Monthly Archives

August 2022

Who is Authorized in Michigan to Enforce MI NREPA Part 413 Aquatic Invasive Species Laws ?

During the spring public safety meeting held in the Roscommon/Higgins Lake area there was a discussion regarding the question of who is authorized to enforce Michigan Aquatic Invasive Species (AIS) related state laws and/or ordinances. Thanks to Corporal Nicholas Torsky of the Michigan Department of Natural Resources for providing clarification on a frequently asked question that has often been the subject of considerable misinformation.

State statute Part 413 (Transgenic and Non-native Organisms)

of the Natural Resources and Environmental Protection Act of 1994

Part 413 of the Natural Resources and Environmental Protection Act of 1994 can be enforced by fully commissioned, Michigan Commission on Law Enforcement (MCOLES) certified peace officers with jurisdiction.

Law enforcement officers that are authorized to enforce MI NREPA Part 413:

  1. Michigan Department of Natural Resources (MDNR) Conservation Officers
  2.  Michigan State Police Officers
  3. Local sheriff deputies, township police, etc. working within their assigned jurisdiction

Not authorized to enforce MI NREPA Part 413:

  • Park rangers
  • Local ordinance officers
  • Township officials or employees/ contractors that are NOT commissioned as peace officers
  • Marine deputies hired by local sheriff departments to enforce a limited scope of boating regulations who are NOT commissioned as peace officers.

Michigan Supreme Court Rules in Favor of the Saugatuck Dunes Coastal Alliance

A Clear Cut Legal Victory for those Working to

Preserve and Protect Michigan’s Natural Resource

In a decided victory for the group known as the Saugatuck Dunes Coastal Alliance, the Michigan Supreme Court ruled on Friday, July 29th that the group does in fact possess the necessary legal standing to appeal a decision made by the Saugatuck Township Zoning Board. The  Saugatuck Dunes Coastal Alliance has worked pro-actively in recent years to oppose plans by developers to build twenty high-end homes across 130 acres located near Saugatuck Dunes State Park – plans that ultimately included removing some sand dunes in order to make way for a new residential neighborhood.

The landmark Michigan Supreme Court decision essentially “rewrites what it means to be an aggrieved party and to be granted standing to appeal zoning decisions.”

Michigan Waterfront Alliance will publish an article in the near future that will provide readers of this newsletter with a detailed analysis of the important legal ramifications of the recent decision made by the Michigan Supreme Court.