IMPLEMENTATTON or WATER AND TAAD RELATED RESOURCES MANAGEMENT PROGRAMS Th‘eSisfoTthe'Degreeof'M‘S' 77:59? _:__; ,3 _ ' MTCHIGAN STATE UNIVERSITY - ' ‘ ‘ ‘4 Q A .. _ ‘ JOHA HARRINGTON KEAAAUAA -’ ‘i A. A971 i' , 1.119“me I “Mug“ IIIIIIIIIII1II2IIIIIIIIIIILIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII University T 10448 2090 ABSTRACT IMPLEMENTATION OF WATER AND LAND RELATED RESOURCES MANAGEMENT PROGRAMS BY John Harrington Kennaugh Regional management of the water resources is emerg— ing as one of the most critical issues of the political and social systems of the Grand River Basin. Associated with Amter resource problems is the proper utilization and develop- ment of the land related resource areas. It is the premise of this thesis that regional management of water and land related resources is to be éiPProached through the efforts and full cooperation of the lkmal governmental units throughout the basin. Failure UDdefine goals and accomplish objectives by the coordinated Efforts of the local units will result in total recovery aminmnagement of the sovereignty at the state level. This aliernative should be implemented only when it has been dEtlermined local governmental units are either unwilling OI"unable to responsibly satisfy the needs of the peOple hithe baSin, and in a way that will serve the best interests Oftme People of the State. John Harrington Kennaugh The backdrop for the thesis is the Type II-- Cbmprehensive Water Resources Planning Study that is being cmnducted on the Grand River Basin under the auspices of the National Water Resources Council. This study was con- ducted as joint effort by six federal agencies and the.state cf Michigan to formulate "a Comprehensive Plan for the (hand River Basin to provide the best use, or combination of uses, of water and land related resources to meet all fineseeable short and long range needs"l. The Grand River Basin Study developed a report that cmntained the following elements: 1. Identified the water and land problems in the basin. 2. Prepared an inventory of the water and land resources. 3. Identified a multiude of water and land manage- ment programs that might be used to satisfy the projected demands. Management of the natural resources can be accomp- lished through various institutional arrangements from the Private and public seCtors. However, the increasing demand for Governmental oriented services indicates a need for local governmental units, working independently and through regional Programs, to develop expanded public services. --4.‘— _ w- d—H..._— - my» 4 John Harrington Kennaugh The Grand River Basin Study has identified the kinds of water and land management programs that can be develOped to fulfill most of the projected needs of the people. It is the purpose of this paper to provide guidelines to local public officials for the implementation of these programs. Policy decisions for the management of the natural resources will need to be made by all levels of government to safe- guard the welfare of state and nation, as well as the local community. The democratic process is best assured when effective decisions are made by all levels of govern- ment with particular emphasis at the local level. This thesis is designed to provide local public officials a resource planning tool that they may be better equipped to adopt objectives, goals and resource management programs. 1Plan of Investi ation, Grand River Basin Coordinat- ing Committee, U. S. Army Engineers, Detroit, Michigan, 1964, p. III. IMPLEMENTATION OF WATER AND LAND RELATED RESOURCES MANAGEMENT PROGRAMS BY John Harrington Kennaugh A THESIS Submitted to Michigan State University in partial fulfillment of the requirements for the degree of MASTER OF SCIENCE Department of Resource Development 1971 ACKNOWLEDGEMENTS The author wishes to express his most sincere appreciation to Dr. Clifford R. Humphrys of the Department of Resource Development, Michigan State University, for his encouragement, advice and assistance leading to the accomp- lishment of this academic pursuit. Special gratitude is also expressed to Dale W. Granger, P.E., Water Resources Commission, Michigan Department of Natural Resources for his contribution to my knowledge and development in water resource management. I also wish to express my appreciation to the Michigan Grand River Watershed Council for its continued support to improve my capability as a public servant. Finally, I would like to express my appreciation ' to my wife, Jean, and children, Carole, John, Laurie, and Paul, for their sacrifices and enthusiastic support. John H. Kennaugh ii TABLE OF CONTENTS ACKNOWLEDGEMENTS . . . . . . . . . . LIST OF TABLES o o o o o o o o o 0' 0 LIST OF APPENDICES. . . . . . . . . . Chapter I. INTRODUCTION . . . . . . . . . II. COMPREHENSIVE WATER RESOURCES PLANNING STUDY FOR THE GRAND RIVER BASIN. . . . . History of Grand River Basin Study . Institutional Structure for Planning Preparing for the Suggest Plan . . The Suggested Plan . . . . . . Development of Goals and Objectives. III. IMPLEMENTATION OF THE SUGGESTED PLAN . Structural Programs . . . . . . Nonstructural Programs . . . . . Iv. SUMMRY O O O O O O O O O O 0 REFERENCES APPENDICES iii Page ii iv w ‘w-o w... TABLE I. II. III. IV. LIST OF TABLES Reports in the Grand River Basin Study Potential Multipurpose Reservoir Sites Suggested Watershed Development Areas. Municipal Waste Treatment Needs. . iv Page 11 15 17 36 ‘— “fine APPENDIX A. LIST OF APPENDICES Page State of Michigan Litter Act, Act 106 POA. 1963 O O O O O I O O O O O O 79 .Crawford County Interim Zoning Ordinance (Excerpts)............82 Flood Plain Ordinance, Lansing, Michigan . . 92 Filling, Grading, Lagooning and Dredging Regulations. . . . . . . . . . . . 98 Model for Developing Soil Erosion and Sedi- ment Control Ordinances and RegulatiOns . . 102 Soil Erosion and Sedimentation Control Act of 1971 (Draft) . . . . . . . . . . 115 Natural River Act of 1970, Act 231 . . . . 121 Waterfront Development Regulations . . . . 126 Guidelines and Reference Documents for Soil Erosion Control . . . . . . . . 132 Flood Plain Management Programs . . . . . 135 Outline of Procedures for Conception, Authorization, and Construction of Small Navigation Projects Under Authority of Section 107 of the 1960 River and Harbor Act, as amended . . . . . . . . . . 138 Survey Investigations and Reports . . . . 141 Local-State-Federal Watershed Projects. . . 147 Public Nuisance Regulation, Dust-Ashes- Noxious Matter. . . . . . . . . . . 152 APPENDIX Page 0. Waterfront Marina District. . . . . . 154 P. Michigan Laws Related to Water . . . . 157 Q. How a Public Law 566 Project Moves from Start to Finish . . . . . . . . . 166 R. Enabling Legislation. . '7 . . . . . 168 S. Flood Plain Regulation by State of Michigan. . . . . . . . . . . . 174 T. Suggested Development Plan. . . . . . 178 U. A Planning Critique of the Grand River Basin Comprehensive Water Resources Planning Study. . . . . . . . . . 180 A. 4-‘ .—.,_.._ vi CHAPTER I INTRODUCTION Management of the water resources is becoming one of the most critical issues facing man. Even though there is estimated to be over 326,000,000 cubic miles of water on our planet, less than 0.4% is available as fresh waterl. The problem becomes more apparent when it is realized the annual precipitation in Michigan and in the Grand River Basin averages approximately 31 inches per yearz. Because of the wide range of climatic conditions in the basin, flooding and drought conditions are not uncommon. Complete management of the precipitation is not possible because of the manner in which much of it is lost. Approximately 3/5 of all the precipitation is lost by evaporation and transpiration. Only about 1/3 of all the precipitation reaches the streams. Only 1/20 of all the precipitation is actually withdrawn, used, and returned to the streams3. 1The Water in Your Life, William Laas and Dr. S. S. Beicos, Popular Library, New York, 1967, p. 18. 2Guidelines for the Management of Michigan's Water Resources, Michigan Water Resources CommiSsion,’1963, p. 6. 3 Ibid. "-'_—~_‘—<— .— -————-—n . _._.._-— m...- » — During the past 60 years the population in the Grand River Basin has tripled, and projections indicate the popula- tion will approximately triple within the next 50 years4. The increased water demands for this same period is estimated to be four times as great for municipal purposes alones. In addition to an increase in the consumptive use of the water resources, the demand for water surface recreation is estimated to increase approximately six times within the next 50 year period6. The increasing demands on a limited resource is evidence that effective management of the natural resources and the people that use these resources is needed. It is also becoming evident that management of a resource such as water, is not just local but is regional in nature. As a regional problem, cooperation and coordination between the local governmental units is necessary. It is also necessary to establish close working relationships between all levels of government including state and federal, in Order that the goals and objectives of all parties will harmonize. 4Appendix 0 - Economic Base Study, Grand River Basin CPordinating Committee, U. S. Army Engineers, Detroit Dlstrlct, 1966, p. I-l34. R' 5Appendix G - Water Supply and Stream Quality, Grand I)lver'Basin Coordinating Committee, U. S. Army Engineers, etnllt District, 1970, pp. 3-5. C . Appendix J - Recreation, Grand River Basin DfmrSlnaxing Committee, U. S. Army Engineers, Detroit, “—- -—---' h A critical factor for effective management of the. water resources in the Grand River Basin will be developing the working relationship between the local governmental units. The Grand River Basin covers an area of 5572 square miles. Within this area there are all, or parts of, 19 counties, 33 cities, 58 villages and 166 townships. In addition to the local units of government there are numerous special districts, interest groups, state and federal agencies, and private organizations that need to be involved in setting goals and objectives, and participating in the decisions to meet them. Establishment of goals and objectives is an element of the planning process preliminary to the implementation of management programs. A planning tool available to the public officials and private sectors in the Grand River Basin is the Comprehensive Water Resources Planning Study that was initiated as a federal-state program in 1963. The basic Objective of the study was to formulate a "Comprehensive Plan for the Grand River Basin to provide the best use, Orlcombination of uses, of water and related land resources telneet all foreseeable short and long term needs."7 The purpose of this thesis is to explain the reason the Federal government became involved in conducting studies on river basins and then to review the procedures followed leading to the completion of the report. \ 7Plan of Investigation, gp. cit. Included in the report are many water and land related resources management programs suggested by the federal and state planners that can be ad0pted by local governmental units to meet the projected needs of the basin. These programs will be addressed in the thesis to identify the enabling powers for implementing the various programs, and to provide guidelines and resource materials for convenient reference aids. CHAPTER II COMPREHENSIVE WATER RESOURCES PLANNING STUDY FOR THE GRAND RIVER BASIN Regional assessment of water needs was first approached in a comprehensive manner by the Water Resources Committee of the Natural Resources Committee between 1935 and 1937. Long-range plans for the construction of public works pro- jects were developed, but it was not until over 20 years later that steps were taken to conduct comprehensive plans on river basins. History of Grand River Basin Study The concept of comprehensive planning for the Grand River Basin began in 1959 when the United States Senate adopted Resolution 48 which authorized, studies to be made of the extent to which water resources activities in the United States are related to the national interest, and of the extent and character of water resources activities, both governmental and nongovernmental, that can be expected to be required to provide the quantity andquality of water for use by population, agri- culture, and industry between the present time and 1980, along with suitable provision for related recreational and fish and wildlife values; to the end that such studies and the recommendations based thereon may be available to the Senate in con- sidering water resources policies for the future.1 Pursuant to this resolution, a Select Committee on National Water Resources was Created from the Senate under the chairmanship of Robert S. Kerr, Oklahoma. The Committee recognized that its task in the water field was in meeting the growing demands on water resources in the most efficient manner consistent with accepted public aims. Five major categories were cited as needs for the future in meeting prospective demands on a long range basis so as not to inhibit national or regional economic growth. These were: 1. Regulating streamflow through the construction of surface reservoirs and watershed management. 2. Improving the quality of our streams through more adequate pollution abatement programs. 3. Making better use of underground storage. 4. Increasing the efficiency with which water is used through elimination of wasteful practices, improved sewage treatment methods, recircula- tion, increased irrigation efficiency, and sub- stitution of air for water cooling. 5. Increasing the natural water yield by desalting, weather modification, and other artificial means. Several recommendations were presented by the Committee eDdorsing the responsibility of the Federal Government to ChvelOp research programs, studies, plans and resources management programs in c00peration with the State. The \ U lSenate Report No. 29, 87th Congress, lst Session, I; iiIGovernment Printing Office, Washington, D.C., 1961, .— - .y‘ .‘r-.. «w-.- ,7 need for river basin planning was stated as the first recom- mendation of the report: 1. The Federal Government, in cooperation with the States, should prepare and keep up to date plans for comprehensive water develop- ment and management for all major river basins of the United States. Such plans should take into account prospective demands for all pur~ poses served through water development giving full recognition to non-revenue-yielding pur- poses such as streamflow regulation, outdoor recreation, and preservation and prOpagation of fish and wildlife, and keeping in mind the ultimate need for optimum development of all water resources. All practicable means of meeting demands should be considered. The executive branch should be requested to submit plans to the Congress in January 1962, for undertaking and completing such studies in all basins by 1970. Once prepared, the plans should be brought up to date periodically. Reports on individual projects submitted to the Congress for authorization should specify how the project fits into the comprehensive long-range program, and the range of alternative purposes that might be served by the resources needed for the recommended projects. (ibid., pp. 17-18). Following the adoption of the Committee's Report No. 29, the President of the United States directed the heads of four Departments (Army; Agriculture; Health, Education, and Welfare; and Interior) having the principal statutory responsibility for Federal activities in water and land related resources, conservation and development, to develop policies, standards, and procedures for the formulation, evaluation, and review of lans for water and land related resource projects. U 2Senate Document No. 97, 87th Congress, 2nd Session, E; II Government Printing Office, Washington, D. C., I962, . I. The report of the four concurring Departments was adopted as Document No. 97, 87th Congress, 2nd Session and would become the responsibility of the National Water Resources Council under the proposed Water Resources Planning Act, to use as standards for the formulation and evaluation of water resources projects. The Water Resources Planning Act, Public Law 89-90 was adopted by the 89th Congress, July 22, 1965. This is an act, To provide for the optimum development of the Nation‘s natural resources through the coordinated planning of water and related land resources, through the establish- ment of a water resources council and river basin com- missions, and by providing financial assistance to the States in order to increase State participation in such planning. According to the terms of this act, there was established a Water Resources Council composed of the Secretary of Interior, the Secretary of Agriculture, the Secretary of the Army, the Secretary of Health, Education, and Welfare, and the Chairman 0f the Federal Power Commission; the Chairman of the Council to be selected by the President. The President is also authorized to declare the eStablishment of a river basin commission following specified requests. In accordance with the provisions of the act, there has been created a Great Lakes Basin Commission. The Grand River Basin Study, being one of sixteen TWPe II-—Comprehensive Water Resources Planning Studies audmuized throughout the nation in 1962, is one of the Federal programs to be processed through the Commission and the Council, and to the President for his review and trans- mittal to the Congress with his recommendations in regard to authorization of Federal projects. Comprehensive planning for the Grand River Basin embraces investigations of all matters associated with water and related land resources use, conservation, and development. Specific water-related activities to be studied included navigation, flood control, major drainage, water supply, water quality control, hydro-electric power, fish and wildlife habitat enhancement, recreation, waste disposal, flood warning schemes, agricultural needs, and others as they become known. Institutional Structure For Planning Completion of the study required cooperative efforts of the Federal agencies, State of Michigan, and local govern- ments. .To accomplish this program, the Grand River Basin Coordinating Committee was created, comprised of delegated representatives from the Departments of Agriculture; Army; Commerce; Health, Education and Welfare; Interior; the Federal Power Commission; and the State of Michigan. Representatives from the Michigan Grand River Watershed Council were per- mitted to sit with the State representatives in behalf of the local governmental units throughout the basin. 10 The Coordinating Committee created the Basin Plan Formulation Subcommittee to assimilate the various reports and prepare a Suggested Plan for the Report. Upon completion of the Suggested Plan, and following public hearings in the basin, the Coordinating Committee prepared the Main Report for transmittal to the Great Lakes Basin Commission and the National Water Resources Council. Following the reviews by the Great Lakes Basin Commission and the National Water Resources Council, the Grand River Basin Report is presented to the President and CongreSs. Preparing for the Suggested Plan The Basin Plan Formulation Subcommittee was the basic planning unit to develop the Suggested Plan. The first step toward the goal was the preparation of the Plan of Investigation. This Plan established the scope of the study and detailed the Prcwess to be followed to complete the report. As determined in the Plan of Investigation, the following reports in Table I would become the Grand River Comprehensive Basin Study. The single purpose agency reports contained investiga- tions of the needs of a specific functional water use, and the kind of management programs that would be needed to satisfy the problem, Each investigation was conducted with- mfllregard to the other functional uses of water or land resources . 11 TABLE I.--Reports in the Grand River Basin Study. Volume Item Subject I Main Report Summary, Plan & Recommendations Appendices II A History of Investigation B General Basin Description III C Climate D Surface Water Hydrology & Hydraulics & Fluvial Sediment IV E Ground Water and Geology F Mineral Resources V *G Water Use and Stream Quality Health Guidelines VI *H Flood Control *1 Navigation VII *J Recreation *K Fish and Wildlife *L Power VIII *M Agriculture IX N’ Water Laws X 0 Economic Base Study XI P Basin Plan Formulation Criteria Q Suggested Plan * . Single Purpose agency reports. 12 Preparatory to conducting the various investigations for the single purpose reports, an inventory of the water and land resources was developed by the State of Michigan, Soil Conservation Service and the Corps of Engineers. An Economic Base Study was also completed to identify various trends and long range projections. A significant factor involved in this procedure was the advantage of having each agency study the Basin independently, without being influenced by other water interests. Preparation of the single purpose reports and documentation of the natural and social resource data were the planning tools used by the BasinPlan Formulation Sub- committee to incorporate the following elements in the development of the Suggested Plan: 1. Prepare an inventory of the water and land resources. 2. IProject the immediate and long range needs of the people. 3. Identify the water and land problems in the basin. 4. Identify various water and land management programs that might be used to satisfy the projected demands. 13 The Suggested Plan is considered to be a technical report, prepared by the planners of the various participating agencies. Local involvement in the planning process was accomplished through informational meetings for public officials and the general public. "Feed back" from these meetings assisted in the comprehensiveness of the report. Each of the federal and state agencies had an equal role in the development of the Suggested Plan. The Corps of Engineers representative was the planning chairman. However, he served only as a convenor to permit equal participation by all members. The Suggested Plan Appendix Q is the Suggested Plan to lay the basis for the Grand River Basin Coordinating Committee to prepare the Main Report, which is sometimes called the Summary Report. The Suggested Plan is not a single scheme for .managing the natural resources, but rather, is a multitude of water and land related reSource management programs that can be used in various combinations to fulfill the long range needs of the peOple. Implementation. of each of these Programs will require active participation by the benefiting local governmental units. Local interests and value judge- . ments by the local people will have an important role in the determination of when, where and how the respective programs Will be implemented . 14 The Plan was developed with the overriding objective to develop the plan as being the best use of the water resource and related land resources, and meet- ing the objectives of Senate Document No. 97, 87th Congress, 2nd Session entitled: 'Policies, Standards, and Procedures in the Formula- tion, Evaluation, and Review of Plans for Use and Development of Water and Land Resources.‘ In the Plan, projects are discussed in broad cate- gories as being either structural or nonstructural and are further defined as being single-purpose or multiple-purpose. Preparation of the Plan was accomplished according to the established principles in Appendix P--Basin Plan Formulation Criteria. The Plan was also formulated within the legal framework of the federal, state and local govern- ments. "Drainage laws, riparian doctrine, court injunctions, -and other institutional controls peculiar to the state of Michigan will be fully considered in the recommended plan."3 This section, The Suggested Plan, is designed to identify the structural and nonstructural elements of the plan. The next section, "Implementation of the Suggested Plan," will provide guidelines for their implementation. .Appendix T is a schematic map of the structural programs identified in the Suggested Plan. flructural Programs Reservoirs--An inventory of potential reservoir sites was developed from data collected by the Michigan Department 3Plan of Investigation, 92. cit. 15 of Natural Resources, the Soil Conservation Service and the Corps of Engineers. Over 200 sites were listed that may have capabilities to provide water supply, flood control, power, fish and wildlife, recreation, water quality or irriga- tion. Through an intensive screening process by the partici- pating agencies, 21 sites were chosen that had the best capability for providing multi-purpose benefits. These sites are listed in Table II. TABLE II.--Potential Multipurpose Reservoir Sites. —_ Name Location (Counties) Benefits Upper Grand River Jackson, Ingham, Flood Control, Water Reservoir System Livingston Quality, Recreation, Fish and Wildlife Sleepy Hollow Clinton Flood Control, Fish and Wildlife, Recreation Columbia Creek Ingham Recreation Portage River Jackson, Ingham Fish and Wildlife lPrairie Creek Ionia Recreation, Fish and Wildlife, Flood Control Portland Ion ia , C1 in ton Flood Control , Fish and Wildlife, Recreation, Water Quality Sand Creek Ottawa Recreation , Fish and Wildlife Bear Creek Shiawass ee Recreation , Flood Control, Fish and Wildlife 16 TABLE II.--Continued. N ame Location (Counties) Benefits No Name Creek Ra venna Labarge Duck Creek Fish Creek Grub Creek Looking Glass River Rogue Eaton Muskegon Kent, Barry Ionia Ionia, Montcalm Shiawassee Shiawassee Kent Recreation, Fish and Wildlife Recreation, Fish and Wildlife, Irrigation Flood Control, Fish and Wildlife Recreation, Fish and Wildlife Recreation, Fish and Wildlife Recreation, Fish and Wildlife Recreation, Fish and Wildlife Recreation, Fish and Wildlife Each of these sites would serve a benefit area for a distance of approximately 40 miles in radius. Reservoirs with Flood TControl and‘Water Quality benefits would improve the stream condition all the way to Lake Michigan. The other sites .anentoried are included in the report and may be considered for development by the local areas. Watershed Projects--Watershed Development Projects are programs that are designed to primarily provide local £1006. control and agricultural drainage benefits on upstream l7 watershed areas. Additional benefits that can be included are water supply, waste disposal and recreation. The Soil Conservation Service investigated the flood- ing and drainage problem areas throughout the basin and determined there were certain areas that should be considered for watershed planning before 1985. Table III identifies these areas. TABLE III.