2. Definitions

3. State & Federal Permit Requirements

4.Administration

5. Activities

6. Application

7. Review

8. Mitigation & Restoration

9. Fees, Penalties & Enforcement

10. State Notification

11. Ordinance Conflict

12. Property Tax Assessment

13. Effective Date

14. Certification

1. Wetland Protection Act, enforced by the Michigan Department of Environmental Quality which is hereinafter referred to as the MDEQ;
   
2. Inland Lakes and Streams Act, Section 30101 et seq. of the Natural Resources and Environmental Protection Act (Act 451 of 1994 [previously Act 346, Public Acts of 1972, as amended]) enforced by the MDEQ;
   
3. Soil Erosion and Sedimentation Control Act, Section 9101 et seq. of the Natural Resources and Environmental Protection Act (Act 451 of 1994 [previously Act 347, Public Acts of 1972, as amended]), enforced by the County of Livingston;
   
4. Floodplain Regulatory Authority, incorporated into the Natural Resources and Environmental Protection Act (Act 451 of 1994 [previously Act 245, Public Acts of 1929, as amended]), enforced by the MDEQ.

C. Compliance with the Michigan Environmental Protection Act which imposes a duty on government agencies and private individuals and organizations to prevent or minimize degradation of the environment which is likely to be caused by their activities.

D. The establishment of standards and procedures for the review and regulation of the use of wetlands and watercourses.

E. The establishment of penalties for violation of this Ordinance.

F. A procedure for appealing decisions.

G. The establishment of enforcement procedures and penalties for the violation of this Ordinance.

H. Assurance that the right to reasonable use of private property is maintained.

Section 1.3 - Construction and Application

The following rules of construction apply in the interpretation and application of this Ordinance:

A. In the case of a difference of meaning or implication between the text of this Ordinance and any caption or illustration, the text shall control.

B. Particulars provided by way of illustration or enumeration shall not control general language.

Section 1.4 - Applicability to Private and Public Agency Activities and Operations

The provisions of this Ordinance, including wetland use permit requirements and criteria for wetland use permit approval, shall apply to activities and operations proposed by federal, state, local and other public agencies as well as private organizations and individuals.


SECTION 2 - DEFINITIONS

Section 2.1 - Definition of Terms

Terms not specifically defined shall have the meaning customarily assigned to them.

CONTIGUOUS shall mean any of the following:

A. A permanent surface water connection or any other direct physical contact with an inland lake or pond, a river or stream.

B. A seasonal or intermittent direct surface water connection to an inland lake or pond, a river or stream.

C. Partially or entirely located within five hundred (500') feet of the ordinary high water mark of an inland lake or pond or a river or stream, unless it is determined by the (Township/Municipality) or the MDEQ in accordance with Rule 281.924 of the Wetland Administrative Rules, adopted in connection with the Wetland Protection Act, that there is no surface or groundwater connection to these waters.

D. Two (2) or more areas of wetland shall be considered contiguous where separated only by barriers, such as dikes, roads, berms, or other similar features, but with any of the wetland areas contiguous under the criteria described in Subsections ( 1)(2) or (3) of this definition.

DEPOSIT means to fill, place or dump.

LOT means a designated parcel, tract, building site or other interest in land established by plat, subdivision, conveyance, condominium master deed, or as otherwise permitted by law, to be used, developed or built upon as a unit.

MATERIAL shall mean soil, sand, gravel, clay, peat moss and other organic material.

MITIGATION shall mean: ( 1) methods for eliminating or reducing potential impact to regulated wetlands; or (2) creation of new wetlands to offset unavoidable loss of existing wetlands.

PERSON means an individual, sole proprietorship, partnership, corporation, association, municipality, this state, any instrumentality or agency of this state, the federal government, or any instrumentality or agency of the federal government, or other legal entity.

PROTECTED WETLANDS shall mean any of the following:

A. All wetlands subject to regulation by the MDEQ including:

1. Wetlands, regardless of size, which are contiguous to any lake, stream, river, or pond whether partially or entirely contained within the project site.
2. Wetlands, regardless of size, which are partially or entirely within five hundred (500) feet of the ordinary high water mark of any lake, stream, river or pond unless it is determined by the MDEQ that there is no surface water or groundwater connection between the wetland and the water body.
3. Wetlands which are larger than five (5) acres, whether partially or entirely contained within the project site, and which are not contiguous to any lake, stream, river, or pond.
4. Wetlands, regardless of size, which are not contiguous to any lake, stream, river, or pond, if the MDEQ determines the protection of the wetland is essential to the preservation of the natural resources of the state from pollution, impairment or destruction.

B. All wetlands subject to regulation by the (Township/Municipality) including:

1. Wetlands two (2) to five (5) acres in size, whether partially or entirely contained within the project site, which are not contiguous to any lake stream, river or pond.
2. Wetlands smaller than two (2) acres in size which are not contiguous to any lake, stream, river or pond and are determined to be essential to the preservation of the natural resources of the (Township/Municipality) as provided for in Section 7.6 of this Ordinance.

RUNOFF shall mean the surface discharge of precipitation to a watercourse, drainageway, swale, or depression.

REMOVE means to dig, dredge, suck, pump, bulldoze, drag line, or blast.

RESTORATION means to return from a disturbed or totally altered condition to a previously

SEASONAL shall mean any intermittent or temporary activity which occurs annually and is subject to interruption from changes in weather, water level, or time of year, and may involve annual removal and replacement of any operation, obstruction, or structure.

