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Old May 22nd, 2006, 09:07 PM   #7
Trail_Fanatic
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Default Found It!

Quote:
Originally Posted by Yetti
ALL the laws are posted in the section above. it right under your very nose.
Sorry Yetti, almost.
The definition of a swamp/ wetland isn't there.

BUT

I did finally find the right link to the 'official' definition using the legislature search link you provided (thank you very much).



THE 'OFFICIAL' DEFINITION OF A SWAMP:

(p) “Wetland” means land characterized by the presence of water at a frequency and duration sufficient to support, and that under normal circumstances does support, wetland vegetation or aquatic life, and is commonly referred to as a bog, swamp, or marsh and which is any of the following:

(i) Contiguous to the Great Lakes or Lake St. Clair, an inland lake or pond, or a river or stream.

(ii) Not contiguous to the Great Lakes, an inland lake or pond, or a river or stream; and more than 5 acres in size; except this subparagraph shall not be of effect, except for the purpose of inventorying, in counties of less than 100,000 population until the department certifies to the commission it has substantially completed its inventory of wetlands in that county.

(iii) Not contiguous to the Great Lakes, an inland lake or pond, or a river or stream; and 5 acres or less in size if the department determines that protection of the area is essential to the preservation of the natural resources of the state from pollution, impairment, or destruction and the department has so notified the owner; except this subparagraph may be utilized regardless of wetland size in a county in which subparagraph (ii) is of no effect; except for the purpose of inventorying, at the time.

I underlined and added emphasis to the portion I believe pertains.
In our case the land owner has NEVER been notified that the area in question is 'essential' and it IS smaller than 5 acres.

P.S. Zookeeper, do you have anyone working on limiting the DNRs authority?
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