--Suggested Watershed Development Areas. Name Location (Counties) TWin Lakes Drain Jackson Freeman Marsh Drain Jackson Huntoon Lake Jackson, Ingham Perry Lake Jackson, Ingham Bly Lake Eaton Eaton Rapids Eaton Upper Columbia Creek Ingham Portage River Jackson, Ingham Prairie Creek Ionia, Montcalm Libhart Creek Ionia Upper Maple River Clinton, Gratiot, Shiawassee HéIYWCthh Creek Clinton Stony Creek Ionia, Clinton Rogue River Kent , Newaygo k A __ 18 Other areas may be initiated by action of local sponsors. Areas that are being considered by local interests are, Plaster Creek, Buck Creek, Mud Creek, Cedar River, and the Upper Grand. Waste Treatment Plant Construction--The immediate goal in the treatment of municipal wastes is the provision of biological (secondary) treatment or its equivalent at each waste treatment plant. Sudh treatment is the minimum conSidered adequate in terms of present technology. This need is especially important in those areas where considera- tion is being given to low flow augmentation, to assist in maintaining water quality standards. Augmentation cannot be considered as a substitute for secondary treatment. Navigation--Improving the navigational aspects of the Grand River from its mouth to the City of Grand Rapids is one of the construction programs suggested in the plan. One part of the proposal is to improve the commercial Imavigation benefits the first 14 1/2 miles up to Bass River. Tuie second part proposes to improve the remainder of the stream up to Grand Rapids for recreational navigation. Flood Control Levee at Grandville--Because of the llaxge amount of uncontrolled drainage area between the potential flood control reservoir sites and the City of (Brandville, the reservoir plan would not reduce the flOod problem at Grandville sufficiently to preclude the need for a local protection project. The construction of a levee fl? ‘. .r .‘ 19 system with interceptors and pumping facilities for interior drainage has been found to be the most practicable and justifiable method for effectively controlling flood problems and enhancing land values at the City of Grandville. Nonstructural Programs Water and land resource programs that do not involve construction are nonstructural programs. They may be in the form of state or local regulations, research, education and information, warning systems or various types of investigations. Wateeruality Standards--Standards are needed to protect the quality of water for all anticipated needs. State standards are now being applied to all surface waters to (protect water supply, recreation, fish, wildlife, aquatic life and agricultural needs. Vallenyreserves--A valley preserve is a nonstructural «device for managing water resources through the preservation (Df flood plain land as a green belt. Designation of specific aireas to be included within the valley preserves would be guided by the attempt to achieve the following principal cflajectives: (1) the preservation of ecologically significant areas worthy of preservation in their natural state; (2) the Inanagement of areas capable of satisfying personal leisure- Ttime needs for outdoor activities such as hunting, fishing, camping and picnicking; and (3) the protection of areas within the flood plain to preclude unwise construction of buildings, 20 subject to flood damage. Appendix T is a schematic map of the structural programs identified in the Suggested Plan. Also noted on this map are suggested locations for designating valley preserves on the Grand River and its tributaries. Land Treatment-~Accelerated land treatment programs will need to be incorporated with watershed development pro- jects and multipurpose reservoir projects to provide maximum productive use of the lands and to protect the waterways. Environmental Enhancement of Urban Areas--A program for urban areas is needed in order to protect soil and water resources, and to provide an opportunity for man to live in harmony with his natural environment. These goals nay be achieved through proper land use planning designed to reduce soil erosion, help maintain water quality, reduce flood damages, improve vegetative cover, provide recreation, fishand wildlife, and enhance natural cover. Soil Erosion Control Regulations--State and local Jlegislation is essential to protect the Basin's soil resources and watercourses. Soil transport to lakes and streams laecomes a more critical problem each year due to intensive :farmdng practices, inadequate land conservation practices, aind.uncontrolled runoff from rapidly urbanizing areas. Flood Plain Land Use Regulations--Development of the flood plain has been minimal due to the availability of other lands for urbanizing. Rapid growth in the Basin will place greater premium on lands adjoining the water courses. ”Fr— ' ' _ r—T_—~—‘A ff— 21 Regulatory controls through zoning, building and health codes, and subdivision control regulations is the key to the proper utilization of the flood plain areas. Water Supply Improvement--Ground and surface water development provide possible alternatives to reservoir storage development for the creation and maintenance of municipal or industrial water supplies. Stream Channel Clearance--In order to preserve the streams and to develop them for maximum effectiveness, local governmental units should adopt and enforce waterway regula- tions requiring that obstructions detrimental to the public Jhealth, safety and welfare be designated as a public nuisance and be eliminated. Stream Flow Forecasting and Flood Warning--Weather Sixrveillance and warning programs are important elements of a <:omprehensive nonstructural program for a river basin. Ekata collection and reporting of hydrologic and climatologic Conditions at the local level are important functions that Would improve existing systems. Horizontal and Vertical Geodetic Control.--The greater part of the Grand River Basin is without horizontal geodetic control; however, the Basin is covered by a general network of vertical geodetic control. Plans should be made Til11d funds provided to cover the Basin with a network of horizontal control. A complete network of horizontal and 22 vertical geodetic control would be valuable in planning construction, actual construction, road relocations, and jacquisition and land use within the Basin. Tgpographic Mapping.--Approximately 550 square miles of the Grand River Basin are without topographic maps. The other 5,000 square miles is mapped with lS-minute and some 7 l/2-minute quadrangles. Complete conversion to 7 l/2-minute quadrangles with 5-foot contour intervals would greatly aid in the planning and development of resources within the Basin. Soil Surveys.--Approximately one-half of the counties in.the Basin have been surveyed and supplied with a documented soil.classification report. Such surveys are planning tools Insed to guide land use and management decisions on farms arnd urbanizing areas. The soil survey describes soil limita- tdxons for building sites, on-site sewage disposal, road construction, recreation development, and other uses. Information-Education Programs.--An informed public iii the key element for establishing regional objectives and goals. Public programs result from the support of an informed public that has a concept of the needs of the region, 31nd how these needs can be satisfied. An informed public is better equipped to share its concern and is better able to recognize the value in resolving regional issues on a c>00perative basis . 23 Development of Goals and Objectives The Suggested Plan was developed by the consensus of the participants representing the federal and state agencies. Attentionwas given to the few constructive criticisms and comments which contributed to the develOpment of the plan. Effective involvement in the planning process by local public officials and the "grass roots" of the basin was not possible because of the limitation of time to com- plete the study and prepare the report. A great deal of time was lost in meetings and special programs in defense of the planning concepts because of the lack of knowledge by'the public on the long range needs and the alternative methods available to meet the projected demands. Acceptance of the report on the Grand River Basin Study must be based on the recognition of the following facts : l. The Comprehensive Water Resources Planning Study for the Grand River Basin is a report that; identifies trends, needs and inventories; and suggests various types of programs that can be developed to the advantage of the people in the basin. 2. The report is not a formal step by either of the various levels of government to implement any phase of the report. 3. Every structural program identified in the report that might be constructed will require financial support from the State and/or local units of government. Appropriation of these funds will require action through the normal democratic process which would rest on the political and social acceptance of the program. 24 4- The report contains a documentation of resource information available to public officials and the general public for their use in making resource management decisions. Completion of the Grand River Basin Study places a new responsibility on the public officials representing over 250 governmental units in the Basin. Future decisions in community resource development can no longer be made without regarding the impact they may have on neighboring communities. The Study has identified the regional needs in the Basin. Satisfaction of these needs will require the cooperative and coordinated efforts of the multiude of communities in the Basin. The Michigan Grand River Watershed Council is a regional governmental entity created to assist local govern- mental units throughout the Basin in the planning and carry- ing out water management programs. In the fulfillment of its {function, the Watershed Council will need to provide a leader- Ship role in assisting the governmental units to meet together for the purpose of evaluating the findings in the Grand River Basin Study, and then to assist them in establish- ing goals for the Basin and its subareas. Development of a workable plan will then need to be formulated in order to resolve priorities leading to the fulfillment of the es tablished goals . ‘ \ u 25 The Grand River Basin Report was developed by a wide range of technical and professional people actively involved in water and land resource management. Establishment of goals and development of workable plans will require the involvement of other disciplines including, political, social, ecological, environmental, economic, civic and the community "grass roots." Goal setting and plan development should be accomplished by the Watershed Council through the local and regional planning commissions. The Basin could be divided into sub- basins for representatives of all disciplines to address themselved to the regional needs in the Basin. Representatives from the sub-basins should also serve on a basin committee to correlate the regional plan with a basin plan. Representatives from the state agencies should also be involved with the basin committee to further correlate all plans with state Programs. An important function of the basin committee would -b€3 the formulation of goals for land use, water supply, recrea- tixxn, pOpulation density, economic development, public facilities and cultural development. The sub-basin groups Should then establish local goals compatable with the basin goals preliminary to the development of workable plans. The l(ey to the development and implementation of a workable plan fcxr “the basin, sub-basin area, and the local community, is the selection of alternative measures to arrive at the deSignated goals . 26 The Grand River Basin Report has identified a multiude of water and land related resource management programs that can be adopted by local governmental units to meet the short and long range needs of the people in the basin. The manage- ment programs have been classified into two basic categories as structural and nonstructural, and may be considered as alternative measures to problem solving, depending on the values to be applied in the decision making process. Regional management of the natural resources is becoming more critical as conflicting demands increase, and the decision making role becomes more complex. A basic factor of regiOnal management is regional planning. The next step is the implementation of recommended programs. The Grand River Basin Report has provided the basic planning tool by evaluating the trends occurring in the basin, projecting the long range needs based on these trends, and suggesting alter- native measures that can be applied to the natural resources by the various levels of government. Implementation of regional management programs requires the c00perative efforts of the public entities responsible to the general public. Many institutional pro- grams are available in the State of Michigan that will enable local people to resolve problems and develop programs on a regional basis. The next chapter speaks directly to the matter of "implementation" in order to show public officials 27 opportunities available to them in planning, regulation and the development of their natural resources. Local, State and Federal laws are regulatory measures that assure proper use of the resources. Construction programs to stabilize stream flow or to create multiple purpose facilities are structural methods for resource management. Public acquisition of areas for the preservation of habitat areas, historical sites, or unique environmental areas is another method for managing the resources. The chapter will identify the alternative institutional arrangements for resource manage- ment and it will also suggest guidelines to public officials to assist them in making decisions leading to effective management of their natural resources. CHAPTER III IMPLEMENTATION OF THE SUGGESTED PLAN The Suggested Plan was developed to fulfill most of the projected needs of the people for the next 50 years, utilizing the known available resources. Many elements of the plan can be accomplished on an incremental basis by individual units of government while other programs, serving a regional need will require the services and resources of all levels of government. This section is designed to provide information on the institutional arrangements needed to implement each of the structural and nonstructural elements of the plan, and to suggest management tools for the effective use of the water and land related resources. Structural Programs Structural programs are capital improvement projects requiring major expenditures of public funds. Water supply, waste water treatment, flood control structures, navigational facilities and recreational development programs are typical structural programs. These projects may be financed separately or in combination with local and state governments, 28 29 and they may also be cost shared with funds appropriated from the federal government. Reservoirs Each of the suggested reservoirs will provide regional benefits for either flood control, recreation, fish and wildlife, water quality and irrigation, or a combination of any two or more benefits. A regional planning group should be organized, com- prised of representatives from the appropriate state and federal agencies, organized citizens groups, academic institu- tions, service organizations, news media and other groups organized to give attention to the wise use of the water and land resources. The regional planning group should evaluate the projected needs outlined in the Grand River Basin Study. A thorough investigation should then be conducted to determine the various alternative programs available and select the most appropriate to satisfy the confirmed needs. When it is determined a reservoir can serve a public need and can be classified as a public necessity, a recommendation should be initiated by an appropriate planning agency and endorsed by an eligible sponsor. The sponsor must then submit its request to the local Congressman for subsequent action at the federal level. Appendix L is an outline of procedures to be followed in order for the local governmental units to receive federal cost sharing on the project. (I'- (J L.) I) u: .l 30 Upon determination that a reservoir is feasible and can justify public expenditure of funds as a public necessity, the local governmental units are permitted through proper enabling legislation, to proceed toward the development of the project. The following Public Acts should be reviewed to determine the most appropriate course of action to take to achieve the desired goals. It is not the purpose of the thesis to critique the anabling legislation on their effective- ness for implementation. The Drain Code of 1956, Chapter 22-Water Management.-- Reservoirs that will provide flood control as a major benefit can be implemented under this act. A petition must be filed by three or more counties that are contiguous and will benefit by the proposed project. The benefits which result from the drainage and control of water, shall include such factors as: elimination of flood damage; elimination of water conditions which jeopardize the public health or safety; increase of the value or use of lands and property arising from improved drainage and elimination of floods; and the advantageous use to which water may be directed as a result of the project, and incidental thereto, for agricultural, conservation and recreational purposes. Surplus Waters Act of l964.--Following a feasible flinding by the Water Resources Commission to control surplus Waters through the use of an impoundment, the Commission may authorize one or more affected governmentalunits to implement an approved.plan. The boards may charge users of surplus water for waste assimilation or consumptive use, except those making an incidental, noncommercial or recreational use, a reasonable fee or rate for the quantity of water or for the benefits they receive. According to the terms of the act, all increased flowage resulting from .operation of a plan shall be available for nonconsumptive use to all riparians. Local River Management Act of l964.-—Two or more local governments may petition to the Water Resources Commission to establish a river management district. River management in the act means the control of river flow by the operatibn of dams, reservoirs, conduits and other man- made devices in order to improve and expand the uses of the river for those who depend upon it for a variety of private and public benefits. Navigation Navigational Improvements.--The existing and future utilization of the Grand River in the interest of recreational and commercial navigation is being investigated. Studies include an analysis of existing navigation projects and their relationship to present and prospective commerce and vessel traffic, and investigations to determine the desirability of modifying existing projects or providing additional improve- ments for both commercial and recreational navigation. It is 32 concluded, based on the limited information available, that further improvement of Grand Haven Harbor and the lower reach of the Grand River to the Bass River for commercial navigation and improvement of the Grand River up to Grand Rapids for recreational navigation appear to have some economic justi- fication and be worthy of further detailed study. Detailed study of the commercial improvement is presently underway in accordance with a study authorized by a House Public Works Committee Resolution adopted 1 March 1950. There is also another study authorized by a House Public Works Committee Resolution adopted 9 April 1957 which will cover the recreational boating aspect of navigation on the Grand River. These two authorized studies are expected to adequately provide the further detailed study recommended by this appendix. In summary, the following improvements appear at this time, subject to further study, to exhibit economic feasibility: I (a) Improving Grand Haven Harbor in the interest of commercial navigation by deepening the existing channel to provide a controlling depth of 25 feet and enlarging the turning basin. (b) Improving the Grand River channel from Grand Haven to the Bass River in the interest of commercial naviga- tion by widening the existing project channel to 125 feet in the straight reaches and 150 feet at the bends, and possibly increasing the project depth. 33 (c) (Improving the Grand River in the interest of recreational naVigation from the Bass River to Grand Rapids, a distance of about 23 miles, by providing a channel 5 feet deep and 100 feet wide. Improvements for recreational boating upstream of Grand Rapids were investigated, but were deter— mined to be not economically feasible at this time. However, this does not preclude further study of these improvements should the need arise at some future date. Appendix K outlines the procedures the Corp of Engineers will follow in the development of small navigational projects. Appendix R is a listing of enabling legislation for local governmental units to develop navigational programs. River channels can also be protected and improved through land use regulations and development control programs. Appendix H suggest various regulations that may be adopted along waterfronts and Appendix 0 is a typical zoning regula- tion for controlling the development of marinas on a stream. Flood Control Levee at Grandville Based on an "Interim Survey Report on Flood Control at Grandville," dated 1962, an approved Federal flood control protection scheme for Grandville has been authorized by Congress for construction.1 lHouse Document No. 15, 88th Congress, lst Session, September’l9, 1963. .941 Some of the important project features are: l. The design water surface elevation of the level is 608 feet. - 2. The average height of the levee embankment is 12 feet. 3. The levee tOp width is 10 feet, and the sideslopes are vertical on 2 1/2 or 3 horizontal. 4. The freeboard allowances range from 2 to 4 feet. 5. Closure structures are necessary at street crossings. 6. The gravity outlet and pumping station structure is located along Buck Creek between the C & 0 Railway and Highway I-l96. Procedures for obtaining federal funds for construction are 'outlined in Appendix L. Watershed Projects The Watershed projects identified in the Suggested Plan are those areas that have flooding and drainage problems that may be resolved through a multi-purpose watershed program of the U. S. Department of Agriculture. Under the provisions of the Watershed Protection and Flood Prevention Act (Public Law 566), the federal government will cost share with local areas to develop flood prevention and agricultural drainage programs. Municipal and industrial water supply, recreation, and fish and wildlife development are additional benefits that can be derived from this program. 35 A 14 step program has been developed in Michigan to describe the sequence of events for the implementation and development of small watershed projects. (Appendix Q). Small watershed projects have come to mean pro- tecting, managing, improving, and developing the water and related land resources of a watershed up to 250,000 acres in size through a project-type undertaking. A project is planned and carried out jointly by local, State, and Federal agencies with the full understanding and support of a large majority of the community. The State is involved only when recreation, fish and wildlife benefits are included in the program. Development of a small watershed project is based on (1) local initiation and endorsement of local responsibility, (2) State review and approval of local proposals, (3) and Federal assistance through technical services, cost-sharing, City of Grand Rapids, MiChigan, 1969. - 'Wisconsin' 3 Shoreland Protection Ordinance. Department of Natural Resources, Division of REsource Development, University of Wisconsin, Medison, Wisconsin, 1967. 76 77 House Document No. 15, 88th Congress, lst Session, dated’September 19, 1963. APPENDICES 78 APPENDIX A STATE OF MICHIGAN LITTER ACT ACT 106, 1963 79 STATE OF MICHIGAN LITTER ACT Act 106, 1963 An act to define, control and prohibit the littering of public and private property and waters; to prescribe penalties for violation of this act; and to repeal certain acts and parts of acts. THE PEOPLE OF THE STATE OF MICHIGAN enact: 752.901 Litter; prdhibition; construction of terms; removal of wrecked vehicle from highway.(M.S.A.28.603(l) ) ' Sec. 1. It is unlawful for any person knowingly, without the consent of the public authority having supervision of public property or the owner of private property, to dump, deposit, place, throw or leave, or cause or permit the dumping, depositing, placing, throwing or leaving of litter on any public or private property or waters other than prOperty designated and set aside for such purposes. The phrase "public or private property or’waters" includes, but_is not limited to, the right of way of any road or highway, any body of water or watercourse, or the shores or beaches thereof and including the ice above such.waters; any park, playground, building, refuge or conservation or recreation area; and any residential or farm properties or timberlands. It is unlawful for a person.who removes a vehicle, wrecked or damaged in an accident on a highway, road or street, to fail to remove all glass and other injurious substances dropped on the' highway, road or street as a result of the accident. HISTORY: Am. 1966, p.199, Act 177, Eff. 90 days after adjournment. 752.902 Same;definition. (M;S.A. 28.603 (2) ) Sec. 2.’ The term "litter” as used herein means all rubbish, refuse, waste material, garbage, offal, paper, glass, cans, bottles, trash, debris or other foreign substances of every kind and description. 752.903 Penalty; sentence. (M.S.A. 28.603 (3) ) Sec. 3. Any person violating any provision of this act shall be guilty of a misdemeanor. The court, in lieu of any other sentence imposed, may direct a substitution of litter-gathering labor, including, but not limited to, the litter connected with the particular violation, under the supervision of the court. 752. 904 Publication of act; receptacles for litter. (M:.S. A. 28. 603 (4) ) Sec. 4. All public authorities having supervision of public property of this state or any political subdivision thereof may post notice signs and otherwise to publicize the requirements of this act. All public authorities having supervisiOn of public property in this state may establish and maintain receptacles for the deposit of litter on the prOperty and publicize the location thereof. 