Section 322.1003. Marina lease application; criteria and procedures.

(1) When an application is made for filled  or   unfilled bottomland  or water area for marina purposes, the protection and enhancement of the public trust in the bottomlands and waters of the Great Lakes shall be of primary concern. The department shall consider the character and current uses of the adjacent upland. An applicant may be required to furnish supporting evidence, satisfactory to the department, that marina services in the locality are necessary and feasible.

(2)    In addition to the application requirements of R 322.1002, a survey shall be provided which specifies the location of all fills,  pilings,  structures,  and improvements, including all of the following:

(a)  The existing and planned mooring area.

(b)   Boat storage.

(c)   Turning basins.

(d)  Traffic lanes.

(e)    The location, number, and size of all boat  wells,  slips,  and pump-out facilities.

(3)   The department may require the design and survey of projects costing $50,000.00 or more to be certified and sealed by a registered professional engineer as authorized in Act No. 299 of the Public Acts of 1980, as amended, being §339.101 et seq. of the Michigan Compiled Laws.

(4)     The applicant shall file a surety bond or other assurance satisfactory to the department immediately after final approval by the state administrative board and before execution of the lease by the department. The surety bond or  other  assurance shall ensure that the applicant will truly and faithfully perform the  covenants, conditions, and agreements specified in the lease, and shall further ensure that all pilings or other structures be removed upon cancellation or termination of the lease. The amount of the bond shall be determined by the department and shall be commensurate with the cost of restoring bottomlands to pre-lease condition. The bond shall be in effect for the period of the lease term or until all lease conditions have been fulfilled to the department's satisfaction.

(5)   The department shall issue a statement releasing the lessee and the bond company upon termination of the marina lease and upon satisfactory restoration of the bottomlands.

(6)    An application to construct a new marina or expand the watercraft handling capacity of an existing marina shall include documentation as  to how the facility will

provide watercraft sanitary holding tank  pump-out services as required under section 5 of Act No. 167 of the Public Acts of 1970, as amended, being §323.335 of the Michigan Compiled Laws.

History: 1982 AACS; 1986 AACS.