or structures for human homes or dwelling places.
    • “Water withdrawal” and “agricultural drain” definitions used elsewhere in the act remain as in current law.
  • The exemption would apply to the specific activity of excavating or constructing a pond on land zoned for residential or agricultural use, provided the above size and use criteria are met.
  • The bill maintains existing exemptions and permitted activities listed in Section 30103 and Section 30305, including other ongoing grandfathered activities (e.g., certain drain maintenance, private ponds, drainage projects, etc.), but adds this new pond exemption to the list.

Who or what would be affected

  • Property owners with land zoned for residential or agricultural use who plan to excavate or construct a small, noncommercial pond (under 1 acre) would be exempt from Part 301 permit requirements and related wetland permits.
  • State regulatory program effects would be felt by the Department of Environment, Great Lakes, and Energy (EGLE), which administers land and water permit programs and wetlands regulation. The exemption could reduce permit processing for these pond projects.

Procedural and timeline aspects

  • The bill was introduced and referred to the Natural Resources and Tourism committee in March 2026.
  • It includes standard legislative analysis outlining potential fiscal impacts but does not propose new funding; rather, it indicates a potential reduction in permit-related revenue to EGLE (see fiscal impact section below).

Estimated fiscal impact

  • The House Fiscal Agency notes HB 5707 is likely to reduce revenue for EGLE by expanding exemptions from Land and Water Permit Fees. EGLE’s land and water program revenue is approximately $2.1 million annually, supporting core programs such as flood hazard management, dam safety, wetlands regulation, and related oversight.
  • The bill is unlikely to affect state or local government costs significantly beyond potential revenue reductions; no explicit new costs are projected for departments or local governments.

Practical considerations

  • If enacted, the exemption could streamline small residential pond projects, reducing regulatory delays for qualifying homeowners.
  • Some environmental groups may seek clarifications to ensure “noncommercial, residential use” is interpreted consistently and to address potential cumulative effects on wetlands and water resources.
  • Local planning or HOA rules may remain applicable; this bill does not modify local land-use regulations beyond state permit requirements.

Overall, HB 5707 would create a narrowly scoped exemption for small, noncommercial residential ponds, potentially simplifying regulatory requirements for certain homeowners while maintaining other protections and exemptions already in current law.

Compiled from official sources — confirm details with the bill’s official record.

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