80 752.905 Repeal. (M.S.A. 28.603 (5) ) Sec. 5. Section 681 of Act NO. 300 of the Public Acts of 1949, being section 257.681 of the Compiled Laws of 1948; section 1 of Act No. 350 of the Public Acts of 1865, as amended, being section 307.21 of the Compiled Laws of 1948; and section 9 of Chapter 10 of Act NO. 283 of the Public Acts of 1909, as amended, being section 230.9 of the Compiled. Laws of 1948, are repealed. 752.906 Municipal ordinances. (M.S.A. 28.603 (6) ) Sec. 6. This act shall not affect or in any way limit the powers of cities, villages and townships to enact and enforce ordinances for the control and elimination of liter. 81 APPENDIX B CRAWFORD COUNTY INTERIM ZONING ORDINANCE (Excerpts) 82 CRAWFORD COUNTY INTERIM ZONING ORDINANCE (EXCERPTS) Effective Date - February 1, 1969 ARTICLE I - PURPOSE Section 1.01 Purpose - The fundamental purpose of this Ordinance shall be to promote and protect the public health, safety, morals and general welfare; to encourage the use of lands and natural resources of the county in orderly and wholesome development of the county and reduce the disorder and dangers that often adhere in unguided community develop- ments; to lessen congestion on the public roads and provide for safety in traffic and vehicular parking; to facilitate the development of an adequate water system and other public requirements; to provide, in the interest of health and safety, the minimum standards under which certain buildings and structures may hereinafter be erected and used; to con- serve life, property and natural resources, and the expenditure of funds for public improvements and services to conform.with the most advantageous uses of land, resources and properties. ARTICLE II - DEFINITIONS Section 2.08 Building Inspector - The administrative officer Of this ordinance, appointed by the County Board of Supervisors. ARTICLE III - GENERAL PROVISIONS Section 3.05 Grading — There shall be no excessive filling in or removal of ground on a building lot which would seriously affect the grade at the adjacent neighbor's lot line unless mutually agreed to by the respective owners of the property affected by such change. Said agreement shall be in writing. ,Section 3.06 Soil Removal - Where soil or gravel is removed for any purpose, it shall be done in such a manner as to leave the area from which it was removed reasonably level. No holes may be left to fill or partly fill with stagnant water. No soil shall be removed that will cause erosion. 83 84 No soil or gravel shall be removed below street or highway grade level any closer than 175 feet to any public street or high- way right of way. ARTICLE IV - ZONING DISTRICTS Section 4.07 Green Belt - Grayling township - The green belt zone is four hundred (400) feet from the river's edge on both sides of the AuSable River and all tributaries and lakes in Grayling township. Section 4.06 Green Belt - Crawford County - The green belt, Crawford county shall be all waterfront property in Crawford county, except Grayling and Frederic townships. The width of the zone shall be the depth of the first tier of lots along said river, stream, tributary and lake conforming to the minimum lot width of 100 feet at the front building line and minimum area of 30,000 square feet. In Frederic township the green belt - Crawford County shall be as follows: 1. All of the land between Manistee road and the West Crawford County line and the W8 of SWk of section 31. 2. All of the land indicated on the Crawford county zoning maps, all of the boundaries being on k or % full section lines or roads as indicated. ARTICLE X - GREEN BELT ZONE Section 10.01 Description and Purpose: A zone for providing the most desirable residential, summer home and cottage area that may complement such use of the zone, so as to preserve . the high quality of the natural lakes and streams of Crawford County and prevent further deterioration thereof. The green belt zone is four hundred (400) feet from the water's edge on both sides of all rivers and streams and around all lakes in Grayling Township. Section 10.02 Use Regulation: Land and/or buildings in the Green Belt Zone may be used for the following purposes: (a) One single family dwelling on each lot. (b) Parks and playgrounds. (c) plats (d) Guest houses will be permitted only as follows: (1) On lots containing 90,000 square feet with 150 feet frontage, with a minimum first floor area of 480 square feet and must be constructed to the rear of principal building. (2) On lots containing 90,000 square feet with 300 feet frontage, with the guest house fronting on the river the regulations of sections 10.04 and 10.05 set forth below, must be met. (e) A detached accessory building not more than 12 feet in height subject to the following conditions: (1) Said accessory building shall not be located closer to a side or back line than that allowed for a principal building. (2) A detached accessory building, any portion of which is located on the side of the main building, shall not be less than 6 feet from such principal building and not nearer to the side lot line than the width of the side required on the lot for the main building and shall maintain a front set back equal to or greater than that of the main building. (3) A detached accessory building, any portion of which is located to the rear of the main building shall be located not nearer than 10 feet to such building. (4) A detached accessory building may not serve as living area. (f) Clubs, upon application and permit from the County Zoning Commission. (9) Pump houses will be permitted if no more than 9 square feet and more than three (3) feet in height. (h) Docks may be constructed not to exceed 8 feet in width nor more than 20 feet in length with no more than 5 feet of the dock extending over the water. Section 10.03 Height Regulation: No building shall exceed thirty-five (35) feet or 28 stories in height, whichever is lesser. _ Section 10.04 Area Regulations: No building or structure nor the enlargement of any building or structure shall hereafter be erected unless the following yards, lot area and building coverage requirement are provided and maintained in connection with such building, structure, or enlargement. 86 (a) The minimum lot size shall contain 60,000 square feet. The minimum frontage width shall be 150 feet. (b) Front yard. No building shall be contructed closer than fifty (50) feet from the water's edge, except for every foot of ground elevation above the minimum grade level, (four (4) feet above high ground water level) five (5) feet may be subtracted from the minimum set back, however, no structure shall be closer than 30 feet from the river's edge. Front yard shall be considered as that part of any lot nearer the river. (c) Side yard. Side yards shall be of at least thirty (30) feet. (d) Rear yard. Rear yards shall be of at least five (5) feet. Section 10.05 Minimum Floor Area: Each dwelling unit in this zone shall have a minimum first floor area of 720 square feet, except guest houses. Section 10.06 Native Protection Strip: A strip twenty five (25) feet wide bordering each bank of the river in this zone shall be maintained in trees and shrubs or its natural state. Trees and shrubs in a space fifty (50) feet in width may be trimmed and pruned for a view of the river and a dock. Section 10.07 Flood Areas and Grade Level: No dwelling shall be constructed on lands which are subject to flooding or on land where a minimum of four (4) feet between finished grade level and high ground water cannot be met. Land may be filled to meet the minimum requirement of four (4) feet between finished grade level and high ground water only under the following conditions: (a) The 25 foot native protection strip is maintained. (b) No material is allowed to enter the stream either by erosion or mechanical means. (c) Fill material is of a pervious material such as gravel or sand. Section 10.08 Sanitary Waste Systems: Disposal fields and septic tanks shall be no closer than 100 feet to the river's edge. The disposal field title shall be at least three and one-half (3%) feet above the high water table. Field tile trench bottoms shall be at least two (2) feet above high water table. 0} Section 10.09 Sub Soil Drainage Systems: No septic or disposal field shall be nearer than forty (40) feet to any sub soil drainage system (footing drains) emptying directly into the river. ARTICLE XI - GREEN BELT - CRAWFORD COUNTY Section 11.01 Description and Purpose: A zone for providing the most desirable residential, retirement homes, summer homes, and cottage areas, that may complement such use of the zone so as to preserve the beauty and high quality of the lakes .m1 ‘and rivers and prevent further deterioration of the water F‘ frontage. The zone is as follows: All water front property in Crawford County, except Grayling Township, the depth of one lot with the minimum width of 100 feet at the front building line and minimum size of 30,000 square feet and all other waterfront property so designated on the zoning . a map. ~—4 Section 11.02 Use Regulation: Land and/or buildings in this zone may be used for the following purposes only: (a) One single family dwelling on each lot. (b) Parks and playgrounds. (c) Plats (d) Travel trailer parking, by permit only, up to twenty (20) days will be permitted. (e) Guest houses will be permitted only as follows: (1) On lots containing 45,000 square feet with 100 feet frontage, with a minimum first floor area of 480 square feet and must be , constructed to the rear of principal building. (f) A detached accessory building not more than twelve (12) feet in height subject to the following conditions: (1) Said accessory building shall not be located closer to a side or back line than that allowed for a principal building. (2) A detached accessory building, any portion of which is located on the side of the main building, shall not be less than six (6) feet from such principal building and not nearer to the side lot line than the width of the side yard required on the lot for the main building and shall maintain a front set back equal to or greater than that of the main building. (g) (h) (i) 88 (3) A detached accessory building, any portion of which is located to the rear of the main building shall be located not nearer than ten (10) feet to such building. (4) A detached accessory building may not serve as living area. Clubs, upon application and permit from the County Zoning Commission. Pump houses will be permitted if no more than nine (9) square feet and not more than three (3) feet in height. Docks may be constructed not to exceed eight (8) feet in width nor more than twenty (20) feet in length with no more than five (5) feet of the dock extending over the water. Section 11.03 Height Regulation: No building shall exceed twenty-five (25) feet or 2% stories in height, whichever is lesser. Section 11.04 Area Regulation: No building or structure nor the enlargement of any building or structure shall hereafter be erected unless the following yards, lot area and building coverage requirements are provided and maintained in connection with such buildings, structure, or enlargement. (a) (b) (C) (d) ‘The minimum lot size shall be 30,000 square feet. The minimum frontage width shall be 100 feet at front of building line. Front yard. No building shall be constructed closer than fifty(50) feet from the water's edge, except for every foot of ground elevation above the minimum grade level, (four (4) feet above high ground water level) five (5) feet may be subtracted from the minimum set back, however, no structure shall be closer than thirty (30) feet from the river's edge. Front yards shall be considered as that part of any lot nearer the river. Side yard. Side yards shall be at least twenty (20) feet. Rear yard. Rear yards shall be of at least five (5) feet. Section 11.05 Minimum Floor Area: Each dwelling unit in this zone shall have a minimum first floor area of 625 feet, except guest houses. 89 Section 11.06 Native Protection Strip: A strip of twenty- five (25) feet wide bordering each bank of the lakes and rivers in this zone shall be maintained in trees and shrubs or its natural state. Trees and shrubs in a space twenty- five (25) feet in width may be trimmed and pruned for a view of the river and dock. Section 11.07 Flood Areas and Grade Level: No dwelling shall be constructed on lands which are subject to flooding or on land where a minimum of four (4) feet between finished grade level and high ground water only under the following conditions: fr?‘ (a) The 25 foot native protection strip is maintained. (b) No material is allowed to enter the stream either by erosion or mechanical means. (c) Fill material is of a pervious material such as gravel or sand. ‘1'“ ‘ Section 11.08 Sanitary Waste Systems: Disposal field and -» septic tanks shall be no closer than one hundred (100) feet ‘_i to river's edge. The disposal field tile shall be at least three and one half (3%) feet above the high water table. Field tile trench bottoms shall be at least two (2) feet above high water table. Section 11.09 Sub Soil Drainage Systems: No septic or disposal fields shall be nearer than forty (40) feet to any sub soil drainage system (footing drains) emptying directly into the river. ARTICLE XII - AuSABLE RIVER ZONE Section 12.01 Description and Purpose: A zone for providing low density desirable residential areas, agricultural, recrea— tional and other specialized rural uses requiring large tracts of land, so as to preserve the high wuality of the AuSable River. The zone is as follows: (a) An area bounded by M-72 on the south, on the north by the North Down River Road to the NE corner of Section 3, T26N, R2W and on the east by the eastern boundary of Grayling Township and on the west by the eastern boundary of Section 8, T26N, R3W. (b) An area bounded by I-75, M-93, Jones Lake Truck Trail, the North Down River Road and the northern boundary of Grayling Township. 90 Section 12.02 Use Regulation: Land and/or buildings in this zone may be used for the following purposes only: . (a) (b) (C) (d) (e) (f) (g) (h) (i) (:1) One single family dwelling on each lot. Public schools and colleges which may include on campus: dormitories, libraries, museums, art galleries and similar uses approved by the Board of Appeals when owned and operated by a govern- mental agency. Fifty (50) foot side yards are required if the property abutts any residentially zoned lots. Private non-profit schools and colleges subject to the conditions stipulated in (b) above, and said private schools shall not include trade schools, business colleges or private schools operated as commercial enterprises. Parks, playgrounds, community centers and facili- ties therein, owned and operated by a governmental agency or a non-profit neighborhood group. Churches, provided the building or structure is at least fifty (50) feet from any other residen- tially zoned lot. A detached accessory building not more than twelve (12) feet or one (1) story in height subject to the following conditions: (1) Said accessory building shall not be closer to side or back lines allowed for a principal building. (2) A detached accessory building, any portion of which is located on the side of the main building shall not be less than six (6) feet from such principal building and not nearer to the side lot line than the width of the side yard required on the lot for the main building and shall maintain a front setback equal to or greater than that of the main building. (3) A detached accessory building, any portion of which is located to the rear of the main building shall be located not nearer than ten (10) feet to such main building. Two family structures. Multiple family dwelling units (more than two) may be permitted upon application and special approval of the County Zoning Commission if it is deemed that the development will not be detrimental to the neighborhood. Farms for both general and specialized farming together with farm dwellings and buildings and other installations useful to such farms. Country clubs, golf clubs, and publicly owned athletic fields. 91 Section 12.03 Height Regulation: No residential building shall exceed thirty-five (35) feet or two and one half (2%) stories, in height, which ever is lesser. Section 12.04 Area Regulations: No building or structure nor the enlargement of any building or structure shall hereafter be erected unless the following yards, lot area and building coverage requirements are provided for and maintained in connection with such building, structure or enlargement. (a) Front yard. There shall be a front yard setback of not less than forty (40) feet from the right- of-way line of any public roadway. (b) Side yards. For residential buildings, there shall be total side yards of seventy (70) feet provided that no side yard shall be less than thirty (30) feet. For all other buildings, there shall be a minimum side yard of sixty (60) feet. (c) Rear yard. There shall be a rear yard of not less than one hundred (100) feet. (d) Lot area. The minimum lot area for use in this zone shall be 108,900 square feet (2%) acres with minimum lot width of 165 feet. A registered plat shall have a minimum lot size of 60,000 square feet with a minimum lot width of 150 feet. Section 12.05 Minimum Floor Areas: Each dwelling unit in this zone shall have a minimum of 720 square feet per unit, except multiple family dwelling units (more than two) shall have a minimum of 500 square feet of living area plus 150 square feet or each bedroom in excess of one. APPENDIX C FLOOD PLAIN ORDINANCE, LANSING, MICHIGAN 92 Flood Plain Ordinance - City of Lansing The City of Lansing adOpted the Flood Plain Control Ordinance July 1, 1968. Specific reference is given to the Lansing Flood Plain Map. Such maps and supporting data can be prepared by the Corps of Engineers or other engineers qualified to conduct hydrologic studies. ARTICLE VL FLOOD PLAIN CONTROL Sec. 36-59 - Purpose: It is the purpose of the flood plain controls to apply special regulation to the use of land in those areas of the city which are subject to predictable inundations at fre- quent intervals. Such regulations, while permitting reason- able economic use of such prOperties, will help protect the public health and reduce financial burdens imposed on the community, its governmental units and its individuals by frequent and periodic floods and the overflow of lands, reserve such areas for the impoundment of water to better stablize stream flow and to better maintain the prOper ecolo- gical balance. All lands included in such flood plain controls district shall be subject to the terms imposed herein, in addition to the terms imposed by any other zoning use dis- trict in which said lands should be located. Section 36-60 Definitions: a. Fifty (50) year Frequency Flood: That portion of flood plain of the Grand River, Red Cedar River and Sycamore Creek that would be inundated by the limits established for a hypoth- etical flood having a recurrence frequency of once in about fifty (50) years, as determined by the 0.8. Corps of Engineers and the Michigan.Water Resources Commission. b. Flood Plain: Means the area of land adjoining the channel of’a river stream, water course, lake or other similar body of water, which will be inundated by a flood which can reasonably be expected for that region. c. Floodwa : That portion of the river bed and flood plain whicfi would be required in the develOpment of an artificial ' Channel to safely pass a flood discharge for a given flood frequency. 93 E24 d. Reconstituted 1947 Flood: That portion of the flood plain of the Grand River that would be inundated by a flood of the magnitude of the flood of 1947, as determined by studies of the U.S.Corps of Engineers and the Michigan Water Resources Commission. Sec. 36-61. Flood Plain Boundaries: All land lying within the flood plain of the fifty (50) year frequency flood of the Grand and Red Cedar rivers and Sycamore Creek, is within the flood plain and subject to these regulations, in addition to the regulations otherwise established by the Zoning Ordinance of the City of Lansing. The boundaries of the flood plain are hereby established as Shown on the Lansing Flood Plain Map, which accompanies this ordinance, and which map with all notation, references and other information shown thereon, shall be as much a part of this ordinance as is fully described herein. The petitioner for use of the flood plain shall supply such additional top- ographical data or engineering studies as are needed to define the exact limits of the flood plain, upon the subject land. Where there is a question as to the exact boundries and limits of a flood control district, the Lansing City Engineer 'shall determine the limits from tepographical data available to and submitted to him. Such information may be reviewed by the Michigan Water Resources Commission. Sec. 36-62. Uses Permitted: When the use proposed herein is allowable in a zoning district, the following uses and types of activities are permitted in the designated flood plain: a. Crop farming_and gardening, not including related buildings, except as otherwise provided for in this ordinance. b. Open recreational uses, such as parks, playgrounds, playfields, athletic fields, golf courses, bridle trails and nature paths. c. Public rights-of-way, private drives and parking lots. d. Public utilities as regulated by the Zoning Ordinance, but not to allow the erection of a building to be used for storage or as a place of employment other than for periodic maintenance, or as provided for in Section 36-63 a. e. For residential districts the flood plain may be used for computing lot area requirements and may, therefore, be used for yard and park areas. f. Sec. 3. 95 Storage yards for materials and equipment not subject to removal or major damage by flood waters. 36-63. Uses Permitted by Special Permit: Any use permitted by right or by special conditions for the zoning district applicable to the land in question, as governed by Chapter 36 of the Lansing Code of Ordi- nances, provided, however, that the use pattern, and the structures contemplated to accomplish said use shall: 1. Be so designated as to not reduce the impoundment capacity of the flood plain or significantly reduce flow of water, by the use of stilts, cantilevering, or such other design techniques which will place the desired buildings above the ground (floodwater) level of the site in a safe manner so that said structure Cnbuilding will withstand the anticipated velocity of the flood waters, and not suffer flood damage. All buildings constructed under said "Special permits" shall have a minimum floor elevation of not less than three feet above the flood plain level .established by this ordinance, as indicated by the topographical data previously referred to herein and as may be amended from time to time. Where topographical data, engineering studies or other studies are needed to determine the effects of flooding on a structure and/or the effects of the structure on the flow of water, the applicant shall submit such data or studies. All such data shall be prepared by technically qualified persons. Dumping or back filling with any material or excavation in any manner is prohibited unless: 19 Through compensating excavation and shaping of the flood plain, the flow and impounding capacity of the flood plain.will be maintained or improved,and will not cause an increase in the flood hazard or damage from floods ‘ and will not allow water to collect in pools that will stagnate. No significantly measurable reduction in the flow or impoundment capacity of the flood plain thereby results. 96 3. Where there is dumping, back filling or excavation in - any manner, adequate site plans and engineering drawings shall be submitted to effectively show the final results of such action. e. In a flood plain the construction or location of bridges, outdoor play equipment, bleachers, and similar outdoor equipment and appurtenances, storage of materials or: equipment is prohibited unless such elements would not cause any significant obstruction to the flow or reduction in the impoundment capacity of the flood plain and not suffer flood damage. Sec. 36-64. Procedure for Special Permit for Use of the Flood Plain: Request for "Special Permits" for use of the flood plain shall be made in writing with the data required by paragraphs 36-63a3 and 36-63b3 above and filed with the City Clerk in three (3) copies. City Council shall refer such requests to the Planning Board for recommendation and to the Public Service Department for thier technical report, and the recommendations of the City Engineer, before taking action. Sec. 36-65. Existing Uses in the Flood Plain: It is the intent of this ordinance to permit existing uses to continue in the flood plain until they are removed, but not to encourage their survival. It is recognized that there exists, within the flood plain as defined by this ordinance lots and structures which.were lawful before this ordinance was passed or amended, which would be prohibited, regulated or restrictai under terms of this ordinance or future amendments. ,Such uses are declared by this ordinance to be incompatible‘ with permitted uses in the flood plain. It is further the in- tent of this ordinance that illegal uses shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited in the flood plain. ‘ Should a structure located in the flood plain, as defined by this ordinance, be destroyed by any means to an extent of more than sixty (60) per cent of its replacement cost, exclusive of the foundation at the time of destruction, it shall not be reconstructed. 