05-10-2007, 03:54 PM
Stakoe revives road end bill
[url "http://www.spinalcolumnonline.com/1editorialtablebody.lasso?-token.searchtype=authorroutine&-token.lpsearchstring=Josh%20Jackett&-nothing"]Josh Jackett[/url]![[Image: z.gif]](http://www.spinalcolumnonline.com/images/z.gif)
May 09, 2007 - For the third time in as many legislative sessions, state Rep. John Stakoe (R-Highland, White Lake) is attempting to control the construction of seasonal docks at road endings located at inland lakes and streams throughout the state.
Stakoe, who introduced House Bill (HB) 4698 on Tuesday, May 1, said the bill is the same as the most recent, previous version of the legislation introduced during the 2005-2006 session of the Legislature.
"It would prohibit the use of any permanent docking, boat hoists, or private use," he said. "It would allow for a small, 4-foot by 25-foot dock for accessing the lake with boats, which was agreed upon by the Michigan Department of Natural Resources (DNR) in the previous version of the bills. It also allows for a civil infraction to be issued if it's violated."
HB 4698 would add a new section to the Natural Resources and Environmental Protection Act regarding the construction of boat hoists or seasonal docks at public road ends that provide access to inland streams and lakes.
Under HB 4698, installing boat hoists and large docks would be prohibited by law, unless allowed by permit. The bill would also make it illegal to dock a boat overnight and to obstruct access to the lake. It would allow for a dock smaller than 4-feet-wide and 25-feet-long to be constructed for public access, unless prohibited by a local ordinance.
Local municipalities would have the authority to issue tickets to those found in violation of the bill's provisions. A violator would be guilty of a misdemeanor and subject to a $500 fine per day.
"I've had endless workgroup meetings on this issue trying to come up with something," Stakoe said. "This wouldn't in any way inhibit any access to the water. This is consistent with all of the court rulings made on the issue in the past. It's actually enhancing access because what we're telling the public that they can't obstruct access, which is what the private docks do."
Following its introduction, HB 4698 was referred to the House Tourism, Outdoor Recreation and Natural Resources Committee.
The bill mirrors the most recent previous version of what had been introduced as HB 4576 during the 2005-06 legislative session. After that bill's March 2005 introduction, it was referred to the House Local Government and Urban Policy Committee, and had been adjusted by three substitutes before being moved to the House Government Operations Committee, where it remained until the legislative session expired last December.
The earliest version of Stakoe's bill, HB 4141 of the 2003-04 legislative session, received a hearing before the House Conservation and Outdoor Recreation Committee but was not reported to the full House floor with a favorable recommendation. It was eventually discharged from the committee and a substitute was adopted, but a final vote of the full House never took place.
Stakoe's latest bill introduction came the same day a rival pair of road ends bills — HBs 4463 and 4464 — were reported out of the House Tourism, Outdoor Recreation and Natural Resources Committee.
The bill package, introduced in March by Rep. Matt Gillard (D-Alpena), would require the Michigan Department to Environmental Quality (DEQ) to issue a marina permit to a local unit of government, which would in turn allow the local government to enact an ordinance that would allow the construction of a dock at a road end.
Gillard said the two bills preserve the notion that road ends are in the public domain, and that his legislation doesn't prohibit activities currently allowed at the locations.
Much of HB 4463 is similar to Stakoe's bill, in terms of specifics relating to docks themselves, but Stakoe has maintained that provisions in Gillard's bill — specifically those pertaining to subcontracting a marina at a road end to a local neighborhood association or civic association — ignore case law dating back to 1882.
The second bill in Gillard's package, HB 4464, would establish a presumption that when a road, street, or alley ending at a lake or stream is donated to either the public or a private person or entity, the donor intended to authorize the seasonal mooring of boats, sunbathing, and lounging otherwise authorized by law.
"One bill changes the Land Division Act and gives the local unit of government the right to interpret the (road's) dedication," Stakoe said. "The other bill says that if the local unit of government decides it wants a marina, the DEQ has to issue a permit and can't refuse it. Where's the oversight process?"
