The following uses shall be allowed in a wetland without a permit, subject to other applicable state laws and regulations:
(A) Fishing, trapping or hunting.
(B) Swimming or boating.
(C) Hiking.
(D) Grazing of animals.
(E) Farming, horticulture, silviculture, lumbering and ranching activities, including plowing, irrigation, irrigation ditching, seeding, cultivating, minor drainage, harvesting for the production of food, fiber, and forest products, or upland soil and water conservation practices. Wetlands altered as permitted in this division shall not be used for a purpose other than a purpose described in this division without a permit from the township.
(F) Maintenance or operation of serviceable structures in existence on October 1, 1980 or constructed pursuant to Part 303 of the Natural Resources and Environmental Protection Act.
(G) Construction or maintenance of farm or stock ponds.
(H) Maintenance, operation, or improvement which includes straightening, widening or deepening of the following which is necessary for the production or harvesting of agricultural products:
(1) An existing private agricultural drain.
(2) That portion of a drain legally established pursuant to the Drain Code of 1956, Act No. 40 of the Public Acts of 1956, as amended, being M.C.L.A. §§ 280.1 to 280.630, which has been constructed or improved for drainage purposes.
(3) A drain constructed pursuant to other provisions of Part 303 of the Natural Resources and Environmental Protection Act (Act 451, Public Acts of 1994, as amended) or former Act No. 203 of the Public Acts of 1979.
(I) Construction or maintenance of farm roads, forest roads, or temporary roads for moving mining or forestry equipment, if the roads are constructed and maintained solely for agricultural or silvicultural purposes, and are constructed and maintained in a manner to assure that adverse effect on the wetland will be otherwise minimized.
(J) Drainage necessary for the production and harvesting of agricultural products if the wetland is owned by a person who is engaged in commercial farming and the land is to be used for the production and harvesting of agricultural products. Except as otherwise provided in Part 303 of the Natural Resources and Environmental Protection Act, wetlands modified under this division after October 1, 1980, shall not be used for nonfarming purposes without a permit from the MDNRE. This division shall not apply to a wetland which is contiguous to a lake or stream, or to a tributary of a lake or stream, or to a wetland which the MDNRE has determined by clear and convincing evidence to be a wetland which is necessary to be preserved for the public interest, in which case a permit shall be required.
(K) Maintenance or improvement of existing public streets, highways or roads, within the right-of-way and in such a manner as to assure that any adverse effect on the wetland will be otherwise minimized. Maintenance or improvement does not include adding extra lanes, increasing the right-of-way, or deviating from the existing location of the street, highway, or road.
(L) Maintenance, repair, or operation of gas or oil pipelines and construction of gas or oil pipelines having a diameter of six inches or less, if the pipelines are constructed, maintained, or repaired in a manner to assure that any adverse effect on the wetland will be otherwise minimized.
(M) Maintenance, repair, or operation of electric transmission and distribution power lines and construction of distribution power lines if the distribution power lines are constructed, maintained, or repaired in a manner to assure that any adverse effect on the wetland will be otherwise minimized.
(N) Operation or maintenance, including reconstruction of recently damaged parts, of serviceable dikes and levees in existence on October 1, 1980, or constructed pursuant to Part 303 of the Natural Resources and Environmental Protection Act.
(O) Construction of iron and copper mining tailings basins and water storage areas.
(P) A wetland that is incidentally created as a result of one or more of the following activities:
(1) Excavation for mineral or sand mining, if the area was not a wetland before excavation. This exemption does not include a wetland on or adjacent to a water body of one acre or more in size.
(2) Construction and operation of a water treatment pond or lagoon in compliance with the requirements of state or federal water pollution control regulations.
(3) A diked area associated with a landfill if the landfill complies with the terms of the landfill construction permit and if the diked area was not a wetland before diking.
(Q) Any structure lawfully existing prior to the adoption date of this chapter that is damaged by fire, explosion, an act of God, or other cause beyond the control of the owner may be restored, rebuilt, or repaired, but only to its former condition. Reconstruction must commence within two years from the date the structure was damaged, and all necessary township, state, and federal permits must be obtained.
(R) The cutting of vegetation within the right-of-way of a public street, highway, or road for the purpose of vehicular safety.
(S) Impacts to vegetation occurring for the sole purpose of ecological restoration of native plant communities.
(T) Removal and replacement of existing septic systems.
(Ord. passed 3-5-2002; Ord., § 4.2, passed 9-7-2010)