97 Sec 36-66. City Liability: The City of Lansing shall incur no liability whatsoever by permitting any use or building within the flood control district. Sec 36-67 Enforcement: Except where herein otherwise stated, the Building Commissioner shall enforce the provisions of this ordinance. Where other provisions of the Code of The City of Lansing impose a greater restriction than those proposed for violation of this ordinance, the provisions of the more restrictive ordinance shall be effective. . APPENDIX D FILLING, GRADING, LAGOONING AND DREDGING REGULATIONS 98 FILLING, GRADING, LAGOONING AND DREDGING REGULATIONS FillinngGrading, Lagooning and Dredging Filling, grading, lagooning or dredging which would result in substantial detriment to navigable waters by reason of erosion, sedimentation, or impairment of fish and aquatic life is prohibited. A Special Exception Permit shall be required: For any filling or grading of the bed of a navigable body of water. ‘In addition, a permit shall be obtained from the Water Resources Commission, Michigan Department of Natural Resources. For any filling or grading of any area which is within three hundred (300) feet horizontal distance of a navigable water and which has surface drainage toward the water and on which there is: (l) (2) (3) (4) Filling of more than five hundred (500) square feet of any wetland which is contiguous to the water. For purposes of this section a wetland shall be defined as any area where ground water is at or near the surface a substantial part of the year. Filling or grading on all slopes of 20 percent or more. Filling or grading of more than one thousand (1,000) 'square feet on slopes of 12-20 percent. Filling or grading of more than two thousand (2,000) square feet on slopes of 12 percent or less. 99 100 Restrictions do not apply to soil conservation practiCes such as terraces, runoff diversions and grassed water- ways which are used for sediment retardation. Lagooning or Dredging A Special Exception Permit shall be required before constructing, dredging or commencing work on any artificial waterway, canal, ditch, lagoon, pond, lake or similar water- way which is within three hundred (300) feet of the high water mark of a navigable body of water or where the purpose is the ultimate connection with a navigable body of Water. This requirement does not apply to soil conservation practices such as terraces, runoff diversions and grassed waterways which are used for sediment retardation. In addition, a permit shall be obtained from the Michigan Water Resources Commission, ,Michigan Department of Natural Resources. The Board of Appeals shall evaluate each application‘ according to the standards as set forth in this Ordinance and may request the County Soil and Water Conservation District to make available expert assistance from those state and federal agencies which are assisting said District under a memorandum of understanding. Conditions In granting a Special Exception Permit for filling, grading, lagooning, or dredging the Board may attach the following conditions in addition to the provisions specified . in this Ordinance that: 10.1. The smallest amount of bare ground be exposed for as short a time as feasible. Temporary ground cover such as mulch be used and permanent cover such as sod be planted. Diversions, silting basins, terraces and other methods to trap sediment be used. Lagooning be conducted in such a manner as to avoid creation of fish trap conditions. Fill is stablilized according to accepted engineering standards. Fill will not restrict a floodway or destroy the storage capacity of a flood plain. Sides of a channel or artificial water course be stabilized to prevent slumping. Sides of channels or artificial watercourses be con- structed with side slopes of two (2) units horizontal distance to one (1) unit vertical or flatter, unless bulkheads or riprapping are provided. APPENDIX E MODEL FOR DEVELOPING SOIL EROSION AND SEDIMENT CONTROL ORDINANCE AND REGULATIONS 102 MODEL FOR DEVELOPING SOIL EROSION AND SEDIMENT CONTROL ORDINANCE AND REGULATIONS U.S. Department of Agriculture, Soil Conservation Service An Ordinance to establish rules and regulations for controlling soil erosion and sedimentation within all development in the County of The (Jurisdiction) County, Michigan Ordains: ARTICLE I TITLE AND PURPOSE A-Ifl‘lfi This Ordinance will be known as the " County Soil Erosion and Sediment Control Ordinance." I3. PURPOSE Excessive quantities of soil are eroding from areas that are undergoing development for non—agricultural uses such as housing developments, industrial sites, roads, recreation and wildlife areas. This soil erosion makes necessary costly repairs to gullys, washed out fills, roads, and embankments. The resulting sediment clogs storm sewers and road ditches, muddies streams and silts lakes, rivers and reservoirs. Sediment is expensive to remove and limits the use of water for most beneficial purposes. Sediment choked streams are unsightly and their reduced channel capacity can result in flooding and associated damages, including the threat to public health and safety. The purpose of this ordinance is to control soil erosion and the resulting sedimentation from occuring on developing areas by requiring proper provisions for water disposal and the protection of soil surfaces during and after construction in order to promote the safety, public health, convenience and general welfare of the Community. ARTICLE II DEFINITIONS A. RULES APPLYING TO TEXT For the purpose of this Ordinance certain rules of.construction apply to the text as follows: 1. Words used in the present tense include the future tense; and the singular includes the plural, unless the context clearly indicates the contrary. 2. The term "shall" is always mandatory and not discretionary the word "may" is permissive. 3. The word or term not interpreted or defined by this article shall he used with a meaning of common or .. standard utilization. B. DEFINITIONS The following definitions shall apply in the interpretation and enforcement of this Ordinance, unless otherwise specifically stated: 1. Certification: A signed, written statement by the ‘(Designated Official) that specific constructions, inspections or tests where required have been performed and that such u. 10. ll. 12. comply with the applicable requirements of this Ordinance or regulations adopted. £33: Portion of land surface or area from which earth has been removed or will be removed by excavation; the depth below orginal ground surface to excavated surface. Debris Basin: A barrier or dam built across a waterway or at other suitable locations to retain rock, sand, gravel, or silt or other material. Diversion: A channel with or without a supporting ridge on the lower side constructed across or at the bottom of a slope. Embankment: A man-made deposit of soil, rock or other materials. Erosion: The wearing away of the land surface by the action of wind, water or gravity. Excavation: See Cut. Existing Grade: The vertical location of the existing ground surface prior to cutting or filling. Fill: See Embankment. Finished Grade: The final grade or elevation of the ground surface confonning to the proposed design. Grading: Any stripping, cutting, filling, stockpiling, or any combination thereof and shall include the land in its cut or filled condition. Gradigg Permit: A permit issued to authorize work to be performed under this Ordinance 13. 1M. 15. 16. l7. l8. 19. 20. 21. 22. anssed Waterway: A natural or constructed waterway, usually broad and shallow, covered with erosion-resistant grasses, used to conduct surface water from a field, diversion or other site feature. Mulching: The application of plant or other suitable materials on the soil surface to conserve moisture, hold soil in place, and aid in establishing plant cover. Natural Ground Surface: The ground surface in its orginal - state before any grading, excavation or filling. Permittee: Any person to whom a permit is issued in accordance with this Ordinance. Professional Engineer: An engineer duly registered or otherwise authorized by the State of Michigan to practice in the field of civil engineering. Regulated Gradigg: Any grading performed with the approval of and in acCordance with criteria established by the (Designated Official). ' Sediment: Solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion. Sediment Basin: See Debris Basin. Sediment Pool:. The reservoir space allotted to the accumulation of submerged sediment during the life of the structure. Slope: Degree of deviation of a surface from the horizontal usually expressed in percent or degree. 23. 2%. 25. 26. 28. 29. 30. 31. Soil: All unconsolidated mineral and organic material of whatever origin that overlies bedrock which can be readily excavated. Soil Engineer: A professional engineer who is qualified by education and experience to practice applied soil mechanics and foundation engineering. Site: Any plot or parcel of land or combination of contiguous lots or parcels of land where grading is performed or permitted. Stripping: Any activity which removes or significantly disturbs the vegetative surface cover including clearing and grubbing operations. Structural Rock Fills: Fills constructed predominantly of rock materials for the purpose of supporting structures. Temporary Protection: Stabilizations of erosive or sediment producing areas. Vegetative Protection: Stabilization of erosive or sediment producing areas by covering the soil with: a. Permanent seeding, producing long—term vegetative b. Short-Term seeding producing temporary vegetative cover, or c. Sodding, producing areas covered with a turf of perennial sod—forming grass. Watercourse: Any natural or artificial watercourSe, stream, river, creek, ditch, channel, canal, conduit, culvert, 32. 33. 3”. 35. 36. 37. . drains waterway, gully, ravine or wash in which water flows in a definite direction or course, either continuously or intermittently, and which has a definite channel, bed and banks, and shall include any area adjacent thereto subject to inundation by reason of overflow or flood water. County_Drain Commissioner: The ( ) County Drain Commissioner. County Health Department: The ( ) County Health Department. County Planning Commission: The ( ) County Metropolitan Planning Commission. County Plat Board: The ( ) County Plat Board. County Road Commission: The ( ) County Road 'Commission. Government Agency: Means any department, commission, independent agency, or instrumentality of the United States and of the State of Michigan, and any county, city, township, village, authority district, or other governmental unit. ARTICLE III APPLICATION PROCEDURE INITIAI, The developer is encouraged to consult the general development plans and detailed plans of any unit of government that effect the tract to be developed and the area surrounding it before he submits a preliminary plat for review. He should also C") become acquainted with the zoning ordinance, standards and requirements, this ordinance, and other ordinances which regulate the development of land in the County. He should also discuss the concepts of the proposed development with the ( ) Planning Commission and with the staff of the ( ) Metropolitan Planning Commission. COMPLIANCE No site plan or plat shall be approved unless it includes soil erosion and sediment control measures in accordance with the technical standards of the local Soil Conservation District. No approval for occupancy of any building will be granted unless all needed erosion control measures have been completed or substantially provided for in accordance with this ordinance and the standards and specifications of the local Soil Conservation District. The developer shall bear the final responsibility for the installation and construction of all required erosion control measures according to the provisions of this ordinance and to the standards and specifications of the local Soil Conservation District. DATA REQUIRED The developer must submit the following information for the entire tract of land, whether or not the tract will be developed in stages: 1. A boundary line survey of the site on which the work is to be performed. 2. Description of the features, existing and proposed, surrounding the site of importance to the proposed development. Description of general topographic and general soil conditions on the site (available from the ( ) Planning Commission or the Soil Conservation District.‘ Location and description of existing and future man—made features of importance to the proposed development. Plans and specifications of soil erosion and sedimentation control measures in accordance with standards and specifications of the Soil Conservation District. A timing schedule indicating the anticipated starting and completion dates of the development sequence and the time of exposure of each area prior to the completion of effective erosion and sediment control measures. D. PERMITS 1. Requirement: Except as exempted by Article V, no person shall do any grading, stripping, cutting or filling unless he has valid grading permit issued by the (Designated Official). Application: A separate application shall be required for each grading permit. Plans, specifications and timing schedules shall be submitted with each application for a grading permit. .The plans shall be prepared or approved and signed by a professional engineer or by an architect. The (Designated Official) may waive the preparation or approval and signature by the professional engineer or architect when the work entails no hazard to the adjacent property. ARTICLE IV PRINCIPLES AND STANDARDS IMPLEMENTATION Since considerable soil erosion can take place during construction, development plans shall contain proposed erosion and sediment control measures. These measures shall be incorporated into the final plat and final construction drawings. Erosion and sediment control measures shall conform to the standards and specifications established by the (7 ) Soil Conservation District. The measures shall apply to all features of the construction site, including street and utility installations as well as to the protection of individual lots. Measures shall also be instituted to prevent or control erosion and sedimentation during the various stages of development. GENERAL DESIGN PRINCIPLES Practical combinations of the following general principles will provide effective sediment control when properly planned and applied: 1. The development plan shall be fitted to the topography and soils so as to create the least erosion potential. 2. Permanent vegetation and improvements such as streets, storm sewers or other features of the development, capable of carrying storm run-off in a safe manner, shall be scheduled for installation to the greatest extent possible before removing the vegetation cover from an area. 10. 10 Wherever feasible, natural vegetation shall be retained and protected. Where inadequate vegetation exists, temporary or permanent vegetation shall be established. The smallest practical area of land shall be eXposed at any one time during development. When land is exposed during development, the exposure shall be kept to the shortest practical period of time. Critical areas exposed during construction shall be protected with temporary vegetation and/or mulching. Sediment basins (debris basins, desilting basins, or silt traps) shall be installed and maintained to remove sediment from run-off waters from land undergoing deve10pment. Provisions shall be made to effectively accomodate the increased run—off Caused by changed soil and surface conditions during and after development. The permanent final vegetation and structures shall be installed as soon as practical in the development. DEVELOPMENT STANDARDS All development plans, specifications and timing schedules, 'including extensions of previously approved plans, shall include provisions for erosion and sediment control in accordance with the standards and specifications established by the (__7 ) Soil Conservation District. ll 1. Technical standards for the design and installation of erosion and sediment control measures are on file at the offices of the ( ) Soil Conservation District and other governmental agencies. MAINTENANCE Individuals or developers carrying out soil erosion and sediment control measures under this Ordinance, and all subsequent owners of property on which such measures have been installed, shall adequately maintain all permanent erosion control measures, devices and plantings in effective working condition. ARTICLE V VARIANCES AND EXCEPTIONS The (Legislative Body of Jurisdiction) shall have the authority to interpret this Ordinance and may in specific cases grant variances and exceptions to these requirements providing such variance or exception is in harmony with the general purpose and intent of the requirements. ARTICLE VI INSPECTION AND ENFORCEMENT The requirements of this Ordinance shall be enforced by the (Designated Official) who shall inspect or require adequate inspection of the work. If the (Designated Official) finds any existing conditions not as stated in any application, grading permit, or approved plan, he may refuse to approve further work., APPENDIX F SOIL EROSION AND SEDIMENTATION CONTROL ACT OF 1971 (DRAFT) 115 Soil Erosion and Sedimentation Control Act of 1971 (Draft) SENATE-BILL HOUSE BILL A bill to provide for the control of soil erosion and sedimentation; to prescribe the powers and duties of the Water Resources Commission,‘tho State Department of Agriculture, the State Soil Conservation Committee, and local governmental units with respect thereto; to authorize certain guidelines, studies, and specifications; to require the development of certain local ordinances; to promulgate rules; and to provide for certain remedies for violations. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: Sec. 1. This act shall be known and may be cited as the "Soil Erosion and Sedimentation Control Act of 1971". STATEMENT OF POLICY Sec. 2. The Legislature finds and declares that excessive quantities of soil are eroding from land areas that are being used for housing deve10p- ments, industrial sites, roads, some agricultural practices, recreation areas, and other purposes; that soil erosion makes necessary costly repairs to gullys, washed out fills, roads and embankments; that resulting sedimen- tation clogs and fills storm sewers, drainage ditches, drains, streams, lakes, and reservoirs and may adversely affect fish, wildlife, and water quality;' that sediment is difficult and costly to remove and limits the use of water for most beneficial purposes; and that such erosion and sedimentation must be effectively controlled to prevent future damage to the environment and pro- mote the health and safety of the citizens of the State of Michigan. 116 117 Sec. 3. As used in this act: (a) "Department" means the Michigan Department of Agriculture. (b) ."Commissionf means the water Resources Commission of the Depart- ment of Natural Resources. (c) ”LoCal Agency" means a county, township, city or village. (d)’ "Soil Conservation District" means any Soil Conservation District of the State Soil Conservation Committee as created by section S'of Act. No. 297 of the Public Acts of 1937, being section 282.5 of the COmpiled Laws of 1948. (e) "Soil Erosion" means the wearing away of the land surface by the action of wind, water, gravity, or a combination thereof. (f) ”Sediment" means solid particulate matter, both mineral and or- ganic, that is in suspension in water, is being transported, or has been moved from its site of origin by the processes of erosion. (9) "Earth Change“ means any man-made change in the natural cover or tepography of the land which may result in soil erosion and sed- O imentation. (h) ”Land Use" means any use Of the land which may result in an earth change and which may result in or contribute to soil erosion and sed- imentation, including but not limited to subdivision and other resi- dential development, industrial and commercial deve10pment, highway and ruat construction, drainage ditch construction, surface mining, and some agricultural practices. Sec. 4. (A) within one year after the effective date of this act, the Soil Conservation Districts shall prepare a unified soil erosion and sed- imentation control program. Such program shall identify land uses which shall be governed by the provisions of this act and shall include guidelines 118 and specifications for such soil erosion and sedimentation control for all such identified land uses. (8) The Commission shall assist the Soil Conservation Districts in the preparation of said unified soil erosion and sedimentation control program by: (1) making available information regarding the effect of sediments on water quality; 1 (2) identifying water quality standards and the location of those waters of the State which are degraded by sedimentation; (3) setting forth requirements which shall be included in said. .unified soil erosion and sedimentation control program to protect water quality standards and designated uses of the waters of the State. (C) The Department shall assist the Soil Conservation Districts in the preparation of said unified soil erosion and sedimentation control pro- gram by defining any agricultural practices which contribute to soil erosion and sedimentation and by recommending measures which shall be employed to prevent further soil erosion and sedimentation from such practices. (D) Copies of said unified soil erosion and sedimentation control program shall be submitted to the Department and Commission by the Soil Conservation Districts for approval before said program is implemented. Sec. 5. (A) Each local agency of jurisdiction shall develop grading and construction ordinances subject to the guidelines and recommendations of the unified soil erosion and sedimentation control program as specified by section 4 of this act. Said grading and construction ordinances shall . contain provisions for the approval of development and land use plans, ero- 119 sion and sedimentation control, and enforcement thereof by the appropriate local agency. Said ordinances may require the issuance of a performance bond of any deve10per or land user as may be necessary. (B) The Department and the Commission, if so requested by any local agency, shall provide technical assistance in the development of said grad— ing and construction ordinances. (C) The local agency shall file notice of any violation of its grading and construction ordinance with the Commission and the Department. Sec. 6. (A) A local agency, before issuing a building permit or approving a plat, pursuant to sections 112, 113, and 114 of Act. No. 288 of the Public Acts of 1967, being sections 560.112, 560.113, and 560.114 of the Cbmpiled Laws of 1948, for any deve10pment or land use which may in any way result in soil erosion and sedimentation, shall require such'land user or developer to submit a plan of development. Said plan shall contain certification by the developer or land user that any land clearing, construction, develop- ment, or other modification will be accomplished pursuant to said plan and shall adhere to all requirements contained within the local agency's grading and construction ordinance. .(B) All such plans of development submitted to a local agency shall be reviewed and approved by the appropriate Soil conservation District be- fore said local agency shall permit construction or development. In its review of such plan of development, the Soil Conservation District shall certify that such plan meets all requirements as contained in the unified soil erosion and sedimentation control program. Sec. 7 All deve10pments and land uses affected by the provisions of this act which are undertaken by a local agency shall be approved by the Commission 120 and the Department before any earth change is made. Sec. 8. In case of a conflict bvtwucn an existing ordinance of a local agency relating to soil erosion and sedimentation control and an ordinance enacted pursuant to the provisions of section 5(A) of this act, the ordinance which is more restrictive shall control, provided said ordinance meets the f‘-" requirements of the unified soil erosion and sedimentation control program as specified by this act. ‘ . Sec. 9. Any local agency which permits, allows, or suffers the continuation LHMH of soil erosion or sedimentation into the waters of the State by any of its inhabitants or persons occupying, using, or developing lands from which sedimentation or erosion originates, shall be subject to the remedies as specified in Section 7 of Act. No. 245 of the Public Acts of 1929, as amended, being section 323.7 of the Compiled Laws of 1948. Sec. 10. The Commission and the Department, in order to carry out its duties and functions as specified by this act, may promulgate rules in accordance with and subject to the proVisions of Act. No. 306 of the Public Acts of 1969, being sections 24.201 to 24.313 of the Compiled Laws of 1943. Sec. 11. Any person who violates any provision of this act or the rules promulgated hereunder is guilty of a misdemeanor. Each day of any such violation shall be considered a separate violation. 