1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51

Summary of Five Key Laws

In the 1970s, Michigan enacted three important land use laws which now have been significantly weakened
or simply are not enforced. In addition, serious problems with two other laws, the Drain Code and the Right to
Farm Act, are contributing to the flow of pollutants into water. Here is a summary of these laws and what
needs to be done to make them work.
Soil Erosion and Sedimentation Control Act
Approved in 1972, the law requires anyone planning new construction on a site larger than one acre or
within 500 feet of a lake or stream to acquire a permit from local governments. Builders must specify how
they will control erosion. Soil and sediments are prohibited from leaving the construction site.
Problems:
• The $500 maximum fine is not a deterrent.* Enforcement is spotty.
• Local erosion control officers need better training and more technical support.
• There are no provisions to require setbacks or natural buffers to protect steep slopes, wetlands, streams,
and other sensitive resources.
Solutions:
• Raise serious violations to a felony and increase penalties to a maximum of $25,000 a day.
• Increase the number of DEQ erosion control staff to improve oversight and training for local programs.
• Appropriate $5 million annually for grants to local governments.
• Require 150-foot natural buffer zones to protect sensitive sites.
• Require golf courses and other large projects to be built in stabilized 30-acre increments.
Wetland Protection Act
Approved in 1979, the law requires developers to acquire a permit from the state if they propose to fill or
drain any wetland that is larger than five acres. The law covers smaller wetlands if they are within 500 feet of
a lake, pond, stream, or river, or within 1,000 feet of a Great Lake.
The act specifically recognizes that wetlands are cost-effective natural resources that purify runoff before it
enters a waterway or groundwater, provide storage capacity to prevent floods, and give wildlife a place to live.
State regulators have broad authority to reject applications and require developers to seek alternatives. Local
governments can enact regulations under zoning ordinances.
Problems:
• The DEQ regularly issues permits to fill and drain wetlands.
• Field personnel who seek to enforce the law are disciplined and suffer punitive transfers.
• County prosecutors don't file suits against violators.
Solutions:
• Organize citizen coalitions to elevate wetland destruction as a top public priority.
• Compel the DEQ to enforce the law.
• Undertake and publicize research on the economic value of wetlands to absorb and cleanse storm water
-- thus reducing the cost for building sewage treatment plants.
• Repeal a 1997 provision of the law that says agricultural land that is "effectively drained" as part of an
"ongoing farming operation" is exempt from wetland regulations.
• Train county prosecutors to enforce the law, and build local support for them to take action.
Natural River Act
Approved in 1970, the law authorizes the DNR to work with local governments to preserve water quality
and scenic character by regulating development along the banks of the state's most beautiful rivers. The act
sets restrictions on home building, logging, brush cutting, oil and gas drilling, and other activities within a
400-foot corridor on each bank of designated rivers. All or parts of 14 rivers are protected under the Act, but
the last was designated in 1988.
Problems:• Private rights groups have waged a misinformation campaign against the Act, and in 1996
persuaded state Sen. George A. McManus (R-Traverse City) to introduce a bill that would have gutted it.
Solutions:
• Devote more resources to inform local governments and landowners about the law's benefits.
• Designate new natural rivers, starting with the current proposal to protect the Big Manistee and its tributaries.
Drain Code
A collection of 19th-century laws recodified in 1956, the Drain Code gives elected county drain
commissioners the authority to tax property owners for drainage projects. Originally designed to turn the
state's vast wetlands into cropland, the code has become a tool to subsidize sprawl.
Problems:
• Drainage projects often are unnecessary and undertaken for the benefit of private developers.
• Citizens have virtually no involvement.
• The majority of drain projects are exempted from the state Wetlands Act.
Solutions:
• Rewrite the Drain Code to require citizen involvement on the design, cost, and purpose of drains, and to
strengthen the appeal process.
• Direct drain commissioners to protect natural resources.
• Subject drain projects to all applicable environmental laws.
Right to Farm Act
This 1981 law protects agricultural operations from nuisance lawsuits if they follow generally accepted
management principles. Compliance is voluntary. The Michigan Department of Agriculture is charged with
resolving complaints about odors, manure spills, and misuse of agrichemicals.
Problems:
• The magnitude of the manure runoff risk in Michigan has grown significantly in the last five years with the
increase in large-scale confinement systems that concentrate thousands of animals and their manure in small
areas. • An interagency agreement allows the DEQ to intervene only if an environmental emergency exists or if the
state agriculture department asks.
• Internal documents show that the agriculture department inspectors often ignore environmental damage
Solutions:
• Develop higher standards for manure management and require large livestock operations to meet them.
• Require regular environmental inspections of industrial livestock operations.
• Give DEQ more authority to require compliance and enforce manure management standards.
~K.S./P.C.



