DEPARTMENT OF NATURAL RESOURCES  
FISHERIES DIVISION  
NATURAL RIVER ZONING  
(By authority conferred on the director of the department of natural resources by section  
30512 of Part 305 of 1994 PA 451, MCL 324.30512, and Executive Orders 1991-22,  
2009-45, and 2011-1, MCL 299.13, 281.99919, and 281.99921)  
R 281.51 Definitions.  
Rule 1. (1) As used in these rules:  
(a) "Applicant" means a person who requests on a form provided by the department and  
via proper procedures, a zoning permit for a principal use, special use, or variance.  
(b) "Appurtenance" means a structure or accessory building incidental to a principal or  
exempt use including all of the following:  
(i) Detached garage.  
(ii) Residential storage shed.  
(iii) Barn and other agricultural storage and livestock structure.  
(iv) Pump house.  
(v) Private access roads and driveway.  
(vi) Electrical service line.  
(c) "Bankfull" means the width of the stream that corresponds to the depth where water  
fills a main channel to the point of overflowing.  
(d) "Bed and breakfast" means a single-family dwelling providing not more than 3  
bedrooms for rent and breakfast served to transient overnight guests only and is the  
owner’s primary residence and is occupied by the owner at the time of rental.  
(e) "Bluff" means a bank that rises at a slope of 33 degrees or greater from within 10  
feet of the river’s edge. The crest of the bluff is the first riverward facing area  
(approximately parallel to the river) that breaks to a slope of less than 18 degrees for a  
distance away from the river of at least 25 feet.  
(f) "Bridge" means any structure of any span length designed to provide a pedestrian,  
vehicle, livestock, or any other stream crossing, including but not limited to, a culvert,  
open bottom arch, and clear-span or multi-span structure.  
(g) "Building inspector" means the agency or individual who is appointed by the  
appropriate governmental subdivision to issue a building permit and to administer the  
state construction code act, 1972 PA 230, MCL 125.1501 to 125.1531.  
(h) "Campground" means a parcel or tract of land in which sites are offered for the use  
of the public or a member of an organization, either free of charge or for a fee, for the  
establishment of temporary living quarters for 5 or more recreational units;  
“campground” does not include a seasonal mobile home park licensed under the mobile  
home commission act, 1987 PA 96, MCL 125.2301 to 125.2349.  
(i) "Certificate of zoning compliance" means a certificate issued by the zoning  
administrator upon determination that the construction and use of land and any structure,  
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as authorized by a zoning permit, including the approved site plan, is in compliance with  
the approved zoning permit and site plan.  
(j) "Cutting edge of the river" means the outside bend of a river or stream channel where  
the water velocity is such that it may cause soil or streambank erosion.  
(k) "Designated natural river" means a river designated by the director under the  
authority of part 305, natural rivers, 1994 PA 451, MCL 324.30501 to 324.30515.  
(l) "Dock" means a seasonal or permanent platform located at the water’s edge or  
extending into the river channel, intended for securing and facilitating access to  
watercraft or to facilitate access to deeper water for swimming, fishing, or other water-  
oriented recreational activity and does not include a wall, railing, a storage locker, an  
attached bench, or any similar structure attached thereto.  
(m) "Effective date of these rules" means the zoning rule promulgation date for each  
designated natural river as follows:  
(i) Jordan river September 25, 1974.  
(ii) Betsie river June 11, 1977.  
(iii) White river - May 5, 1979.  
(iv) Huron river June 2, 1980.  
(v) Rogue river June 2, 1980.  
(vi) Boardman river June 2, 1980.  
(vii) Pere Marquette river July 15, 1981.  
(viii) Rifle river April 24, 1984.  
(ix) Flat river June 21, 1984.  
(x) Pigeon river February 13, 1985.  
(xi) Au Sable river August 15, 1990.  
(xii) Pine river December 27, 2004.  
(xiii) Upper Manistee river December 27, 2004.  
(xiv) Two Hearted river effective date of these rules.  
(xv) Lower Kalamazoo river - effective date of these rules.  
(xvi) Fox river - effective date of these rules.  
