Mich. Admin. Code R. 281.153

Current through Vol. 24-24, January 15, 2025
Section R. 281.153 - Boundaries; rules of construction; display and filing of zoning map; effect of zoning rules

Rule 3.

(1) The boundaries of the Huron river natural river district shall be as described in these rules and as depicted on the certified Huron river natural river zoning map. The Huron river natural river district comprises an area which is described as follows:
(a) The mainstream of the Huron river from Kent lake dam downstream to the western edge of section 32 of Hamburg township, Livingston county, excluding Strawberry, Gallager, Loon, which is also known as Long or Little Gallager, and the 2 Whitewood lakes; and from John Flook dam downstream to the Scio-Ann Arbor township line in Washtenaw county, excluding the incorporated village of Dexter.
(b) Davis creek, which is also called the southeast branch of the Huron river, Livingston county, Green Oak township, from the outfall of Sandy Bottom lake to its confluence with the Huron river.
(c) Arms creek, Washtenaw county, Webster township, from the confluence of the 2 branches in section 10 to its confluence with the Huron river.
(d) Mill creek, Washtenaw county, Scio township, from Parker road downstream to the incorporated village limits of Dexter.
(e) The lands lying within 400 feet of the river's edge which are enumerated in subdivisions (a) to (d) of this subrule.
(2) Certified copies of the Huron river natural river zoning map shall be filed with the local tax assessing officers and with the state tax commission, and additional display copies shall be provided to local officials in the Huron river area, including all of the following:
(a) County register of deeds.
(b) Zoning administrator of these rules.
(c) Local planning, zoning, and health officials.
(d) Township and county clerks.
(e) Local building inspector.
(f) Local soil erosion and sedimentation control enforcement agencies.
(g) The soil conservation service.
(h) Huron river watershed council.
(3) These zoning rules do not repeal, abrogate, or impair any existing easements, covenants, or deed restrictions applicable to lands within the natural river district, except that if these rules impose greater restrictions than those found on such easements, covenants, or deeds, the provisions of these rules shall prevail.
(4) These zoning rules do not permit actions prohibited by other statutes or ordinances, including zoning ordinances, which are applicable to the natural river district. Therefore, all of the following provisions apply:
(a) All earth-changing activities, other than normal landscaping or maintenance, that are undertaken within 500 feet of a lake or stream are subject to the provisions of Act No. 347 of the Public Acts of 1972, as amended, being S282.101 et seq. of the Michigan Compiled Laws.
(b) All dredge and fill activities and construction of permanent structures lying below the ordinary high-water mark are subject to the provisions of Act No. 346 of the Public Acts of 1972, being S281.951 et seq. of the Michigan Compiled Laws.
(c) All development and land uses in the Huron river natural river district are subject to the provisions of appropriate local zoning ordinances, health codes, and building codes, including requirements for permits and approvals.
(5) If uncertainty exists with respect to the boundaries indicated on the Huron river natural river zoning map, all of the following rules shall apply:
(a) Boundaries that are indicated as approximately following streets or highways shall be construed to be the center lines of the streets or highways.
(b) Boundaries that are indicated as approximately following lot lines shall be construed as following such lot lines.
(c) Boundaries that are indicated as approximately following city, township, or county boundary lines shall be construed as following such city, township, or county boundary lines.
(d) Boundaries that are indicated as approximately following railroad lines shall be construed to be midway between the main tracks.
(e) Boundaries that are indicated as approximately parallel to the center lines of streets or highways shall be construed as being parallel thereto and at such distance therefrom as indicated on the official Huron river natural river zoning map. If no distance is given, the dimension shall be determined by the use of the scale shown on the official Huron river natural river zoning map.
(f) Boundaries that follow the shoreline of a river, stream, lake, or other body of water shall be construed to follow such shoreline and, in the event of change in the shoreline, shall be construed as moving with the actual shoreline. Boundaries that are indicated as approximately following the thread of streams, canals, or other bodies of water shall be construed to follow such threads.

Mich. Admin. Code R. 281.153

1981 AACS