12—29-70 water Development Services Division wuv .APPENDIX G NATURAL RIVER ACT OF 1970, ACT 231 121 Natural River Act of 1970 Act No. 231 Public Acts of 1970 Approved by Governor December 3, 1970 STATE OF MICHIGAN 75m LEGISLATURE REGULAR SESSION OF 1970 mummmmbehnuotthemmmmoeonmmnflonmdm AN ACT to authorize the establishment of a system of designated wild, scenic and recre- , ationsl rivers; to prescribe the powers and duties of the natural resources commission with respect thereto; to fund necessary study and comprehensive planning for the establishment of the system; to provide for planning, zoning and cooperation with local units of govern- ment; to authorize the protection of designated river frontage by acquisition, lease, casement or other means; to authorize local units of government and the commission to establish zoning districts in which certain uses of rivers and related lands may be encouraged, minted or prohibited; to provide for limitations on uses of land and their natural re- sources, and on the plotting of land; and to provide that assessing ofiiccrs shall take cog- nizance of the cflcct of zoning on true cash value. The People of the State of Michigan enact: Soc. 1. This act shall be known and may be cited as the “natural n‘ver act of 1970”. Soc. 2. A: used in this act: (a) “Commission” means the natural resources commission. (1)) “River” means a flowing body of water or a portion or tributary thereof, including streams, creeks or impoundments and small lakes thereon. (c) “Free flowing” means existing or flowing in natural condition without impmmd- ment, diversion, straightening, riprapping or other modification. (d) “Pawn” means an individual, partnership, firm, corporation, association or «brawn; (3) “System” means all of those rivers or portions thereof designated under this act. (1’) “Natunl liver” means a river which has been designated by the commission for inclusion in the wild, scenic and recreational rivers system. Sec. 3. The commission, in the interest of the people of the state and future genera- tions, may designate a river or portion thereof, as a natural river area for the purpose of and enhancing its values for water conservation, its free flowing condition and its fish, wildlife, boating, scenic, aesthetic, flood plain, ecologic, historic and recreational values and uses. The area shall include adjoining or related lands as appropriate to the purposes of the designation. The commission shall prepare and adopt a long range compre- hensive plan for a designated natural river area which shall set forth the purposes of the ddmtlon, propoud use: of lands and waters, and management measures Gained to (143) 122 l” 123 accomplish the purposes. State land within the designated area shall be administered and managed in accordance with the plan, and state management of fisheries, streams, waters, wildlife and boating shall take cognizance of the plan. The commission shall publicize and inform private and public landowners or agencies as to the plan and its purposes, so as to encourage their cooperation in the management and use of their land in a manner consistent with the plan, and the purposes of the designation. The commission shall cooperate with federal agencies administering any federal program concerning natural river areas, and with any watershed council established under Act No. 253 of the Public Acts of 1964, being sections 323.301 to 323.320 of the Compiled Laws of 1948, when such cooperation will further the interest of the state. See. 4. A river qualifying for designation as a natural river area shall possess l or more of the natural or outstanding existing values cited in section 3 and shall be permanently managed for the preservation or enhancement of such values. Categories of natural rivers shall be defined and established by the commission, based on the characteristics of the water. and the adjoining lands and their uses, both as existing and as proposed, including such categories as wild, scenic and recreational. The categories shall be specified in the designation and the long range comprehensive plan. Sec. 5. The commission may acquire lands or interests in lands adjacent to a desig- nated natural river for the purpose of maintaining or improving the river and its environnnt in conformance with the purposes of the designation and the plan. Interests which may be acquired include, but are not limited to, easements designed to provide for preservation and to limit development, without providing public access and use. Lands or interests in lands shall be acquired under this act only with consent of the owner. Sec. 6. ( 1) The commission may administer federal financial assistance programs for natural river areas. (2) The commission may enter into a lease or agreement with any person or political subdivision to administer all or part of their lands in a natural river area. (3) The commission may expend funds for works designed to preserve and enhance the values and uses of a natural river area and for construction, management, maintenance and administration of facilities in a natural river area conforming to the purposes of the designation, when the funds are so apprOpriated by the legislature. Sec. 7. Before designating a river as a natural river area, the commission shall conduct public hearings in the county seat of any county in which a portion of the designated natural river area is located. Notices of the hearings shall be advertised at least twice, not less than 30 days before the hearing, in a newspaper having general circulation in each such county and in at least 1 newspaper having general circulation in the state and l newspaper published in the Upper Peninsula. Sec. 8. After designation of a river or portion of a river as a natural river area and following the preparation of the long range comprehensive plan, the commission may determine that the uses of land along the river, except within the limits of an incorporated municipality, shall be controlled by zoning contributing to accomplishment of the purposes of this act and the natural river plan. County and township governments are encouraged to establish these zoning controls and such additional controls as may be appropriate, including but not limited to building and subdivision controls. The commission may provide advisory, planning and cooperative assistance in the drafting of ordinances to establish such controls. If the local unit does not, within 1 year after notice from the commission. have in full force and effect a zoning ordinance or interim zoning ordinance established under authority of the acts cited in section ll. the commission, on its own motion, may promulgate a zoning rule in accordance with section 13. A zoning rule may also be promul- gated if the commission finds that an adopted or existing zoning ordinance fails to meet adequately guidelines consistent with this act as provided by the commission and trans- mitted to the local units concerned. does not take full cognizance of the purposes and objectives of this act or is not in accord with the purposes of designation of the river as established by the commission. Sec. 9. A zoning ordinance adopted by a local unit of government or a zoning rule 124 promulgated by the commission shall provide for the protection of the river and its related land resources consistent with the preservation and enhancement of their values and the objectives set forth in section 3. The ordinance or rule shall protect the interest of the people of the state as a whole. It shall take cognizance of the characteristics of the land and water concerned, surrounding development and existing uses and provide for conserva- tion of soil, water, stream bed and banks, flood plains and adjoining uplands. Sec. 10. The ordinance or rule shall establish zoning districts within which such uses of land as for agriculture, forestry, recreation, residence, industry, commerce and additional uses may be encouraged, regulated or prohibited. It may limit or prohibit the placement of structures of any class or designate their location with relation to the water’s edge, to property or subdivision lines and to flood flows and may limit the subdivision of lands for platting purposes. It may control the location and design of highways and roads and of public utility transmission and distribution lines except on lands or other interests in real property owned by the utility on January 1, 1971. It may prohibit or limit the cutting of trees or other vegetation but such limits shall not apply for a distance of more than 100 feet from the river’s edge. It may specifically prohibit or limit mining and drilling for oil and gas but such limits shall not apply for a distance of more than 300 feet from the river’s edge. It may contain other provisions necessary to accomplish the objectives of this act. A zoning rule promulgated by the commission shall not control lands more than 400 feet from the river’s edge. Sec. 11. A local unit of government in establishing a zoning ordinance, in addition to the authority and requirements of this act. shall conform to Act No. 184 of the Public Acts of 1943, as amended, being sections 125.271 to 125.301 of the Compiled Laws of 1948, or Act No. 183 of the Public Acts of 1943, as amended, being sections 125.201 to 125.232 of the Compiled Laws of 1948. Any conflict shall be resolved in favor of the provisions of this act. The powers herein granted shall be liberally construed in favor of the local unit or the commission exercising them, in such manner as to promote the orderly preserva- tion or enhancement of the values of the rivers and related land resources and their use in accordance with a long range comprehensive general plan to insure the greatest benefit to the state as a whole. Sec. 12. Upon adoption of a zoning ordinance or rule, certified copies of the maps showing districts shall be filed with the local tax assessing ofiicer and the state tax com- mission. In establishing true cash value of property within the districts zoned, the assessing ofiicer shall take cognizance of the effect of limits on use established by the ordinance or rule. Sec. 13. (1) The commission shall prescribe such administrative procedures and rules and provide such personnel as it may deem necessary for the enforcement of a zoning ordinance or rule enacted in accordance herewith. A circuit court, upon petition and a showing by the commission that there exists a violation of a rule properly promulgated under this act, shall issue any necessary order to the defendant to correct the violation or to restrain the defendant from further violation of the rule. (2) A zoning rule of the commission shall be promulgated in accordance with and subject to the provisions of Act No. 306 of the Public Acts of 1060, as amended. being sections 24.201 to 24.315 of the Compiled Laws of 1048. The rule shall include procedures for receiving and acting upon applications from.locnl units of government or landowners for change of boundaries or change in permitted uses in accordance with sections 71 to 87 of Act No. 306 of the Public Acts of 1969. An aggrieved party may seek judicial review in accordance with and subject'to the provisions of sections 101 to 106 of Act. No. 306 of the Public Acts of 1969. (3) The lawful use of any building or structure and of any land or premise as existing and lawful at the time of enactment of a zoning ordinance or rule or of an amendment thereof may be continued although such use does not conform with the provisions of the ordinance, rule or amendment. The ordinance or rule shall provide for the completion, restoration, reconstruction, extension or substitution of nonconforming uses upon such reasonable terms as may be set forth in the zoning ordinance or rule. 125 Sec. 14. Nothing in this act shall preclude a component of the system from becoming a part of the national wild and scenic river system under the federal wild and scenic rivers act, Public Law 90-542, approved October 2, 1968. The commission may enter into written cooperative agreements for joint federal-state administration of rivers which may be desimated under Public Law 90-542. Sec. 15. The commission shall approve preliminary and final plans for site or route location, construction or enlargement of utility transmission lines, publicly provided recreation facilities, access sites, highways, roads, bridges or other structures and for publicly developed water management projects, within a designated natural river area, except within the limits of a city or incorporated village. It may require any measure necessary to control damaging erosion or flow alteration during or in consequence of construction. Rules concerning such approvals and requirements shall be promulgated under the provisions of Act No. 306 of the Public Acts of 1969, as amended Sec. 16. This act may not be construed to prohibit a reasonable and lawful use of any other natural resource which will benefit the general welfare of the people of this state and which is not inconsistent with the purpose of this act. Clerk of the House of Representatives. Se/ retaryy ythe Senate. Approved Governor. €733": APPENDIX H WATER FRONT DEVELOPMENT REGULATIONS 126 WATERFRONT DEVELOPMENT REGULATIONS Setbacks from the Water For lots that abut on navigable waters: All buildings and structures, except piers, marinas, boathouses and similar uses which require a lesser setback, as determined by the Board of Appeals, shall be set back at least seventy-five (75) feet from the waterline and elevated at least two (2) feet above the experienced high water elevation unless otherwise specified by a flood plain zoning ordinance. Seepage pits and soil absorption fields shall be set back at least fifty (50) feet from the normal high water elevation. The Zoning Administrator shall determine the normal high water elevation or line where not established. Increased Water Setbacks These designated bodies of water possess unique characteristics because of outstanding fish and aquatic life, shore cover, natural beauty or ecological attributes. An increased setback of ____ feet from the normal high water elevation shall be required on the following lakes, flowages, rivers and streams or designated portions thereof: List the appropriate water bodies. 127 128 Reduced BuildingySetbacks A setback less than the setback required for the appropriate class of highway may be permitted where there are at least five (5) existing main buildings within 500 feet of the proposed site that are built to less than the required setback. In such cases, the setback shall be the average of the nearest main building on each side of the proposed site or if there is no building on one side, the average of the setback for the main building on one side and the required setback. Any other setback may be per- mitted by the Board of Appeals in accordance with this Ordinance. Removal of Shore Cover Purpose.--Regulation of tree cutting along the shores of navigable waters is necessary to protect scenic beauty, control erosion and reduces effluent and nutrient flow from the shoreland. These provisions shall not apply to the removal of dead, diseased or dying trees at the discretion of the landowner, or to silvicultural thinning upon recom- mendation of a forester. Tree-cutting.--Tree-cutting in a strip paralleling the shoreline and extending thirty-five (35) feet inland from all points along the normal high water mark of the shoreline shall be limited in accordance with the following provisions: 123 No more than 30 percent of the length of this strip (as measured along the normal high water mark) shall be clear cut to the depth of the strip. Provided, further that cutting of this 30 percent shall not create a clear cut opening in this strip greater than thirty (30) feet wide for every one hundred (100) feet of shoreline (measured along the normal high water mark). In the remaining 70 percent length of this strip (distance measured along the normal high water mark) cut- ting shall leave sufficient cover to screen cars, dwellings, accessory structures, except boathouses, as seen from the water; to preserve beauty and to control erosion. Natural shrubbery shall be preserved as far as practicable, and where removed it shall be replaced with other vegetation that is equally effective in retarding runoff, preventing erosion and preserving natural beauty. The removal of natural shrubbery and its replacement shall require the granting of a special exception by the Board of Appeals. Petition for such special exception shall be accompanied by a plan showing the work to be accomplished. Thegranting of such special exception shall be conditional upon a contract requiring the petitioner to give to the Board of Appeals, within one year after the date of grant, satisfactory evidence of compliance with such plan or pay for the cost of such compliance by the County. 130 Paths.--Any paths, roads or passages within the strip shall be so constructed or surfaced as to be as effective in controlling erosion. Cutting Plan.--A special cutting plan allowing greater cutting may be permitted by the Board of Appeals by issuance of a Special Exception Permit. In applying for such a permit the Board may require the lot owner to submit a sketch of his lot including the following information: locatiOn of all structures, location of parking, gradient of the land, existing vegetation, proposed cutting and proposed replanting. The Board may grant such a permit only if it finds that such special cutting plans: (1) Will not cause undue erosion or destruction of scenic beauty and, (2) Will provide substantial shielding from the water of dwellings, accessory structures and parking areas. The Board may condition such a permit upon a guarantee of tree planting by the lot owner. Such an agreement shall be enforceable in court. Commercial Forestry.--From the inland edge of the thirty-five (35) foot strip to the outer limits of the shoreland, the commercial harvesting of trees shall be allowed when accomplished under accepted forest management practices. The maintenance and improvement of water quality shall be emphasized in all timber harvesting operations. The purpose 131 of this order favor long-lived species adapted to the site and will prescribe slash disposal methods necessary for aesthetic value. More Restrictive Tree Cutting Provisions The depth of the strip within which tree cutting is restricted shall be increased _____ feet and the width of allowed openings shall be reduced to ____ feet on the following lakes, flowages, rivers and streams or designated portions thereof. These designated bodies of water possess unique characteristics because of outstanding fish and aquatic life, shore cover, natural beauty or ecological attributes. List the appropriate water bodies. APPENDIX I GUIDELINES AND REFERENCE DOCUMENTS FOR SOIL EROSION CONTROL 132 GUIDELINES AND REFERENCE DOCUMENTS FOR SOIL EROSION CONTROL Handbookigf Specifications for the Protection of Natural Resources, Michigan Departmefit of Natural Resources, December, 1969. Soil Erosion and Sedimentation‘gontrol Pro ram, Michigan Grana River Watershed Counéil, Lansing, MI, 1969. Community Action Guidebook for Soil Erosion and Sediment Control, National Association of Counties Research Foundation, Washington, D.C., 1970. Model for Developing Soil Erosion and Sediment Control Ordinances and Regulations, Soil Conservation Service, East Lansihg, Michigan, 1970. Technical Guide Sec. III-H, Controlling Runoff and Erosion on Lanas Being Developedffor Non-Agricultural Uses, ,8 S, ast Lansing, Michigan. Technical Guide Sec. IV-G, Ve etative Protection of DevelgpingAreas with Short Term Seeding, SCS, East Lansing, Michigan. Technical Guide Sec. IV-G, Vegetative Protectiongf Developing Areas withfPermanent Seeding, SCS, East Lansing, Michigan. Technical Guide Sec. IV-G, Vegetative Protection of Developing Areas by Sodding, SCS, East Lansing, MiEhigan. Technical Guide Sec. IV—G, Temporary Protection of Developing Areas Without Seeding, SCS, East Lansing, MiEhigan. Technical Guide Sec. IV-G, Tem ora Sediment Basin in DeveIgping Areas, SCS, East Lansing, Michigan. 133 134 Technical Guide Sec. IV-G, Diversions in Developing Areas, SCS, East LanSing, Michigan. Standard Specifications for Road and Bridge Construction, MiEhigan Department of State Highways, LanSing, Michigan. Soil Erosion, Sedimentation Control and Land Balance Ordinance, Ann Arbor, Michigan, 1970. APPENDIX J FLOOD PLAIN MANAGEMENT PROGRAMS 135 FLOOD PLAIN MANAGEMENT PROGRAMS Introduction to Flood Proofing, John R. Schaeffer, Center for Urban Studies, University of Chicago, 1967. A Legal View of the Flood Plain, Edward W. Beuchert, Harvard Law School, 1961. Flood Control Via the Police Power, Allison Dunham, University of Chicago, Law School. Flood Plain Information Study of Red Cedar River, Ingham County, Michigan, Corps of Engineers, U. S. Army, Detroit, Mich1gan, March 1968. Presidential Documents, Executive Order 11296, Federal Register Vo.’31, No. 155, August, 1966. Let's Plan the Damages Out of Floods, Peter Farb, "National Civic Reviewf, May 1960, Nat1onal Municipal League. Using Zoning Principles in Flood Plain Regulation, Joseph I. Perry, Journal HydrauIics Div1s1on," Paper #957, ASCE. . Wisconsin' 3 Shoreland Protection Ordinance, December 1967, Department of Natural Resources, Division of Resource Development, Madison, Wisconsin. Flood Plain Zoning, Charles J. Pelletier, Connecticut Water Resources Commission, September 1960. Floods and Flood Warnings, U. S. Department of Commerce. The Control and Develdpment of Flood Plain Areas, Gilbert R. White, U. of C. Comprehensive Flood Damage Prevention, John W. Weathers, TVA, Knoxville, Tennessee. 136 137 Environment Effects of Flood Plain Regulations, Eugene W. Weber and Walter G. Sutton, U. S. Department of Army, Washington, D.C. Model Flood Plain Zoning Ordinance, Department of Material Resources, Division of Resource Development, Madison, Wisconsin. ' APPENDIX K OUTLINE OF PROCEDURES FOR CONCEPTION, AUTHORIZATION, AND CONSTRUCTION OF SMALL NAVIGATION PROJECTS UNDER AUTHORITY OF SECTION 107 OF THE 1960 RIVER AND HARBOR ACT, AS AMENDED 138 OUTLINE OF PROCEDURES FOR CONCEPTION, AUTHORIZATION, AND CONSTRUCTION OF SMALL NAVIGATION PROJECTS UNDER AUTHORITY OF SECTION 107 OF THE 1960 RIVER AND HARBOR ACT, As AMENDED The procedures for conception, authorization, and construction of small navigation projects can be divided into 10 steps. Step 1. Initiation of action by local interests. An investiu gation of a prospective Section 107 small project may be initiated after receipt of a formal request from a prospective sponsoring agency empowered under state law to provide all required local co» operation. This request and any further inquiries concerning a small navigation project should be made directly to the District Engineer for the concerned area. Step 2. Reconnaissance study. As an initial step in the investi- gation procedure, a reconnaissance report is prepared based on a preliminary investigation made to determine a likelihood for develop- ment through further detailed studies of an economically justified, engineeringly, and environmentally feasible project under the provisions of the authorizing legislation. This report will state if further detailed studies are recommended. Step 3. Review and assignment of further detailed studies. Upon completion of a reconnaissance report by the District Engineer, the Division Engineer having jurisdiction will review the report and trans- mit it to the Chief of Engineers. Approval by the Chief of Engineers is required before detailed studies leading to a detailed project report can be initiated by the District Engineer. Step 4. Assurances of local cooperation. The District Engineer will notify responsible local interesusthat they will be required to furnish formal assurances that they will provide the required measures Of local cooperation. A project will not be recommended unless the District Engineer is fully satisfied that the local interests under- stand their responsibilities and that they are legally responsible, financially capable, and willing to cooperate to the necessary degree. Step 5. Recommendedgplan of improvement. The District Engineer, after carefully analyzing the data Obtained from local interests and developed through field and office studies, will devise a plan of im- provement best suited for problems under consideration and the area in question. A favorable recommendation by the District Engineer will depend on whether the benefits to be derived through the plan of im— provement exceed the cost to be incurred. Also, the District Engineer will inform the local cooperating agency, the State Governor and other interested Federal agencies of the contemplated proposal in order to obtain their views and recommendations on the improvements discussed in the report. 139 Step 6. Consideration by Chief of Engineers. Upon completion of the detailed project report by the District Engineer, the Division Engineer having jurisdiction will review the report and transmit it to the Chief of Engineers. If the Chief of Engineers approves the project, the project will take its place on the backlog list of approved projects awaiting construction funds. Step 7. Allocation of construction funds. The Secretary of the Army is authorized to allot from yearly appropriations made for com- mercial or recreational navigation for the construction of small pro- iects not specifically authorized by Congress, when in the opinion of the Chief of Engineers such work is advisable. Not more than $1000,000 is to be allotted under this authority for a project at any single locality and the amount allotted shall be sufficient to complete Federal participation in the project. Step 8. Preparation of plans. Before construction of the project can be started, detailed plans, specifications, and cost estimates will Mrprepared by the District Engineer, with such assistance and review by the Division Engineer and Chief of Engineers as are necessary. At Hus time, the formal assurances of local cooperation required by law, cf which local interests were notified in Step 4, must be provided and .mproved by the Secretary of the Army. Step 9. Invitation to bid. Upon completion of plans and specifi- cations, prospective bidders will be invited to bid on constructing the proposed improvements. Upon determination of the eligible low bidder a contract will be awarded to him for construction of the project in Iccordance with those plans and specifications, or, if satisfactory ldds are not secured, Government construction with hired labor may stundertaken as provided by law. Step 10. Initiation of construction of project. After award .W the contract, the successful bidder will mobilize his plant, equip- nwnt, and personnel, and start construction. ‘ APPENDIX L SURVEY INVESTIGATIONS AND REPORTS 141 DEPARTMENT OF THE ARMY EP 1120-2-1 Office of the Chief of Engineers ENGCW-PD Washington, D. C. 20315 Pamphlet 1 May 1967 No. 1120-2-1 SURVEY INVESTIGATIONS AND REPORTS Major Steps in the Conceptian, Authorization and Construction of Corps of Engineers' Projects for Water Resources Development Eggpose and SCOpe. This pamphlet summarizes the major steps leading to construction of civil works projects by the Corps of Engineers for navigation, beach erosion control, flood control, and related water resources developments. Small projects of limited scope which may be accomplished under general au- thority available to the Secretary of the Army and the Chief of Engineers are excepted from this pamphlet. The pamphlet may be used by Division and District Engineers for public distribution in explaining the planning, coordination and authorization processes involved in the civil works program. 