(n) "Filtered view" means the maintenance or establishment of woody vegetation of  
sufficient density to screen development from the river. The vegetation need not be so  
dense as to completely block the river view.  
(o) "Floodplain" means an identified or documented area of land adjoining a river or  
stream that will be inundated by a 100-year flood, as defined in part 13, floodplains and  
floodways, MCL 324.1301 to 324.1311.  
(p) "Front" means that segment of a lot or parcel closest to or abutting the designated  
natural river.  
(q) "Ground floor area" means the area of the ground covered by a dwelling measured  
on the outside of a building, including a covered porch and attached garage, but not  
including a deck or patio.  
(r) "Home-based occupation" means a business activity that is secondary to the use as a  
residence of a single-family dwelling and may be conducted on or off the premises of a  
single-family dwelling by the resident of that single-family dwelling, and may include  
storage of vehicles and equipment.  
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(s) "Impervious surface" means a surface, including a paved and unpaved driveway,  
deck, rooftop, road, patio, swimming pool, or parking lot, that does not allow stormwater  
to infiltrate the ground.  
(t) "Lot" means a continuous area, parcel, or acreage of land that can be described for  
purposes of transfer, sale, lease, rental, or other conveyance.  
(u) "Lot area" means the area inside the lot lines.  
(v) "Lot of record" means a lot that exists in a subdivision plat as shown by records of  
the county register of deeds existing before the effective date of these rules or a lot or  
parcel described by metes and bounds and recorded by the county register of deeds before  
the effective date of these rules.  
(w) "Lot, vacant" means a lot that does not contain a single-family dwelling.  
(x) "Natural river district" means a natural river area designated by the director.  
(y) "Ordinary high-water mark" means the line between the upland and bottomland  
which persists through successive changes in water level and below which the presence  
and action of the water is so common or recurrent that the character of the land is marked  
distinctly from the upland and is apparent in the soil itself, the configuration of the  
surface of the soil, and the vegetation.  
(z) "Reforestation" means renewal of vegetative cover by seeding, planting, or  
transplanting.  
(aa) "Setback" means the horizontal distance as specified in these rules between any  
portion of a structure and the ordinary high-water mark or crest of a bluff, measured at  
the structure's closest point to the ordinary high-water mark or crest of a bluff.  
(bb) "Short-term rental facility" means a single-family dwelling with not more than 3  
bedrooms offered as a residential rental facility for a rental period of less than 30 days.  
(cc) "Single-family dwelling” means a structure designed to be used exclusively for  
residential purpose, including long-term residential rental purpose, and contains kitchen  
and bathroom facilities.  
(dd) "Structure" means anything constructed, erected, or moved to or from any lot and  
located above, on, or below the ground, including a building, mobile home, road,  
boardwalk, sign, billboard, satellite dish greater than 32 inches in diameter, any  
communication structure, or a fence. An enclosed, self-contained camping unit is not  
considered a structure if on site fewer than 30 days per calendar year and if located  
landward of the natural vegetation strip, or if the structure is located on a campsite within  
a campground licensed under the public health code, 1978 PA 368, MCL 333.1101 to  
333.25211, if both the individual campsite and the campground were established before  
the effective date of these rules.  
(ee) "Tent camping" means camping within a natural river district on private land with a  
tent, tarp, or other lightweight structure that is temporary and incurs no land disturbance  
or clearing of vegetation.  
(ff) "Wetland" means land characterized by the presence of hydric soils or water at a  
frequency and duration sufficient to support wetland vegetation or aquatic life as defined  
in the wetlands protection act, part 303, 1994 PA 451, MCL 324.30301 to 324.30329.  
(gg) "Zoning administrator" means the administrator of these zoning rules as delegated  
by the director.  
(hh) "Zoning permit" means written permission granted by the zoning administrator.  
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(ii) "Zoning review board" means a group of not more than 7 members appointed by the  
department to implement these rules.  
(2) Terms not defined in these rules shall have the meanings customarily assigned to  
them.  
History: 1979 AC; 2013 AACS.  
R 281.52 Purpose; intent; scope.  
