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                    DEPARTMENT OF NATURAL RESOURCES

                           FISHERIES DIVISION

              UPPER MANISTEE RIVER NATURAL RIVER ZONING

(By authority  conferred  on  the  director  of  the  department  of  natural 
resources by section 30512 of Part 305 of 1994 PA  451,  MCL  324.30512,  and 
Executive Reorganization Order No. 1991-22, MCL 299.13.)


R 281.171  Definitions.
  Rule 1.  As used in these rules:
  (a)  "Applicant" means a person who requests, on proper forms and  pursuant 
to proper procedures, a zoning permit for a principal use,  special  use,  or 
variance.
  (b)  "Appurtenance" or "accessory  building"  means  a  structure  that  is 
incidental to a dwelling, including all of the following:
  (i)  Garages.
  (ii)  Residential storage sheds.
  (iii)  Barns and other agricultural storage and livestock structures.
  (iv)  Pump houses.
  (v)  Private access roads.
  (vi)  Electrical service lines.
  (c)  "Bluff" means a bank that rises at a slope of 33  degrees  or  greater 
from within 10 feet of the river's edge.  The crest of the bluff is the first 
riverward facing area at least 100 feet wide (approximately parallel  to  the 
river) that breaks to a slope of less than 18 degrees  for  a  distance  away 
from the river of at least 25 feet.
  (d)  "Building inspector" means the agency or individual who  is  appointed 
by the appropriate governmental subdivision to issue building permits and  to 
administer 1972 PA 230, MCL 125.1501 and known as the state construction code 
act of 1972.
  (e)  "Building permit" means a permit that is  issued  by  the  appropriate 
governmental subdivision as required by 1972 PA 230, MCL 125.1501
  (f)  "Certificate of zoning compliance" means  a  standard  form  which  is 
issued by the zoning administrator upon a determination that the construction 
and use of land and buildings and structures as  provided  for  by  a  zoning 
permit, including the site plan, have been completed and  are  in  compliance 
with the permit and site plan.
  (g)  "Commission" means the natural resources commission.
  (h)  "Cutting edge of the river" means the edge of a river or stream  where 
the water velocity is such that it may cause soil or streambank erosion.
  (i)  "Director" means the director of the department of natural resources.
  (j)  "Enclosed ground floor living area"  means  the  area  of  the  ground 
covered by a dwelling, including enclosed porches and attached  garages,  but 
not including open porches, decks, or patios.
  (k)  "Family" means either of the following:
  (i)  An individual or group of 2 or more persons who are related by  blood, 
marriage, or adoption and who, together with foster children, servants of the 
principal occupants, and not more than 2 additional  unrelated  persons,  are 
domiciled together as a single, domestic, housekeeping  unit  in  a  dwelling 
unit.
  (ii)  A collective number of individuals who are domiciled  together  in  1 
dwelling unit, whose relationship is of a continuing  non-transient  domestic 
character,  and  who  are  cooking  and  living  as  a   single,   nonprofit, 
housekeeping unit.  Any society,  club,  fraternity,  sorority,  association, 
lodge, organization, or group of students or other individuals whose domestic 
relationship is of a transitory or seasonal nature shall not be considered  a 
family as defined by these rules.
  (l)  "Filtered view of the river" means the maintenance or establishment of 
woody vegetation of sufficient density to screen development from the  river, 
to provide for streambank stabilization and erosion control, serve as an  aid 
to the infiltration of surface runoff, and provide cover to shade the water.  
The vegetation need not be so dense as to completely block the river  view.   
"Filtered view of the river" means no mowing or removal of trees,  shrubs  or 
other vegetation.
  (m)  "Floodplain" means land  lying  within  an  identified  or  documented 
100-year floodplain line.  Also see subdivision (t) of this rule.
  (n)  "Floodway" means the channel of a river or stream and  those  portions 
of the floodplain adjoining the channel that are reasonably required to carry 
and discharge a 100-year flood.
  (o)  "Front" means that segment of a lot or parcel closest to  or  abutting 
the river's edge of the main stream or tributary.
  (p)  "Front yard" means setback as provided for in R 281.177.
  (q)  "Home occupation" means a gainful occupation that is traditionally and 
historically carried on in the home by residents of the  dwelling  as  a  use 
which is clearly incidental and secondary  to  the  use  of  the  home  as  a 
dwelling place.
  (r)  "Home-based occupation" means a gainful occupation  where business  is 
conducted off-site but equipment such as logging trucks or well drilling rigs 
are stored at the home site.
  (s)  "Impervious surface" means a  surface,  including  paved  and  unpaved 
driveways, decks, rooftops, roads, patios, swimming pools  and  parking  lots 
that does not allow storm water to infiltrate into the ground.
  (t)  "Land that is subject to flooding" means that area of  land  adjoining 
the designated portions  of  a  river  and  its  tributaries  which  will  be 
inundated by a flood which has a 1% chance of occurring or being exceeded  in 
any  given  year  as  determined  by  detailed  hydraulic  studies  that  are 
acceptable to the Michigan department of natural resources or which,  in  the 
absence of such detailed floodplain studies, has a history of flooding or  is 
delineated by approximate methods, such as United  States  geological  survey 
flood-prone area maps or the federal emergency  management  agency's  special 
flood hazard boundary maps.
  (u)  "Lot" means a continuous area or acreage of land that can be described 
for purposes of transfer, sale, lease, rental, or other conveyance.
  (v)  "Lot area" means the area inside the lot lines.
  (w)  "Lot, interior" means a lot of record which is located in the  natural 
river district, but which  does  not  have  frontage  on  the  river  or  its 
designated tributaries.
  (x)  "Lot of record" means a lot that actually exists in a subdivision plat 
as shown on the records of the county register of deeds before the  effective 
date of these rules or a lot or parcel which is described by metes and bounds 
and which has been recorded at the office of the  county  register  of  deeds 
before the effective date of these rules.
  (y)  "Lot, vacant" means a lot  that  does  not  contain  a  single  family 
dwelling.
  (z)  "Natural river district" means the Upper Manistee river natural  river 
district as described in R 281.175.
  (aa)  "Ordinary high watermark" means  the  line  between  the  upland  and 
bottomland which persists through successive changes in water level and below 
which the presence and action of the water is so common or recurrent that the 
character of the land is marked distinctly from the upland and is apparent in 
the soil itself, the configuration of  the  surface  of  the  soil,  and  the 
vegetation.
  (bb)  "Rear yard" means that yard opposite the front yard.
  (cc)  "Reforestation" means the renewal of  vegetative  cover  by  seeding, 
planting, or transplanting.
  (dd)  "River's edge" means the ordinary high watermark as used in Part  301 
of 1994 PA 451, and as defined in subdivision (aa) of this rule.
  (ee)  "Setback" means the required horizontal distance between any  portion 
of a structure and the river's edge,  measured  at  the  structure's  closest 
point to the river's edge.
  (ff)  "Single-family  dwelling"  means  a  detached  building,  or  portion 
thereof, which  is  used  exclusively  for  residential  purposes,  which  is 
designed for, or occupied  exclusively  by,  1  family,  and  which  contains 
kitchen and bathroom facilities.
  (gg)  "Soil erosion and sedimentation control enforcement agency" means the 
local agency that is appointed by the appropriate governmental subdivision to 
enforce the provisions of Part 91 of 1994 PA 451, MCL 282.101.
  (hh)  "Structure" means anything which is constructed, erected, or moved to 
or from any premises and which is located above, on,  or  below  the  ground, 
including buildings, roads, signs,  billboards,  satellite  antennas  greater 
than 24 inches in diameter and other communication  structures,  fences,  and 
mobile homes.  Temporary recreational  facilities,  including  tents,  camper 
trailers, and recreation vehicles, are not considered structures if they  are 
on site fewer than 30 days per year and if they are located landward  of  the 
native vegetation buffer or if the  facilities  are  located  on  a  campsite 
within a campground that is licensed pursuant to 1978 PA 368,  MCL  333.1101, 
if both the individual campsite and the campground  were  established  before 
the effective date of these rules.
  (ii)  "Wetland" means land characterized by the presence of hydric soils or 
water at a frequency and duration sufficient to support wetland vegetation or 
aquatic life as defined in Part 303 of 1994 PA 451, MCL 282.101.
  (jj)  "Zoning administrator" means the administrator of these rules who  is 
appointed by the director.
  (kk)"Zoning permit" means a standard form which is  issued  by  the  zoning 
administrator when  it  is  determined  that  the  proposed  construction  of 
buildings and structures and the proposed  use  of  land  and  buildings  and 
structures thereon are in compliance with these rules.
  (ll)  "Zoning review board" means a group of 7 people which is appointed by 
the director to act upon requests as provided for by these rules.

  History: 2004 MR 24, Eff. Dec. 28, 2004.