STRUCTURE shall mean any assembly of materials above or below the surface of the land or water, including but not limited to, buildings, bulkheads, boardwalks, piers, docks, landings, dams, waterway obstructions, paving, gravel, and roadways, poles, towers, cables, pipelines, drainage tiles, and other underground installations.

(TOWNSHIP/MUNICIPALITY) BOARD shall mean the legislative body of (Community Name)(Township/Municipality), Livingston County, Michigan.

(TOWNSHIP/MUNICIPALITY) WETLAND MAP refers to the (Community Name)(Township/Municipality) Wetland Map, based on the National Wetland Inventory Map of the U.S. Fish and Wildlife Service; the Michigan Resource Information System Mapping (MIRIS) of the Michigan Department of Environmental Quality; the soils maps of the Soil Conservation Service; aerial photography; and on site inspections.

WATERCOURSE shall mean any waterway including a river, stream, lake, pond or any body of surface water having definite banks, a bed and visible evidence of a continued flow or continued occurrence of water.

WETLAND shall mean land characterized by the presence of water at a frequency and duration sufficient to support and that under normal circumstances does support wetland vegetation or aquatic life and is commonly referred to as a bog, swamp or marsh.

WETLAND ADMINISTRATOR shall mean a person(s) knowledgeable in wetland protection, appointed to administer this Ordinance and to carry out certain duties hereunder. Any firm or individual appointed on a contract basis.

WETLAND USE PERMIT shall mean the (Township/Municipality) approval required for activities in wetlands and watercourses described in Section 7 of this Ordinance.

WETLAND VEGETATION shall mean plants, including but not limited to, trees, shrubs, and herbaceous plants, that exhibit adaptations to allow, under normal conditions, germination or propagation and to allow growth with at least their root systems in water or saturated soil.


SECTION 3 - RELATIONSHIP TO STATE AND FEDERAL PERMIT
REQUIREMENTS

Whenever persons requesting a wetland use permit are also subject to state and/or federal permit requirements, the following shall apply:

A. The (Township/Municipality) shall have jurisdiction for the regulation of wetlands under this Ordinance concurrent with the jurisdiction of the Michigan Department of Environmental Quality.

B. Approvals under this Ordinance shall not relieve a person of the need to obtain a permit from the MDEQ and/or the U.S. Army Corps of Engineers, if required.

C. Issuance of a permit by the MDEQ and/or the U.S. Army Corps of Engineers shall not relieve a person of the need to obtain approval under this Ordinance, if applicable.


SECTION 4. ADMINISTRATION

Section 4.1 - (Township/Municipality) Wetland Map

The (Township/Municipality) Wetland Map is a guide to the location of wetlands in (Community Name)(Township/Municipality). The Map shall be used in the administration of this Ordinance.

The (Township/Municipality) Wetland Map, together with all explanatory matter thereon and attached thereto, as may be amended through the Wetland Verification and Delineation process, is hereby adopted by reference and declared to be a part of this Ordinance. The (Township/Municipality) Wetland Map shall be on file in the office of the (Township/Municipality) Clerk.

The (Township/Municipality) Wetland Map shall serve as a general guide for the location of protected wetlands. The (Township/Municipality) Wetland Map does not create any legally enforceable presumptions regarding whether property that is or is not included on the inventory map is or is not in fact a wetland.

The Wetland Verification Process, as set forth herein, shall be used to verify wetland on properties where wetland is shown on the Wetland Map or on properties where wetland exist as defined in Section 2.1 herein. The Wetland Delineation Process, as set forth herein, shall be used to establish the actual boundaries of wetlands in the (Township/Municipality). The identification of the precise boundaries of wetlands on a project site shall be the responsibility of the applicant and verified by the Wetland Administrator.

A. Wetland Verification Process

1. The (Township/Municipality) or property owners of wetland may initiate a verification of the areas shown on the (Township/ Municipality) Wetland Map as wetland or on properties where wetland exists as defined in Section 2.1 herein. The verification shall be limited to a finding of wetland or no wetland by the Wetland Administrator. The finding shall be based on, but not limited to, aerial photography, topographical maps, site plans, and field verification.
2. In the event that there is a finding of no wetland on the property, then no further determination would be required and the finding shall be included in the Map Amendment Process (found later in this Section).
3. In the event that there is a finding of wetland, then the establishment of the exact boundary through a wetland delineation shall be required to alter the (Township/Municipality) Wetland Map through the Map Amendment Process.
4. The applicant shall pay fees for the Wetland Verification Process as established in Section 9.1.

B. Wetland Delineation Process

Prior to the issuance of any permit or land development approval for a lot which is shown to include a wetland on the (Township/Municipality) Wetland Map, the applicant may be required to provide a wetland delineation to the (Township/Municipality). The Wetland Administrator shall determine whether a delineation is required, based on the proximity and relationship of the project to the wetland.

1. To establish actual wetland boundaries on a property, the applicant shall provide a survey or dimensional site plan, drawn at an appropriate scale, showing property lines, buildings and any points of reference along with the wetland boundaries, according to one of the following:
   (a) Wetland delineation by the Michigan Department of Environmental Quality (MDEQ).
   (b) Wetland delineation by the applicant's wetland consultant subject to review and approval by the (Township/Municipality)'s Wetland Consultant.
2. Where a wetland delineation is required by this Section, the (Township/Municipality) Wetland Consultant shall establish wetland boundaries following receipt of the above required information and after conducting a field investigation.
3. The applicant shall pay fees for the Wetland Delineation Process as established in Section 9.1.