Rule 2. (1) It is the purpose of these rules to do the following:  
(a) To promote the public health, safety, and general welfare, to prevent economic and  
ecological damages due to misuse, unwise development patterns, overcrowding, and  
overuse within the natural river district, and to preserve the values of the natural river  
district for the benefit of present and future generations.  
(b) To protect, preserve, and enhance the natural river district values for the free flowing  
conditions, water conservation, fish, aquatic, and wildlife resources, ecological, water  
quality, floodplain, scenic and aesthetic qualities, boating, historical, and recreational  
values and uses of a designated natural river district and adjoining land.  
(c) To provide for residential and other permitted development that will complement the  
natural characteristics of the natural river system.  
(d) To achieve the goals and objectives of the department’s natural river plan.  
(2) It is the intent of these rules to define terms used and to regulate and restrict lot  
coverage and use, population distribution and density, and the size and location of all  
structures by the delineation of permitted uses and development standards to promote the  
purposes identified in these rules. It is further intended to provide for administration and  
enforcement of these rules and remedy for a violation of these rules.  
(3) It is not the purpose of these rules to revoke, annul, cancel, or in any way impair or  
interfere with existing provisions of law, ordinance, rule, regulation, or private  
restrictions placed upon property by covenant or deed. If a provision of law is less  
restrictive than the provisions of natural rivers, part 305, 1994 PA 451, MCL 324.30501  
to 324.30515 and these rules, the provisions of natural rivers, 1994 PA 451, MCL  
324.30501 to 324.30515, and these rules shall apply.  
History: 1979 AC; 2013 AACS.  
R 281.53 Exempt use.  
Rule 3. (1) Land uses exempt from a zoning permit in a designated natural river district  
include the following:  
(a) Private, non-commercial recreation which does not involve a structure, equipment,  
or other device, and includes camping, boating, fishing, hunting, and other similar  
activities.  
(b) Reforestation and any other accepted forest management practice that does not  
involve a structure and is landward of the natural vegetation strip.  
(c) Agricultural activities, including general and specialized farming such as a  
Christmas tree farm, provided that any new activity occur landward of the natural  
vegetation strip and provided such use does not contribute to stream degradation.  
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Construction of a residential and farm-related structure and appurtenance is classified as a  
principal use and is subject to zoning permit requirements. Any new aquaculture facility  
or concentrated animal feeding operation, and expansion of any existing aquaculture  
facility or concentrated animal feeding operation, is not permitted within the natural river  
district without a land use variance as described in R 281.60. Resumption of a prior  
agricultural use previously located within the natural vegetation strip and discontinued,  
for example, rotation of crop fields, may resume if 1 of the following criteria is met:  
(i) The cessation of use was within 10 years of resumption of use.  
(ii) The cessation of use was due to implementation of a management plan written  
before the effective date of these rules.  
(iii) The cessation of use was the result of a written agreement with a governmental  
agency or agencies entered into before the effective date of these rules.  
(iv) The cessation of use was the result of a written agreement with a governmental  
agency or agencies entered into after the effective date of these rules or ordinances  
implementing this plan, where the term of cessation of use specified in the agreement is  
for 10 years or less.  
(v) The cessation of use was required or imposed by a governmental agency or agencies.  
(d) Cutting of low growing vegetation and placement of wood chips on uplands in the  
natural vegetation strip to create a single footpath of not more that 4 feet in width leading  
to a single point on the river’s edge. A boardwalk or other artificial walkway is not  
exempt and requires a zoning permit as specified in R 281.57.  
(e) A sign for identification, direction, resource information, exclusion of trespassers,  
regulation of use and those related to permitted uses, subject to the following provisions:  
(i) A sign for the sale of a product or service is prohibited, unless related to a permitted  
use, located on the site of the permitted use, not located in the natural vegetation strip,  
and not visible from the river.  
(ii) An illuminated sign is prohibited.  
(iii) "No trespassing" sign shall be not larger than 1 square foot in area and shall be  
spaced at least 100 feet apart. Other signs may be not larger than 2 square feet in area,  
except 1 real estate sign may be not larger than 4 square feet in area if located outside the  
natural vegetation strip.  