R 281.172 Purpose; intent; scope.
  Rule 2.  (1)  The director, on his or her  own  motion,  to  implement  the 
intent of Natural Rivers Part 305 of 1994 PA 451, and in the absence of local 
zoning to protect the Upper  Manistee  river,  a  designated  natural  river, 
promulgates these rules for the following purposes:
  (a)  To promote the public health, safety, and general welfare; to  prevent 
economic and ecological damage due to misuse,  unwise  development  patterns, 
overcrowding, and overuse within the natural river district; and to  preserve 
the values of the natural river district  for  the  benefit  of  present  and 
future generations.
  (b)  To protect the free-flowing  condition,  fish,  aquatic  and  wildlife 
resources, water quality, scenic and aesthetic qualities, and historical  and 
recreational values of the Upper Manistee river and adjoining land.
  (c)   To  prevent  flood  damage  due  to  interference  with  the  natural 
floodplain characteristics by excluding developments which are vulnerable  to 
flood damage and which may reduce the capacity of the floodway of  the  river 
to withstand flooding conditions.
  (d)  To provide for uses that complement the natural characteristics of the 
natural river system.
  (e)  To protect individuals from investing funds  in  structures  that  are 
proposed for location on lands that are unsuited for such development because 
of high groundwater, erosion, or vulnerability to flood damage.
  (f)  To achieve the goals  and  objectives  of  the  Upper  Manistee  river 
natural river plan.
  (2)  It is the general intent of these rules to define terms  used  and  to 
regulate and restrict lot  coverage  and  use,  population  distribution  and 
density, and the size and location of all structures by  the  delineation  of 
permitted uses and development  standards  so  as  to  promote  the  purposes 
identified in  this  rule.   It  is  further  intended  to  provide  for  the 
administration and enforcement of these rules and to  provide  penalties  for 
their violation.
  (3)  It is not the intent of these rules to revoke, annul,  cancel,  or  in 
any way impair or interfere with existing provisions of law,  ordinances,  or 
any rules, regulations, or premises or with any private  restrictions  placed 
upon property by covenant or deed.  However, where such provisions of law are 
less restrictive than the provisions of Natural Rivers Part 305  of  1994  PA 
451, and the rules promulgated thereunder, the provisions of  Natural  Rivers 
Part 305 of 1994 PA 451 and the rules promulgated thereunder shall apply.

  History: 2004 MR 24, Eff. Dec. 28, 2004.


R 281.173 Construction of language: severability.
  Rule 3.  (1)  All of the following rules of construction apply to the  text 
of these rules:
  (a)  A "building" or "structure" includes any part thereof.
  (b)  The  phrase  "used  for"  includes  "arranged  for,"  "designed  for," 
"intended for," "maintained for," or "occupied for."
  (c)   The  word  "person"  includes  an  individual,   a   corporation,   a 
partnership, an incorporated association, or any other similar entity.
  (d)  The terms "lot" and "parcel" have the same meaning. 
  (e)  Terms not defined in these rules shall have the  meanings  customarily 
assigned to them.
  (2)  In any case in which the provisions of these rules are declared by the 
courts to be unconstitutional or invalid, such ruling shall  not  affect  the 
validity of the remaining provisions of these  rules  and  to  this  end  the 
provisions of these rules are declared to be severable.

  History: 2004 MR 24, Eff. Dec. 28, 2004.


R 281.174 Lot size  and  area;  subdivision  of  land;  home  and  home-based 
occupations; native vegetation buffer; signs; docks;  height  of  structures; 
river access stairways; dams; impervious surfaces.
  Rule 4.  (1)  Unless otherwise provided for in these rules, a  lot  created 
after the effective date of these rules  shall  meet  all  of  the  following 
standards on at least 1 side of the stream that is  accessible  by  a  public 
road or legal easement:
  (a)  Have at least 200 feet of river frontage (unless a riverfront  "common 
area" subject to a conservation easement is established, or the parent parcel 
does not have river frontage, in which case this dimension shall be  measured 
at the point of the parcel closest to the river) and be  at  least  200  feet 
wide at the minimum building setback line.
  (b)  Contain at least 1/2 acre of existing contiguous upland buildable area 
(non-wetland, non-floodplain) landward of the minimum building setback line.
  (c)  Contain at least 80,000 square feet of area within the  Natural  River 
District (any "common area" created or any bottomlands shall not be  used  in 
any calculations related to minimum parcel area).  If the parent parcel  does 
not have river frontage, and the front line of any newly  created  parcel  is 
greater than 100 feet from the river's edge at all points,  this  subdivision 
does not apply, and the minimum parcel width will be measured  at  the  front 
lot line.
  (d)  Have sufficient depth to accommodate the  required  building  setbacks 
pursuant to R 281.177.
  (2)  A lot that exists on the effective date of  this  rule  shall  not  be 
subdivided or reduced in dimension or area below the minimum requirements  of 
these rules.  Lots that are created after the effective  date  of  this  rule 
shall meet the minimum requirements of these rules,  except  as  provided  in 
subrules (3) and (4) of this rule.
  (3)  Proposed lots which have preliminary plat approval pursuant to 1967 PA 
288, MCL 560.101, but which do not meet the dimensional requirements of these 
rules on their effective date, shall, on final plat  approval,  be  issued  a 
permit subject to the requirements in R 281.179 and R 281.180.
  (4)  Lots of record which are created before the effective  date  of  these 
rules, and which do not possess sufficient land area or lot width may be used 
for the purposes described in these rules, subject to the requirements  in  R 
281.179 and R 281.180.
  (5)  Home occupations and home-based occupations shall conform  to  all  of 
the following requirements:
  (a)  The use of the  dwelling  unit,  or  related  structure,  for  a  home 
occupation  or  home-based  occupation  shall  be  clearly   incidental   and 
subordinate to its use for residential purposes.
  (b)  Equipment or a process shall not be  used  in  a  home  occupation  or 
home-based occupation if  it  creates  noise,  vibration,  fumes,  odors,  or 
electrical interference that is detectable  to  the  normal  senses  off  the 
premises.
  (6)  Within the natural river district, a  native  vegetation  buffer  that 
includes the river and  all  lands  within  75  feet  of  the  ordinary  high 
watermark shall be maintained on  each  side  of  the  Upper  Manistee  river 
mainstream and all designated tributaries.  Trees and shrubs  may  be  pruned 
over not more than a 50-foot width for a filtered  view  of  the  river,  but 
clear cutting in the native vegetation  buffer  is  prohibited.   The  native 
vegetation buffer is also subject to all of the following provisions:
  (a)  Unsafe trees and noxious plants and shrubs, such  as  poison  ivy  and 
poison sumac, may be removed.
  (b)  The selected removal  or  trimming  of  trees  for  forest  management 
practices or disease and insect control, and clearing of  vegetation  to  the 
minimum width required for public utility primary electric distribution lines 
and service lines for permitted uses,  is  permitted  upon  approval  of  the 
zoning administrator in consultation with local Conservation District  staff, 
if the activity is in keeping with the goals and objectives  of  the  Natural 
River Plan.
  (c)  Camping other than low-impact tent camping is  not  permitted  in  the 
native vegetation buffer.
  (d)  Mowing is prohibited in the native vegetation buffer except  in  areas 
that had been maintained in a mowed condition  prior  to  adoption  of  these 
rules or to establish a footpath to the river not to exceed 4 feet wide.
  (e)  In the Manistee River mainstream vegetation may be selectively  pruned 
to allow for safe navigation and  to  alleviate  flooding  that  threatens  a 
dwelling.  This may include pruning of  a  maximum  8-foot  wide  section  of 
vegetation.  Portions of trees, logs, and other natural material imbedded  in 
the stream channel may not be disturbed.
  (f)  A boardwalk constructed in conjunction with the footpath described  in 
subdivision (d) of this subrule is permitted  upon  approval  of  the  zoning 
administrator if it is placed only in areas that are generally too wet to  be 
traversed without significant disturbance of the  soils,  the  boardwalk  and 
supports are constructed of wood, the boardwalk is not more than 3 feet  wide 
and does not include railings, and the top of the boardwalk is not more  than 
12 inches above grade.
  (g)  All  islands  in  all  stream  segments  are  subject  to  the  native 
vegetation buffer standards.
  (h)   A  wider  native  vegetation  buffer  may  be  required  for  certain 
commercial uses. 
  (7)  Signs for identification, direction, resource information,  regulation 
of use and those related to permitted uses are allowed.  Signs for  the  sale 
of products or services are prohibited, unless related to  a  permitted  use, 
located on the  site  of  the  permitted  use,  not  located  in  the  native 
vegetation buffer and not visible from  the  river.   Illuminated  signs  are 
prohibited.  Signs may be not more than 2 square feet  in  area.   Exceptions 
include 1 real estate sign not more than 4 square  feet  outside  the  native 
vegetation buffer, and public agencies' signs not larger than 10 square feet, 
of rustic design and not attached to vegetation. Some public agency signs may 
need to be larger to warn  of  impending  danger  or  for  interpretative  or 
historic reasons.
  (8)  Private boat docks shall be in compliance with all  of  the  following 
requirements:
  (a)  Docks shall not be more than 48 square feet in  area,  with  not  more 
than 4 feet of the dock extending over the edge of the river.
  (b)  Docks shall be designed, constructed, and maintained to blend with the 
natural surroundings.  The use of natural, native materials is encouraged.
  (c)  Unless otherwise provided for in these rules, only  1  dock  shall  be 
constructed per lot.
  (9)  Unless otherwise provided in these rules, a  structure  shall  not  be 
more than 2 1/2 stories tall, not including a basement, and not more than  35 
feet in height measured from the original surface elevation.
  (10)  Private river access stairways are permitted  upon  approval  of  the 
zoning administrator if in compliance with all of the following requirements:
  (a)  There is no other  safe,  feasible  access  to  the  river  without  a 
stairway.
  (b)  The stairway is low-profile, not more than 4 feet wide and constructed 
without stairs being recessed into the ground surface unless  site  and  soil 
conditions dictate that a recessed stairway is more appropriate.
  (c)  There are no landings associated with the stairway unless required  by 
building codes, in which case the landings shall be of the minimum number and 
size required by building codes.
  (d)  Not more than 1 handrail is associated with the stairway.
  (e)  Only 1 river access stairway is permitted per parcel.
  (f)  The stairway is constructed using natural materials and is located and 
maintained to blend with the natural surroundings.
  (11)  Construction of new dams is prohibited.  Reconstruction of  a  failed 
dam is permitted under any of the following conditions:
  (a)  Reconstruction of a dam destroyed by  a  catastrophic  event  such  as 
flood may be reconstructed.
  (b)  Reconstruction of a dam that failed due  to  lack  of  maintenance  or 
other negligence by the owner or operator is prohibited.
  (c)  Reconstruction of a dam that failed due to a catastrophic event  shall 
comply with construction standards in effect at the time of  application  for 
replacement.
  (d)  Application for reconstruction shall be  received  within  1  year  of 
destruction.
  (e)  A reconstructed dam shall be rebuilt with a height  not  greater  than 
the original dam height.
  (f)  A bottom discharge and fish passage facilities shall be provided for a 
reconstructed dam where appropriate.
  (g)  A request for replacement of a dam destroyed by a  catastrophic  event 
shall be handled as a variance request for  reconstruction  of  a  destroyed, 
non-conforming structure.
  (12)  The maximum percentage of impervious surface permitted on a lot shall 
be as follows:
  (a)  For lots with less than 10,000 square feet of area, not more than  35% 
of the land surface may be covered by impervious surfaces.
  (b)  For lots with between 10,000 square feet and  40,000  square  feet  of 
area, not more than 25% of the land surface  may  be  covered  by  impervious 
surfaces.
  (c)  For lots with between 40,001 square feet and  80,000  square  feet  of 
area, not more than 20% of the land surface  may  be  covered  by  impervious 
surfaces.
  (d)  For lots greater than 80,000 square feet of area, not more than 10% of 
the land surface may be covered by impervious surfaces.