C. Map Amendment

1. The (Township/Municipality) Wetland Map shall be updated when new data is available or when corrections are needed in order to maintain the integrity of the map.
2. The (Township/Municipality) shall ensure that each record owner of property on the property tax roll shall be notified of any amendment to the (Township/Municipality) Wetland Inventory Map on an annual basis. The notice shall include the following information:
   (a) the (Township/Municipality) wetland map has been amended;
   (b) the location to review the map;
   (c) the owner's property may or may not be designated as a wetland on the map;
   (d) the (Township/Municipality) has an ordinance regulating wetlands;
   (e) the map does not necessarily include all of the wetlands within the (Township/Municipality) that may be subject to the wetland ordinance.
   
   

SECTION 5 - ACTIVITIES IN A PROTECTED WETLAND OR
WATERCOURSE

Section 5.1 - Activities Prohibited Without First Obtaining A Wetland Use Permit

Except for those activities expressly permitted by Section 5.2, it shall be unlawful for any person to do any of the following in a protected wetland or watercourse unless and until a wetland use permit is obtained from the (Township/Municipality) pursuant to this Ordinance.

A. Deposit or permit to be deposited any material or structures into any watercourse or within or upon any protected wetlands.

B. Remove or permit to be removed any material from any watercourse or from any protected wetland.

C. Dredge, fill or land balance watercourses or protected wetlands.

D. Create, enlarge, diminish or alter a lake, pond, creek, stream, river, drain or protected wetland.

E. Construct, operate or maintain any development in or upon protected wetlands or watercourses.

F. Erect or build any structure, including but not limited to, buildings, roadways, bridges, tennis courts, paving, utilities, or private poles or towers in or upon protected wetlands or watercourses.

G. Construct, extend or enlarge any pipe, culvert, or open or closed drainage facility which discharges silt, sediment, organic or inorganic materials, chemicals, fertilizers, flammable liquids or any other pollutants to any lake, stream, pond, creek, river, protected wetland, or watercourse, except through a retention area, settling basin, or treatment facility designed to control and eliminate the pollutant. This Subsection shall apply to all land uses except single family uses.

H. Construct, enlarge, extend or connect any private or public sewage or waste treatment plant discharge to any lake, stream, river, pond, watercourse, or protected wetland except in accordance with the requirements of Livingston County, State of Michigan and/or the United States, to the extent that such entities have jurisdiction.

I. Drain, or cause to be drained, any water from a protected wetland or watercourse.

J. Fill or enclose any ditch which would result in a significant reduction of storm water absorption and filtration into the ground or would otherwise have an adverse impact on receiving watercourses or wetlands.

Section 5.2 - Permitted Activities

1) Notwithstanding the prohibitions of Section 5.1, the following activities are permitted within watercourses or protected wetlands without a wetland use permit, unless otherwise prohibited by statute, ordinance or regulation:

1. Fishing, trapping, or hunting.
   
   
2. Swimming or boating.
   
   
3. Hiking.
   
   
4. Grazing of animals.
   
   
5. Farming, horticulture, silviculture, lumbering, and ranching activities, including plowing, irrigation, irrigation ditching, seeding, cultivating, minor drainage, harvesting for the production of food, fiber, and forest products, or upland soil and water conservation practices. Wetland altered under this subdivision shall not be used for a purpose other than a purpose described in this subsection without a permit from the department.
   
   
6. Maintenance or operation of serviceable structures in existence on October 1, 1980 or constructed pursuant to this part of former Act No. 203 of the Public Act of 1979.
   
   
7. Construction or maintenance of farm or stock ponds.
   
   
8. Maintenance, operation, or improvement which includes straightening, widening, or deepening of the following which is necessary for the production or harvesting of agricultural products:
   
   1. An existing private agricultural drain.
   
   2. That portion of a drain legally established pursuant to the drain code of 1956, Act No. 203 of the Public Acts of 1956, being sections 280.1 to 280.630 of the Michigan Compiled Laws, w which has been constructed or improved for drainage purposes.
   
   3. A drain constructed pursuant to other provisions of this part or former Act No. 203 of the Public Acts of 1979.
   
   
9. Construction or maintenance of farm roads, forest roads, or temporary roads for moving mining or forestry equipment, if the roads are constructed and maintained in a manner to assure that any adverse effect on the wetland will be otherwise minimized.
   
   
10. Drainage necessary for the production and harvesting of agricultural products if the wetland is owned by a person who is engaged in commercial farming and the land is to be used for the production and harvesting of agricultural products. Except as otherwise provided in this part, wetland improved under this subdivision after October 1, 1980 shall not be used for non-farming purposes without a permit from the department. This subdivision shall not apply to a wetland which is contiguous to a lake or stream, or to a tributary of a lake or stream, or to a wetland that the department has determined by clear and convincing evidence to be a wetland that is necessary to be preserved for the public interest, in which case a permit is required.
    
    
11. Maintenance or improvement of public streets, highways, or roads, within the right-of-way and in which in such a manner as to assure that any adverse effect on the wetland will be otherwise minimized. Maintenance or improvement does not include adding extra lanes, increasing the right-of-way, or deviating from the existing location of the street, highway, or road.
    
    
12. Maintenance, repair, or operation of gas or oil pipelines and construction of gas or oil pipelines having a diameter of 6 inches or less, if the pipelines are constructed, maintained, or repaired in a manner to assure that any adverse effect on the wetland will be otherwise minimized.
    
