Section 281.21. Definitions.

Rule 1. (1) As used in these rules:

(a)   "Act" means Part 323 oF Act No. 451 of the Public Acts of 1994, as amended, being Section 324.32301 et seq. of the Michigan Compiled Laws, and known as shorelands protection and management.

(b)   "Alteration of vegetation" means to change the  natural  density  and composition of plants by human activity such as mowing, cutting, clearing, spraying, burning, trimming, thinning, and other means.

(c)   "Erosion hazard line" means the line along the shoreland that is  the landward edge of the zone of active erosion or the line where the 583.0 feet international Great Lakes datum contour on Lake Michigan, the 582.2 feet international Great Lakes datum contour on Lake Huron, or the 603.3 feet international Great Lakes datum contour on Lake Superior meets the shoreland, whichever is furthest landward.

(d)   "High bluff" means a bluff or dune that is more than 25 feet in height measured from the appropriate elevation contour set forth in   the definition of erosion hazard line.

(e)   "Low bluff" means a bluff or dune that is 25 feet or less in height measured from the appropriate elevation contour set forth in the  definition of erosion hazard line.

(f)   "Nonconforming structure" means a permanent structure which does  not conform to the required setback distance at the time of designation or which became nonconforming due to erosion or became nonconforming due to a change in the required setback distance. Permanent structures that are constructed in violation of these rules shall  not  be considered  to  be  nonconforming structures.

(g)   "One hundred-year flood" means a flood that has a l% chance of being equaled or exceeded in any given year.

(h)    "Parcel" means a continuous area or acreage of land that is under the same ownership at the time of designation.

(i)    "Permanent structure" means any 1 of the following structures that is erected, installed, or moved on a parcel of property:

(i)   A residential building.

(ii)   A commercial building.

(iii)   An industrial building.

(iv)   An institutional building.

(v)   A mobile home.

(vi)   Accessory and related buildings.

(vii)   A swimming pool or deck that has a roof or walls.

(viii)   Septic systems.

(ix)   Tile fields.

(x)   Other waste-handling facilities.A permanent structure shall be considered small if it has a foundation size of 3,500 square feet or less and less than 5 individual living units. All other permanent structures shall be considered large. "Permanent structure" does not include recreational vehicles, travel trailers, swimming pools, or decks constructed on pilings if the pool or deck does not have a roof or walls. A "Permanent Structure" also does not include separate appurtenant structures which have less than  225  square feet, which are used for picnicking or storing of recreational or lawn equipment, and which are constructed in a manner that facilitates easy removal. The appurtenant structure shall not have a permanent foundation and shall not be used as a residential facility.

(j)     "Projected recession distance" means the distance, in feet, determined by the department under R 281.22.

(k)   "Readily moveable structure" means a small permanent structure which is designed, sited, and constructed to accomplish relocation at a reasonable cost relative to other structures of the same size and construction. Access to and from the site shall be of sufficient width and acceptable grade to permit the structure to be relocated. New construction and installations shall meet the following criteria to be considered readily  moveable structures:

(i)   The buildings shall be on pilings, a basement, or crawl space. Except as noted in paragraph (ii) of this subdivision, a slab-on-grade foundation does not meet this criterion.

(ii)   Above-grade walls shall be stud wall or whole log construction. Above- grade walls that are constructed of masonry, including stone walls, concrete poured, or concrete block walls do not meet this criterion. Existing permanent structures shall be considered readily moveable structures if the cost of relocation landward of the required setback distance is not more than 25% of the replacement cost of the structure or   if the existing structure meets the criteria for new construction in this subdivision. A 1- or 2-car garage which is bolted to a slab foundation and which does not have plumbing or interior walls is a readily moveable structure if it meets the remainder of the requirements specified in this subdivision. Septic systems, tile fields, or other waste- handling facilities  are not  readily moveable structures.

(l)   "Required setback distance" means  the  least  distance  a  permanent structure can be constructed from the erosion hazard line without a special exception. The required setback distance is calculated using the   following criteria:

(i)    For low bluffs, the required setback distance shall be at the projected recession distance from the erosion hazard line.

(ii)    For high bluffs, the required setback distance is calculated by adding 1.0 to the product of the percentage points of slope over 25% and 0.05 to a maximum of 2.O. The answer is multiplied by the projected recession distance in feet. The following table shows sample calculations using this formula:

Required Setback

Percent Slope 1.0 (Percent Slope over 25% x 0.05)      Multiplier 25 1.0+ (0 x  0.05) =   1

30  1.0+   (5 x  0.05) =   1.25 35  1.0+  (10 x  0.05) =     1.5 40  1.0+  (15 x  0.05) =   1.75

45 1.0+ (20 x  0.05) =  2.0

The slope of the bluff or dune is measured over a  50-foot  distance  on   the lower portion of the lakeward facing slope of the dune or bluff.

(iii)     The required setback distance shall not be greater than the projected recession distance from the top of the lakeward facing slope  of a dune or bluff.

(iv)   For bluffs and dunes which have slopes of more than 60% and which are more than 100 feet in elevation above the appropriate lake elevation set forth in the definition of erosion hazard line, the required setback distance shall be established not less than 30 feet landward of the lakeward facing slope of the dune or bluff.

(m)    "Structure zone" means an area within an   environmental   area   where   a permit under this part is not required to engage in the activities  specified in R 281.23(6).

(n)   "Setback line" means the line which is the required setback distance landward of the erosion hazard line and which is the lakeward limit for the construction   of permanent structures without a special exception.

(o)    "Substandard parcel" means a lot or parcel of record or a lot or parcel which is described in a land contract or deed that is executed and delivered before the designation of a high-risk erosion area and which does not have adequate depth to provide the required setback distance from the erosion hazard line for a permanent structure. “Substandard Parcel” also means those lots which are legally created after the designation of a high-risk erosion area and which have sufficient depth to meet setback requirements for permanent structures, but which subsequently  become   substandard due to erosion processes or become substandard due to a change in the required setback distance.

(p)   "Wetland-oriented birds" means any of the following:

(i)   Waterfowl.

(ii)   Shorebirds.

(iii)   Gulls.

(iv)   Terns.

(v)   Herons.

(vi)   Rails.

(vii)   Bitterns.

(viii)   Other birds associated with coastal or wetland areas.

(q)   "Wetland-oriented mammals" means any of the following:

(i)   Muskrats.

(ii)   Mink.

(iii)   Beavers.

(iv)   Otter.

(v)   Other mammals associated with coastal or wetland habitats.

(r)   "Zone of active erosion" means the area of the shoreland where the disturbance or loss of soil and substrate has occurred with sufficient frequency to cause unstable slopes or prevent vegetation of the area.

(2) The terms defined in the act have the same meanings when used in these rules.

History: 1979 AC; 1981 AACS; 1992 AACS; 1998-2000 AACS.