  History: 2004 MR 24, Eff. Dec. 28, 2004.


R 281.175 Boundaries; interpretation of boundaries; filing of zoning map.
  Rule 5.  (1)  The boundaries of the  Upper  Manistee  river  natural  river 
district shall be as  described  in  these  rules  and  as  depicted  on  the 
certified Upper Manistee river natural river zoning map.  The Upper  Manistee 
river natural river zoning district comprises an area that  is  described  as 
follows:
  (a)  The Manistee river mainstream from its sources in Sections 1 and 12 of 
Mancelona Township, T29N, R5W to the Wexford/Missaukee county line.
  (b)  Frenchman's Creek from the Lake Elizabeth Dam in section 30  of  Hayes 
Twp., T29N, R4W to its confluence with the Manistee River.
  (c)  Lost Lake Outlet from the  outfall  of  Lost  Lake  in  Section  6  of 
Frederic Township, T28N, R4W to its confluence with the Manistee River.
  (d)  An unnamed stream from its source in Section 13 of Blue Lake Township, 
T28N, R5W to its confluence with the Manistee River.
  (e)  Goose Creek from Cameron Bridge Road in section 27 of Blue Lake  Twp., 
T28N, R5W to its confluence with the Manistee River.
  (f)  Portage Creek from the control structure  near  the  outfall  of  Lake 
Margrethe, section 8 of Grayling Twp., T26N, R4W to its confluence  with  the 
Manistee River, including all braided channels.
  (g)  All perennial tributaries to Portage Creek from their sources to their 
confluence with Portage Creek.
  (h)  Clear Creek from its source at Boiling Springs in section 28  of  Bear 
Lake Twp., T26N, R5W to its confluence with the Manistee River.
  (i)  Black Creek from the outfall of South Black Lake in section 21 of Bear 
Lake Twp., T27N, R5W to its confluence with the Manistee River, including all 
braided channels.
  (j)  All perennial tributaries to Black Creek from their sources  to  their 
confluence with Black Creek.
  (k)  Dempsey Creek from its source in section 19 of Bear Lake  Twp.,  T26N, 
R5W to its confluence with the Manistee River.
  (l)  Big Devil Creek from its source in Section 18  of  Garfield  Township, 
T25N, R5W to its confluence with the Manistee River.
  (m)  Big Cannon Creek from its source in section 5 of Norwich  Twp.,  T24N, 
R5W to its confluence with the Manistee River.
  (n)  The North Branch of the Manistee River from County Road 612 in section 
3 of Excelsior Twp., T27N, R6W to its confluence with the Manistee River.
  (o)  An unnamed stream from Tower Road in section 25 of  Coldsprings  Twp., 
T28N, R6W to its confluence with the North Branch of the Manistee River.
  (p)  Morrison Creek from its source in section 28  of  Excelsior  Township, 
T27N, R6W to its confluence with the North Branch of the Manistee River.
  (q)  Collar Creek from its source in  section  33  of  Excelsior  Township, 
T27N, R6W to its confluence with Morrison Creek.
  (r)  An unnamed  stream  from  its  sources  in  section  26  of  Excelsior 
Township, T27N, R6W to its confluence with Morrison Creek.
  (s)  All other perennial tributaries to the North Branch  of  the  Manistee 
River from their sources to their confluence with the  North  Branch  of  the 
Manistee River.
  (t)  Willow Creek from its source in section 14 of Orange Twp.,  T26N,  R7W 
to its confluence with the Manistee River.
  (u)  Pierson Creek from its source in section 12 of Orange Township,  T26N, 
R7W to its confluence with Willow Creek.
  (v)  Maple Creek from its source in section 22 of Orange Twp., T26N, R7W to 
its confluence with the Manistee River.
  (w)  Little Cannon Creek from multiple sources in sections 29, 31 and 32 of 
Garfield Twp., T25N, R6W to its confluence with the Manistee River.
  (x)  Silver Creek from its source in section 1 of Pioneer Twp, T24N, R7W to 
its confluence with Little Cannon Creek.
  (y)  Waterhole Creek and all tributaries from  their  multiple  sources  in 
Garfield Township, T25N, R7W to the confluence with the Manistee River.
  (z)  Babcock Creek from its sources in section  33  of  Garfield  Township, 
T25N, R 7W to its confluence with the Manistee River.
  (aa)  Filer Creek from its source in Section 4 of Pioneer  Township,  T24N, 
R7W to its confluence with the Manistee River.
  (bb)  Nelson Creek from its sources in Section  30  of  Garfield  Township, 
T25N, R7W to its confluence with the Manistee River.
  (cc)  Spring Creek from its sources in  section  22  of  Springfield  Twp., 
T25N, R8W to its confluence with the Manistee River.
  (dd)  Bourne Creek from its sources in  section  29  of  Springfield  Twp., 
T25N, R8W to its confluence with the Manistee River.
  (ee)  Ham Creek from its source in Section 24 of Bloomfield Twp., T24N, R8W 
to its confluence with the Manistee River,  including  two  tributaries  with 
sources in Sections 3 and 9.
  (ff)  Gravy Creek from its source in section 5 of  Bloomfield  Twp.,  T24N, 
R8W to its confluence with the Manistee River.
  (gg)  Haynes Creek from its source in section 31 of Springfield Twp., T25N, 
R8W to its confluence with the Manistee River.
  (hh)  Hopkins Creek from its source in Section 17 of Forest Twp., T23N, R7W 
to its confluence with the Manistee River.
  (ii)  Fisher Creek (a.k.a. "Hopkins Creek" on  the  USGS  topographic  map) 
from its source  in  section  31  of  Springfield  Twp.,  T25N,  R8W  to  its 
confluence with the Manistee River.
  (jj)  All lakes, ponds, impoundments or  other  surface  water  bodies  not 
traditionally considered rivers, streams or creeks if they are  a  contiguous 
part of the stream segments listed  in  subdivisions  (a)  to  (ii)  of  this 
subrule.
  (kk)  The lands lying  within  400  feet  of  the  river's  edge  that  are 
enumerated in subdivisions (a) to (jj) of this subrule.
  (2)  If uncertainty exists with respect to the boundaries of  the  district 
as shown on the zoning map, then all of the following provisions shall apply:
  (a)   Boundaries  that  are  indicated  as  approximately   following   the 
centerline of streets or highways shall be construed to follow the centerline.
  (b)  Boundaries that are indicated as  approximately  following  lot  lines 
shall be construed as following the lot lines.
  (c)   Boundaries  that  are  indicated  as  approximately  following  city, 
village, township, or county boundaries lines shall be construed as following 
the city, village, township, or county boundary lines.
  (d)  Boundaries that are indicated as following  railroad  lines  shall  be 
construed to be midway between the right-of-way lines.
  (e)  Boundaries  that  are  indicated  as  following  shorelines  shall  be 
construed to follow the shorelines, and,  in  the  event  of  change  in  the 
shorelines,  shall  be  construed  as  moving  with  the  actual  shorelines. 
Boundaries that are indicated as approximately following  the  centerline  of 
streams, rivers, canals, lakes, or other bodies of water shall  be  construed 
to follow the centerline.
  (f)  Boundaries that are indicated as parallel to or extensions of features 
indicated in subdivisions (a) to (e) of this subrule shall be so construed.   
Distances that are not specifically indicated  on  the  official  zoning  map 
shall be determined by the scale of the map.
  (g)  If physical or natural features  that  exist  on  the  ground  are  at 
variance  with  those  shown  on  the  official  zoning  map  or   in   other 
circumstances are not covered by the provisions of subdivisions (a) to (f) of 
this subrule, then the zoning  review  board  shall  interpret  the  district 
boundaries.
  (h)  Insofar as a portion or all of the district may be  indicated  on  the 
zoning map by a pattern which, for the sake of map clarity,  does  not  cover 
public rights-of-way, then the district boundaries extend to  the  center  of 
any public right-of-way.
  (3)  Certified copies of the Upper Manistee River natural river zoning  map 
shall be filed with all of the following entities:
  (a)  The state tax commission.
  (b)  Local tax assessing officers.
  (c)  Township and county clerks.
  (d)  County drain commissioners.
  (e)  Local building department.
  (f)  The  natural  rivers  unit  of  the  Michigan  department  of  natural 
resources.

  History: 2004 MR 24, Eff. Dec. 28, 2004.