    
13. Maintenance, repair, or operation of electric transmission and distribution power lines and construction of distribution power lines, if the distribution power lines are constructed, maintained, to repaired in a manner to assure that any adverse effect on the wetland will be otherwise minimized.
    
    
14. Operation or maintenance, including reconstruction of recently damaged parts, of serviceable dikes and levees in existence on October 1, 1980 or construction pursuant to this part or former Act No. 203 of the Public Acts of 1979.
    
    
15. Construction of iron and copper mining tailings basins and water storage areas.

2) An activity in a wetland that was effectively drained for farming before October 1, 1980 and that on and after October 1, 1980 has been continued to be effectively drained as part of an ongoing farming operation is not subject to regulation under his part.

3) A wetland that is incidentally created as a result of 1 or more of the following activities is not subject to regulation under his part:

1. Excavation for material or sand mining, if the area was not a wetland before excavation. This exemption does not include a wetland on a adjacent to a water body of 1 acre or more in size.
2. Construction and operation of a water treatment pond or lagoon in compliance with the requirements of state or federal water pollution control regulations.
3. A dike area associated with a landfill if the landfill complies with the terms of the landfill construction permit and if the dike area was not a wetland before diking.

Section 5.3 - Existing Non-conforming Lots, Uses and Structures

Lots, uses and structures lawfully existing at the effective date of this Ordinance shall be subject to the requirements of this Ordinance, except as follows:

A. Plats that have received tentative preliminary or later approval and site plans and condominium plans approved prior to the effective date of this Ordinance shall be entitled by right to all uses authorized by those approvals according to the zoning district in which the property is located, and provided that said lots have buildable sites outside of the wetland. Lots which do not have a buildable site outside of the wetland shall require a wetland use permit prior to any construction on said lot.

B. Any activity, structure, or use lawfully existing prior to the effective date of this Ordinance, but not in conformity with the provisions of this Ordinance, may be continued, maintained and operated.

C. Any structure lawfully existing prior to the effective date of this Ordinance damaged by fire, explosion, act of God, or other causes beyond the control of the owner, may be restored, rebuilt, or repaired without obtaining a wetland use permit.


SECTION 6 - APPLICATION

Application for approval, appeal, and issuance of wetland use permits shall be concurrent with the application for approval, appeal, and issuance of other necessary (Township/Municipality) approvals, except that in the case of any such application for another approval which is pending on the effective date of this Ordinance and which has not been approved and which, by the terms of this Ordinance, would require a wetland use permit application, the applicant shall be notified by the Wetland Administrator that an application for a wetland use permit is required, and processing of the other application shall not proceed until the wetland use permit application has been filed. The applicant for a wetland use permit shall submit four copies of the following to the (Township/Municipality):

A. An application completed in full, on a form supplied by the Michigan Department of Environmental Quality.

B. A wetland delineation including, but not limited to the following information: dominant tree, sapling, shrub and herb vegetation; presence or lack of accepted wetland hydrology indicators; analysis of soil including a description of the soil profile to at least 20 inches and comparison to Livingston County Soil Survey and maps of the wetland(s) mapped. Mapped data shall be represented in a manner that allows comparison to the (Community Name)(Township/Municipality) Wetland Map.

C. Soil drainage and stormwater management plans.

D. A mitigation plan, if the proposed activity will result in the loss of wetland resources.

E. A cover letter signed by the applicant including the following information:

1. Name of project and brief description.
2. Date upon which the activity is proposed to commence.
3. Explanation of why the project meets the wetland use permit standards and criteria contained in this Ordinance.
4. List of all federal, state, county or other local government permits or approvals required for the proposed project including permit approvals or denials already received. In the event of denials, the reasons for denials shall be given. Attach copies of all permits which have been issued.
5. Identification of any present litigation involving the property.

F. The wetland use permit application shall be reviewed, either prior to or concurrent with the review of the site plan, plat or other proposed land use submitted by the applicant, with the understanding that the land use review may not be completed at the time the decision is rendered on the wetland use permit application. Election of this alternative may require a reopening of the wetland use permit application if the land use approval is inconsistent with the wetland use permit approval; or,

G. Copies of wetland permit applications filed with the MDEQ and forwarded to the (Township/Municipality) in accordance with Section 30307(6) of Wetland Protection Act shall become part of the application for a (Community Name)(Township/Municipality) wetland use permit.


SECTION 7 - REVIEW

Section 7.1 - Method of Review of Wetland Permit Application

A. Before a wetland use permit application is submitted, the necessity of the wetland use permit shall be determined by the Wetland Administrator, or designee by reference to the "(Township/Municipality) Wetland Map".

B. Whenever a wetland use permit is required, applicant may request an administrative meeting with the Wetland Administrator to review the proposed activity in light of the purposes of this Ordinance.

C. Upon receipt of an application, the (Township/Municipality) shall ensure that all required information including a wetland determination has been submitted. The receipt of the application shall constitute permission from the owner to complete an on-site investigation. Applicant will pay fees as established in Section 9.1.

D. The (Township/Municipality) Clerk shall transmit one copy of the application and supporting materials to the (Township/Municipality) Wetland Consultant to confirm the boundaries of the wetland and to review the proposal in light of the purpose and review standards of Section 7 and other applicable sections of this Ordinance. If an application is not complete, the applicant may be granted additional time to complete the application provided that the applicant agrees that the additional time shall not be charged against the (Township/Municipality)'s 90-day time limit for making a decision. The receipt of the application shall constitute permission from the owner to conduct an on

E. The (Township/Municipality) Wetland Consultant shall prepare and transmit a report and recommendation to the Wetland Administrator documenting the review required by Section 7.1 D.