3;; Federal Interest. Congress, by general and specific laws, has deter- mined that a Federal interest exists in the comprehensive planning of water resources deve10pment for long-range needs, and in constructing and partici- pating in the costs of projects for navigation, flood control, major drainage, irrigation, beach erosion control, and hurricane flood protection, and such related developments as hydroelectric power, water supply, water quality control, fish and wildlife preservation and enhancement, and outdoor recre- ation. The procedures involved in determining the justification and the extent of Federal interest in activities of this kind are described below. Corps of Engineers' reports include comprehensive studies of river basin deve10pment. and survey reports on specific projects and systems of.related projects. The following steps apply generally to both types of studies, differing principally in the sc0pe of geographic coverage. Basin studies and survey investigations by the Corps of Engineers may be authorized by Con- gressional Act or by resolution of the Senate or House Committee on Public Works. Subsequent Federal construction and participation in project costs are subject to specific Congressional authorization. While all relevant aspects of water resource development are considered in the investigation stage, this does not necessarily lead to Federal assumption of all responsibility, and local cooperation may be indicated depending on applicable laws and precedents. Step No. l. Initiation of action by local interests: Local citizens who desire Federal assistance in improvements for navi- gation, beach erosion control, flood control and related water resource purposes should contact their Senators and Representatives‘with a request that provision of the desired facilities be considered by the Federal Government. Local interests may also request advice of representatives of the Corps of Engineers on the apprOpriate further procedures. This Pamphlet rescinds Section 11, EM 1120-2-101 and EP 1120-2-1, dated 17 March 1964. EP 1120-2-1 1 May 67 Step No. 2. Consultation by Senator or Representative with Public Works Committee: a. If previous reports on navigation. flood control, or related purposes have been made for the area in question, the Senator or Representative may request the Senate or House Committee on Public Works to adapt a resolution authorizing a review of previous reports to determine whether any modifications of the Chief of Engineers' recommendations in such reports would be advisable. b. If no previous report has been made, the Senator or Representative may request the Committee to include authorization for a survey in either an omnibus river and harbor and flood control bill or a separate bill. c. In the case of beach erosion control, hurricane protection and related purposes, the Senator or Representative may sponsor an act authorizing a study or may request the Committee to adapt a resolution authorizing a study in ac- cordance with Section 110 of the River and Harbor Act approved 23 October 1962. Step No. 3. Action by the Senate or House Public works Committee: If the Committee to which the request is referred is convinced of the need for a review report, an appropriate resolution calling upon the Board of Engi- neers for Rivers and Harbors to make the review will be adopted by the Committee and referred to the Chief of Engineers for action. In the case of a beach erosion problem, the resolution requests the Secretary of the Army to cause the survey to be made. If the previous report involves the project for the alluvial valley of the Mississippi River and tributaries, the resolution will call for a review of that report by the Chief of Engineers rather than by the Board. Where no previous study has been made, the authorization for an investigation may be included in either an omnibus river and harbor and flood control bill or a separate bill for consideration by Congress. Each Committee may request advice of the Chief of Engineers on the desirability of authorizing such study. Step no. 4. éggignment of investigation by Chief of Engineer : When Congress authorizes an investigation, the Chief of Engineers will assign the detailed studies to an appropriate reporting officer, usually the Division Engineer in whose territory the area is located. The Division Engi- neer may further assign the investigation to the prOper District Engineer. However, before studies can be undertaken, funds for the purpose must be appropriated by the Congress. Step No. 5. Public Hearings by Division or District Engineers: The Division or District Engineer, in order to ascertain the views and desires of local people, will hold public hearings at times appropriate and at localities accessible to all concerned. Local interests will be afforded full opportunity to express their views on the character and extent of the improve- ment desired, on the need and advisability of its execution, and on their general willingness and ability to cooperate with the Federal Government in the 2 EP 1120-2-1 1 May 67 costs of projects in accordance with established policies and laws. Notices of public hearings to be held by the reporting officers are distributed directly to all parties known to be interested in the investigation. Step No. 6. Investigation by Division or District Eggineer: The Division or District Engineer after careful analysis of engineering and economic data obtained through field and office studies, will formulate alternative plans of improvement and determine their costs and probable bene- fits. Consideration will also be given to other objectives defined by Congress, such as area redevelOpment. In selecting the plan of improvement best suited for the problems and the area in question, consideration will be given to optimum use of all water resources of the area by providing related improve- ments. All stages of study are carefully coordinated with local and other Federal agencies concerned. A favorable recommendation will depend on whether the benefits to be derived through the plan of improvement exceed the costs to be incurred. If the plan is economically justified, further public hearings may be held to inform those interested in its characteristics, and to obtain general agreement by responsible officials on the specific requirements of local cooperation. Step No. 7. Review byADivision Engineer and issuance of public notice: Upon completion of the report by the District Engineer, the Division Engi- neer having jurisdiction will review the report and transmit it to the Board of Engineers for Rivers and Harbors. At this time he will issue a public notice to all parties known to be interested in the investigation, setting forth the findings of the District and Division Engineers and their recommendations for improvement, and informing those concerned that they may furnish their views to the Board. The Mississippi River Commission acts instead of the Board on reports on the alluvial valley of the Mississippi River. Step No. 8. Review and hearings by the Board of Eggineers for Rivers and Harbors or the Mississippi River Commission: The Board of Engineers for Rivers and Harbors, an independent review group with staff in.Washington, D. C., is required by law to review all survey and review reports of the Corps of Engineers except those under the jurisdiction of: the Mississippi River Comission. ,The Board or the Comission may hold public hearings before making its recommendations to the Chief of Engineers. Step No. 9. Preparation of_proposed report of the Chief of Eggineers and review thereof by the affected States and Federal agencies: When the Board or the Commission completes its review of the report and transmits its recommendations to the Chief of Engineers, the latter will prepare his preposed report and will refer it, with the Board's or Commission's report, to the Governors of the affected States and to other interested Federal agencies in order to obtain their formal views and recommendations on the improvements EP 1120-2-1 1 May 67 discussed in the report. The Federal agencies involved may include the Depart- ments of Agriculture, Transportation, Commerce, Interior, Labor, and Health, Education, and Welfare; the Federal Power Commission and the Appalachian Region- al Commission; and interested branches of the Department of Defense. The States and the other Federal agencies normally will be expected to forward their comments on the proposed report to the Chief of Engineers within 90 days. Step No. 10. Transmittal of report to Bureau of the Budget: After the Chief of Engineers receives and considers the comments of the Governors of the affected States and those of other interested Federal agencies, he will complete his report and submit it to the Secretary of the Army, who will then submit a draft of his letter of transmission to Congress, with the report of the Chief of Engineers and all pertinent papers, to the Director of the Bureau of the Budget for a determination of the relationship of the report to the program of the President. Step No. 11. Transmittal of report to Congress: Upon receipt and consideration of the comments of the Bureau of the Budget, the Secretary of the Army will transmit the report of the Chief of Engineers, with all pertinent papers and comments, to the Congress. This step will com- plete the action required of the Chief of Engineers and the Department of the Army in complying with the Congressional resolution or act authorizing the investigation. Step NO. 12. Project authorization by Congress: After the report is forwarded to Congress by the Secretary of the Army, the Committees on Public Works of the Senate and the House may hold hearings on the report with a view towards formulating a bill including authorization of projects recommended in the report. The report may be ordered to be printed by a committee as a Senate or House Document, and then is known as the project document. Authorization for construction of projects will usually be included in omnibus river and harbor and flood control bills. Step NO. 13. Assurances of local cooperation: When scheduling of planning and construction of an authorized project is being considered, the District Engineer notifies responsible local interests that they will be required to furnish formal assurances that they will provide the authorized measures of local c00peration. (See Steps 5 and 6.) If assurances satisfactory to the Secretary of the Army are not furnished, projects generally are placed on the inactive list. In the specific case of local flood control projects, projects are deauthorized as provided by law if the assurances are not provided within 5 years after a formal request is made in writing. Step No. 14. Request for plannigggand construction funds: In order that the Corps of Engineers may construct a project authorized in an omnibus bill, funds must be requested from Congress. All requests for 4 EP llZO-Z-l l‘Hay 67 planning and construction funds will be reviewed by the Bureau of the Budget, and, if found to conform‘with the President's budgetary policies,‘will be transmitted to the Congress as part of the President's Budget, and.later con- sidered by the ApprOpriations Connittees. Step No. 15. Appropriation of planning and construction funds: Upon completion of hearings by the ApprOpriations Committees considering the Department of the Army Civil Works ApprOpriations, a bill will be reported out of Committee and referred to the full Congress for passage. The enactment will then go to the President for signature. Authority and funds will be thereby given to the Chief of Engineers to initiate detailed planning and construction of the projects referred to in that bill. Step No. 16. Preparation of detailed plans: Before construction of the project can be started, detailed plans, speci- fications, and cost estimates will be prepared by the District Engineer, with such assistance and review by the Division Engineer and the Chief of Engineers as are necessary. At this time, the formal assurances of local c00peration required by law, of which local interests were notified in Step 13, must be provided by local interests and approved by the Secretary of the Army. Step No. 17. Invitation to bid: Upon completion of detailed plans and specifications, qualified con- tractors will be invited to bid on constructing the preposed improvements. A contract will then be awarded to the eligible low bidder for construction of the project in accordance with the plans and specifications. Step No. 18. Construction ofgproject: After award of the contract, the successful bidder will mobilize his plant, equipment, and personnel, and start construction. Upon completion, a final sharing of costs is determined, and the Federal Government or local interests assume operation and maintenance of the project in accordance with authorized requirements. FOR THE CHIEF OF ENGINEERS: ffl { .- ' a [Cl l , . ¢ ’ [<3 MILES L. WACHENDORF Colonel, Corps of Engineers Executive APPENDIX M LOCAL-STATE-FEDERAL WATERSHED PROJECTS 147 LOCAL-STATE-FEDERAL WATERSHED PROJECTS The Application 1. The Need.--First of all the local people must recognize that they Have a water-management problem and that they can solve it only by working together. They must be willing and able to spend time and money toward solving the problem. 2. Preparing the Application.--A local organization, which may be a soil conservation district, prepares the application. The application includes (a) size and location of the watershed, (b) description of the problem, (c) extent of damages, (d) details about the work needed, and (e) information about the organization and source of funds. Standard application forms are available. 3. Where to Send the Application.--Send the application to the agency designated by the Governor of your State and a copy to the State office of Soil Conservation Service (SCS). 4. Field Examination.--Technical specialists from SCS, Forest Service iFSS, and other agencies examine the watershed. 5. State Action.--If the State agency disapproves the application, the local organization is notified. If it approves, the State agency notifies the SCS State Conservationist and recommends priorities for planning within the State. 6. Washington Review.--The State Conservationist sends the application to Washington for review by the SCS Administrator. The State Conservationist informs the local organization when the watershed is authorized for planning help. 148 143 Work Plan 7. Preliminary Survey.--The SCS and FS make a preliminary survey of the watershed and review the survey with the local organization. The items mentioned in the application are specifically considered. The local organization decides whether to proceed with the work plan. 8. Detailed Field Studies.--The SCS, FS, and other agencies make detailed field studies to determine what can be done, the cost, and the benefits. Benefits must exceed costs. The local organization reviews the findings and decides what measures to include in the work plan. 9. Work Plan Preparation.--The local organization prepares a work plan with assIStance from SCS and other agencies. The . plan describes the proposed measures, how they will be financed, and when they will be installed. The SCS Administrator reviews the plan and makes recommendations. The plan is signed by the local organization and sent to the SCS Administrator. 10. Work Plan Approval.--If funds are available, the Secretary of Agriculture can authorize operations to begin at once provided: a. The Federal contribution to construction costs does not exceed $250,000; and b. The work plan does not contain any single structure having a total capacity of more than 2,500 acre-feet. If the Federal contribution to construction costs exceeds $250,000, or if the work plan contains a single structure having a total capacity of more than 2,500 acre-feet, the procedure is as follows: a. Other interested Federal agencies have 30 days in which to review the plan. b. The President transmits the plan to Congress. 150 c. Committees of the Senate and the House approve the plan before appropriations are made. Financing 11. Making Funds Available.--The SCS Administrator allocates funds for watershed projects from money appropriated each year by Congress. 12. Cost Sharing.--The local organization shares in the cost of installing works of improvement for irrigation, drainage, and other agricultural water management. Cost-sharing is determined by the Secretary of Agriculture on the basis of direct identifiable benefits. The Federal Government pays for installing works of improvement applicable to flood prevention. 13. Local Cost.--The local organization pays for installing works of’improvement for purposes other than flood prevention and agricultural water management. 14. Land and Easements.--The local organization obtains and pays for all land, easements, and rights-of-way needed for the project. ' 15. Loans to Local Group§.--To help a local organization pay its share of the project cost, the Secretary of Agriculture may make loans or advancements to the local organization. The loans or advancements can be made for periods up to 50 years at the Federal long-term borrowing rate with a limit of $5 million for 1 project. gperation 16. Local Responsibility.--The local organization is responsible for instaIlation work. Needed soil and water conservation treatment must precede or be applied during work on structures. SCS technicians and others may provide additional technical assistance to accomplish this during the time specified in the work plan. 151 17. Engineering Plans.--Engineers make field surveys and prepare desings and specifications for constructing the works of improvement specified in the work plan. 18. Employing Engineers.--When structures are for municipal or industrial’water supplies, the local organization must employ non-Federal professional engineers. When projects are for flood prevention or for agricultural water management, the local organization has the Option of employing non-Federal engineers or using the technical service available through the SCS. If the local organization employs engineers for this work the Federal Government reimburses it for this service. The Secretary of Agriculture may advance to the local organ- ization up to 5 percent of the total cost of the works of improvement for this service. 19. Bids and Contracts.--The local organization issues bids and lets contracts fOr construction. 20. Construction.--Contractors start work on structures and other works of improvement. 21. gperation and Maintenance.--When works of improvement are installed, the IocaI'organization is responsible for operation and maintenance of the project. Agreements are signed stating who will operate and maintain the project and how they will do it. APPENDIX N PUBLIC NUISANCE REGULATION, DUST-ASHES-NOXIOUS MATTER 152 PUBLIC NUISANCE REGULATION DUST-ASHES-NOXIOUS MATTER No lime, ashes, coal, dry sand, hair, feathers or other substance that is liable to be blown by the wind shall be sifted or agitated or exposed where particles set in motion thereby will pass into any street, public place, watercourse or into any occupied premises. No reasonable precaution shall be omitted by any person to prevent fragments or other substances_from falling or dust and light material from flying into any street, place, watercourse, or building from any building or structure while the same is being constructed, altered, repaired or demolished. 153 APPENDIX 0 WATERFRONT MARINA DISTRICT 154 W-M, WATERFRONT MARINA DISTRICT PREAMBLE: The intent of this Article is to provide districts suitable for recreational and commercial boating and those activities and service facilities related to harbor and waterway improvements. Such districts would encourage safe and efficient development of waterfront areas and faCilitate navigation. Section 13.01. PERMITTED USES. a. Municipal or private development of either the berthing, protection, or servicing and storage~ of recreational and commercial boats, yachts, cruisers, inboards, outboards, sailboats, and other such watercraft. b. Commissary facilities for the provision of food, beverages, and the like to be taken aboard boats. c. Municipal or private beaches and recreation areas. d. Retail businesses which supply commodities for persons using the facilities of the district such as: sale of boats, engines and accessories, fishing equipment and other similar items. e. Restaurant, lounge or clubs. f. Hotels or other such facilities to provide temporary home-port accommodations. g. Accessory buildings, structures and uses customarily incidental to any of the above uses when located on the same property. h. Off-street parking and loading in accordance with ARTICLE VI . 155 156 1. Other uses of similar and no more objectionable character to the above uses, and subject to the requirements set forth in ARTICLE XVI. Section 13.02. PERMITTED USES AFTER SPECIAL APPROVAL. Under suEh reasonable conditions as imposed by the Zoning Board of Appeals, after public hearing, to secure harmony with the purposes of the W-M District, the following uses nay be permitted: a. Engine and hull repair shops. b. Boat fuel stations. Section 13.03. PROHIBITED USES. The specific uses which are prohibited in this District shall be the erection, construction, alteration, or use of buildings or premises and/or land for: a. Dwellings. b. Businesses as permitted in the C-1 and C-2 Districts and not specifically permitted in Section 13.02 above. Section 13.04. DEVELOPMENT STANDARDS. a. All dredging, construction, and/or development shall be subject to all requirements of the wanship, County and State relating to harbor, channel and other waterway development, including Act 245, P. A. 1959 as amended, and the 1958 Federal Boating Act. b. All site plans shall be reviewed by the Planning Commission prior to the issuance of any permit or action by the Zoning Board of Appeals so as to ascertain optimum development in relation to requirements of ARTICLE XVI. Section 13. 04. AREA, HEIGHT AND PLACEMENT REGULATIONS. (In acco-aance withithe attached Schedule of Regulations, ARTICLE XVI. 0 APPENDIX P MICHIGAN LAWS RELATED TO WATER 157 MICHIGAN LAWS RELATING TO WATER TABLE OF CONTENTS 1948 1” CONSTITUTION C.L. Numbers Article 4--Legistrative Branch ......................... 51,52 Article 7--Loca1 Government ............................ l2,15,16,l9,24 . 25,26,27,28,29 2. GREAT LAKES COOPERATION Act 89 of 1954 ...................................... 3.601--3.607 Act 28 of l9SS--Great Lakes Basin Compact ........... 3.6Sl--3.655 3. EXECUTIVE ORGANIZATION ACT OF 1965 Act 380 of.196S Chapter 1 ........................................ 16.101--16.112 Chapter 10--Department of Commerce ............... 16.331 Chapter 11--Department of Conservation ........... 16.350--16.360 Chapter 21--Transfer of Power .................... 16.600--16.608 4. TOWNSHIPS Furnishing water Act 107 of 1941 ..................................... 41.331—-4l.a351 Act 47 of 1941 ..................................... 41.351--4l.356 Act 88 of 1919 ...................................... 41.391--41.398 Act 116 of 1923 ..................................... 41.411--4l.415 Act 157 of 1905--Parks .............................. 41.421--41.42S Act 286 of 1923--Waterways Improvements ............. 41.481--41.482 Act 41 of 1955--Weed Control ........................ 41.67l--4l.673 Fire Protection, Other Purposes Act 96 of 1951 ..... . ................................ 41.831--41.841 Act 207 of 1953 ..................................... 41.871--41.878 5. COUNTY BOARDS OF SUPERVISORS Act 156 of 1851--Construction on Streams ............ 46.21--46.24 Act 342 of l939--Pub1ic water and Sewage Systems ....46.171--46.186 Act 261 of l965--County and Regional Parks .......... 46.3Sl--46.358, . 46.362 6. GENERAL VILLAGE ACT Act 3 of 1895 Chapter VII--Powers of Council ................... 67.12 Sewers, Drains and Water-Courses .............. 67.24--67.34 Harbors, Wharves and Harbor Masters ........... 67.35--67.39 Ferries ....................................... 67.40 Chapter X--Fires and Fire Department ............. 70.12 Chapter XI--water works .......................... 71.1-71.11 158 7. l\) o 159 1948 FOURTH CLASS CITIES C. L. Numbers Act 215 of 1895 Chapter XIV--Public Health ...................... 94.3 Chapter XVII--Harbors, Wharves and Harbor Masters ..... . .......................... 97-1--97.6 Chapter XVIII--Ferries .......................... 98.1 Chapter XXI--Sewers, Drains and watercourses ..... 101.1--101.18 Chapter XXV--Appropriation of Private Property... 105.1 Chapter XXVI--Water works ....................... 106.1--106.ll Chapter XXIX--Fire Department ................... 109.2,109.12 HOME RULE CITIES Act 279 of l909--Public Utilities ................... 117.4f,117.4h THE METROPOLITAN DISTRICT ACT Act 312 of 1929 ...................... J ............... 119.1 PORT DISTRICTS Act 234 of 1925 .................................... 120.1--120.35 Act 251 of 1966 .................................... 120.51--120.56 CHARTER WATER AUTHORITY ACT Act 4 of 1957 ... ................................... 121.1--121.29 LOCAL GOVERNMENTAL AFFAIRS Furnishing Water Act 5 of 187 (Ex. Ses.) ............................ 123.111-123.130 Act 34 of 1917 . .................................... l23.141-123.144 Act 130 of 1945 .................................... 123.151-123.155 Act 178 of 1939 .................................... 123,161-123,167” Acquisition of Water and Sewage Systems Act 235 of 1947 .................................... 123.331--123.347 Act 82 of 1955 ..................................... 123.351--123.356 Act 76 of l965--Joint Waste and water Systems--Interstate ... .................... 123.381--123.384 Act 4 of 1955--Annex Great Lakes Submerged Lands ... l23.581--123.583 Act 68 of 1957--County Board of Supervisors-- Regulation of Hbuseboats .... .................... 123.591--123.593 Act 66 of 194l--Cities--Waterfront Improvements .... 123.601--123.604 Act 185 of 1957--County Department of Public WCrks . 123.731,l23.736 --123.745 Municipal Authority water and Sewage Disposal Systems Act 196 of 1952 ............... . .................... l24.251--124.262 Act 233 of 1955 .................................... 124.281--124.294 160 1948 ll DWELLINGS C. L. Numbers Act 167 of 1917 --Housing Law of Michigan Article I--General Provisions ..... ,,,,,,,,,,, 125.407 Article II--Dwe11ings Hereafter Erected .. ....... 125.434 . Article IV--Maintenance ........ ..... ,,,,,,, 125.466--125.473 Act 243 of 19S9--Trailer Coach Park. Act of 1959 .... 125.1055--125.1065 14 TAXATION OF VESSELS Act 70 of 1911 .... ..... . ........................... 207.Sl--207.54 1i HIGHWAYS Act 283 of 1909--Genera1 Highway Law ....... ,,,,,,,, 230.4,235.1-- 235.8a Act 341 of 1927--Highways Bordering on Lakes or Streams ..... ........ ........ ..... 247.4l--247.46 Act 184 of l917--Noxious Weeds ........ ,,,,,,,,,,,,, 247.51.247.52 Bridges and Culverts ' Act 354 of 1925 ............ . ....................... 254-l,254-5, 254.22,254.25-- 254.32 Act 398 of 1919 .. ...................... . ........... 254.51 ACt 6 Of 1911 so... ooooooooooooooooooooooooooooooooo 254'9l--2S4'94 Regulation of Ferries R. S. 1846’ CH coo-o. oooooooooooo so ooooooooooooooooo 255'l--2SS'12 Act 150 of 1943 ................ ........ . ..... . ..... 255.51--255.53 16. THE DRAIN CODE OF 1956 Act 40 of 1956 Chapter l--Drains ........ ................. ... 280-1--280-ll Chapter 2--County Drain Commissioner ..... ...... . 280.21--280.32 Chapter 3--County Drainage Districts ,,,,,,,,,,,, 280.51—-280.54 Chapter 4--County Drains ,,,,,,,,,,,,,,,,,,,,,,,, 280.71--280.86 Chapter 5--Intercounty Drainage Districts ,,,,,,, 280.101—-280.106 Chapter 6--Intercounty Drains ...... ...... ,,,,,,, 280.121--280.135 Chapter 7--Apportionment and Review ,,,,,,,,,,,, . 280.151--280.162 Chapter 8--Cleaning, Widening, Deepening, Straightening and Extending Drains . ,,,,,,,,,, 280.191--280.200 Chapter 9--Letting of Contracts ................. 280.221--280.223 Chapter 10--Inspection and Approval of - Construction and Payment for the Drain ....... 280.241--280.248 Chapter ll--Levy and Collection of Drain Taxes... 280.261--280.281 Chapter 12--Revolving Funds for Drains .......... 280.301--280.307 Chapter l3--Highways..................... ....... . 280.321--280-327 Chapter l4--Railroads ............ ............. .. 280. 34l--280 343 Chapter 15--Dams in Drains. . ............. .. 280. 351--280. 356 Chapter 16--Specia1 County Commissioner ......... 280. 381--280. 384 Chapter 17--Abandoned and Vacated Drains—- Disposal of Funds . ... ............... 