(f) Routine maintenance and repair of a legal use or structure within the existing  
foundation and structure, subject to R 281.57.  
(g) A satellite dish not more than 32 inches in diameter and located landward of the  
natural vegetation strip or attached to an existing single-family dwelling, short-term  
rental facility, or appurtenance.  
(h) Removal of any dead, diseased, or unsafe tree, noxious plant or shrub, within the  
natural vegetation strip.  
History: 1979 AC; 2013 AACS.  
R 281.54 Principal use; application procedure.  
Rule 4. (1) An application for a principal use shall be submitted and processed  
pursuant to all the following:  
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(a) An application for a principal use shall be completed by the applicant on a form  
provided by the department and submitted to the zoning administrator. A completed  
application shall contain all of the following:  
(i) A completed application form signed by the applicant or the applicant's  
representative.  
(ii) A site plan that meets the requirements of R 281.56.  
(iii) Evidence of ownership or a legal interest in the property affected by the application  
for a principal use, or authorization from the property owner to apply for a principal use.  
(b) Within 21 days of receipt of an application for a principal use, the zoning  
administrator shall notify the applicant of the need for additional information, if  
applicable.  
(c) Within 30 days of receipt of a completed zoning permit application, the zoning  
administrator shall determine if a permit shall be issued. Approved zoning permits shall  
be forwarded to the applicant with an approved site plan by the zoning administrator. If  
the zoning administrator determines a zoning permit shall not be issued, the reason shall  
be provided to the applicant in writing.  
(d) Before commencing construction of a principal use, an applicant shall display the  
approved zoning permit and site plan in a location easily visible from the nearest street or  
roadway until the authorized project is completed.  
(e) A zoning permit is valid for 2 years and is not transferable. All structures shall be  
completed within 2 years from the date of issuance of the zoning permit.  
History: 1979 AC; 2013 AACS.  
R 281.55 Special use; application procedure.  
Rule 5. (1) A special use includes the following:  
(a) A campground, with associated noncommercial structures, impervious pads, and  
utility hookups, with all of the following provisions:  
(i) Campground shall be constructed and maintained in accordance with all applicable  
state and local regulations.  
(ii) A commercial structure associated with the campground is prohibited in the natural  
river district.  
(iii) A structure shall be at least 200 feet from the high-water mark.  
(iv) Not more than 4 campsites per acre.  
(v) A 100-foot wide natural vegetation strip along the river shall be maintained.  
(vi) A campsite that accommodates a wheeled motorized vehicle shall be at least 200  
feet from the high-water mark.  
(vii) A walk-in campsite shall be landward of the 100-foot natural vegetation strip.  
(viii) A dock may be constructed at the rate of 1 dock not larger than 48 square feet for  
each 200 feet of river frontage, accessed by a single footpath not more than 4 feet wide.  
(ix) Wheeled motorized vehicle access to the river is prohibited.  
(x) Launch or retrieval of commercial watercraft at any campground by other than a  
registered camper is prohibited.  
(b) A permanent vehicle bridge on a tributary, subject to R 281.58.  
Page 6  
(2) An applicant shall submit an application for a special use permit on a form provided  
by the department and submit it to the zoning administrator. A completed application  
shall contain all of the following information and attachments:  
(a) A completed application signed by the applicant or the applicant's representative.  
(b) A site plan that meets the requirements of R 281.56.  
(c) Evidence of ownership or a legal interest in the property that is affected by the  
application for a special use or authorization from the property owner to apply for a special  
use permit.  
(d) A list of all property owners and their mailing addresses whose property is located  
within 300 feet of applicant's property being considered for a special use.  
(3) The application, together with required attachments, shall be submitted not less than 30  
days before the meeting of the zoning review board at which the application is to be  
considered.  
(4) The zoning review board shall conduct at least 1 public hearing and shall require all  
of the following notifications of the hearing to be made not less than 10 days before  
consideration of the special use application:  
(a) Notice of public hearing shall be published in a newspaper that circulates in the  
township in which the proposal is located.  