F. Upon receipt of an application, the (Township/Municipality) Clerk shall:

1. Transmit one copy of the application to the Michigan Department of Environmental Quality.
2. Advise the applicant of his/her obligation to post the subject property with a sign that shall be no less than two (2) square feet in size. The sign shall be clearly visible from the abutting street(s) and shall state that an application has been filed for a wetland use permit on the property.

Section 7.2 - Wetland Use Permit Decisions by the Wetland Administrator

The following process shall apply to wetland use permit decisions by the Wetland Administrator:

A. For wetland use permit applications submitted in conjunction with activities that do not require approval by the Planning Commission and/or (Township/Municipality) Board, the Wetland Administrator shall approve, approve with conditions or deny the application within 90 days after receipt of an application.

B. Persons wishing to comment on the application must submit their comments in writing to the Wetland Administrator prior to the date and time set in the notice. Persons wishing to receive notice of the Wetland Administrator's decision must submit a written request to the Wetland Administrator.

C. After completing the review and reviewing the written comments, the Wetland Administrator shall approve, approve with modifications or conditions, or deny the wetland use permit application in accordance with the standards of this Ordinance.

D. When a wetland use permit is approved, approved with modifications or conditions, or denied, written notice shall be sent to the applicant and to all persons who have requested notice of the Wetland Administrator's decision. A permit approved by the Wetland Administrator shall not be issued or effective until ten (10) calendar days following the date of approval.

Section 7.3 - Wetland Use Permit Decisions by Planning Commission or the (Township/Municipality) Board

The following process shall apply to wetland use permit decisions by the (Township/Municipality) Planning Commission or by the (Township/ Municipality) Board:

A. Wetland use permit applications submitted in conjunction with a related land development activity shall be decided by the same entity that decides the related land development activity consistent with the Wetland Protection Act. The Planning Commission shall decide any wetland use permits in conjunction with special use permit applications or site plan applications and shall require that the delineation and wetland use permit application requests be submitted prior to the special use permit hearing. The Wetland Administrator shall transmit application materials and the report and recommendation prepared by the (Township/Municipality) Wetland Consultant to the Planning Commission or (Township/Municipality) Board as applicable.

B. After review and study of the application materials and the (Township/ Municipality) Wetland Consultant's report and recommendation, the (Township/Municipality) Planning Commission or (Township/Municipality) Board, as applicable, may hold one public hearing after publication in a newspaper of general circulation in the (Township/Municipality) not less than five (5) days nor more than fifteen ( 15) days prior to the date of the hearing. Such notice shall indicate the place, time and subject of the hearing and the place and time the proposed wetland use permit may be examined. The wetland use permit hearing may be held in conjunction with a review of the related land use request(s).

C. In the event of a public hearing, notice shall be sent by mail or personal delivery to the owners of property for which approval is being considered, and to all owners of property, as listed on the most recent tax roll, within 300 feet of the boundary of the property in question. Notification need not be given to more than one (1) occupant of a structure, except that if a structure contains more than one (1) dwelling unit or spatial area owned or leased by different persons, one (1) occupant of each unit shall receive notice. In the case of a single structure containing more than four (4) dwelling units, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure. A notice containing the time, date, place and purpose of the hearing shall be posted on the subject property by the applicant at least eight (8) days prior to the hearing. The posting sign shall be no less than two (2) square feet in size, shall be clearly visible from the abutting street(s), and shall state that an application has been filed for a wetland use permit.

D. After completing the review and holding one public hearing, if so required, the Planning Commission or (Township/Municipality) Board as applicable shall approve, approve with conditions or deny the application within ninety (90) days after receipt of an application, in accordance with this Ordinance.

E. Written notice shall be sent to the applicant upon approval, approval with conditions or denial of a wetland use permit by the (Township/Municipality). The denial of a permit shall be accompanied by a written reason for denial.

F. A permit approval by the Planning Commission or (Township/Municipality) Board, as applicable, shall not be issued or effective until ten (10) calendar days following the date of the approval and compliance with Section 7.5 of this Ordinance.

Section 7.4 - Appeals Of Decisions Of The Wetland Administrator, Planning Commission or (Township/Municipality) Board

The following process shall apply to appeals of decisions made by the Wetland Administrator, the Planning Commission, or the (Township/Municipality) Board, as applicable:

A. Any person who is aggrieved by the approval, approval with modifications or conditions, or denial of a wetland use permit by the Wetland Administrator, the Planning Commission or by the (Township/Municipality) Board, may appeal the decision to the Community Appeals Commission. A written letter containing the specific reasons for appeal shall be filed with the (Township/Municipality) Clerk within ten (10) calendar days after the date of the decision to be appealed. Timely filing of an appeal shall have the effect of suspending the effect of the permit pending the outcome of the appeal. In the event that the person(s) filing the appeal do not own property within 300 feet of the wetland affected, the Planning Commission shall determine whether the person(s) are aggrieved.

B. After a hearing, the Community Appeals Commission shall determine that the decision of the Wetland Administrator, Planning Commission or (Township/Municipality) Board be affirmed, affirmed with modification, or reversed. The Board's decision shall be based on written findings.