R 281.176 Zoning permits; site plans; certificates of zoning compliance.
  Rule 6.  (1)  A building or other structure shall not  be  erected,  moved, 
added to, or structurally altered, and a land use  shall  not  be  commenced, 
without a zoning permit as specified by these rules  and  as  issued  by  the 
zoning administrator.  Permits shall not be required for exempt activities as 
specified in R 281.177.  Plans that are submitted when applying for a  zoning 
permit shall contain the necessary  information  for  determining  compliance 
with these rules.
  (2)  Concurrent with applying for  a  zoning  permit,  an  applicant  shall 
submit a site plan of the proposed development.  The site plan shall  include 
the entire area that is proposed for development.  The zoning  administrator, 
in the case of a principal use application, or the zoning  review  board,  in 
the case of a special use application, may  require adjustments in  the  site 
plan as a condition for approval to  ensure  that  the  proposed  development 
meets all standards contained in these rules.  Except as otherwise waived  by 
the zoning administrator, in the case of a principal use application, or  the 
zoning review board, in the case of a special use application,  a  site  plan 
shall show and include all of the following, either existing or proposed:
  (a)  A site plan drawn to scale, with the scale indicated.
  (b)  Property dimensions, including river frontage.
  (c)  Size, shape, use, and location of existing and proposed  buildings  or 
improvements, including distances to adjacent  property  boundaries  and  the 
river's edge.
  (d)  Existing vegetation, including the location and type.
  (e)  Adjacent streets and highways.
  (f)  Parking areas.
  (g)  Cross section drawing showing height of buildings  above  water  level 
and bluff heights.
  (h)  Entrances to public streets.
  (i)  A description of the building design, including proposed  construction 
materials.
  (j)  Drainage facilities.
  (k)  The location and description of the  method  to  dispose  of  sanitary 
wastes.
  (l)  Proposed landscaping.
  (m)  The location of footpaths.
  (n)  Signs proposed, including the size, location, and material.
  (o)  North arrow.
  (p)  Date of drawing.
  (q)  Detailed site location map.
  (r)  Any additional information required by  the  zoning  administrator  or 
zoning review board to carry out the  administrator's  or  board's  duties.   
Examples of such information include the following:
  (i)  Soil types.
  (ii)  Topography.
  (iii)  Building elevations.
  (iv)  Site photographs.
  (v)  Anticipated traffic volumes.
  (vi)  Traffic circulation patterns.
  (vii)  Other pertinent site information.
  (3)  A building, structure, or lot for  which  a  zoning  permit  has  been 
issued shall not be occupied, and a use for which a zoning  permit  has  been 
issued shall not commence, until the zoning administrator  has,  after  final 
inspection,  issued  a  certificate  of  zoning  compliance  that   certifies 
compliance with these rules.  However,  the  issuance  of  a  certificate  of 
compliance shall not be construed as waiving any provision of these rules.  A 
building that is an accessory to a dwelling  shall  not  require  a  separate 
certificate of zoning compliance, but may be included in the  certificate  of 
zoning compliance for the dwelling if shown on the site plan and if completed 
at the same time as the dwelling.  A record  of  all  certificates  that  are 
issued shall be kept on file in the office  of  the  zoning  administrator.   
Certificates of zoning compliance are for the purposes  of  these  rules  and 
shall not be interpreted as substitutes for certificates  of  occupancy  that 
are required by local building codes or local zoning permits.

  History: 2004 MR 24, Eff. Dec. 28, 2004.


