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HB 5082

Natural resources: wetlands; wetland delineation regulations; provide for. Amends sec. 30321 of 1994 PA 451 (MCL 324.30321).

2025-2026 Regular Session Introduced by Timmy Beson and 3 co-sponsors

HB 5082 requires DEQ to complete wetland assessments within 60 days, issue binding non-wetland determinations for 3 years, and charge no assessment fee.

REFERRED TO COMMITTEE ON NATURAL RESOURCES AND AGRICULTURE
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Bill Summary · HB 5082

Summary — HB 5082 (2025)

Amends section 30321 of the Natural Resources and Environmental Protection Act (1994 PA 451; MCL 324.30321).

Main purpose

HB 5082 clarifies procedural rules and timelines for state wetland assessments, limits fees for those assessments, and confirms certain definitions and evidentiary requirements used in wetland delineations. The bill is intended to provide property owners greater certainty and faster written determinations about whether land is regulated as wetland under state law.

Key provisions and changes

  • Assessment requests: a property owner or lessee may request a wetland assessment using a department-provided form, with signature, legal description, map, and permission to enter the property.
  • Assessment timeline: requires the department to complete the assessment within 60 days after the request (text shows “reasonable time 60 days”).
  • Assessment report contents: report must identify wetland locations, describe activities that would require permits if wetland is present, state jurisdictional non-wetland findings that are binding for 3 years, include assessment date, and advise on reassessment, federal/local jurisdiction, and other relevant state regulatory programs (Parts 31, 91, 301, 323, 325, 353).
  • Contiguity determinations: a separate written determination about whether a wetland is contiguous to the Great Lakes, Lake St. Clair, an inland lake/pond, or a stream must be made within 30 days after an on-site evaluation. “Pond” excludes farm/stock ponds consistent with section 30305(2)(g).
  • Exclusions: agricultural drains (per sec. 30305) are not considered when determining contiguity. Drainage structures (culverts, ditches, channels) and temporary drainage obstructions are not, by themselves, wetlands.
  • Reassessment: owners may request reassessment if they submit new or different evidence about vegetation, soils, or hydrology; reassessments follow the same procedural requirements.
  • Fees and records:
    • The bill’s text appears to eliminate charging a fee for assessments (language shows “may shall not charge a fee” and also removes fee-based language); it also explicitly states there is no fee under the blueberry production assistance program.
    • The department must, upon applicant request and without charge, provide copies of any delineation forms it completed in association with a permit application.

Who is affected

  • Primary: landowners and lessees requesting wetland assessments (including farmers, developers, and homeowners).
  • State agency: Department of Environmental Quality (DEQ) / department responsible for conducting assessments — operations and workload/timing are affected.
  • Secondary: local governments, permit applicants, and regulated parties relying on wetland determinations; federal jurisdiction is unaffected by state determinations.

Procedural / timeline status

  • Introduced: March 13, 2025 (Rep. Tom Kunse listed as introducer on 09/26/2025 filing).
  • Committee activity: public hearing and committee substitute considered April 25, 2025; left pending. Referred to Committee on Natural Resources and Tourism on 09/26/2025 after electronic reproduction.
  • Related legislation: companion bill SB 1870.

Observations / potential impacts

  • Provides property owners quicker, time‑bound answers and three years of certainty for non-wetland determinations, which may reduce permitting delays and transactional uncertainty.
  • Eliminating assessment fees (as the bill appears to do) would shift assessment costs to the state and could increase demand for assessments, potentially straining departmental resources unless funded.
  • The bill preserves that state determinations do not substitute for federal (e.g., USACE) or local wetland jurisdictional determinations.
  • The bill text contains minor drafting inconsistencies (e.g., “may shall not charge”), which could require clarifying amendments.

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

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