280.3917-280.396 l6. LN 161 THE DRAIN CODE OF 1956 (Cont'd) Act 40 of 1956 (Cont'd) Chapter 18--Obstructions in Drains; Sewage; Miscellaneous Provisions . ..................... 280.421--280.432 Chapter 19-—Consolidated Districts ............... 280.441--280.448 Chapter 20--Intracounty Drains; Public Corporations .................................. 280.461--280.495 Chapter 2l--Intercounty Drains; Public Corporations ................................. 280. Sll--280. 545 Chapter 22--Water Management. Districts and Subdistricts ....... ....... . ............... 280. 551--280. 583 Chapter 23—-Pena1ties ........................... 280. 601--280. 602 Chapter 24--Repeals and Saving Clauses ............ 280. 621--280. 623 Act 157 of l953--Supp1ementa1 Chapter--Drains ....... 279. 31--279.38 LAKE AND STREAM IMPROVEMENTS Act 146 of 1961-~In1and Lake Leval Act of 1961 ..... Act 184 of l963--Construction of Dams in Streams .... Act 20 of l964--Surp1us Waters Act of 1964 ......... WATERWAYS COMMISSION Act 320 of 1947 ........ ................ . ........... Act 187 of 1964--Cheboygan Lock and Dam . ........... Act 125 of l959--Ferry Dock at Straits of Mackinac... Act 66 of 1952--Harbors, Channels and Other Navigational Facilities ..... .................... Act 53 of l961--Transfer of Pr0perties ............. Act 257 of l952--Boat Liveries ....... .............. FLOOD CONTROL AND BEACH EROSION Act 44 of 1952 ....... . ............................. Act 278 of 1952 ........... ......................... BOATING CONTROL COMMITTEE Act 245 Of 1959 .... ................................ INLAND LAKES AND STREAMS ACT Act 291 of l965........... .......................... WATERWAYS COMMISSION--PASSENGER VESSELS Act 228 of 1965 ...... .......... . ................... INLAND LAKE IMPROVEMENT ACT OF 1966 Act 345 of 1966 .................................... .281.6l--281.86 281.131--281.135 .281.301-—281.315 .281.501--281.511 .281.521--28l.523 281.531-—28l.538 .281.54l--281.543 .281.551 .281.561--281.569 .28l.601 .281.621--281.628 .281.651--281.682 .281.73l--281.747 .281.801--281.813 .281.90l--281.930 162 1948 24. SOIL CONSERVATION DISTRICTS LAW C. L. Numbers Act 297 of 1937 ... .................................. 282.1-—282.16 2& DEPARTMENT OF CONSERVATION Act 17 of 1921 ... .................................. .299.3 Fish and Game, Act 230 of 1925 . .................................... 300.2--300.4 Act 192 of 1929 ..................................... 300.11 Act 175 of 1956-—Fishing Miscellaneous .............. 307.251--307.253 Act 84 of 1929--Commercia1 Fishing ..... . ............ 308.1 Game Sanctuaries and Refuges Act 368 of 1927 ... ........................... . ...... 317.231--317.232 Act 22 of 1929 ............ . ......................... 317.241--317.245 Act 112 of 1895 . .................................... 317.281--317.283 Act 171 of 1899 .. ................................... 317.291--317.297 Act 280 of 1909--Lands .............................. 322.204 Act 247 of 1955--Great Lakes Submerged Lands Act ....322.701--322.711 Ni WATER RESOURCES MANAGEMENT Act 245 of 1929--Water Resources Commission ......... 323.l-—323.12a Act 222 of 1949--Federa1 Grants--Sewage Treatment Plants ................................. 323.101--323.103 Act 329 of l966—-State Grants-—Sewage Treatment Plants ..... . .. .................. 323.111--323.114 Act 211 of l956--Water and Sewage Districts . ....... .323.151--323.162 Act 13 of 1956-~(Ex. Ses. )--Federal Grants to Water Resources Commission ..... ....... . .......... 323. 201--323.203 Act 58 of 1959--Swimmers' Itch ..... . ..... ..... ..... 323. 221--323.225 Act 143 of 1959--Low Grade Iron Ore Mining .......... 323.251--323.258 Act 253 of 1964--Loca1 Management Act ....... ...... ..323. 301--323.320 Act 222 of 1966--Tax Exemptions for waste Treatment .... ................. . ...... 323.351--323.358 Act 109 of l907--Water Analysis.. ........ . ........ 325.23 27. DEPARTMENT OF PUBLIC HEALTH Act 98 of 1913--Control of Water Works And Sewage Systems ... ..... ............. ......... .325.201--325.214 Act 294 of l965--Water Well Drilling ............... 325.221--325.240 Act 210 of 1909--Railroad Passenger Coaches .........325.303--325.306 Act 230 of 1966--Public Swimming Pools ..... ....... ..325.601--325.620 R. S. 1846. CH. 35- Quarantine .... .................. 327.29--327.34 28. PLUMBING . Act 266 Of 1929 .......................... ...... .....338.901--338.917 Act 222 Of 1901 ... ........... . ....... ... ......... ...338.951--338.965 29. 30. 31. 32. 33. 34. 163 1948 PUBLIC SERVICE COMMISSION C. L. Numbers Act 3 of 1939 ..... ................. . ......... ..460.6 Act 246 of 1921--Carriers by Water ... ............. ..460.201--460.206 Act 144 of 1909--Issuance of Securities ..... ........ 460.301 WATER AND POWER COMPANIES Act 232 of 1863 ....... ..... ....................... ..486.1--486.22 Act 39 of 1883 . ........ . ............ . ............ ...486.51--486.66 Act 202 of 1887 ..................................... 486.101--486.116 Act 283 of 1905 ................ . .............. . ..... 486.201--486.216 Act 113 of 1869 . ......... . ......................... .486.301--486.318 Act 86 of 1893 .... ........ . ......... . ............... 486.351--486.353 Act 82 of 1901 ... ............... . ................... 486.401--486.402 Act 6 of 1956 ..... .................................. 486.501--486.508 PLAT REGULATIONS Act 172 of 1929 .......... ..... ..... ................. 560.5,560.24 FLOWING WELLS--DAMAGES Act 236 of 1961 Chapter 29 ....................................... 600.2941 PENAL CODE Act 328 of 1931 Chapter IX--Animals .... ...... . ................... 750.57 Chapter XV--Boats and Navigation ..... ..... .. ..... 750.104--750.109a Chapter XVI--Breaking and Entering ..... ... ...... .750.110--750.111 Chapter XLIII--Frauds and Cheats ..... . ..... ..750.282 Chapter LVI--Malicious and Wilful Mischief And Destruction ............... ................ 750. 378, 750. 379, 750. 383a, 750. 384, 750.392,750.393 Chapter LXIV--Poisons .... ..... . .................. 750.436 Chapter LXIX--Public Health ...... .......... ...... 750.475 Supplemental Chapters Act 221 of 1899 ..... ........ . ....................... 752.351--752.353 Act 106 of 1963 ......................... . ..... ...752.901--752.906 MISCELLANEOUS STATUTES Railroad Companies Act Act Act 59 of 1851--Te1ephone, Telegraph and 198 Of 1873 ......OOOOOIOOOOOOOOOOI... 129 Of 1883 ... .......... ......... Radio Companies .............. ...... ...464.31 C 00484.4 ..484.155 164 1948 34. MISCELLANEOUS STATUTES (Cont'd) C.L. Numbers Canal, Harbor and River Improvement Companies Act Act Act 2330f1875......IOOOOOOOOOOOO0....O0......000.0485.l--48502S 1'49 Of 1869 .....OOOOOOOOOOOOOOOO0....0.0.0...00.485.101--4850129 ACt 91 Of 1887 ooooooooooooooooooooooooo ooooooo 0000004850201--48502l4 188 Of 1889 ooooooooooooooooooooococo oooooo ......485.3Ol“485.303 STATUTES NOT INCLUDED HIGHWAYS Act Act 181 Of 1921 ........o......-......ooo...o........254.lOl--254.lo7 ACt 98 Of 1927 so...ooooooooooooooooooooooooooooooooo2S4olQl--254ol23 147 Of 1935 .000COO0.000000000000000ocoo...00000.254OlSl--2540153 AGRICULTURE DEPARTMENT--FOOD REGULATIONS Act 126 Of 1927 00000000000oooooooonoocoooooooooooo00289.4Ol’-2890418 DEPARTMENT OF CONSERVATION Act Act Act Act Act Act Act Act Act Act Act Act Act 1580f1949 00......000.000.00.00.......0.0......3OOOlOl--3OOOlO3 63 of 1885 ........................ ..... .........300.51--300.S6 165 of 1929 .....................................301.1--301.3 301.8--301.10 302.l--302.6 303.1—-303.9 304.1-—304.5 3os.1--3os.12 306.1—-306.3 307.1--307.7 350 of 1865 .....................................307.22--307.28 307.3o,307.32 121 of 1891 .....................................307.41--307.42 261 of 1915 .....................................307.51--307.6l 14 of 1923 ........................... ......... ..307.71-—307.72 156 Of 1933 0000000000.090.000.00...000000.000000307olOl--307.106 40f1939 0.0.0..........OOOOOIOOOOOOOOO0.0.00.003070151 194 Of 1925 00000.000000000000000.0000. oooooooo 0.307.171-“307.172 247 Of 1919 coco-00000000000000... ooooooooooooooo 307.201--307.204 84 of 1929 .......................... .......... ..308.2--308.52 196 Of 1957 000.00.000.00. ooooooo o ooooo .000000000308glll--308.119 WATER ANALYSIS Act LIENS Act 43 Of 1897 oooooooooooooooooooooooocoocoococo-00.390.81"390.83 59 Of 1864 Cocoa-.... ooooooo coo... ooooooooo o ..... 570.4Ol--S7O.449 PENAL CODE Act 269 of 1937..... .......... ......... ..... . ........ 7S2.6Sl--7S2.652 165 1948 MISCELLANEOUS C. L. Numbers R. S. 1846, CH. 18 ..................... ..... 43.1, 43.9, 43.10, 43.16 Act 139 of 1947 ..................... ..... ..... ...... 51.301--51.302 Act 263 of 1861 .................................... .426.51--426.57 Act 202 of 1867 ..................................... 426.101--426.107 Act 238 of 1879 .... ...................... . ....... ...426.151--426.16O R. S. 1846, CH. 46 .................................. 426.174 Act 39 of 1889 ............ . ......................... 455.51--455.63, 455.111--455.112 APPENDIX Q HOW A PUBLIC LAW 566 PROJECT MOVES FROM START To FINISH 166 mammammmmnm 229.1 .2222. £221 £229. m2 £219. 8:32” 1 £221 £2922. Stgg 19 £22.11. .223: 12. £22.13. 1221‘:- lecognition by local people of a problem which may be eligible for assistance under Public Law 566. Preparation.of application by eligible sponsors. Submission of application to the State Soil Conservation comittee. Field review performed by the State Cousittae's Watershed Review Comittee. Education-information program. Public meeting with the State Committee. Official approval or diOIPPTOVIl of application by the State Committee, acting for the Governor. Submission of approved application to Soil Conservation service for inlementation. Preliminary Investigation by the Soil Conservation Service. Expression of interest from sponsors and local people in proceeding. Preparation of a work plan by the Soil Conserva- tion Service with local assistance. Official acceptance of plan by sponsors and local peOple. Construction. Official dedication. ‘ 167 APPENDIX R ENABLING.LEGISLATION 168 169 wmm.m~alamm.mma mmma mm asm.m~aaamm.mma Rama mm~ mamummm mmmzmm can mums: mo coauwmwsvo< Homeowcnz «4.5HH some mam meoumsm Homommaa ommsom meanwo THEM Tao: mmfl.ms-~aa.e¢ amma «an msmumsm mmmsmm one swung owaesm mmwucsoo cowuosnumsoo ucch acmeumona mummz ma.mm~:a.~mm nmma 5mm muowuumwo _ cowuc>nomcoo Hwom» mam.am~naom.am~ some om boa Amps: msamusm ”snowmom mm.ammlam.am~ HmmH owa uo< HO>OA oxen occast, Hmcowmmm. mmm.ommuamm.omm mmma muownumwo ucofiommcmz Houmz muscoo mem.om~naam.om~ mmma maamuo suesoo umncH mucsoo mmv.ommnamv.om~ mmma mcflmua muasoo anuaH muasoo Hmv.om~ omma OGOEO>OHQEH cflmna huqsou ma.maana.maa mmma mam pod poauumao Gmuflaomouuoz mowed scuaaomouuoz mficumoum conmumumm. mscq OOHHQEOU HOT» mud ZOHBflAmHUmA UZHAmflzm 170 mm.o~ana.o~a mmma 4mm muuom aoooa muoauumao uuom E4.aaa mama mam namuoumumz mo maaaooo mmauao page «so: Ev.eaa mama aha mmmnsooumumz mmauao page use: ma.aoaua.aoa mama mam mamasooumumz .mcamun .muw3mm .mmauwu mmmHU cannon m.em:a.em mama mam massage .muonumm. mmauao mmmao ransom ,am.am-mm.nm mama m mm>nmaz .maonumm . mommaaa> amumcmo «ma.asuama.aa mama mam namSm>onmsa smznwpmz . mmaemnzoa GOwucmw>mz ma.maaua.aaa mama mam muoanumao cupaaomoApoz amuse cauaaomoaumz moa.m~maama.m~m Gama aam muoauumao mmm3wm tam Hmumz mamumhm Homommaa aaa.m~m-aaa.m~m coma mam mmmzmm now muamuo mumum moa.m~m-aoa.m~m maaa Nam mamumsm ammomman omm3om How mucmHU acamtmm ama.om~um~a.om~ smma ammommao mmo3omumcoo cacao mucsoo 4m~.¢~auam~.¢~a mmaa mma mmauauoeusc ammaoaasz mea.m~auama.m~a emma mma memos Deanna mo acmfiuammmn mucsou msma owawmfiou HOT» . ,uo¢ .Aomscwucoov ZOHBdAmHUmQ UZHAQuomoam .mowawo mmcau causom moamcsmum Nuwamso Hoamz Ea.maa moma mam mamasooaaamz maao masm mac: OHHM>OCOHO um OO>OA Hoaacoo tooam Sea.amanamm.am~ mmma am~ mammaam can moxmq ccmacH mam.ammuamm.amm Nmma mm mmaaaaaomm \ ammaoaaaz aam.amwuaom.am~ mama omm scammassoo mmmzamams macaw aom.m~a-aom.m~a avma mm maawsa>oamsa aaoaaamamz . mmaaao mm.o~anam.o~a mmma am~ maaom mamam maoaaaman aaom mama OOHHQEOU new» pom ..oasaaacoov 20aeHOmOHm4NWHam> ~m~.m~a-ao~.m~a mama mma maaaom amuse maaaoo aom.m~a-am~.m~a mama «ma maacom amuse maamcsoe aam.m~a mmma ama mcacom mmmaaa> asosommcmz camam oooam macaw -a.omm mama «ma aoa amam mamam aa.maa mmma .ama meaEON mmaaao masm mace omm.m~auamm.m~a amma moa maacom mmmaaa> can saao moa.m~auaoa.mma mama «ma maaaamam maasoo ma.m~auam.m~a amma mmm maacamam ammaoaaaz mam.am~-a~m.am~ mmma mam aoaaaoo cooam ammaoaasz mcowamasmmm Om: osma macaw tooam aa.~a mama mmm Eaaamm oaansm. mmaEmasoa aaaamau mama mam eaammm oaansm . moanmazoa am~.mm moma mam aaammm oaanam . mammaaas Ea.maa moma mam naammm oaansm mmaaao maam asom mzwa poaameoo away ao< .aowscaacoov onaeamaoma ozaamczm 173 ma.~m~ua.~mm mama mm~ maoaaamaa coaampummcou Haom womansoo mam.am~-amm.am~_ mmma _mm~ aoamoam comma . ammaoaaaz Hoaasoo coamoum Hwom ma.~mm-a.~m~ mama mmm maoaaamao cowam>aomcoo Haom . mowacsoo nomad coca: can acacm mo acmfiammaa 61mm am.mmauam.m~a mama mma paaoammmam a :oaammaomm ammaoaaaz ma.maa-a.maa mama, mam maoaaamao amaaaomoaamz momma amaaaomoaaoz ~mm.mmuamm.ma mmma amm maamm . Hosoammm a macsoo mowaccou .msma coaamfioo HMO» aod .aooncaacooc.onemamaoma ozaamczm APPENDIX S FLOOD PLAIN REGULATIONS BY STATE OF MICHIGAN 174 Flood Plain Regulation by State of Michigan Act No. 167, P.A. of 1968 Approved by Governor June 17, 1968 Senate Bill No. 960 THE PEOPLE OF THE STATE OF MICHIGAN ENACT: Section 1. The title and sections 2a, 3 and u of Act No. 245 of the Public Ads of 1929, section 2a as added by Act No. 117 of the Public Acts of 1949 and section Smsamended by Act No. 405 of the Public Acts of 1965, being sections 323.2a, 323.3 am1323.4 of the Compiled Laws of 1948, are amended and 2 new sections to stand as sanions ha and 5b are added, the amended title and amended and added sections to read as follows : TITLE An act to create a water resources commission to protect and conserve the water remnntes of the state, to have control over the pollution of any waters of the state amithe Great Lakes, to have control over the alteration of the watercourses and the Homiplains of all rivers and streams, with powers to make rules and regulations gownming the same, and to prescribe the powers and duties of such commission; to pmmibit the pollution of any waters of the state and the Great Lakes, and to prohibit 'Mecfimtruction of the floodways of the rivers and streams of the state: to designate thecmmmission as the state agency to cooperate and negotiate with other governments amiagencies in matters concerning the water resources of the state; and to provide penalties for the violation of this act. 1 Sec. 2a. The water resources commission is designated the state agency to armerate and negotiate with other governments, governmental units and agencies thereof hlmatters concerning the water resources of the state, including but not limited to flood mnmrol and beach erosion control. The commission shall have control over the alterations ofrmtural or present watercourses of all rivers and streams in the state to assure that thachannels and the portions of the flood plains that are the floodways are not inhabited amiare kept free and clear of interference or obstruction which will cause any undue Itsnfiction of the capacity of the floodway. The commission is further authorized to tahasuch steps as may be necessary to take advantage of any act of congress heretofore oriwreafter.enacted which may be of assistance in carrying out the purposes of this act. The commission shall report to the governor and to the legislature at least once inemch year any plans or projects being carried on or considered and shall include in sudireport requests for any legislation needed to carry out any proposed projects or npeements made necessary thereby, together with any requests for appropriations. Sec. 3. The commission shall be authorized to bring any appropriate action in the mmm of the people of the state of Michigan, either at law or.in Chancery as may be namesary to carry out the provisions of this act, and to enforce any and all laws Nflating to the pollution of the waters and the obstruction of the floodways of the rhmrs and streams of this state. Whenever the attorney general deems it necessary, heshall take charge of and prosecute all criminal cases arising under the provisions efthis act. 390- 4. The commission Or any agent duly appointed by it shall have the right to fixer at all reasonable times in or upon any private or public property for the purpose Ofinspecting and investigating conditions relating to the pollution of any waters and Wm obstruction of the floodways of the rivers and streams of this state. The commission 175 176 shall have the right to call upon any officer, board, department, school, university, or other state institution and the officers or employees thereof for any assistance deemed necessary to the carrying out of this act. Sec. 5a. The commission shall have the authority to make regulations and orders for the prevention of harmful interference with the discharge and stage Characteristics of streams. It shall have the authority to ascertain and determine for record and in making its order the location and extent of flood plains, stream beds and channels and the discharce and stage characteristics of streams at various times and circumstances. Sec 5b. It shall be unlawful for any person to occupy or permit the occupation. for residential, commercial or industrial purposes Of lands or to fill or grade or permit the filling or gradino for any purposes other than agricultural of lands in the flood plains, stream bed or channel or any stream, as ascertained and determined for record by the commission, or to undertake or engage In any act1vity on or with respect to the lands which is determined by the commission to harmfully interfere with the discharge or stage characteristics of a stream, unless the occupation, filling, grading, or other activity Shall have been permitted by an order or rule of the commission, or by a valid permit issued therefor by the Department of Conservation under the provisions of law. Reproduced by W.R.C. 5/27/68 APPENDIX T S UGGES TED DEVELOPMENT PLAN 177 M/CH/GAN l.Al(E I 2 I6 l9A ROCKFORD RIVER 22 25 U2 U7A FISH CREEK 5| 7n I09 IIO W4 N8 149 180 l7| 178 '9‘ i“ if e I éfli’l’fizfle f‘fifiifiwgflibna, I < M 3 R h‘ a“ uu‘“““.. EEéOOOOE\\‘ KEY VflLLEY PRESERVES fiSERVDIR SITES WATERSHED DEVELOPMENT JACKSON COMPLEX . ..... . REDCHMR(NHH£X FOR DEVELOPMENT PR|OR TO 1985 ‘,,,,a' . - §WM=W,hm “”5"“ mu LAKES mum I ‘ FREEMAN MARSH ORAIM RUNTOON LAKE PERRY CREEK BLV LAKE EATON RAPIDS UPPER COLUMBIA CREEK PORTAOE RIVER PRAIRIE CREEK LABARGE DUCK CREEK PRAIRIE CREEK PORTLAND SAND CREEK BEAR CREEK SLEEPY HOLLOW COLUMBIA CREEK LOOKIMGGLASS S: :3 W1 H1 :3 C) a! ,- ) "'~ t- .i : , :.. .:_ :he seveicpmeni giams :iiebitaaefi, are anger L.H¢HWAH 5“ . .. , ‘wawme e* *» coes:dera¥safi as a reaseeecie attempt to GRUB CREEK ] LIBRART CREEK , ¢* ” »* ,fii: ,. ,E _, , "\..“.F ..5 .x - .. .W No NAME CREEK *2 1 . %& ha~=SLy .qe «fiefi- :abQufce Deficfi Q: 333 meet» PORTAGE RIVER K UPPER MAPLE RIVER 95 g a , withsn the Grand River 3&5 a, The overaéi 5" t/ ‘5‘? e e t 3%.,“ ”S'EQEE‘Q‘ESE EF-kfid <3 ba‘fif 8 ‘?- g 3:; » a « an a, I, t '0 s.‘i t ‘ t: at “:i””%fi ;; L Hmom cam ° , _ - , “ , . " 7‘5. , u STONY CREEK 3 v a - pf man-s needs be he iarmer, :ndus%rsas;sz, e ** ¢a 1 urban dweller, recreationisi, conservationist .3 ' . ~ -- . . I M ROGUE RIVER 3 egg 0? last a passe ressgent ace the natures en" 43 . t , . . . R DEVELOPMENT PRIOR To 2020 ,“ 9“ E JACKSSWE its}: agreement at the been?” * . F0 #m. v» * m. u .............. WHY PLAN Approximately one million people live in the Grand River Basin. The Basin contains three metropolitan areas and is spread over 5,572 square miles in west central Michigan. By the year 2000, it is estimated that the population of the Basin will be close to two million people. The doubling of the population will place increasing demands on limited resources. Utilization of our water and land is no longer a privilege that can be taken for granted. To provide the greatest amount of good for the greatest number of people, it is imperative that we exercise wise use of our water and re- lated land resources. THE PLANNERS The plan is the product of seven years of study by Federal, State, and local agencies, which functioned together under the leadership of an interagency Coordinating Committee. The Coordinating Committee included representatives from the Federal Departments of Agriculture; the Army; Commerce; Health, Education, and Welfare; the Interior; and.Transportation; and from the Federal Power Commission. The State of Michigan participated in the study through its membership on the Coordinating Committee and through close coordination between Federal and State agencies. The Michi- gan Grand River Watershed Council participated actively in Coordinating Committee meetings in behalf of the local units of government within the Grand River Basin. THE PLANNING PROCESS The water-related resources of the Basin were inventoried, and existing and projected water needs of the Basin were analyzed. The portion of the public's needs which the planners were satisfied would be met by existing or on-going programs was not given further consideration. For example, the on-going water pollution enforcement program and the existing State Park system were accepted as fact. Planning proposals were developed to attempt to satisfy the remaining needs. Proposals were developed for both long and short term solutions. PURPOSES TO BE SERVED BY THE PLAN The purposes to be served by the plan include maintenance and improve- ment of water quality, provision of adequate water supplies, development of water and land resources to provide increased opportunities for outdoor recreation, improvement of fish and wildlife habitat, increased efficiencies in agriculture through land and water management, reduction in flood damages, construction of improved channels for recreational and commercial navigation near the mouth of the Grand River, and improvement of the river for aesthetic as well as utilitarian purposes. ' THE REPORT AND THE PLAN The study report will consist of a Summary Report and I7 appendices. The report will contain technical information and proposals for future action to meet the needs for development of the water resources of the Basin. The plan currently under consideration proposes construction of some multiple purpose reservoirs, a number of watershed development and land treatment programs, improvements for both commercial and recreational navigation, local flood protection, preservation of streams and related land through the establishment of "valley preserves," and other programs to serve the needs of the people of the Basin. THE EARLY ACTION PLAN The early action plan consists of structural improvements and non- structural programs recommended for construction or implementation by l985. Seventeen multiple purpose impoundments are included within the early action plan. Emphasis on construction-type solutions in the early phase is based on trends in land use. If favorable sites are not acquired early they will be lost for future development. THE LONG TERM PLAN The long term plan consists of proposals designed to serve the long term (post-l985) needs of the Basin. The programs recommended are long range in terms of execution and effect,.but it is best not to defer their initiation. The primary feature of the long range plan is the preservation and controlled multiple purpose use of the natural flood plains or river valleys in the form of ”valley preserves.” Since as much as 20 years may be necessary to secure and develop the large tracts of land needed to realize the full potential of valley preserves, immediate attention is recommended for this program. IMPLEMENTATION OF THE PLAN The basin plan will be implemented through a variety of means. Federal agencies will provide elements of the plan within their traditional work areas, and the State of Michigan will implement elements of the plan, as will the full range of local governmental units. In addition, all levels of government are asked to make some changes in their laws and programs to allow recommended proposals (valley preserves, for instance) to be implemented. ADDITIONAL INFORMATION At the time this information sheet was printed, the Summary Report had not yet been printed, but draft copies of the Basin Plan of Development (Appendix Q) are available at libraries within the Basin. If you wish further information on the plan, check with your local library first. You may also write the Grand River Basin Coordinating Committee, Post Office Box 1027, Detroit, Michigan 4823l (telephone 3l3-963-l26l, extension 315), or the Michigan Grand River Watershed Council, 609 Prudden Building, Lanshm Michigan 48955 (telephone 5l7-489-0552). ' ’ APPENDIX U A PLANNING CRITIQUE OF THE GRAND RIVER BASIN COMPREHENSIVE WATER RESOURCES PLANNING STUDY 180 A PLANNING CRITIQUE OF THE GRAND RIVER BASIN COMPREHENSIVE WATER RESOURCES PLANNING STUDY. Recommendations This paper is a critique of the regional planning process conducted on the Grand River Basin. The six year study by planners from various federal and state agencies contained the following features to accomplish their objectives: 1. Identified the water and land problems in the basin. 2. Prepared an inventory of the water and land resources. 3. Projected the immediate and long range needs of the people. 4. identified a multitude of water and land manage- ment programs that might be used to satisfy the projected needs. 