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SB 398

Natural resources: inland lakes; structure or fill on inland lake or stream bottomlands; authorize DEGLE to issue emergency order concerning. Amends 1994 PA 451 (MCL 324.101 - 324.90106) by adding sec. 30111d.

2023-2024 Regular Session Introduced by Mary Cavanagh and 6 co-sponsors

Michigan authorizes emergency regulatory orders to protect inland lake and stream bottomlands from unauthorized structures or fill material, enabling swift environmental response.

ASSIGNED PA 0102'24
#naturalresources:inlandlakes #stateagencies(existing):environment #greatlakes #andenergy
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Bill Summary · SB 398

Legislative bill overview

SB 398 amends Michigan's Natural Resources and Environmental Protection Act to authorize the Department of Environment, Great Lakes, and Energy (DEGLE) to issue emergency orders regarding structures or fill on inland lake and stream bottomlands. The bill became law in July 2024 after gubernatorial approval.

Why is this important

Inland lakes and streams provide critical ecosystem services including water filtration, habitat, and recreational value. This law enables rapid regulatory response to unauthorized or threatening activities on these waterbodies without requiring lengthy standard permitting procedures, potentially protecting aquatic resources from irreversible damage.

Potential points of contention

  • Property rights vs. environmental protection: Property owners may view emergency orders as government overreach limiting their land use rights without full due process procedures
  • Emergency order scope and oversight: The bill's language on what constitutes grounds for emergency orders and whether there are adequate appeals mechanisms or judicial review standards may be unclear
  • Economic impacts on development: Developers and industries relying on lakefront or streambed projects could face project delays or costs from emergency restrictions, versus conservation groups arguing protections don't go far enough

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

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