Section 7.5 - Wetland Use Permit Conditions

A. The Wetland Administrator, the Planning Commission or the (Township/ Municipality) Board, as applicable, shall attach any reasonable conditions considered necessary to ensure that the intent of this Section will be fulfilled, to minimize or mitigate damage or impairment to, encroachment in or interference with natural resources and processes within the protected wetlands or watercourses, or to otherwise improve or maintain the water quality. Any conditions related to wetland mitigation shall follow the provisions of Section 8 of this Ordinance.

B. The Wetland Administrator, the Planning Commission or the (Township/ Municipality) Board, as applicable, shall fix a reasonable time to complete the proposed activities.

C. The Wetland Administrator, the Planning Commission or the (Township/ Municipality) Board, as applicable, may require the applicant to file with the (Township/Municipality) a cash or corporate surety bond or irrevocable bank letter of credit in an amount, if any, determined necessary to ensure compliance with the wetland use permit approval conditions and this Section.

D. The Wetland Administrator, the Planning Commission or the (Township/ Municipality) Board, as applicable, shall require that final approval of a wetland use permit application shall be contingent upon receipt of evidence by the (Township/Municipality) that required state and federal permits, if any, have been obtained by the applicant.

E. At no time shall the Wetland Administrator, the Planning Commission or the (Township/Municipality) Board, as applicable, issue a wetland use permit that allows a more extensive alteration of the wetland than permitted by state or federal law.

F. Wetland use permits for seasonal operations need not be renewed annually unless otherwise stated in the permit.

G. Any change that increases the size or scope of the operation and that affects the criteria considered in approving the permit as determined by the Wetland Administrator, the Planning Commission or the (Township/Municipality) Board, as applicable, may require the filing of a new wetland use permit application.

H. Any temporary, seasonal, or permanent operation that is discontinued for two (2) years or two (2) seasons shall be presumed to have been abandoned and the wetland use permit automatically voided.

I. Any permit granted under this Ordinance may be revoked or suspended by the Wetland Administrator, Planning Commission or (Township/Municipality) Board, as applicable, after notice and an opportunity for a hearing, for any of the following causes:

1. A violation of a condition of the permit.
2. Misrepresentation or failure to fully disclose relevant facts in the application.
3. A change in a condition that requires a temporary or permanent change in the activity.

J. An applicant who has received a wetland use permit under this Ordinance shall comply with the following in connection with any construction or other activity on the property for which the wetland use permit has been issued:

1. Maintain soil erosion control structures and measures, including but not limited to, silt fences, straw bale berms, and sediment traps. The permittee shall permit periodic inspections throughout the duration of the project by the (Township/Municipality) or it's representatives.
2. Maintain clear delineation of the protected wetlands and wetland setbacks (so marked by the Wetland Administrator or (Township/Municipality) Wetland Consultant during the on
3. Post on the site, prior to commencement of work on the site and continuing throughout the duration of the project, a copy of the approved wetland use permit containing the conditions of issuance, in a conspicuous manner such that the wording of said permit is available for public inspection.

K. The wetland use permit shall remain effective for a time period coincidental with any other land use permit reviewed and approved concurrent with the wetland use permit. If applied for prior to the expiration date and concurrent with the expiring land use permit, the applicant may be granted an extension that corresponds to additional time granted for the underlying land use permit. Extensions shall be approved by the same person or body that made the original decision. The maximum number of extensions shall coincide with the maximum number allowed for the underlying land use permit.

L. When there is no other activity or permit involved, the wetland use permit shall remain effective for one (1) year. A maximum of a one (1) year extension may be approved by the granting authority upon request of the applicant.

Section 7.6 - Review Standards And Criteria For Non-Contiguous Wetlands Less Than Two (2) Acres in Area.

A. A wetland use permit shall be approved with respect to a non-contiguous wetland less than two (2) acres in area unless the Planning Commission or (Township/Municipality) Board determines that the wetland is essential to the preservation of the natural resources of the (Township/Municipality). It shall not be the burden of the property owner to prove that the wetland is not essential to the preservation of the natural resources of the (Township/ Municipality).

B. All non-contiguous wetland areas of less than two (2) acres which appear on the wetlands map, or which are otherwise identified during a field inspection by the (Township/Municipality), shall be analyzed for the purpose of determining whether such areas are essential to the preservation of the natural resources of the (Township/Municipality). If there is to be a denial of a wetland use permit in a non

1. The site supports state or federal endangered or threatened plants, fish, or wildlife appearing on a list specified in Section 36505 of the Natural Resources and Environmental Protection Act (Act 451 of 1994 [previously Section 6 of the Endangered Species Act of 1974, Act No. 203 of the Public Acts of 1974, being Section 299.226 of the Michigan Compiled Laws]).
2. The site represents what is identified as a locally rare or unique ecosystem.
3. The site supports plants or animals of an identified local importance.
4. The site provides groundwater recharge documented by a public agency.
5. The site provides flood and storm control by the hydrologic absorption and storage capacity of the wetland.
6. The site provides wildlife habitat by providing breeding, nesting, feeding grounds or cover for forms of wildlife, waterfowl, including migratory waterfowl, and rare, threatened, or endangered wildlife species.
7. The site provides protection of subsurface water resources and provision of valuable watersheds and recharging groundwater supplies.
8. The site provides pollution treatment by serving as a biological and chemical oxidation basin.
9. The site provides erosion control by serving as a sedimentation area and filtering basin, absorbing silt and organic matter.
10. The site provides sources of nutrients in water food cycles and nursery grounds and sanctuaries for fish.

C. In connection with the determination whether the wetland is essential to the preservation of the natural resources of the (Township/Municipality), the property owner shall make an election and response under Subsection 1 or 2 below, relative to each non-contiguous wetland area less than two (2) acres.

