2005 Senate Bill 282 / Public Act 56

Revise DEQ soil erosion permits

Introduced in the Senate

March 2, 2005

Introduced by Sen. Jud Gilbert (R-25)

To require a local soil erosion control enforcing agency to issue a general permit for a residential project to a residential property owner for routine maintenance activities on a previously permitted seawall or similar structure, upon application and payment of a reasonable fee. Also, to exempt residential property owners from permit requirements for gardening, landscaping, household maintenance, fencing, and preventative measures used to stabilize soils.

Referred to the Committee on Natural Resources and Environmental Affairs

March 17, 2005

Reported without amendment

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

March 23, 2005

Substitute offered

To replace the previous version of the bill with one that makes explicit several types of residential projects exempt from permit requirements. These include: an earth change of a minor nature; gardening, if the natural elevation of the area were not raised; digging post holes for fencing, decks, utility posts, mailboxes, etc.; normal and customary residential landscaping, including planting trees and shrubs, seeding or reseeding lawns less than one acre, and stockpiling less than 10 yards of soil, sand, or gravel at least 100 feet from state waters.

The substitute passed by voice vote

March 24, 2005

Amendment offered by Sen. Liz Brater (D-18)

To prohibit a homeowner from seeding or reseeding a lawn within 500 feet of a storm drain inlet without getting a permit.

The amendment failed by voice vote

Amendment offered by Sen. Liz Brater (D-18)

To prohibit a homeowner from stockpiling 10 cubic yards or more of dirt or sand within 500 feet of a storm drain inlet without getting a permit.

The amendment failed 16 to 21 (details)

Passed in the Senate 22 to 15 (details)

To exempt residential property owners from soil erosion control permit requirements for gardening, landscaping, household maintenance, fencing, and preventative measures used to stabilize soils (see Senate substitute vote for details). Also, to require a local soil erosion control enforcing agency to issue a general permit for a residential project to a property owner for routine maintenance activities on a previously permitted seawall or similar structure, upon application and payment of a reasonable fee.

Received in the House

March 24, 2005

Referred to the Committee on Natural Resources, Great Lakes, Land Use, and Environment

May 19, 2005

Reported without amendment

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

May 31, 2005

Substitute offered

To replace the previous version of the bill with one that incorporates technical changes resulting from committee testimony and deliberation. This version was subsequently superceded by another substitute with more technical changes.

The substitute failed by voice vote

Substitute offered by Rep. Phil Pavlov (R-81)

To replace the previous version of the bill with one that also exempts seawall maintenance that does not exceed 100 square feet from permit requirements, but eliminates the provisions related to "general" permits for a residential projects.

The substitute passed by voice vote

Amendment offered by Rep. Lorence Wenke (R-63)

To eliminate a provision allowing a homeowner to stockpile 10 cubic yards or more of dirt or sand within 100 feet of a storm drain inlet without getting a permit.

The amendment failed by voice vote

June 1, 2005

Passed in the House 107 to 0 (details)

To exempt residential property owners from soil erosion control permit requirements for gardening, landscaping, household maintenance, fencing, and preventative measures used to stabilize soils (see Senate substitute vote for details), and also exempts small seawall repairs.

Received in the Senate

June 2, 2005

June 15, 2005

Passed in the Senate 38 to 0 (details)

To concur with the House-passed version of the bill.

Signed by Gov. Jennifer Granholm

June 30, 2005