A Bi-Weekly Publication 
Friday September 23, 2005

 

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In This Issue:

·         DEPLORABLE BILLS UPDATE

·         LOCAL OPTIONS FOR PROTECTING WETLANDS

·         CELEBRATE THE 33rd ANNIVERSARY OF THE CLEAN WATER ACT

·         WATER PROTECTION LEGISLATION INTRODUCED

·         DEQ BUDGET UPDATE


BILL UPDATES: HB 4892 AND HB 5127

House Bill 4892 would amend Part 303 of the Natural Resources Protection Act to specify that the DEQ could NOT impose conditions for mitigation for road work within the right-of-way of the road.  This exemption for mitigation would only apply to roads already in existence and would not include the construction of new roads.  HB 4892 has been passed by the House and was referred to the Senate Committee on Natural Resources and Environmental Affairs.

House Bill 5127 which was introduced on September 6 by Representative Amos would amend the Natural Resources and Environmental Protection Act to exempt the construction, maintenance, or widening of a driveway. This would tie the DEQ's hands when reviewing driveway applications through the General Permit process. Under existing law, even General Permit applicants must first show they have considered all alternatives that would have less impact on wetlands. The bill would prevent DEQ from requiring applicants to consider the use of alternative upland building sites on the property that would take away the need for the proposed driveway.  The bill has been referred to the House Committee on Natural Resources, Great Lakes, Land Use, and Environment

Not only would the passage of these bills allow for the destruction of wetlands, both hold the potential to weaken wetland protection within the state of Michigan.   Both bills would jeopardize Michigan's assumption of the federal wetland program. Michigan has a proud tradition of being one of only two states to administer Section 404 Program of the Clean Water Act (wetlands protection).  To keep the authority to administer Section 404, the state must maintain a program that is equivalent to the federal program.  Broadening state exemptions beyond the specifications of federal exemptions would reduce the current equivalency standards, therefore, putting the state's assumption in jeopardy.   

Contact your Senator and Representative today and urge them to oppose these damaging bills.

ADVANCED LOCAL WETLAND WORKSHOPS OFFERED

Get answers to questions about adopting and implementing local wetland protection programs:  

 

Tuesday, October 25 1-4PM

The University Center

80 Livingston Blvd., Gaylord

 

Tuesday, November 1 1-4PM

Grand Valley State University, DeVos Center

401 W. Fulton St., Grand Rapids

 

Environmental attorney Ellen Kohler will discuss issues that frequently occur as part of local wetlands protection.  Examples include:

 

  • What are the property rights issues and how do we meet Constitutional requirements?
  • What does a local program add to wetlands protection provided under state law?
  • Do recent amendments to state law make local programs too complicated for most communities?
  • Can a local government require setbacks from wetlands and other natural features?

 

Registration fee is $35 per person for each workshop.  For more information, contact Grenetta Thomassey, Water Policy specialist at Tip of the Mitt Watershed Council, (231) 347-1181 ext. 115, or email grenetta@watershedcouncil.org

 

This event is made possible through the support of East Michigan Environmental Action Council, Michigan Department of Environmental Quality, Tip of the Mitt Watershed Council, and the United States Environmental Protection Agency.



CELEBRATE THE 33RD ANNIVERSARY OF THE CLEAN WATER ACT

Tip of the Mitt Watershed Council and the Michigan Environmental Council are hosting a special program called “Clean Water – Your Heritage, Your Future” on Tuesday, October 18th to celebrate the 33rd anniversary of the Clean Water Act, the foundation for water pollution control. 

 

The NPDES program, which provides stormwater regulation under the Clean Water Act, provides the first layer of protection for surface waters, governing direct discharges into our lakes, rivers, and streams.  Since stormwater is a significant concern for coastal communities, the program will focus on improving coastal policies and programs.  The program will also review and explain water quality standards and enforcement, as well as discuss what citizens can effectively advocate for water quality in their local communities.  Part of the program will feature “Edens Lost and Found”, a PBS documentary of how ordinary citizens are restoring our great American cities.

 

Clean Water-Your Heritage, Your Future:

October 18, 2005

4:00pm to 9:00pm with a gourmet dinner at 5:30

The Inn at Bay Harbor, Bay Harbor, MI

Cost:  $25 per person

For more information or to register, please call 231.347.1181 ext. 100.

Registration deadline is October 10, 2005.

HOUSE DEMOCRATS SPONSOR WATER PROTECTION PACKAGE

 

Last week, a legislative package was unveiled in the House to protect our Great Lakes.  The package restricts companies that want to bottle up and sell Great Lakes water for profit in other states; establishes tougher penalties for those who put the Great Lakes in danger; and gives local communities a voice in any proposal to divert Great Lakes water.

 

In addition to the legislation introduced in the House, Senator Patty Birkholz announced this week that similar legislation to protect Michigan’s groundwater will be before the Senate by the end of October. 

 

Look for updates in future MWAC newsletters.     

 

DEQ BUDGET UPDATE

 

I am happy to report that the general fund has been restored to the Land and Water Management Division of the DEQ.  The proposed $2 million cut was not included in the 2006 budget after all. This means that the regulatory programs for Michigan’s wetlands, lakes, and streams will continue to protect our valuable resources.  However, it should be noted that the budget still fails to cover the projected expenses to manage the program in 2006.

 

 

 

 

 

 

 

 

 

 

 

 

 

Tip of the Mitt Watershed Council
426 Bay Street , Petoskey, Michigan 49770
Phone: (231) 347-1181 x 114
Fax: (231) 347-5928
Email: jenniferm@watershedcouncil.org
 Web: http://www.michiganwetlands.org

Tip of the Mitt Watershed Council

 

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