R 281.177  Land use and development standards.
  Rule 7.  (1)  Land uses within the natural river district are classified as 
exempt, principal, or special uses and are described as follows:
  (a)  Exempt uses are uses which are permitted by right and  which  are  not 
subject to the receipt of a zoning permit.  Exempt uses include  all  of  the 
following:
  (i)  Private, noncommercial recreation which  does  not  involve  permanent 
structures, equipment, or other devices, but which includes camping, boating, 
fishing, hunting, and other similar activities.
  (ii)  Reforestation and other accepted forest management practices that  do 
not involve  permanent  structures  and  that  are  landward  of  the  native 
vegetation buffer.
  (iii)  Agricultural activities, such as plowing, disking  and  planting  of 
crops, including general and  specialized  farming  such  as  Christmas  tree 
farms, provided  that  all  new  activities  occur  landward  of  the  native 
vegetation buffer and provided such uses will not significantly contribute to 
stream  degradation.   Construction  of  any  residential  and   farm-related 
structures and appurtenances are classified as principal  uses  (see  subrule 
(b) of this rule)  and  are  subject  to  zoning  permit  requirements.   New 
aquaculture  facilities  and  concentrated  animal  feeding  operations,  and 
expansion of existing aquaculture facilities and concentrated animal  feeding 
operations, are not permitted within the Natural  River  District  without  a 
land use variance.  Resumption of prior agricultural uses that  were  located 
within the native vegetation buffer but have been discontinued, such as  crop 
fields that are rotated, may resume if 1 of the following criteria are met:
  (A)  The cessation of use was within 10 years of resumption of use.
  (B)  The cessation of use was due to implementation of  a  management  plan 
written prior to adoption of these rules.
  (C)  The cessation of use was the  result  of  written  agreements  with  a 
governmental agency or agencies entered into prior to adoption of these rules.
  (D)  The cessation of use was the  result  of  written  agreements  with  a 
governmental agency or agencies entered into after adoption of these rules or 
ordinances implementing this  plan,  where  the  term  of  cessation  of  use 
specified in the agreement is for 10 years or less.
  (E)  The cessation of use was required or imposed by a governmental  agency 
or agencies.
  (iv)  The operation of licensed motor vehicles on dedicated public roads or 
private roads that are designed to provide access to a permitted use.
  (v)  The off-road operation of emergency  and  public  utility  maintenance 
vehicles, and the operation of  motorized  or  non-motorized  wheelchairs  by 
persons with disabilities  on  footpaths,  boardwalks,  or  other  designated 
trails.  Other motorized vehicles may not be operated off  the  road  in  the 
native vegetation buffer as specified in R 281.174.
  (vi)  Cutting of low growing vegetation in the native vegetation buffer  to 
create a private footpath of not more that 4  feet  in  width  leading  to  a 
single point on the river's edge.  A boardwalk or other above  grade  walkway 
is considered a structure and requires a zoning permit.
  (vii)  Signs, subject to the provisions of  R 281.174.
  (viii)   A  replacement  residential  water  supply  well,   provided   the 
replacement well is no closer to  the  river's  edge  than  the  well  it  is 
replacing and is landward of the native vegetation buffer, and  the  replaced 
well is properly abandoned.
  (ix)  Routine maintenance and repairs of principal uses within the existing 
foundation and structure, subject to the provisions of R 281.180.
  (x)  Satellite dishes that are less than 24 inches in diameter and that are 
not located in the native vegetation buffer.
  (b)  Principal uses are uses which are allowed by right, but which  require 
the issuance of zoning permits by the zoning administrator.   Principal  uses 
include all of the following:
  (i)   Single-family  dwellings,   including   detached   long-term   rental 
dwellings, if all of the following provisions are complied with:
  (A)  Only 1 dwelling per parcel unless 1 of the following occurs:
  (1)  The property owner develops a site plan for the parent parcel  showing 
theoretical property  lines  for  individual  lots  based  on  Natural  River 
development  standards,   and   locates   any   additional   residences   and 
appurtenances as if the property were divided into those separate lots.
  (2)  For each single-family dwelling placed in a  cluster-type  setting  so 
that the requirements in subdivision (b)(i)(A)(1) are not met, a  portion  of 
the parent parcel containing square footage, width, depth and buildable  area 
equal to a newly created separate legal parcel  as  described  in  R  281.174 
shall  be  made  subject  to  a  permanent  conservation  easement  or   deed 
restriction that prohibits construction of any structures within that portion 
of the parcel, or the development rights to a portion of  the  parent  parcel 
containing square footage, width, depth, and buildable area equal to a  newly 
created separate legal lot or parcel as described in R 281.174 shall be sold, 
donated or otherwise conveyed in perpetuity to a land conservancy, local unit 
of government, or the state.  The agency  acquiring  the  development  rights 
shall agree in writing to refrain from development of the land in perpetuity.
  (B)  Building setback for lots shall be not less than  100  feet  from  the 
ordinary high watermark on the mainstream and other  designated  tributaries, 
except as described in subdivision (b)(i)(C) of this rule.  Structures  shall 
be set back not less than 50 feet from the crest of a bluff on the mainstream 
and not  less  than  25  feet  from  the  crest  of  a  bluff  on  designated 
tributaries.  No building shall  take  place  on  land  that  is  subject  to 
flooding or in any wetland area.  The natural contour of the face  and  crest 
of the bluff shall not be altered.  The land between the crest of  the  bluff 
and the minimum building setback line shall not be altered except  for  minor 
landscaping activities.
  (C)  Building setbacks in areas of concentrated development are as follows: 
 If a vacant legal nonconforming parcel is between and adjacent to 2  parcels 
that contain legal single-family dwellings  that  do  not  meet  the  minimum 
building  setbacks,  and  the  adjacent  legal  non-conforming  single-family 
dwellings are within 300 feet  of  each  other,  then  the  minimum  building 
setback for a new single-family dwelling on the vacant parcel is the distance 
from the river of the adjacent single-family dwelling that is  farthest  from 
the river's edge or the minimum  required  width  of  the  native  vegetation 
buffer, whichever is greater, provided  the  single-family  dwelling  is  not 
placed on lands that are subject to flooding or in  any  wetland  area.   All 
appurtenances  and  accessory  buildings  shall  meet  the  minimum  required 
building setback described in subdivision (b)(i)(B).  All structures shall be 
set back not less than 50 feet from the crest of a bluff  on  the  mainstream 
and not  less  than  25  feet  from  the  crest  of  a  bluff  on  designated 
tributaries.  The natural contour of the face and crest of  the  bluff  shall 
not be altered.  The land between the crest of  the  bluff  and  the  minimum 
building setback line shall not  be  altered  except  for  minor  landscaping 
activities.
  (ii)  Expansion of a legal nonconforming single-family dwelling subject  to 
the provisions of R 281.180.
  (iii)  Accessory buildings and  appurtenances  that  meet  requirements  of 
paragraph (i) of this subdivision.
  (iv)  One private boat dock per parcel, subject to R 281.174.
  (v)  One private river access stairway per parcel, subject to R 281.174.
  (vi)  Utility lines to service private, single-family dwellings.
  (vii)  Disposal fields, septic tanks, and outhouses if all of the following 
provisions are complied with:
  (A)  The septic tank  and  disposal  field  meet  local  health  department 
standards.
  (B)  The disposal fields shall be located not less than 100 feet  from  the 
ordinary high watermark and any surface or subsurface drain  that  discharges 
into the Upper Manistee River or its designated tributaries, and shall not be 
located within the  100-year  floodplain,  a  wetland  area,  or  the  native 
vegetation buffer.
  (C)  The septic tank shall be no closer to the river than the  dwelling  it 
serves and shall not be located within the 100-year floodplain or  a  wetland 
area.
  (D)  The bottom of the disposal field shall be at least 4  feet  above  the 
seasonal high groundwater table.
  (E)  An outhouse shall be constructed using a watertight waste  containment 
system which allows waste to be pumped and hauled to an appropriate  disposal 
site, shall be located  not  less  than  100  feet  from  the  ordinary  high 
watermark and any surface or subsurface drain that discharges into the  Upper 
Manistee River or its designated tributaries, and shall not be located within 
the 100-year floodplain, a wetland area, or the native vegetation buffer.
  (F)   Drywells  and  earth  privies  are  not  permitted  unless  they  are 
authorized by the local health department, are a minimum of 100 feet from the 
ordinary high water mark, and the bottom of the pit  or  seepage  bed  is  at 
least 4 feet above the seasonal high groundwater table.
  (G)  An innovative on-site treatment system that results in a higher  level 
of treatment than a conventional system may be located not less than 75  feet 
from the river's edge, provided no part of the system is in a wetland or  the 
100-year floodplain.
  (H)  Disposal of sludge from any wastewater treatment system is  prohibited 
in the Natural River District.
  (viii)  Water supply wells serving exempt, principal, or  special  uses  if 
the well is landward of the native vegetation buffer described in R 281.174.
  (ix)   Mining  and  extracting  industries,  if   all   land   disturbance, 
structures, and other activities related to the  industry  are  located  more 
than 300 feet from the ordinary high watermark.
  (x)  Land divisions, if the minimum standards specified in  R  281.174  are 
met.  A zoning permit, special use permit or variance will not be granted for 
any activity on a parcel that is created after the effective  date  of  these 
rules if the new parcel does not meet all of the standards in R 281.174.   No 
new parcel will be created that would require  reaching  the  only  buildable 
area by constructing a road/stream crossing.
  (xi)   Home  occupations  and  home-based  occupations,  subject   to   the 
provisions of Rule 4.
  (xii)  Land alteration, such as grading, dredging, and filling of the  land 
surface, except thin the native vegetation buffer, on the face or crest of  a 
bluff, or in a wetland or floodplain  as  defined  in  R  281.171.   Draining 
wetlands is prohibited.   Ponds  may  be  constructed  if  the  pond  is  not 
constructed in a wetland or the  100-year  floodplain,  the  pond  meets  the 
building  setback  established  for  the  area,  spoils  are  placed   in   a 
non-wetland, non-floodplain area landward of the  native  vegetation  buffer, 
and the pond is not connected to the  river  by  any  surface  or  subsurface 
drainage system.
  (xiii)  Bridges, including any structure of any  span  length  designed  to 
provide a pedestrian or vehicle stream crossing,  subject  to  the  following 
standards:
  (A)  All existing bridges that are destroyed by any  means,  whether  on  a 
tributary or mainstream segment, may be replaced.   On  mainstream  segments, 
destroyed pedestrian bridges may not  be  replaced  with  vehicle  bridges.   
Destroyed bridges shall be replaced within 18 months of  destruction  or  the 
replacement bridge shall be considered to be a new bridge and will be subject 
to new bridge standards.
  (B)  New bridges are not permitted on any parcel that is created after  the 
effective date of these rules.
  (C)  New bridges of any type are prohibited on mainstream segments.
  (D)  All replacement bridges on mainstream segments shall span the bankfull 
channel, have a minimum clearance of 5 feet between the ordinary  high  water 
mark and "low steel" (the bottom of the  bridge  deck  and/or  deck  supports 
other than abutments), and be a structure with a natural bottom, for example, 
pipe, box, or arch culverts are not permitted.
  (E)  New pedestrian bridges are permitted on all tributaries  provided  the 
lands connected by a new bridge were, at the time of adoption of these rules, 
and continue to be, collectively owned by a single person.
  (F)  New bridges linking properties in  separate  ownership  shall  not  be 
permitted except in areas where construction of such a  bridge  to  access  a 
permitted building site will result in less resource damage than construction 
of another type of permitted access.  The exception shall only apply to  lots 
that were created before the effective date of these rules.
  (G)  Only 1 bridge is permitted  to  access  a  portion  of  land  that  is 
otherwise inaccessible from the owner's contiguous property.
  (H)  Permanent new bridges on tributaries shall span the  bankfull  channel 
and be a structure with a natural bottom, for  example,  pipe,  box  or  arch 
culverts are not permitted, and,  in  the  case  of  pedestrian  bridges,  be 
constructed such that use by any motorized vehicles, such as dirt  bikes  and 
ATVs, are excluded.
  (I)  Permanent bridges replacing  bridges  that  have  natural  bottoms  on 
tributaries shall span the bankfull channel and be a structure with a natural 
bottom, for example, pipe, box, or arch culverts, are not permitted,  and  in 
the case of pedestrian bridges, be constructed such that use by any motorized 
vehicles, such as dirt bikes and ATVs, are excluded.
  (J)   Permanent  bridges  replacing  bridges  without  natural  bottoms  on 
tributaries shall span the bankfull channel, and, in the case  of  pedestrian 
bridges, be constructed such that use by any motorized vehicles, such as dirt 
bikes and ATVs, are excluded.
  (K)  Temporary vehicle bridges on tributaries for the purpose of access for 
timber harvest may be permitted provided they are  constructed  in  a  manner 
that minimizes disruption of the stream and  are  removed  immediately  after 
harvesting activities.  Disturbed areas in the native vegetation buffer shall 
be re-vegetated, any fill placed shall be  removed  and  the  land  shall  be 
returned to its original grade as soon  as  possible  after  removal  of  the 
bridge.  Proper erosion/sedimentation control methods shall  be  used  during 
placement and use of the bridge.
  (L)  New permanent vehicle bridges  on  tributaries  may  be  allowed  upon 
receipt of a special use permit.
  (xiv)  Forest management activities within the  native  vegetation  buffer, 
subject to the provisions of R 281.174.
  (xv)  Boardwalks that meet the setback requirements of  subrule  (2)(C)  of 
this rule and boardwalks associated with  a  footpath  to  the  river's  edge 
subject to R 281.174(6).
  (c)  The Upper Manistee River natural river plan and these rules  recognize 
that certain types of residential, recreational, and commercial uses  may  be 
appropriate for the natural river district  that  have  not  been  identified 
under the exempt and principal uses provisions of this rule.  To ensure  that 
such uses do not contravene the goals and objectives of  the  Upper  Manistee 
River natural river plan and these rules, such uses shall be referred  to  as 
special uses and shall be subject to the review and approval  of  the  zoning 
review board.  Special uses and their development standards  include  all  of 
the following:
  (i)  Detached rental  cabins,  if  all  of  the  following  provisions  are 
complied with:
  (A)  The number of cabins permitted shall be based on the rate of  1  cabin 
per 200 feet of frontage.  Clustering  of  rental  cabins  is  permitted  and 
encouraged; however, there shall not be more than 1 cabin  per  200  feet  of 
river frontage.  For each cabin placed in a cluster-type setting,  a  portion 
of the parent parcel containing square footage, width,  depth  and  buildable 
area equal to a newly created separate legal parcel as described in R 281.174 
shall  be  made  subject  to  a  permanent  conservation  easement  or   deed 
restriction that prohibits construction of any structures within that portion 
of the parcel, or the development rights to a portion of  the  parent  parcel 
containing square footage, width, depth and buildable area equal to  a  newly 
created separate legal lot or parcel as described in R 281.174 will be  sold, 
donated, or otherwise conveyed in perpetuity to  a  land  conservancy,  local 
unit of government, or the  state.   The  agency  acquiring  the  development 
rights shall agree in writing to refrain from  development  of  the  land  in 
perpetuity.
  (B)  The size of each cabin shall not exceed 900 square feet and 1 story in 
height.  The cabin shall not contain sleeping accommodations for more than  8 
people.
  (C)  Each cabin shall be set back a minimum of 200 feet from  the  ordinary 
high watermark.  All associated buildings and  structures  shall  be  located 
outside of the Natural River District.
  (D)  Temporary recreational facilities, including tents,  camper  trailers, 
and recreational vehicles shall be  located  outside  of  the  Natural  River 
District.
  (E)  Each cabin shall be a minimum of 75 feet from  the  property  line  of 
adjacent riverfront properties.
  (F)  Establishment of vegetative buffers along side or back lot  lines  may 
be required for rental cabins that are adjacent to existing residential uses. 
 Buffers shall consist of plant material that is indigenous to the area in  a 
strip at least 20 feet wide composed of  deciduous  trees  interspersed  with 
coniferous trees to be spaced not more than 10 feet apart.   Deciduous  trees 
shall be a minimum of 8 feet in height and coniferous trees a  minimum  of  5 
feet in height at the time of planting.  The buffer shall also include  dense 
shrubs placed not less than 5 feet apart having a minimum of 3 feet in height 
when planted.  The entire buffer shall be maintained in at least as healthy a 
condition as when planted.
  (G)  Docks may be constructed for the  private  use  of  occupants  of  the 
rental cabins.  Permanent and seasonal docks shall comply  with  the  general 
standards for 	docks and all of the following provisions:
  (1)  Docks shall be not larger than 48 square feet, with not  more  than  4 
feet of the dock extending into the water.
  (2)  Docks may be constructed at the rate  of  1  dock  per  1000  feet  of 
frontage.  If the property in  question  contains  less  than  1000  feet  of 
frontage, 1 dock will be permitted.
  (3)  Docks shall be constructed of natural materials that  blend  with  the 
natural surroundings.
  (4)  Access to a dock or docks shall be along a single designated  footpath 
not more than 4 feet wide to minimize disruption  of  the  native  vegetation 
buffer.
  (5)  Any steps or stairs necessary on the streambank  to  access  the  dock 
shall be constructed without cutting into the ground surface, unless site and 
soil conditions indicate that a recessed stairway will better meet the  goals 
and objectives of designation.
  (ii)  Campgrounds,  including  those  with  provisions  for  tents,  travel 
trailers, campers, and motor homes, with associated noncommercial  buildings, 
impervious pads, and utility hookups, if all of the following provisions  are 
complied with:
  (A)  Campgrounds shall be constructed and maintained in accordance with all 
applicable state regulations.
  (B)  Commercial buildings associated with the campground are prohibited  in 
the Natural River District.
  (C)  All permanent structures shall be at least 200 feet from  the  river's 
edge.
  (D)  Campsites are permitted at a density of not more than 4 sites per acre 
of land that is located in the Natural River District  and  landward  of  the 
native vegetation buffer.
  (E)  A 100 foot-wide native vegetation buffer  along  the  river  shall  be 
maintained.
  (F)  Campsites that accommodate wheeled motor vehicles shall  be  at  least 
200 feet 	from the river's edge.
  (G)  Walk-in campsites shall be landward of the native vegetation buffer.
  (H)  Docks may be constructed at the rate of 1  dock  not  larger  than  48 
square feet for each 200  feet  of  river  frontage,  accessed  by  a  single 
footpath not more than 4 feet wide.
  (I)  No motorized vehicle access to the river is permitted.
  (J)  Launching  or  retrieval  of  commercial  watercraft,  other  than  by 
registered campers on-site, is prohibited at any newly developed campground.
  (iii)  Permanent vehicle bridges on tributaries subject to  the  provisions 
of R 281.177.

