Introduced in order to amend Part 307 – Inland Lake Levels – of the Michigan Natural Resource and Environmental Protection Act 451 of 1994 in a manner that opponents to the legislation suggest would effectively diminish the current level of responsibility of county governments to take action to either raise or lower lake levels, as appropriate, to ‘normal’ levels as defined by Part 307.
Part 307 currently states that “normal level means the level or levels of the water of an inland lake that provide the most benefit to the public; that best protect the public health, safety, and welfare; and that best preserve the natural resources of the state.”
Opponents of the legislation also suggest that ‘normal’ lake levels need to be maintained under existing law in order to prevent higher lake water levels from causing severe shoreline erosion and/or flooding, and to prevent lower lake levels from diminishing the capacity of a particular lake to support recreational boating and other water-borne activities. Those rising in opposition to passage of the legislation also suggest that giving county government more leeway in maintaining lake levels would inherently increase the threat of erosion, flooding, dam failures, or lake use limitations, and inherently cause a decrease in inland lake real estate values.
Those opposed to Senate Bill 662 also suggest that the controversial legislation was introduced in response to the fact that the MI Supreme Court recently upheld a unanimous decision by the MI Court of Appeals that found that the Roscommon County Board of Commissioners had in fact failed to properly maintain “normal” lake levels on Higgins Lake as required by law under the auspices of Part 307.
In addition to diminishing the overall responsibility of county governments to maintain ‘normal’ lake levels as defined by Part 307, legislation that effectively increases the likelihood that one or more of the many structurally compromised dams that currently exist in Michigan may collapse under the force of substantially high lake levels is not only ill advised but totally irresponsible. One only need to think back four years to the Edenville Dam collapse and the subsequent demise of Sanford Lake to know that legislation that allows county government to dodge their responsibility to monitor and maintain lake levels should be handily defeated!
Our readers should know that the Michigan Waterfront Alliance Board of Directors recently passed a motion that ardently opposes the passage of Senate Bill 662.
To download and read MI Senate Bill 662 as introduced, click here