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HB 4385

Natural resources: shorelands; temporary erosion control structures; authorize without permit during high water levels. Amends secs. 32312, 32312a & 32510 of 1994 PA 451 (MCL 324.32312 et seq.) & adds sec. 32510a.

2025-2026 Regular Session Introduced by Joey Andrews and 15 co-sponsors

Allows soft erosion-control structures on Great Lakes shorelands without Part 323/325 permits if conditions are met, while giving landowners deference over public access.

recommendation concurred in
#naturalresources:greatlakes #naturalresources:shorelands #naturalresources:soilanderosion #stateagencies(existing):environment #greatlakes #andenergy
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Bill Summary · HB 4385

HB 4385 — Summary (Natural resources: shorelands; temporary erosion control structures)

Status: Recommendation concurred in (reported with substitute H‑2)
Introduced: Filed 03/11/2025; introduced 04/23/2025 by Rep. Joey Andrews; referred to Natural Resources & Tourism; reported 06/25/2025.

Purpose

HB 4385 amends the Natural Resources and Environmental Protection Act (NREPA) to (1) authorize certain temporary/soft erosion‑control measures on Great Lakes shorelands and bottomlands without a Part 323 or Part 325 permit when specific conditions are met, and (2) require the Department of Environment, Great Lakes, and Energy (EGLE) to give deference to a landowner’s rights over public access rights when reviewing Part 323 permit applications.

Key provisions

  • Expands materials allowed for above‑grade movable walls under section 32312a to include:
    • Stone;
    • Biodegradable materials;
    • Soft, permeable synthetic textile material made of polypropylene or polyester, containing ≤ 4% carbon black and not containing BPA.
  • Creates a new exemption (new sec. 32510a and parallel amendment to 32312a) so a permit is NOT required under Part 323 or Part 325 for a “soft erosion control structure” when all of these apply:
    • Installed on shoreland or bottomlands of Lake Superior, Michigan, Huron, Erie, or Lake St. Clair.
    • Constructed with sandbags, sand‑filled geotubes, or geotextile tubes made of biodegradable materials or the permitted soft textile described above (no BPA).
    • Installed per manufacturer recommendations.
    • To the extent reasonably possible, does not extend into the lake or impair shoreline walkability/dune preservation.
    • Property owner files a written notice with EGLE before installation including owner contact, physical location description, materials to be used, and any other information EGLE requires.
  • Conditions for structures to remain in place:
    • Must not impede shoreline walkability when water is below the ordinary high‑water mark (OHWM).
    • Majority of structure must be covered by sand or otherwise not visible; visible parts must show no signs of degradation.
  • Replacement and removal:
    • Owner may apply for a Part 323 permit to replace a soft structure with a hard wall revetment; the soft structure may remain until EGLE issues the permit.
    • If an operational septic system is within 100 feet of the wave cut, the owner may install a hard revetment without a Part 323 permit.
    • Removal of a soft erosion control structure does not require a Part 323 permit.
  • Enforcement/penalties:
    • Violations of the new section are classified as “minor offenses” under sec. 32510 (fine up to $500 per violation), similar to failure to obtain a Part 323 permit.

Who is affected

  • Shoreline property owners along Michigan’s Great Lakes and Lake St. Clair who face erosion: easier, quicker option to install temporary/soft measures without obtaining EGLE permits if conditions are met.
  • EGLE: changes permit review considerations (landowner deference) and likely fewer permit applications for qualifying soft structures.
  • Public: potential impacts on public shoreline access and long‑term shoreline management; bill includes walkability and dune preservation conditions.

Fiscal and administrative impact

  • Likely reduction in EGLE permit fee revenue because more projects would be exempt; extent unclear. House Fiscal Agency notes land & water permits collectively generate about $2.1 million annually; program costs are largely unchanged by the bill.

Procedural notes / timeline

  • Amends MCL 324.32312, 324.32312a, 324.32510 and adds MCL 324.32510a.
  • Reported out of committee with substitute (H‑2) and recommendation concurred in on 06/25/2025. Further floor or Senate actions would be required for enactment.

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

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