181 182 The following recommendations indicate some of the methods that would enhance the planning process for other river basins: A federal agency that is participating in the planning should not be responsible for coordinat- ing the efforts of the other agencies. This responsibility should be the function of the Great Lakes Basin Commission. Municipal planners of counties, cities, and regional entities should be directly involved throughout the planning process. Physical models of development programs should be created to relate the impact of the long range needs and their potential resolution. Complete information should be available to the general public before public hearings are held. I The planning process should incorporate a continuous program of information and education to permit and encourage public involvement. Participation of the public and private sectors would help assure the recognition for community values and goals. More complete lines of communications should be developed with all forms of the news media to provide them with adequate information for release to the general public. Other recommendations in the critique pertain to the role of' the State Legislature, long range planning, jargon, emerging concerns and the resulting affect of “planning clouds" on real estate emanating from the study. Introduction The Grand River Basin Study is one of siXteeen. Comprehensive River Basin Planning programs started in 1963 as a Federal-State program. The origin of the Study began in 1959 when a Select Senate Committee was formed to study the relation of water resources activities in the United States to the national interest, and the extent and character of water resource activities both governmental and non-govermental that will be required to take care of needs for water for all purposes now and in the future. The Select Senate Committee, commonly known as "Kerr Committee," held nation-wide hearings from 1959 thru 1961. The Committee found there were serious water problems across the nation and recommended detailed and comprehensive water resource development plans be prepared cooperatively by Federal and State agencies at the earliest practicable time.1 The Administration and Congress accepted the Committee's report and adopted the policy of studying and resolving water 1Report of the Select Committee on National Water Resources, Réport No.‘29, 87th Congress, First session. 184 related land resource problems on a river basin basis.2v The Grand River Basin is the only basin designated for a study in the State of Michigan. In 1965 the United States Congress enacted the "Water Resources Planning Act" which established the Water Resources Council, and provided for the establishment of River Basin Commissions. The Chairman of the Council is appointed by the President, and the Council membership consists of the Secretary of the Interior, the Secretary of Agricultural, Secretary of the Army, Secretary of Health, Education, and Welfare and the Chairman of the Federal Power Commission. The function of the Council is to assure that the Comprehensive -Basin Planning Program is accomplished in an orderly, efficient, and coordinative manner. The purpose of this paper is to identify problem situations that developed during the planning study of the Grand River Basin. Each problem is then discussed with‘ suggestions as to how the situation may be improved. Institutional Aspects Dual Role of the Corps of Engineers ~ .The Problem.--Six Federal agency heads, including the Secretary of’Ifiterior, the Secretary of Agriculture, the Secretary of the Army, the Secretary of Health, Education and Welfare, and the Chairman of the Federal Power Commission, were designated to serve on the Grand River Basin Coordinat- ing Committee for the purpose of completingthe study.3 2Senate Document No. 97, 87th Congress, Second Session, U. S. Government printing office, Washington, D.C., 1962. 3Plan of Investigation, Com rehensive Basin Plannin Study of the Grand River Basin,’Mic i an, Corps of Engineers, 185 The Corps of Engineers was assigned the additional responsi- bility as Chairman agency to correlate the planning process. The principle difficulty in this situation is the equal role each agency had in the planning program. Even though the Corps of Engineers had the responsibility for chairing all planning sessions, they did not have the right or respon- sibility to direct the procedures to be followed or the decisions to be made. Since the representative of each of the agencies respected the ”equal footing" of each of the other agencies, there were many times a leadership role was not assumed by the Chairman or other representatives in order not to display unwarranted authority. The Recommendation.-—A basic principle in the field of Administration is that a person or an agency should not attempt to wear two "hats" in an administrative function because of the potential conflicts that may arise. At the time the Type-II--Comprehensive Water Resources Planning Study was started on the Grand River Basin the Grand River Basin Coordinating Committee functioned informally under an Ad Hoc Committee in Washington. The Corps of Engineers .served in the chairmanship capacity for the planning process and at the same time served an equal role with the other agencies in developing technical reports. As chairman of the planning process the Corps of Engineers had an equal voice in plan formulation. Following the adoption of the Water Resources Planning Act of 1965 there was created a National ' Water Resources Council and also the Great Lakes Basin Commission, which were organized to administrate comprehen- sive planning for water and related land resources. The , Great Lakes Basin Commission is comprised of representatives from federal agencies responsible for water resource manage- ment, and the various states surrounding the Great Lakes. This Commission, broadly representing the federal and state interests in water management, would be the appropriate organization to assume the chairmanship role in administrating river basin planning programs. Through this planning structure, the Great Lakes Basin Commission could more effectively interpret and administrate policies established by the National Water Resources Council. All federal and state agencies would also be more equally related in the planning process. Involvement of Municipal Planners The Problem.--Early in the study program an opportunity was given to puBIiE officials including the municipal planners to suggest water management needs. However, the municipal planners did not have another opportunity to participate in the planning process until basic plans were developed, later known as the Preliminary Plan for the Grand River Basin. A 186 meeting was held for the municipal planners approximately nine months before the report was to be completed, but even at this late date there was a great deal of resistance by Federal planners to relate specific details on the planning program. The Recommendation.--Local involvement Could have been 'greatly improved if there were some mechanism in which municipal planners could have officially participated in the planning process. One method could have been the creation of a task force made up of City, County, and regional planners to serve in an advisory capacity to the Basin Plan Formulation Subcommittee. A member of this task force could have been assigned as a member of the Basin Plan Formulation Subcommittee in order to maintain continuity between development of local plans and the preparation of the Grand River Basin Report. The Federal-State planners also would have had a better feed- back relationship and would have been in a better position to weigh conflicting values in community development of the natural resources. The planners could-also have had significant part in the informational program on the Preliminary Basin Report and also had a significant role in the public hearings conducted by the Grand River Basin Coordinating Committee. Role of State Legislature The Problem.--The Grand River Basin Coordinating Committee isfthe planning agency responsible for completing the Study and preparing the report. The Governor or his designated representative is the only person representing the State of Michigan serving on the committee. The Legislature is not involved in the planning process because there are no laws required for the completion of the study or other legisla- tive acts for implementation since the study is designed only to prepare a report. Because of the implied impact the study will have on the Grand River Basin, many aroused citizens have contacted their legislators for information and protec- tion. The members of the Legislature were not and could not be prepared to prOperly respond to the concerns of the people to the satisfaCtion of the constituents. The Recommendation.--The members of the Legislature are elected officials responsible to their constituents in all matters pertaining to the affairs of the state. In view of this responsibility, the members of the Legislature in the study area need to establish their role in the planning process. This role needs to be clearly defined so that each member of the Legislature can function within acceptable limits without interfering with the planning process, but at the same time be in a position whereby he can represent the district he serves. The members of the Legislature would need to work 187 together in defining their role as to how they can serve their districts and how they can share their concerns and interests with the planners conducting the study. Planning Difficulties Development of a 50 Year Plan The Problem.--One of the purposes of the Grand River BaSin Study was to develop long range goals to satisfy pro- jected needs of the people for the next fifty years. Not only is this study period beyond the comprehension of the average citizen, municipal planners are reluctant to project programs beyond 20 years. The Recommendation.--Long range planning is becoming more essential because of—the geometric trends in population, standard of living and demands on our natural resources. Long range goals are important in order to establish general direction for short range decisions. In order to effectively demonstrate how current trends will effect future decisions, dramatic models should be developed to demonstrate the impact projected urbanization will have in the basin. Actual models of the landscape with long range land use programs should be generated to effectively demonstrate to all age levels the need and value for long range planning. The planning process should be included in the elementary and secondary schools to equip the students who will be responsible for making decisions in the future. Planning Personnel Turnover The Problem.--The planning study extended over a six year period, during which time personnel changes occurred in the various agencies in the planning program. These changes may have occurred because of revised roles of the agencies, turnover of personnel, or due to limitation of planning funds. The Recommendation.--One of the greatest set-backs in assuring a continuous planning process is when an agency is limited to one person working on a specific study. Planning programs that will have the impact on an area such as the Comprehensive Water Resources Planning Study should be conducted under the direction and surveillance of at least two people in each agency, in order to provide sufficient back up in the event one person changes employment. When a change does take place, another person should immediately be brought into the picture to provide the necessary back up for effective, continuous planning. 188 Pioneer Planning The Problem.--The Type II--Comprehensive Water Resources Planning Studies authorized in 1965 were the first studies conducted on river basins to be completed under the newly organized National Water Resources Counci. During the planning period, planning philosophies were being developed, criteria of values were being established and procedural steps were being refined. The Recommendation.--A close operating relationship needs to_5e maintained between the Basin Plan Coordinating Committee and the National Water Resources Council, in order to cope with the changing demands of the nation, state, and local areas. Direct coordination of river basin planning through the Great Lakes Basin Commission would provide signi- ficant assurance that planning programs can remain abreast of changes that may be necessary during the planning program. Emerging Concerns The Problem.--The planning period for the Grand River Basin Study occurred at a time when the "ecological" movement gained momentum. During this same period of time, water quality standards were being established and new technologies were.creating critical pollution products; and technologies were also developing new methods for abating pollution. The Recommendation.--The planning program should be responsive to changing conditions that may have an effect on the study program. An example of changes that occurred during the Grand River Basin Study included: change of interest rates on bonding costs; development of spray irrigation of waste disposal; legislative reform for the protection of the environment; and increased public awareness that such chang- ing conditions are being recognized in the planning process, and that any planning report must be subject to continuous review to accommodate new trends and resource management capabilities that have developed subsequent to the completion ,of the planning study. "Property Clouds" on Real Estate The Problem.--The Grand River Basin Study was designed to develop a report to identify the various water and land 4Water Resources Planning Act, Public Law 89-80, 89th Congress 8.21, July 22, 1965. ld9 management programs that could be developed throughout the Grand River Basin. Many of these programs were structural in nature, that would require public acquisition of lands for development. Even though these programs were conceptual in nature, there was a fear by property owners they would become a reality, which in turn would affect the value of their property. It also created grave doubts by developers to proceed with the development of plans recognizing the possibility that the area may be needed for public use. The Recommendations-'-A planning report should properly reflect how the projected needs can and should be satisfied ' within the capability of financial feasibility, along with social and political acceptability. When such conditions have been satisfied, many fears can be abated throngh the development of an informed public. Areas that are designated for public use should be so designated to encourage a rational transition from private to public ownership without creating unnecessary fears or doubts. An effective informational program would make it possible to determine public attitude toward specific development programs. Orderly growth, supported by public opinion, would minimize the jeopardy that otherwise ' occurs when public programs are planned. ' Planning Jargon The Problem.--One of the problems in properly relating to local peopIe is in the use of terms common to planners, but unfamiliar to the average person. Not only does this reduce the effectiveness of communication, but it is sometimes considered as a devious way to answer questions. The Recommendation.--Every field has specialized words that can be caIled’jargon. The following terms were frequently used in the planning process: Alternatives Conservation pool Benefitecost ratio Single purpose plans Net demands Intermediate regional flood Water quality Waste assimilation Social acceptance Average annual damage Consumptive use and benefits Comprehensive planning Recreational demand flow-through Local people Flood frequency Land treatment Intangible benefits Parameters Trade-offs . Acre-feet 190 An important tool in the planning report would be the pre- paration of a glossary of terms for the benefit of the general public and to clarify the meaning of words between agencies. Public Participation Federal Planning of Local Resources The Problem.--The Grand River Basin Study was initiated following puBlic hearings held in the basin to explain the purpose of the study. Very little acknowledgement was given to the planning process until the Federal and State planners developed conceptual measures for managing the local resources. Local people then took strong exception to the Federal govern- ment for making plans on the use of the local resources and exception was also taken with the Federal planners for not involving local people in the planning process. The Recommendation.--One of the first steps initiated to develop comprehensive plan for the Grand River Basin was to conduct public hearings to explain to the local people the purpose and program for conducting the river basin study. There was a lapse of over three years before the local people had another opportunity to become aware of the progress of the planning study and have any knowledge of the contents of the emerging plan. When reports were submitted on the planning process, it was apparent that a great deal of documen- tation was being completed without the use of local resources and participation. The results of this experience indicate the need for a continuous informational program to be conducted during the planning process to apprise the people of the steps that were being taken and also to give opportunity to provide input from the local level. If such a relationship had been developed early in the planning stages, the final report could have been better related as a Local-State-Federal report rather than a Federal-State report. Public Hearingg The Problem.--Pub1ic hearings were held on the Grand River Basin Study to give opportunity to the general public and public officials to comment on the plan as they understood it, and to provide an additional means for public education on the planning program. Unfortunately, it was necessary to hold the public hearings before Appendix Q, The Suggested Plan, could be completed and there was not sufficient opportunity 191 for the general public or the public officials to have a proper concept of the plan to offer constructive criticism or comments. The use of public hearings also implies steps are being taken for project development, which is not true for the Grand River Basin Study. The Recommendation.--The key to the effectiveness of a public hearing is the ability of the general public and the public officials to understand the program the public hearing is being held for, in order that constructive comments and 'criticisms can be offered leading to the completion of the final report. The following items should be completed prior to the scheduling of public hearings: All technical reports should be printed and circulated. All single purpose reports prepared by the various agencies should be printed and circulated. The Suggested Plan should be printed and circulated. An informational booklet should be printed and circulated. A period of four to six months should be allowed to conduct informational meetings to explain the contents of all the above reports in order to fulfill the intended purpose of the public hearings. If an intensive informational program is properly conducted, and full opportunity is given to public officials and the general public to respond to the published information to give the planners proper respect for the concerns of the local people, then it may not be necessary to hold public hearings in the traditional way. Since public hearings are normally related to designated projects prior to appropriation of funds, holding public hearings for the completion of a study may not be necessary. This suggestion has merit when it is recognized a report contains various alternative measures for managing the local resources. Implementation of any one of the projects would necessitate a public hearing, at such time as it is determined necessary to proceed with the program. §£ass Roots Involvement The Problem.--Literally no opportunity was given to local people in evaluating the needs or suggesting remedies to known and projected problems. The only act of involvement by grass roots persons occurred during the education-informational meetings after the Preliminary Plan had been documented. 192 The Recommendation.--Local people could have had a greater opportunity to—be involved in the planning process if the planning commissions throughout the basin could have been closer related to the program through the municipal palnners. The planning commissions could have then conducted periodic seminars, public forums, and informational meetings as a service to the local communities. More effective evalua- tion of the alternative measures could have been accomplished in order to better identify priorities and designate objectives and long range goals. Through this process, local people would have had a better opportunity to understand various trends that are occurring in the study area and to have a pro better appreciation for the long range needs to realize the value of suggesting resource management programs to achieve long range goals. Information-Education Programs The Problem.--Information on the preliminary plan was not released to the general public until approximately six months before the report was to be completed. Very little opportunity was given to the general public to gain an in . depth understanding of the findings of the study and the basis for the development of the preliminary plan. The Recommendation.--An information-education program should not Be a one-shot effort to explain the planning process and the contents of the suggested report.. The general public should be participants in the planning program rather than observers. An information-education program should be a continuous effort in order to properly relate the needs, issues and potential resolutions of problems. Unless there is a complete understanding of the situation, wise decisions cannot be made to satisfy short and long range needs of the people. Public Apathy_ The Problem.--The term "public apathy" usually carries the connotation that the people don't care or have no interest in a subject matter. Public apathy is usually suggested when there is no public reaction, negative or affirmative. There was indication the general public was apathetic about the Grand River Basin Study because of their lack of interest in attend- ing informational meetings to gain awareness of the program and become involved in the planning process. 193 The Recommendation.--A progressive approach toward resolving the prEblem of public apathy is through the develop- ment of a concerned public through an effective informational program. Unless the public has a proper appreciation for the needs and understanding as to how they can be resolved, then there will be little reaction by the public. If there is a reaction, it will be negative because of doubt generated through lack of understanding. There should be sufficient ‘understanding by the public so that there can be self- education, rather than completely relying on the professionals to explain and promote wise resource management programs. Role of News Media The Problem.--The art of planning is not a subject that has majOr puBiic appeal. For this reason there is a reluctance by the news media to discuss planning since it does not attract active readership. News items are usually released only when it is apparent there is public concern. The Recommendatiog.--The news media have the greatest responsibility in deveioping an informed public. Their responsibility lies not only in disseminating the information to create awareness, but also to translate the available information so that the work by public and professional officials can be readily understood by the average public citizen. The news media need to be careful it does not ride on the wagon of emotionalism or political opinion. Sufficient information should be provided to the news media in order that this role can be performed and every means should be provided to explain the information to the news media to assure a proper translation of the needs, problems, and alternative solutions. Public Objections The Problem.--Some people may disagree because they do not approve of a basic principle used in the planning process, but the majority of objectors on the Grand River Basin Study has been by people who would be directly affected by a project that might be developed in accordance with the plan. Their objections may be because they may be loosing a family heritage, they don't want to move, they have their life investment in their property, or they don't agree with land being used to satisfy somebody else's problems. These attitudes were expressed during the informational meetings and the public hearings. 5Transcript of Public Hearings, Comprehensive Basin Planning Study of the GrandTRiver Basin, Michigan, Corps of Engineers, Detroit, Michigan. 194 The Recommendation.-—Public objections should be recognized as valid concerns of disagreement and responded to in an objective and rational manner. All persons, whether they be property owners, non-property owners, public officials, environmentalists, concerned citizens or members of the planning staff, should respect the opinions of others to the extent that they realize there may be an honest difference of opinion. Then, there should be a deliberate attempt to resolve the issues to the best interest of community, the State, and the nation. - run -I Summary The purpose of this critique has been to identify W problem situations that were observed in the Grand River Basin Study and then to address these problems by suggesting I ; solutions or alternate methods of employment. Another purpose for this analysis was to identify issues that may be an element of a planning program for developing local or regional resource systems. The scope of this paper has been to identify the weaknesses or failures of the Grand River Basin Study. By the nature of this effort no attempt was made to highlight the advantages and successes of the study program. Some of the important factors resulting from this study include the following: documentation of economic, population and land use trends; inventory of the natural resources; projection of long range needs; suggested long range goals; inter- agency cooperation at the Federal and State levels; and documentation of data to aid decision making at the local level. 135 The next important step in the planning process is coordinating the efforts of the local governmental units to determine what programs are needed for orderly development of the basin. Communities will need to meet to establish what needs have to be satisfied and then consider the alternative methods to fulfill the needs. The decision.making process will need to establish the engineering and economic feasibility of each program, and at the same time political and social acceptability must be attained to satisfy the cultural value systems of the society. 196 REFERENCES Rgport of the Select Committee on National Water Resources, Report No. 29, 87th Congress, First session. Senate Document No. 97, 87th Congress, Second Session, U. S. Government Printing Office, Washington, D.C., 1962. Plan of Investigation, Comprehensive Basin Planning Study of the Grand River Basin, MiChigan, Corps of Engineers, Detroit, MiChigan, p. 1(1. Water Resources Planning Act, Public Law 89-80, 89th Congress 8.21, July 22, 1965. Transcript of Public Hearings, Comprehensive Basin Pianning Study of the Grand River Basin, Michigan, Corps of Engineers, Detroit, MiEhigan. HICHIGQN STATE UNIV. LIBRARIES I III" III III II III IIIIIIIII II 9 8 9 312 31044 20 O