Section R. 281.62 - Boundaries and permitted use; precedence of local zoning ordinance over rules; local government reportingRule 12.
(1) The department may make amendments and supplements to boundaries and to permitted uses requested by a local unit of government or by a landowner following an administrative hearing held pursuant to the administrative procedures act, 1969 PA 306, MCL 24.271 to 24.287, if implementation of the amendment, or supplement does not contravene the purposes of these rules pursuant to R 281.52.(2) A copy of any amendment or supplement to boundary shall be sent to all of the following affected entities: (a) County register of deeds.(b) Township and county clerks.(c) Local building code department.(d) Local soil erosion and sedimentation control enforcement agency.(e) Conservation district.(f) County drain commissioner.(g) Zoning review board members.(3) A local zoning ordinance that meets all of the requirements of natural rivers, part 305, 1994 PA 451, MCL 324.30501 to 324. 30515 and the Michigan zoning enabling act, 2006 PA 110, MCL 125.3101 to 125.3702, may take precedence over these rules. If a local zoning ordinance does not meet all of the requirements of natural rivers, part 305, 1994 PA 451, MCL 324.30501 to 324.30515 or if the local ordinance becomes inapplicable to the land area encompassed by the natural river district through court action or for any other reason, these rules apply. Upon request, the department shall assist a local unit of government in developing an ordinance that meets the requirements of natural rivers part 305, 1994 PA 451, MCL 324.30501 to 324.30515. The department shall determine if a local ordinance meets all of the requirements of natural rivers, part 305, 1994 PA 451, MCL 324.30501 to 324.30515 and shall notify the local unit of government of that determination in writing. If the department withdraws approval of a local zoning ordinance, these rules shall apply.(4) A local unit of government administering a local zoning ordinance approved by the department shall comply with the following: (a) A copy of all special use and variance applications received by the local unit of government shall be provided to the state natural rivers zoning administrator not less than 15 days before the application will be considered by the zoning board of appeals or planning commission. A copy of the local zoning administrators decision for a minor variance application, with permit and approved site plan, if applicable, shall be sent to the state natural rivers zoning administrator.(b) Each local unit of government shall provide an annual report, in writing, to the state natural rivers zoning administrator by March 1 of each year for the preceding year natural rivers zoning activity. The annual report shall include, at minimum, all of the following information:(i) Total number of natural river district land use/zoning permit applications submitted to the local unit of government during the calendar year.(ii) Total number of natural river district variance applications received during the calendar year.(iii) Total number of natural river district special use applications received during the calendar year.(iv) Summary of all decisions made by the zoning board of appeals or planning commission on applications for projects in the natural rivers district during the calendar year.(v) Summary of all outstanding violations of natural rivers standards and the actions taken by the local unit of government to gain compliance at the site during the calendar year.(5) If the local zoning ordinance no longer meets the requirements of natural rivers part 305, 1994 PA 451, MCL 324.30501 to 324.301515 or the department determines the local unit of government has failed to administer the natural river ordinance or has failed to meet the requirements of subrule (4), then these rules apply and the department shall notify the local unit of government of that determination in writing.Mich. Admin. Code R. 281.62