(b) Notice of public hearing shall be sent by first-class mail or personal delivery to  
owners of property for which approval is being considered and to all persons whose  
property is located within 300 feet of applicant's property.  
(c) Notice of public hearing shall also be sent to all of the following:  
(i) Local tax assessing official or officials.  
(ii) Township and county clerks.  
(iii) Local building inspector or inspectors.  
(iv) State, district, or county health department, if applicable.  
(5) The zoning review board shall require that an application for a special use comply  
with all of the following:  
(a) The purposes specified in R 281.52 are accomplished.  
(b) A compelling reason exists to locate the proposed use within the district boundaries  
if contiguous property under the same ownership is available outside the district.  
(c) The proposed use, in combination with any other existing use, will not be a  
detriment to the public health, safety, and welfare.  
(6) The zoning review board may impose conditions deemed necessary to accomplish  
the general and specific standards applicable to the proposed use.  
(7) The concurring vote of a majority of the eligible voting members of the zoning  
review board shall be required to approve a special use.  
(8) A special use permit granted by the zoning review board shall be valid for 2 years from  
date of approval. If construction has not, in the opinion of the zoning review board and  
department, commenced and proceeded meaningfully at the end of the 2-year period, the  
zoning administrator shall notify the applicant, in writing, of the expiration of the special use  
permit.  
(9) If the zoning review board and the department determine that the applicant has failed  
to comply with any of the requirements of these rules or the approved special use permit,  
the department may revoke the special use permit in accordance with the administrative  
procedures act, 1969 PA 306, MCL 24.201 to 24.328 .  
Page 7  
(10) An application for a special use permit denied by the zoning review board shall not  
be submitted for reconsideration unless, in the opinion of the zoning administrator, the  
application is significantly different in scope from the previously denied application or  
new and significant facts and conditions exist which might result in approval upon  
resubmission.  
(11) Concurrent with issuance of a special use permit, an applicant shall receive a copy  
of the approved site plan, with conditions, if any.  
(12) Before commencing construction of a special use, an applicant shall display the  
permit in a location easily visible from the nearest street or roadway until the purpose for  
which the permit was issued is completed.  
History: 1979 AC; 2013 AACS.  
R 281.56 Zoning permit; site plan; certificate of zoning compliance.  
Rule 6. (1) A building or other structure shall not be erected, moved, added to, or  
structurally altered, and a land use shall not be commenced, without a zoning permit  
issued by the zoning administrator. A permit shall not be required for an exempt  
structure, use, or activity as specified in R 281.53.  
(2) An application for a zoning permit shall include a site plan for the entire area proposed  
for development. The zoning administrator, in the case of a principal use or minor variance  
application, or the zoning review board, in the case of a special use or variance application,  
may require adjustments in the site plan as a condition for approval to ensure that the  
proposed development meets all standards contained in these rules. Except as otherwise  
waived by the zoning administrator, in the case of a principal use or minor variance  
application, or waived by the zoning review board, in the case of a special use or variance  
permit application, a site plan shall show and include all of the following, either existing or  
proposed:  
(a) A site plan drawn to scale, with the scale indicated.  
(b) Property dimensions, including river frontage.  
(c) Size, shape, use, and location of existing and proposed buildings or improvements,  
including distances to adjacent property boundaries and the river's edge.  
(d) Existing vegetation, including the location and type.  
(e) Adjacent streets and highways.  
(f) Parking areas.  
(g) Cross-section drawing showing height of buildings above water level and bluff  
heights.  
(h) Entrances to public streets.  
(i) Description of the building design, including proposed construction materials.  
(j) Drainage facilities.  
(k) Location and description of the method to dispose of sanitary waste.  
(l) Proposed landscaping.  
(m) Location of footpaths.  
(n) Signs proposed, including the size, location, and material.  
(o) North arrow.  
(p) Date of drawing.  
(q) Detailed site location map.  
Page 8  
(r) Any additional information required by the zoning administrator or zoning review  
board to carry out the administrator's or board's duties. Additional information may  
include all of the following:  
(i) Soil types.  
(ii) Topography.  
(iii) Building elevations.  
(iv) Site photographs.  