		Summary of Five Key Laws
			In the 1970s, Michigan enacted three important land use laws which now have been significantly weakened or simply are not enforced. In addition, serious problems with two other laws, the Drain Code and the Right to Farm Act, are contributing to the flow of pollutants into water. Here is a summary of these laws and what needs to be done to make them work. Soil Erosion and Sedimentation Control Act Approved in 1972, the law requires anyone planning new construction on a site larger than one acre or within 500 feet of a lake or stream to acquire a permit from local governments. Builders must specify how they will control erosion. Soil and sediments are prohibited from leaving the construction site. Problems: • The $500 maximum fine is not a deterrent.* Enforcement is spotty. • Local erosion control officers need better training and more technical support. • There are no provisions to require setbacks or natural buffers to protect steep slopes, wetlands, streams, and other sensitive resources. Solutions: • Raise serious violations to a felony and increase penalties to a maximum of $25,000 a day. • Increase the number of DEQ erosion control staff to improve oversight and training for local programs. • Appropriate $5 million annually for grants to local governments. • Require 150-foot natural buffer zones to protect sensitive sites. • Require golf courses and other large projects to be built in stabilized 30-acre increments. Wetland Protection Act Approved in 1979, the law requires developers to acquire a permit from the state if they propose to fill or drain any wetland that is larger than five acres. The law covers smaller wetlands if they are within 500 feet of a lake, pond, stream, or river, or within 1,000 feet of a Great Lake. The act specifically recognizes that wetlands are cost-effective natural resources that purify runoff before it enters a waterway or groundwater, provide storage capacity to prevent floods, and give wildlife a place to live. State regulators have broad authority to reject applications and require developers to seek alternatives. Local governments can enact regulations under zoning ordinances. Problems: • The DEQ regularly issues permits to fill and drain wetlands. • Field personnel who seek to enforce the law are disciplined and suffer punitive transfers. • County prosecutors don't file suits against violators. Solutions: • Organize citizen coalitions to elevate wetland destruction as a top public priority. • Compel the DEQ to enforce the law. • Undertake and publicize research on the economic value of wetlands to absorb and cleanse storm water -- thus reducing the cost for building sewage treatment plants. • Repeal a 1997 provision of the law that says agricultural land that is "effectively drained" as part of an "ongoing farming operation" is exempt from wetland regulations. • Train county prosecutors to enforce the law, and build local support for them to take action. Natural River Act Approved in 1970, the law authorizes the DNR to work with local governments to preserve water quality and scenic character by regulating development along the banks of the state's most beautiful rivers. The act sets restrictions on home building, logging, brush cutting, oil and gas drilling, and other activities within a 400-foot corridor on each bank of designated rivers. All or parts of 14 rivers are protected under the Act, but the last was designated in 1988. Problems:• Private rights groups have waged a misinformation campaign against the Act, and in 1996 persuaded state Sen. George A. McManus (R-Traverse City) to introduce a bill that would have gutted it. Solutions: • Devote more resources to inform local governments and landowners about the law's benefits. • Designate new natural rivers, starting with the current proposal to protect the Big Manistee and its tributaries. Drain Code A collection of 19th-century laws recodified in 1956, the Drain Code gives elected county drain commissioners the authority to tax property owners for drainage projects. Originally designed to turn the state's vast wetlands into cropland, the code has become a tool to subsidize sprawl. Problems: • Drainage projects often are unnecessary and undertaken for the benefit of private developers. • Citizens have virtually no involvement. • The majority of drain projects are exempted from the state Wetlands Act. Solutions: • Rewrite the Drain Code to require citizen involvement on the design, cost, and purpose of drains, and to strengthen the appeal process. • Direct drain commissioners to protect natural resources. • Subject drain projects to all applicable environmental laws. Right to Farm Act This 1981 law protects agricultural operations from nuisance lawsuits if they follow generally accepted management principles. Compliance is voluntary. The Michigan Department of Agriculture is charged with resolving complaints about odors, manure spills, and misuse of agrichemicals. Problems: • The magnitude of the manure runoff risk in Michigan has grown significantly in the last five years with the increase in large-scale confinement systems that concentrate thousands of animals and their manure in small areas. • An interagency agreement allows the DEQ to intervene only if an environmental emergency exists or if the state agriculture department asks. • Internal documents show that the agriculture department inspectors often ignore environmental damage Solutions: • Develop higher standards for manure management and require large livestock operations to meet them. • Require regular environmental inspections of industrial livestock operations. • Give DEQ more authority to require compliance and enforce manure management standards. ~K.S./P.C.