1. In lieu of having the (Township/Municipality) or its consultant proceed with the analysis and determination, the property owner may acknowledge that one ( 1) or more of the criteria in Subsections (B-1) through (B-10) above, exist on the wetland in question, including a specification of the one or more criteria which do exist; or
2. An election to have the (Township/Municipality) or its consultant proceed with the analysis of whether each of the criteria in Subsections (B-1) through (B-10) exist or do not exist in the wetland in question, including specific reasons for the conclusion in respect to each criteria.

D. If the (Township/Municipality) determines that the wetland is not essential to the preservation of the natural resources of the (Township/Municipality), the (Township/Municipality's) decision shall be so noted on the (Township/ Municipality) Wetland Map, at the time it is amended. The requested activity shall be approved subject to all other applicable laws and regulations.

When a wetland under two (2) acres in size has been determined to be essential to the natural resources of the (Township/Municipality) and the (Township/Municipality) has found that one or more of the criteria set forth exist at the site, the (Township/Municipality) shall notify the applicant in writing stating the reasons for determining the wetland to be essential to the preservation of the natural resources.

After determining that a wetland less than two (2) acres in size is essential to the preservation of the natural resources of the (Township/Municipality), the wetland use permit application shall be reviewed according to the standards in Section 7.7.

Section 7.7 - Review Standards for Wetland Use Permits

The criteria to evaluate wetland use permits under this Ordinance and to determine whether a permit is granted are as follows:

A. A permit for any activity listed in Section 5.1 shall not be approved unless the proposed activity is in the public interest and is otherwise lawful in all respects. Public input shall be evaluated in approving, approving with conditions, or denying the application. The reasonable use of the property involved in accordance with applicable local ordinances and state law shall also be considered.

In determining whether the activity is in the public interest, the benefit which reasonably may be expected to accrue from the proposal shall be balanced against the reasonably foreseeable detriments of the activity. The decision shall reflect the national, state, and local concern for the protection of natural resources from pollution, impairment, and destruction. The following general criteria shall be considered:

1. The relative extent of the public and private need for the proposed activity.
2. The availability of feasible and prudent alternative locations and methods to accomplish the expected benefits from the activity.
3. The extent and permanence of the beneficial or detrimental effects which the proposed activity may have on the public and private uses to which the area is suited, including the benefits the wetlands provide.
4. The probable impact of each proposal in relation to the cumulative effect created by other existing and anticipated activities in the watershed.
5. The probable impact on recognized historic, cultural, scenic, ecological, or recreational values and on the public health or fish or wildlife.
6. The size and quality of the protected wetland being considered.
7. The amount and quality of remaining wetland in the area.
8. Proximity to any waterway.
9. Extent to which upland soil erosion adjacent to protected wetlands or drainage ways is controlled.
10. Economic value, both public and private, of the proposed land change to the general area.
11. Findings of necessity for the proposed project which have been made by federal, state or local agencies.

B. A wetland use permit shall not be granted unless it is shown that:

1. An unreasonable disruption of aquatic resources will be avoided; and
2. The proposed activity is primarily dependent upon being located in the protected wetland; and
3. A feasible and prudent alternative does not exist; and
4. The manner in which the activity is proposed to be undertaken will result in the minimum negative impact upon protected wetlands, watercourses, and attendant natural resources under all of the circumstances.

C. Following approval of the application, a wetland use permit shall be issued upon determination that all other requirements of ordinance and law have been met, including site plan, plat or land use approval as applicable, and including issuance of a permit by the MDEQ, if required under the Wetland Protection Act. In cases where a MDEQ permit allows activities not permitted by the wetland use permit approval granted under this Section, the restrictions of the approval granted under this Section shall govern.


SECTION 8 - WETLAND MITIGATION AND RESTORATION

Section 8.1 - Findings That Wetland And Watercourse Loss Is Unavoidable

Mitigation shall not be considered a substitute for making all prudent attempts to avoid wetland impacts.

A. Prior to considering a proposal for wetland mitigation, the Wetland Administrator, the Planning Commission or the (Township/Municipality) Board, as applicable, shall make all of the following findings:

1. That all feasible and prudent efforts have been made to avoid the loss of protected wetland.
2. That all practical means have been considered to minimize protected wetland impacts.
3. That it is practical to replace the protected wetland which will be unavoidably eliminated.
4. That all alternatives for preserving protected wetlands and water courses have been evaluated and found to be impractical, inappropriate, or ineffective.

B. To ensure no net loss of wetlands in the (Township/Municipality), mitigation shall be required in instances where there are losses of wetland resources and where the Wetland Administrator, the Planning Commission or the (Township/Municipality) Board, as applicable have made the findings required in Section 8.1.A.

Section 8.2 - Criteria For Approving Proposals For Wetland Mitigation

If the Wetland Administrator, Planning Commission or the (Township/ Municipality) Board, as applicable determines that it is practical to replace the protected wetlands which will be impacted, mitigation plans shall be approved only if all of the following criteria are met:

A. That the mitigation plan provides for the substantial replacement of the predominant functional values of the protected wetland to be lost.

B. That the mitigation plan provides for no net loss of protected wetland resources and watercourses unless the Wetland Administrator, the Planning Commission or the (Township/Municipality) Board, as applicable determines that the net loss will result in a minimum negative impact upon protected wetlands, watercourses, and attendant natural resources under all of the circumstances.