(v) Anticipated traffic volume.  
(vi) Traffic patterns.  
(3) A structure or lot for which a zoning permit has been issued shall not be occupied,  
and a use for which a zoning permit has been issued shall not commence, until the zoning  
administrator has issued a certificate of zoning compliance. The issuance of a certificate  
of zoning compliance shall not be construed as waiving any provision of these rules. A  
record of all certificates of zoning compliance issued shall be kept on file in the office of  
the zoning administrator. A certificate of zoning compliance shall not be interpreted as  
substitute for a certificate of occupancy required by local building code or local zoning  
permit.  
History: 1979 AC; 2013 AACS.  
R 281.57 Home occupation and home-based occupation; land alteration; lot;  
dwelling; building setback; impervious surface; drinking water supply well; height  
of structure; dock; river access stairway; boardwalk; natural vegetation strip;  
standards.  
Rule 7. (1) A home occupation or home-based occupation in a designated natural river  
area shall conform to all of the following:  
(a) The use of the dwelling unit or related structure for a home occupation or home-  
based occupation shall be clearly incidental and subordinate to its use as a single-family  
residential dwelling.  
(b) Equipment or a process shall not be used in a home occupation or home-based  
occupation if it creates excessive noise, vibration, fumes, odors, or electrical interference  
that is detectable to the normal senses off the premises.  
(2) Land alteration shall conform to all the following requirements:  
(a) Land alteration shall not occur within the natural vegetation strip, except placement  
of wood chips for a foot path as provided in R 281.53, on the face or crest of a bluff, in a  
wetland, in a floodplain, or below the ordinary high-water mark of the river unless  
associated with bank stabilization or fisheries habitat improvement activities.  
(b) Draining a wetland is prohibited.  
(c) A pond may be constructed if the pond meets the building setback established for the  
natural river district, spoils are placed in a non-wetland, non-floodplain area landward of  
the natural vegetation strip, and the pond is not connected to the river by any surface or  
subsurface drainage system. A pond shall not be constructed in a wetland or the 100-year  
floodplain.  
(d) Bank stabilization or fisheries habitat activities shall comply with all of the  
following:  
Page 9  
(i) Bioengineering practices shall be the preferred alternative for bank stabilization.  
Bioengineering practices used to stabilize stream banks utilize a combination of native  
plantings and natural or biodegradable materials to engineer shoreline protection that  
mimic and or enhance the natural landscape.  
(ii) Rock used for bank stabilization above the seasonal low-water level of the stream  
shall be rounded cobble (fieldstone).  
(iii) Quarried limestone or other natural angular stone shall not be exposed by seasonal  
low water level of the stream.  
(iv) An in-stream fisheries habitat structure, such as a lunker, an overhead cover  
platform or similar structure, shall be, upon completion, indistinguishable from the  
natural surrounding landscape.  
(v) A seawall, vertical bulkhead, gabion basket, concrete bag riprap, broken concrete,  
and other similar structures are prohibited.  
(vi) The proposed project shall fulfill an identifiable need for erosion protection, bank  
stabilization, or fisheries habitat improvement.  
(3) A proposed lot with a preliminary plat approval under the land division act, 1967 PA  
288, MCL 560.101 to 560.293, but does not meet the dimensional requirements specified  
for each natural river on the effective date of these rules shall, upon final plat approval,  
be issued a zoning permit subject to these rules.  
(4) A lot created before the effective date of these rules which does not possess  
sufficient land area or lot width may be used for the purposes described and subject to the  
requirements in these rules.  
(5) A zoning permit, special use permit, or variance will not be granted for any activity  
on a lot created after the effective date of these rules if the new lot does not meet the  
provisions of these rules. A new lot shall not be created if construction of a road/stream  
crossing is required to provide access to the only buildable area.  
(6) Only 1 single-family dwelling or short-term rental facility shall be permitted per lot  
unless 1 of the following applies:  
(a) The property owner submits a site plan for the lot showing theoretical property lines  
for individual lots that meet all natural river zoning standards, and locate any additional  
single-family dwelling or short-term rental facility and appurtenance as if the property  
were divided into those separate lots.  