The DEQ issued Gillard a letter opposing his legislative package prior to the bills being reporting out of committee.
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[url "http://www.spinalcolumnonline.com/1editorialtablebody.lasso?-token.searchtype=authorroutine&-token.lpsearchstring=Josh%20Jackett&-nothing"]Josh Jackett[/url]
May 09, 2007 - For the third time in as many legislative sessions, state Rep. John Stakoe (R-Highland, White Lake) is attempting to control the construction of seasonal docks at road endings located at inland lakes and streams throughout the state.Stakoe, who introduced House Bill (HB) 4698 on Tuesday, May 1, said the bill is the same as the most recent, previous version of the legislation introduced during the 2005-2006 session of the Legislature.
"It would prohibit the use of any permanent docking, boat hoists, or private use," he said. "It would allow for a small, 4-foot by 25-foot dock for accessing the lake with boats, which was agreed upon by the Michigan Department of Natural Resources (DNR) in the previous version of the bills. It also allows for a civil infraction to be issued if it's violated."
HB 4698 would add a new section to the Natural Resources and Environmental Protection Act regarding the construction of boat hoists or seasonal docks at public road ends that provide access to inland streams and lakes.
Under HB 4698, installing boat hoists and large docks would be prohibited by law, unless allowed by permit. The bill would also make it illegal to dock a boat overnight and to obstruct access to the lake. It would allow for a dock smaller than 4-feet-wide and 25-feet-long to be constructed for public access, unless prohibited by a local ordinance.
Local municipalities would have the authority to issue tickets to those found in violation of the bill's provisions. A violator would be guilty of a misdemeanor and subject to a $500 fine per day.
"I've had endless workgroup meetings on this issue trying to come up with something," Stakoe said. "This wouldn't in any way inhibit any access to the water. This is consistent with all of the court rulings made on the issue in the past. It's actually enhancing access because what we're telling the public that they can't obstruct access, which is what the private docks do."
Following its introduction, HB 4698 was referred to the House Tourism, Outdoor Recreation and Natural Resources Committee.
The bill mirrors the most recent previous version of what had been introduced as HB 4576 during the 2005-06 legislative session. After that bill's March 2005 introduction, it was referred to the House Local Government and Urban Policy Committee, and had been adjusted by three substitutes before being moved to the House Government Operations Committee, where it remained until the legislative session expired last December.
The earliest version of Stakoe's bill, HB 4141 of the 2003-04 legislative session, received a hearing before the House Conservation and Outdoor Recreation Committee but was not reported to the full House floor with a favorable recommendation. It was eventually discharged from the committee and a substitute was adopted, but a final vote of the full House never took place.
Stakoe's latest bill introduction came the same day a rival pair of road ends bills — HBs 4463 and 4464 — were reported out of the House Tourism, Outdoor Recreation and Natural Resources Committee.
The bill package, introduced in March by Rep. Matt Gillard (D-Alpena), would require the Michigan Department to Environmental Quality (DEQ) to issue a marina permit to a local unit of government, which would in turn allow the local government to enact an ordinance that would allow the construction of a dock at a road end.
Gillard said the two bills preserve the notion that road ends are in the public domain, and that his legislation doesn't prohibit activities currently allowed at the locations.
Much of HB 4463 is similar to Stakoe's bill, in terms of specifics relating to docks themselves, but Stakoe has maintained that provisions in Gillard's bill — specifically those pertaining to subcontracting a marina at a road end to a local neighborhood association or civic association — ignore case law dating back to 1882.
The second bill in Gillard's package, HB 4464, would establish a presumption that when a road, street, or alley ending at a lake or stream is donated to either the public or a private person or entity, the donor intended to authorize the seasonal mooring of boats, sunbathing, and lounging otherwise authorized by law.
"One bill changes the Land Division Act and gives the local unit of government the right to interpret the (road's) dedication," Stakoe said. "The other bill says that if the local unit of government decides it wants a marina, the DEQ has to issue a permit and can't refuse it. Where's the oversight process?"
The DEQ issued Gillard a letter opposing his legislative package prior to the bills being reporting out of committee.
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