(A) (1) These regulations apply to all wetlands, as defined in this chapter, that: (i) are contiguous to an inland lake or pond, or a river or stream, or (ii) are equal to or greater than one half acre in size, or (iii) are not contiguous to an inland lake or pond, or a river or stream, and are one half acre or greater but less than two acres in size, if the township determines that its protection is essential to the preservation of the natural resources of the township, pursuant to § 152.040. It is unlawful to conduct or maintain any regulated activity or use within a regulated wetland without full compliance with the requirements of this chapter and Part 303 of Act 451.
(2) Whenever persons requesting a wetland use permit are also subject to state and/or federal permit requirements, the following shall also apply:
(a) The township shall have jurisdiction for the regulation of wetlands under this subchapter, concurrent with the jurisdiction of the Michigan Department of Natural Resources and Environment.
(b) Approvals under this division shall not relieve a person of the need to obtain a permit from the Michigan Department of Natural Resources and Environment and/or U.S. Army Corps of Engineers, if applicable.
(c) Issuance of a permit by the Michigan Department of Natural Resources and Environment and/or U.S. Army Corps of Engineers shall not relieve a person of the need to obtain approval under this chapter, if applicable.
(B) In the event that the MDNRE retains authority over any wetlands that are not governed by this chapter, then wetlands use permit applications involving such wetlands shall be submitted to the township for review and comment, pursuant to § 30307(7) of Part 303 of Act 451.
(Ord. passed 3-5-2002; Ord., § 1.4, passed 9-7-2010)