(b) For each single-family dwelling or short-term rental facility placed in a cluster-type  
setting that does not meet the requirements in subdivision (a) of this subrule, a portion of  
the lot containing an area equal to a newly created separate legal lot as described in these  
rules will be made subject to a permanent conservation easement or deed restriction  
prohibiting construction of any structure within that portion of the lot. A conservation  
easement will be sold, donated, or otherwise conveyed, in writing in perpetuity, to a land  
conservancy, local unit of government, or the state. The agency acquiring the  
conservation easement shall agree, in writing in perpetuity, to refrain from development  
of the land.  
(7) If a proposed single-family dwelling or short-term rental facility is on a vacant, legal,  
nonconforming parcel that is between and adjacent to 2 parcels that contain a legal single-  
family dwelling or short-term rental facility that does not meet the minimum building setback  
standard, and the adjacent single-family dwelling or short-term rental facility are within 150  
feet of each other, a minor variance to the building setback standard may be granted that will  
Page 10  
result in the new single-family dwelling or short-term rental facility being located no closer to  
the river than the adjacent single-family dwelling or short-term rental facility that is farthest  
from the high-water mark or landward of the natural vegetation strip or 75 feet from the high-  
water mark, whichever is greater, and the single-family dwelling or short-term rental facility  
shall not be placed on lands subject to flooding or in any wetland area. This subrule does not  
apply to an appurtenance, accessory building, or other structure. Any development shall be in  
conformance with the bluff development standards established for each designated natural  
river in these rules.  
(8) A drinking water supply well for a single family dwelling or short-term rental  
facility shall not be located in the natural vegetation strip or closer to the river than the  
structure it serves. A drinking water supply well not meeting the requirements of this rule  
requires a minor variance subject to R 281.60.  
(9) The maximum percentage of impervious surface permitted on a lot is as follows:  
(a) For a lot with less than 10,000 square feet of area, not more than 35% of the land  
surface may be covered by an impervious surface.  
(b) For a lot with between 10,000 square feet and 40,000 square feet of area, not more  
than 25% of the land surface may be covered by an impervious surface.  
(c) For a lot with between 40,001 square feet and 80,000 square feet of area, not more  
than 20% of the land surface may be covered by an impervious surface.  
(d) For a lot greater than 80,000 square feet in area, not more than 10% of the land  
surface may be covered by an impervious surface.  
(10) A structure shall not be more than 35 feet in height measured from the original  
surface elevation.  
(11) A dock shall conform to all of the following:  
(a) A dock shall not be more than 48 square feet in area, with not more than 4 feet of the  
dock extending over the edge of the river.  
(b) A dock shall be designed, constructed, and maintained to blend with the natural  
surroundings. The use of natural, native materials is encouraged.  
(12) A stairway constructed to allow river access shall conform to all of the following  
standards:  
(a) A stairway is not permitted unless no other reasonable and safe access to the river  
exists.  
(b) A stairway shall be low-profile, not more than 4 feet wide, and constructed without  
stairs being recessed into the ground surface, except if site and soil conditions dictate that  
a recessed stairway is appropriate.  
(c) A landing shall not be constructed unless required by building code, in which case  
the landing shall be the minimum number and size required by building codes.  
(d) Not more than 1 handrail shall be associated with a stairway.  
(e) A stairway shall be constructed using natural materials.  
(f) A stairway shall be located and maintained to blend with the natural surroundings,  
and where removal of vegetation in the natural vegetation strip can be minimized.  
(13) A boardwalk associated with a footpath to the river’s edge shall conform to all of  
the following:  
(a) A boardwalk shall be placed only in an area that is generally too wet to be traversed  
without significant disturbance of the soils.  
(b) A boardwalk and all supports shall be constructed of natural materials.  
Page 11  
(c) A boardwalk shall not be more than 3 feet wide.  
(d) A boardwalk shall not include any railing.  
(e) The top of a boardwalk shall not be more than 12 inches above grade.  