  History: 2004 MR 24, Eff. Dec. 28, 2004.


R 281.178 Application and approval; procedures and standards; principal  uses 
and special uses.
  Rule 8.  (1)  An application for a principal use  shall  be  submitted  and 
processed pursuant to all the following procedures:
  (a)  An application for a principal use shall be  made  on  an  application 
form that is available from the zoning administrator and shall be returned to 
the zoning administrator.  A completed application shall contain all  of  the 
following information:
  (i)  A completed application form that is signed by the  applicant  or  the 
applicant's representative.
  (ii)  A site plan that meets the requirements of R 281.176.
  (iii)  Evidence of ownership or a legal interest in the  property  that  is 
affected by the application for a principal use.
  (b)  Within 21 days of receipt of an application for a principal  use,  the 
zoning administrator shall notify the applicant of the  need  for  additional 
information.
  (c)  Within 30 days of receipt  of  a  completed  application,  the  zoning 
administrator shall issue or deny a permit.  If a permit is denied, notice of 
the denial, together with the reasons for the denial, shall be  sent  to  the 
applicant.
  (d)  Concurrent with the issuance of a zoning permit,  an  applicant  shall 
receive a copy of the approved site plan.
  (e)  Before commencing construction of a principal use, an applicant  shall 
display the permit required by these rules face out in  a  conspicuous  place 
facing the nearest street or roadway and shall display it continuously  until 
the purpose for which the permit was issued is completed.
  (f)  Zoning permits are valid for 1 year  and  are  not  transferable.  All 
buildings shall be completed within 1 year from the date of issuance  of  the 
zoning permit.   However,  1  extension  may  be  authorized  by  the  zoning 
administrator, in writing, for  a  period  of  not  more  than  6  months  if 
conditions  pertaining  to  the  issuance  of  the  original  permit   remain 
unchanged.  An application for an extension shall be made before  the  permit 
expires.  Any subsequent extensions for a variance approval  shall  have  the 
written approval of the zoning review board.
  (2)  An application for  a  special  use  permit  shall  be  submitted  and 
processed pursuant to all the following procedures:
  (a)  An  application  for  a  special  use  permit  shall  be  made  on  an 
application form that is available from the zoning administrator and shall be 
returned to the zoning administrator.  A completed application shall  contain 
all of the following information and attachments:
  (i)  A completed application form that is signed by the  applicant  or  the 
applicant's representative.
  (ii)  Eight copies of a site plan that meets the requirements of R 281.176.
  (iii)  Evidence of ownership or a legal interest in the  property  that  is 
affected by the application for a special use.
  (iv)  A list of all property owners, together with their addresses, who are 
located within 300 feet of the applicant's property that is being  considered 
for a special use.
  (b)  The application, together with  the  required  attachments,  shall  be 
submitted not less than 30 days before the meeting of the zoning review board 
at which the application is to be considered.
  (c)  The zoning review board shall conduct at least 1  public  hearing  and 
shall require all of the following notifications of such hearing to  be  made 
not less than 5, nor more than 15, days before consideration of  the  special 
use application:
  (i)  One notice shall be published in a newspaper that  circulates  in  the 
township in which the proposal is located.
  (ii)  Notice shall be sent by first-class mail or personal delivery to  the 
owners of property for which approval is being considered and to all  persons 
who are identified in 2(a)(iv) of this subrule.
  (iii)  Notice shall also be sent to all of the following entities:
  (A)  The  natural  rivers  unit  of  the  Michigan  department  of  natural 
resources.
  (B)  Local tax assessing officials.
  (C)  Township and county clerks.
  (D)  Local building inspectors.
  (E)  State, district, or county health department, when applicable.
  (d)  In considering a special use  application,  the  zoning  review  board 
shall require that all of the following general  standards,  in  addition  to 
those specific standards established for each special use  in  R  281.177  be 
satisfied:
  (i)  That the purposes specified in R 281.172 are accomplished.
  (ii)  That a compelling reason exists to locate the proposed use within the 
district boundaries if  contiguous  property  under  the  same  ownership  is 
available outside the district.
  (iii)  That the proposed use in combination with other existing  uses  will 
not be a detriment to the public health, safety, and welfare.
  (e)  The zoning review board may  impose  conditions  deemed  necessary  to 
accomplish the general and specific standards applicable to the proposed use.
  (f)  The concurring vote of at least 4 of  the  7  voting  members  of  the 
zoning review board shall be required to approve a special use.
  (g)  A special use that is granted by the  zoning  review  board  shall  be 
valid for 1 year from the date of approval.  If construction has not, in  the 
opinion of the zoning review board, commenced and proceeded  meaningfully  at 
the end of the 1-year period, then the zoning administrator shall notify  the 
applicant, in writing, of the expiration of the special use approval.
  (h)  If the zoning review board determines that the applicant has failed to 
comply with any of the requirements of these rules or  the  approved  special 
use permit, then the board, after a public hearing held  in  accordance  with 
the provisions of subrule (c)  of  this  rule  may  revoke  any  special  use 
approval.
  (i)  An application for a special use that has been denied  by  the  zoning 
review board shall not  be  submitted  for  reconsideration  unless,  in  the 
opinion  of  the  zoning  administrator,  the  application  is  significantly 
different  in  scope  from  the  application  that  was  denied  or  new  and 
significant facts and conditions exist which may result in  favorable  action 
upon resubmission.
  (j)  Concurrent with the issuance of a special  use  permit,  an  applicant 
shall receive a copy of the approved site plan, with conditions, if any.
  (k)  Before commencing construction of a special use,  an  applicant  shall 
display the permit required by these rules face out in  a  conspicuous  place 
facing the nearest street or roadway and shall display it continuously  until 
the purpose for which the permit was issued is completed.

  History: 2004 MR 24, Eff. Dec. 28, 2004.


