2018 Senate Bill 1211 / Public Act 631

Revise restrictions on owners of property deemed “wetland”

Introduced in the Senate

Nov. 27, 2018

Introduced by Sen. Tom Casperson (R-38)

To revise many rule and process details related enforcement of restrictions imposed by state laws and regulations on owners of land that is deemed “wetland.” Among other things the bill would increase the minimum size of wetlands subject to state restrictions from five acres to 10 acres.

Referred to the Committee on Natural Resources

Dec. 4, 2018

Reported without amendment

With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The substitute does not have the provision raising the minimum size of an area deemed a wetland subject to use restrictions.

Passed in the Senate 23 to 14 (details)

To revise many rule and process details related to enforcement of restrictions imposed on owners of property deemed to be a wetland. The bill is said to give state officials less discretion in interpreting regulations in a way that restricts use or subjects landowners to sanctions. Among other things it would authorize damage awards to property owners harmed by such actions unless the state demonstrated that its position was "substantially justifiable".

Received in the House

Dec. 4, 2018

Referred to the Committee on Michigan Competitiveness

Dec. 18, 2018

Reported without amendment

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

Dec. 21, 2018

Substitute offered by Rep. Triston Cole (R-105)

To adopt a version of the bill that removes or modifies many but not all of the provisions intended to reduce the discretion this law give to government officials to interpret the law, issue orders to landowners and pursue civil or criminal penalties.

The substitute passed by voice vote

Amendment offered by Rep. Triston Cole (R-105)

To remove a sign-up sheet provision for getting notice of pending wetland permit applications, and replace it with a requirement that the department post these on the internet and email them to anyone who requests this.

The amendment passed by voice vote

Passed in the House 61 to 46 (details)

To revise many rule and process details related to enforcement of restrictions imposed on owners of property deemed to be a wetland. The bill is said to give state officials less discretion in interpreting regulations in a way that restricts use or subjects landowners to sanctions. Among other things it would authorize damage awards to property owners harmed by such actions unless the state demonstrated that its position was "substantially justifiable".

Received in the Senate

Dec. 21, 2018

Passed in the Senate 25 to 12 (details)

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

Signed by Gov. Rick Snyder

Dec. 28, 2018