C. Mitigation shall be provided on

D. The mitigation plan will comply with all applicable federal, state, and local laws.

E. A plan to monitor preserved and replacement wetlands over a minimum of five years has been specified.


Section 8.3 - Other Mitigation Requirements

A. Wetland mitigation and monitoring plans shall become conditions to the wetland use permit and shall be the responsibility of the applicant.

B. Financial assurances that mitigation is accomplished as specified by the permit condition may be required by the Wetland Administrator, Planning Commission or (Township/Municipality) Board, as applicable.

C. Any mitigation activity shall be completed before initiation of other permitted activities, unless a phased concurrent schedule can be agreed upon between the Wetland Administrator, Planning Commission or (Township/Municipality) Board, as applicable, and the applicant.

D. Wetland mitigation plans that create less than two (2) acre wetlands shall meet one of the conditions listed in Section 7.6 B. 1


SECTION 9 - FEES, PENALTIES AND ENFORCEMENT

Section 9.1 - Fees

Applications for a wetland use permit under this Section shall be accompanied by a non-refundable administrative application fee in an amount specified from time to time by resolution of the (Township/ Municipality) Board. In addition an applicant shall pay an additional escrow fee in an amount determined by resolution of the (Township/Municipality) Board for the estimated cost of outside consultant(s) who may be retained by the (Township/Municipality) in connection with the review of the application. In the event the cost of the services of the consultant(s) is less than the escrow fee, the applicant shall be refunded the balance. In the event the cost of the services of the consultant(s) exceeds the amount of the escrow fee, the applicant shall pay the deficiency to the (Township/Municipality) prior to the issuance of a wetland use permit. A denial of an application for a wetland use permit shall not affect the applicant's obligation to pay the escrow fee provided for in this Section.


Section 9.2 - Penalties And Enforcement

A. Restoration Requirements for Illegal Wetland Alteration. In the event of a violation involving illegal alteration of a watercourse or protected wetland under this Section, the (Township/Municipality) shall have the power to order complete restoration of the watercourse or protected wetland area by the person or agent responsible for the violation. If such responsible person or agent does not complete such restoration within a reasonable time following the order, the (Township/Municipality) shall have the authority to restore the affected watercourse or protected wetland to their prior condition wherever possible, and the person or agent responsible for the original violation shall be held liable to the (Township/Municipality) for the cost of restoration. Requirements and watercourse or protected wetland restorations order by the (Township/Municipality) shall be coordinated with state and/or federal agency requirements and specifications for watercourse or wetland restoration.

B. Penalties. In addition to the rights and remedies herein provided to the (Township/Municipality) any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding Five Hundred Dollars ($500.00), or be imprisoned in the county jail for a period not exceeding ninety (90) days, or be both so fined and imprisoned. Each day such violation is continued or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.

C. Injunction. Any activity conducted in violation of this Section is declared to be a nuisance per se, and the (Township/Municipality) may commence a civil suit in any court of competent jurisdiction for an order abating or enjoining the violation, and/or requiring restoration of the protected wetland or watercourse as nearly as possible to its condition before the violation.

D. Stop-Work Order. The (Township/Municipality) may also issue a stop-work order or withhold issuance of a Certificate of Occupancy, permits or inspection until the provisions of this Ordinance, including any conditions attached to a wetland use permit, have been fully met. Failure to obey a stop-work order shall constitute a violation of this Ordinance.

E. Appearance Tickets. In all arrests and prosecutions for violation of this Ordinance, appearance tickets and the appropriate procedures set forth in Act 147, Michigan Public Acts of 1968, as amended, may be used.

F. Enforcement. The Wetlands Administrator or his/her agent, officer or employee shall have authority under this Ordinance to enter upon privately


SECTION 10 - STATE NOTIFICATION

Section 10.1 - Notice to the Michigan Department of Environmental Quality

The (Township/Municipality) shall notify the MDEQ of the adoption of this Ordinance. The (Township/Municipality) shall cooperate with the MDEQ in the enforcement of the Wetland Protection Act as to wetlands under the MDEQ's jurisdiction as defined under this Ordinance.


SECTION 11 - ORDINANCE CONFLICT

Section 11.1 - Abrogation and Conflict of Authority

Nothing in this Ordinance shall be interpreted to conflict with present or future state statutes in the same subject matter; conflicting provisions of this Ordinance shall be abrogated to, but only to, the extent of the conflict. Moreover, the provisions of this Ordinance shall be construed, if possible, to be consistent with relevant state regulations and statutes. If any part of this Ordinance is found to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision. Such holding shall not affect the validity of the remaining portions thereof, and the remainder of the Ordinance shall remain in force. Rights and duties which have matured, penalties which have been incurred, proceedings which have begun (except as set forth in Section 5.3 and Section 6 herein) and prosecutions for violations of law occurring before the effective date of this Ordinance are not affected or abated by this Ordinance.


SECTION 12 - PROPERTY TAX ASSESSMENT

If a wetland use permit is denied by the (Township/Municipality), a landowner may appear at the annual Board of Review for the purpose of seeking a reevaluation of the affected property for assessment purposes to determine its fair market value under the use restriction.


SECTION 13 - EFFECTIVE DATE

This Ordinance shall take full force and effect upon ________________ (date), following final publication of said ordinance.


SECTION 14 - CERTIFICATION

I, ___________________, Clerk of (Community Name)(Township/Municipality), do hereby certify that the foregoing is a true and correct copy of an ordinance adopted by the (Community Name)(Township/Municipality) Board at a regular meeting on _________________(date).

Published _____________________(date)