R 281.179 Variances and variance hearings.
  Rule 9.  (1)  A dimensional variance from these rules may be granted by the 
zoning review board after a public hearing or, in certain instances,  by  the 
zoning administrator as provided in subrule (3)  of  this  rule  to  allow  a 
modification from a standard that establishes an area,  yard,  height,  floor 
space, frontage, setback, or similar numerical restriction,  but  only  after 
substantive evidence establishes that there  are  practical  difficulties  in 
complying with these rules.  A variance shall be permitted only  when  it  is 
consistent with the general purposes and intent of these rules.
  (2)  The zoning review board or zoning administrator shall consider all  of 
the following factors in determining if there are practical  difficulties  in 
complying with these rules as specified in subrule (1) of this rule:
  (a)  How substantial the variance is in relation to the zoning requirements.
  (b)  Whether a substantial change will be effected in the character of  the 
area or a substantial detriment created for adjoining properties.
  (c)  Whether the difficulty can be overcome by some feasible  method  other 
than a variance.
  (d)  Whether, in view of the manner in  which  the  difficulty  arose,  the 
interests of justice shall be served by allowing the variance.
  (e)  Whether the plight of the landowner is due to circumstances which  are 
unique to his or her property and which are not created by the landowner.
  (f)  Whether the variance may result in a material adverse  effect  on  the 
environment.
  (3)  For the purposes of these rules, the required hearing and review of  a 
variance request by the zoning review board shall be waived for certain minor 
dimensional variances of principal uses, including legal nonconforming uses.  
Such variances shall be  handled  by  the  zoning  administrator,  who  shall 
consider  the  provisions  of  subrule  (2)  of  this  rule   in   making   a 
determination.  The zoning administrator shall prepare a written  finding  of 
fact that details the reasons for approval or denial of  the  minor  variance 
request.  Minor variances are defined as reductions in setbacks for  uses  on 
any lawful lot  that  are  not  more  than  25%  of  the  normal  dimensional 
requirements.  Such uses shall include principal or  accessory  buildings  or 
structures, including decks, porches, and steps.
  (4)  A land use variance is a land or building use in contravention of  any 
of the use requirements of these rules.  The zoning review board may, after a 
public hearing, grant a variance upon  a  finding  of  unnecessary  hardship, 
which may be found upon substantial evidence being submitted that all of  the 
following factors exist:
  (a)  The property cannot be used  in  a  manner  that  is  consistent  with 
existing zoning.
  (b)  The hardship results from  the  application  of  these  rules  to  the 
applicant's property.
  (c)  The hardship of which the applicant complains is suffered  by  his  or 
her property directly and is not shared by others.
  (d)  The hardship is not the result of the applicant's own actions.
  (e)  The hardship is peculiar to the applicant's own property.
  (5)  In determining whether reasonable use may be made of the  property  as 
zoned, a reasonable economic return may be a factor that could be considered, 
but only if the applicant is in compliance with the  provisions  of  subrules 
(1) to (4) of this rule.  Whether any weight shall be given to  the  economic 
return factor shall be dependent on a determination that the owner  has  been 
deprived of all beneficial use of his or her property under existing zoning.
  (6)  For a land use variance, the zoning review board shall, after  finding 
that unnecessary hardship exists, also find that, based on adequate evidence, 
the proposed use meets all of the following conditions:
  (a)  The use will be consistent with and in  accordance  with  the  general 
objectives of the Upper Manistee River natural river plan.
  (b)  The use will be designed, constructed, operated, and maintained so  as 
to be consistent with and appropriate in  appearance  with  the  existing  or 
intended character of the natural river district and the use will not  change 
the essential character of the natural river district.
  (c)  The use  will  be  adequately  served  by  existing  essential  public 
facilities and services,  such  as  highways,  police  and  fire  protection, 
drainage structures, refuse  disposal,  and  sanitation  facilities,  or  the 
persons or agencies  that  are  responsible  for  the  establishment  of  the 
proposed use may adequately provide essential services.
  (d)  The use will not involve uses, activities,  processes,  materials  and 
equipment, and conditions of  operation  that  will  be  detrimental  to  any 
persons, property, or the environmental quality of the  district  because  of 
the excessive production of noise, smoke, fumes, glare, or odors  or  require 
the outdoor storage of raw materials or discarded materials produced  in  the 
use processes.
  (e)  The use will be consistent with the intent and purposes of these rules.
  (f)  The use or the structures to be used will not cause an overcrowding of 
the land  or  an  undue  concentration  of  population  that  may  result  in 
degradation to the river and district.
  (g)  The use plot area is sufficient, appropriate, and adequate for the use 
and the reasonable anticipated operation and expansion thereof.
  (7)  Upon receipt of an application for a variance, the zoning review board 
shall conduct a hearing on the request, except as provided in subrule (3)  of 
this rule.  The hearing and  notice  procedure  shall  follow  the  procedure 
established for special use applications by the provisions of R  281.178.   A 
decision shall be made within 30 days after the final hearing to  approve  or 
deny the variance request.  The zoning review board shall keep  complete  and 
detailed records of all its proceedings, which shall include the  minutes  of 
its meetings, its findings, and actions taken on each  matter  heard  by  it, 
including the final order. Reasons for the decision shall be in writing.  The 
board shall record the vote of each member on each question. If a  member  is 
absent or fails to vote, the board shall indicate  such  fact.   All  records 
shall be open for public inspection.  The concurring vote of at  least  4  of 
the 7 voting members of the zoning review board shall be necessary to  effect 
a dimensional variance in these rules.  The concurring vote of at least 5  of 
the 7 voting members of the zoning review board is required to grant  a  land 
use variance in these rules.  If the required concurring vote for approval of 
a variance is not achieved, then the variance is considered to be denied.
  (8)  The zoning review board shall not issue a land use variance  when  the 
district allows the use as a special use.
  (9)  The effect of any variance shall be to  create  a  nonconforming  land 
use, lot, or structure that is then subject to  R  281.180,  which  regulates 
continued use.
  (10)  The zoning review  board  or  the  zoning  administrator  may  impose 
conditions on an applicant before granting a variance.  Such conditions shall 
be in writing.  The zoning permit  issued  for  the  project  for  which  the 
variance was approved is not valid until the applicant accepts the conditions 
in writing.
  (11)  An application for a variance that has  been  denied  by  the  zoning 
review  board  or  zoning  administrator   shall   not   be   submitted   for 
reconsideration unless, in the  opinion  of  the  zoning  administrator,  the 
application is significantly different in scope from the application that was 
denied or new and significant facts, and conditions exist which might  result 
in favorable action upon resubmission. 

  History: 2004 MR 24, Eff. Dec. 28, 2004.


R 281.180 Nonconforming uses, lots, and structures.
  Rule 10.  (1)  It is recognized that there exists, within the natural river 
district, lots, structures, and uses of land and structures which were lawful 
before these rules were promulgated or amended and which would be prohibited, 
regulated, or restricted  pursuant  to  the  terms  of  these  rules.   Legal 
nonconforming uses, structures, or lots continue until they are brought  into 
conformity and, in certain instances, permit the limited expansion of certain 
legal nonconforming uses and structures. 
  (2)  If the combination of 2 or more contiguous nonconforming  vacant  lots 
owned by the same person results in  an  increase  in  conformance  with  the 
dimensional requirements of these rules, then the lots shall be combined  for 
use, unless the lots are within a plat established  before  the  adoption  of 
these rules wherein more than 50% of the platted lots contain a single-family 
dwelling.
  (3)  An application for a zoning permit for a  principal  use  on  a  legal 
nonconforming lot of record shall be approved by the zoning administrator  if 
both of the following provisions are complied with:
  (a)  The principal use complies with these rules, except  the  minimum  lot 
width and area requirements.
  (b)  The applicant  or  owner  of  the  subject  lot  does  not  own  other 
contiguous properties when, if combined with  the  nonconforming  lot,  would 
result in increasing the conformity of the lot.
  (4)  An application for a zoning permit for a  principal  use  on  a  legal 
nonconforming lot of record that is not in compliance with subrule (3)(a) and 
(b) of this rule shall be treated as a variance pursuant to the provisions of 
R 281.179.
  (5)  Where, on the effective date of these  rules  a  lawful  use  of  land 
exists that is made unlawful pursuant to the terms of these  rules,  the  use 
may be continued if it remains  otherwise  lawful,  subject  to  all  of  the 
following provisions:
  (a)  The nonconforming use shall not be enlarged, increased, or extended to 
occupy a greater area of land than was occupied  on  the  effective  date  of 
these rules without a land use variance.  Enlarging, increasing or  extending 
a lawful, nonconforming use shall be treated as  a  variance  pursuant  to  R 
281.179.
  (b)   The  nonconforming  use  and  the  structures  associated  with   the 
nonconforming use shall not be moved, in whole  or  in  part,  to  any  other 
portion of the lot or parcel that is occupied by such use  on  the  effective 
date of these rules, unless the move would result  in  a  greater  degree  of 
conformity with these rules.
  (c)  If the nonconforming use of land ceases for any reason for a period of 
12 months, any subsequent use of the land shall conform to  the  requirements 
specified by these rules.
  (6)  Where a lawful structure exists on the effective date of  these  rules 
or amendment of these rules that is made unlawful pursuant to  the  terms  of 
these rules, the structure may be continued if it remains lawful, subject  to 
all of the following provisions:
  (a)  The structure may not be expanded or altered in a way  that  increases 
its nonconformity, such as expanding toward the river's  edge  or  increasing 
the height above the maximum height  standard.   However,  the  ground  floor 
area, for example, "footprint,"  of  any  legal  nonconforming  single-family 
dwelling may be increased by up to  50%,  or  up  to  75%  if  the  expansion 
requires a minor variance, of the existing enclosed ground floor living  area 
cumulative from  the  date  of  nonconformance,  or  to  the  minimum  extent 
necessary to comply with local standards for minimum  legal  floor  area  for 
dwellings, whichever is greater, through alterations, repairs, and additions, 
if the increase does not increase the nonconformity  of  the  dwelling.   Any 
alteration of a legal nonconforming dwelling must, to the extent possible, be 
in  compliance  with  all  setback  and  other  building  requirements.   Any 
expansion  of  a  lawful,  nonconforming  dwelling,  including  addition   of 
additional stories, shall be treated as a variance pursuant to the provisions 
of  R 281.179 unless it meets the criteria in subrule 10(6)(b) of this rule.
  (b)  Expansion of a nonconforming single-family dwelling may  be  permitted 
by the zoning administrator, without the need for a variance, if either 1  of 
the following applies:
  (i)  When any part of the expansion is located within the native vegetation 
buffer, expansion of the dwelling is to the landward  side  of  the  existing 
structure and is less than a 50% increase in  enclosed  ground  floor  living 
area and the height of the expansion is not greater than the  height  of  the 
original dwelling, and the expansion is not  located  in  a  wetland  or  the 
100-year floodplain.
  (ii)   When  the  expansion  is  located  completely  outside  the   native 
vegetation buffer, expansion of the dwelling is not closer to the river  than 
the closest point of the existing dwelling and is less than a 50% increase in 
enclosed ground floor living area and the height  of  the  expansion  is  not 
greater than the height of the original dwelling, and the  expansion  is  not 
located in a wetland or the 100-year floodplain.
  (c)  If any legal nonconforming structure is destroyed by any means, except 
willful destruction by the property owner or his or her agent, to  an  extent 
that is more than 50% of twice its assessed evaluation, then  restoration  of 
the structure may be permitted by the zoning administrator, without the  need 
for a variance, if all of the following conditions exist:
  (i)  The structure is not located on land subject to flooding (the 100-year 
floodplain).
  (ii)  The  presence  of  the  nonconforming  structure  will  not  lead  to 
accelerated bank erosion or other material degradation of the river  resource 
and the construction of the structure is approved by the local  soil  erosion 
and sedimentation control enforcement agency.
  (iii)  The restored structure occupies the same enclosed ground floor area, 
for example, "footprint,"  and  contains  the  same  square  footage  as  the 
original structure.
  (iv)  Application for permission to restore a  damaged  structure  is  made 
within 12 months of the time of damage.  An extension may be granted  if  the 
property is held in probate, an insurance settlement related to the damage is 
in dispute, or a criminal investigation related to the damage is in progress.
  (v)  If any of the provisions subdivision (c)(i) to (iv)  of  this  subrule 
cannot be met, restoration of a destroyed legal nonconforming structure  will 
require a variance.
  (d)  If a structure is willfully destroyed by the property owner or his  or 
her agent to  an  extent  that  is  more  than  50%  of  twice  its  assessed 
evaluation, the property owner shall be required to meet the building setback 
requirement to the greatest extent possible  when  constructing  any  new  or 
replacement structure.
  (e)  If a variance is granted for a new single-family dwelling to replace a 
single-family dwelling, the new dwelling shall not occupy more than  150%  of 
the enclosed ground floor area of the destroyed dwelling, except  that  if  a 
minor variance is granted for a  new  single-family  dwelling  to  replace  a 
single-family dwelling, the new dwelling shall not occupy more than  175%  of 
the enclosed ground floor area of the destroyed dwelling.
  (f)  A variance shall not be granted for a new nonconforming  structure  to 
replace a destroyed nonconforming structure that  would  result  in  the  new 
structure being more nonconforming than the destroyed structure.
  (g)  The nonconforming structure shall not be moved, in whole or  in  part, 
to any other portion of the lot or parcel that is occupied by  the  structure 
on the effective date of these rules or amendment of these rules, unless  the 
move would result in a greater degree of conformity with these rules.  Moving 
a legal nonconforming structure requires a zoning permit and  may  require  a 
variance.

  History: 2004 MR 24, Eff. Dec. 28, 2004.


R 281.181 Zoning administrator and zoning review board; appointment; duties.
  Rule 11.  (1)  The director shall appoint a zoning administrator and zoning 
review board to act as his or her agents to enforce these rules.
  (2)  The zoning administrator shall do all of the following:
  (a)  Provide necessary forms  and  applications  and  receive  and  process 
applications.
  (b)  Determine and verify zoning compliance when the applicant's plans  are 
found to conform to the provisions of these rules.
  (c)  Conduct site inspections to ensure compliance with these rules.
  (d)  Pursue resolution of violations of the provisions of these rules.
  (e)  Issue any authorized permits and certificates of zoning compliance.
  (f)  Identify and record information relative to nonconformities.
  (g)  Maintain files of applications, permits, and other relevant documents.
  (h)  Schedule meetings and hearings for, and  provide  assistance  to,  the 
zoning review board.
  (i)  Act on minor variances as permitted by the provisions of R 281.179.
  (3)  The zoning review board shall do all of the following:
  (a)  Adopt rules of procedure that govern the transaction of its business.
  (b)  Act upon requests for special use permits.
  (c)  Act on certain dimensional  and  land  use  variances  pursuant  to  R 
281.179.
  (d)Act on the interpretation of the  official  zoning  map  pursuant  to  R 
281.185.
  (4)  In establishing the zoning review board, the director shall  cooperate 
with, and seek the advice of, all of the following entities:
  (a)  Affected townships and counties.
  (b)  Conservation districts.
  (c)  Property owners' associations.
  (d)  Other interested local organizations and citizens.
  (5)  The director shall request  that  each  affected  township  appoint  1 
person to represent its interests on matters within  its  jurisdiction.   The 
director shall request  that  each  affected  county  appoint  2  persons  to 
represent its interests on matters within its jurisdiction.   One  of  the  2 
persons shall be a county official who  works  in  planning,  zoning,  public 
health, soil erosion and sedimentation control,  or  a  related  field.   The 
director shall request that each affected  conservation  district  appoint  1 
person to represent its  interests  on  matters  within  its  jurisdiction.   
County, township, and conservation district representatives who are appointed 
pursuant to  this  rule  shall  vote  only  on  those  matters  within  their 
respective jurisdictions.  If affected townships, counties,  or  conservation 
districts do not appoint an individual to represent them within 60 days  from 
the request by the director, then the director may make appointments  on  his 
or her own motion.  The director shall appoint 1 local DNR representative and 
2 citizens representatives who shall vote on all matters before the board.
  (6)  In accordance with subrule  (5)  of  this  rule,  the  director  shall 
request that each governmental unit and organization  that  appoints  regular 
members to the zoning  review  board  also  appoint  1  alternate  member  to 
represent the governmental unit or organization.  The director shall  appoint 
alternates for the local DNR representative and 2 citizens' representatives.  
The alternate member may be called to sit as a regular member in the  absence 
of a regular member.  An alternate member may also be called to serve in  the 
place of a regular member for the purpose of reaching a decision on a case in 
which the regular member has abstained for reasons of conflict of interest.   
An alternate member who is appointed shall serve in the case  until  a  final 
decision has been made.  An alternate  member  shall  have  the  same  voting 
rights as a regular member of the zoning review board.
  (7)  The zoning review board shall hold at least  1  meeting  annually  for 
such purposes as  adopting  or  amending  rules  of  procedure,  establishing 
officers, educational purposes, or to  conduct  any  manner  of  business  as 
provided for by these rules.

  History: 2004 MR 24, Eff. Dec. 28, 2004.


R 281.182  Appeals;  contested cases.
  Rule 12.  An aggrieved party  who  contests  the  decision  of  the  zoning 
administrator or zoning review board shall be granted a hearing if a petition 
is filed with the director within 60 days  after  notice  of  disapproval  is 
received.  The hearing shall be conducted  pursuant  to  the  provisions  for 
contested cases of 1969 PA 306, MCL 24.201, and R 299.3071 to R 299.3081.

  History: 2004 MR 24, Eff. Dec. 28, 2004.


R 281.183  Violations; effect; remedies.
  Rule 13.  (1)  After the effective date  of  these  rules,  a  building  or 
structure or land shall not be used or occupied, and a building or  structure 
or part thereof shall not be erected, constructed, reconstructed,  moved,  or 
structurally  altered,  unless  the  building,  structure,  or  land  is   in 
compliance with the provisions of these rules.  A permit  or  variance  shall 
not be approved, and action shall not be taken, if approval of the permit  or 
variance or the action taken violates these rules.  The  director  shall  not 
waive any of his or her rights or remedies against any  person  who  violates 
these rules if the violations were committed in reliance on an  authorization 
erroneously given  in  violation  of  any  provision  of  these  rules.   Any 
authorized permit, variance, or action that is contrary  to  these  rules  is 
deemed invalid from the date of the authorization.
  (2)  In  addition  to  all  other  remedies,  the  director  may  institute 
appropriate action or proceedings to prevent,  restrain,  correct,  or  abate 
rule violations or threatened violations.

  History: 2004 MR 24, Eff. Dec. 28, 2004.


R 281.184  Boundaries  and   permitted   uses;   changes,   amendments,   and 
supplements; precedence of local zoning ordinance over rules.
  Rule 14.  (1)  The director may make changes, amendments,  and  supplements 
to boundaries and to permitted uses requested by a local unit  of  government 
or by a landowner following a hearing held  pursuant  to  the  provisions  of 
sections 71 to 87 of 1969 PA 306, MCL 24.271 to 24.287, if implementation  of 
the change, amendment, or supplement does  not  contravene  the  purposes  of 
these rules as specified in R 281.182.
  (2)   Copies  of  any  changes,  supplements  to  boundaries,  or   adopted 
amendments shall be sent to all of the following entities:
  (a)  The county register of deeds.
  (b)  Township and county clerks.
  (c)  The local building inspector.
  (d)  Local soil erosion and sedimentation control enforcement agencies.
  (e)  The conservation district.
  (f)  County drain commissioner.
  (g)  Zoning review board members.
  (3)  A local zoning ordinance that meets all of the requirements of Natural 
Rivers Part 305 of 1994 PA 451, and either 1943 PA 184,  MCL,  1943  PA  183, 
MCL, whichever is applicable, shall take precedence over these rules.   If  a 
local zoning ordinance does not meet  all  of  the  requirements  of  Natural 
Rivers  Part  305  of  1994  PA  451,  or  if  the  local  ordinance  becomes 
inapplicable to the land area encompassed by the Upper Manistee River natural 
river district through court action or for  any  other  reason,  these  rules 
shall apply.  A local unit of  government  may,  at  any  time,  request  the 
assistance of the department of natural resources in developing an  ordinance 
that meets the requirements of Natural Rivers Part 305 of 1994 PA  451.   The 
director shall determine if a local ordinance meets all of  the  requirements 
of Natural Rivers Part 305 of 1994 PA 451, and shall notify the local unit of 
government of his or her decision in writing.  If the director withdraws  his 
or her approval of a local zoning ordinance, these rules shall apply.

  History: 2004 MR 24, Eff. Dec. 28, 2004.


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