(14) Within the natural river district, a natural vegetation strip shall be maintained that  
includes the river and all lands within the area abutting the river’s edge for each  
designated natural river as specified in these rules. Trees and shrubs may be pruned over  
not more than a 50-foot width for a filtered view of the river. The natural vegetation strip  
is also subject to all of the following:  
(a) Felling of a tree or removal of other vegetation in the natural vegetation strip is  
prohibited except for the following:  
(i) An unsafe tree, noxious plant, or shrub, such as poison ivy and poison sumac, may be  
removed without a zoning permit.  
(ii) Select tree removal or trimming for forest management practices or disease and  
insect control, and clearing of vegetation to the minimum width required for public utility  
primary electric distribution lines and service lines for permitted uses is permitted upon  
approval of the zoning administrator in consultation with local conservation district staff,  
if the activity is in keeping with the goals and objectives of the natural river plan.  
(b) Mowing is prohibited in the natural vegetation strip except in an area maintained in a  
mowed condition before the effective date of these rules or to establish a single footpath  
to the river not to exceed 4 feet wide.  
(c) Any island in any stream segment is subject to the natural vegetation strip standards  
as described in these rules.  
(d) Camping, except for tent camping, is not permitted in the natural vegetation strip.  
(e) A motorized vehicle shall not be operated off road in the natural vegetation strip.  
History: 1979 AC; 2013 AACS.  
R 281.58 Bridges.  
Rule 8. (1) A bridge for any designated natural river shall conform to all of the  
following:  
(a) An existing bridge that is destroyed by any means, whether on a tributary or  
mainstream segment, may be replaced. On a mainstream segment or a tributary, subject  
to mainstream development standards, a destroyed pedestrian bridge may not be replaced  
with a vehicle bridge. An application for replacement of a destroyed bridge shall be  
submitted within 12 months of destruction or the replacement bridge shall be considered  
a new bridge and shall be subject to the standards for a new bridge.  
(b) A replacement bridge on any mainstream segment or tributary subject to mainstream  
development standards shall span the bankfull channel, have a minimum clearance of 5  
feet between the ordinary high-water mark and the bottom of the bridge deck and/or deck  
supports other than abutments, and be a bottomless structure.  
(c) A permanent bridge replacing a bottomless bridge on any tributary not subject to  
mainstream development standards shall span the bankfull channel and be a bottomless  
structure, and in the case of any pedestrian bridge, constructed in order to exclude the use  
by any wheeled or tracked motorized vehicle or snowmobile.  
(d) A permanent bridge replacing a bridge without a natural bottom on a tributary not  
subject to mainstream development standards shall be recessed and span the bankfull  
Page 12  
channel, and, in the case of any pedestrian bridge, be constructed to exclude the use by  
any wheeled or tracked motorized vehicle or snowmobile.  
(e) A new bridge of any type is prohibited on any mainstream segment and on any  
tributary subject to mainstream development standards.  
(f) A new bridge is not permitted on any designated river segment on any parcel that is  
created after the effective date of these rules, other than on the original parent parcel.  
(g) A new pedestrian bridge may be permitted on a tributary not subject to mainstream  
development standards provided the lands connected by a new bridge are collectively  
owned by 1 person.  
(h) A new permanent bridge on a tributary not subject to mainstream development  
standards shall span the bankfull channel and be a bottomless structure and, in the case of  
a pedestrian bridge, be constructed to exclude the use by any wheeled or tracked  
motorized vehicle or snowmobile.  
(i) A new permanent vehicle bridge on a tributary not subject to mainstream  
development standards requires a special use permit as specified in R 281.55.  
(j) Only 1 bridge is permitted to access a portion of land that is otherwise inaccessible  
from the owner's contiguous property.  
(k) A temporary vehicle bridge on a tributary not subject to mainstream development  
standards for the purpose of access for timber harvest may be permitted provided it is  
constructed in a manner that minimizes impacts to the stream and aquatic organisms and  
shall be removed immediately after timber harvesting activities. All disturbed areas in the  
natural vegetation strip shall be revegetated with native vegetation, any fill placed shall be  
removed, and the land shall be returned to its original grade as soon as possible after removal  
of the bridge.  
History: 1979 AC; 2013 AACS.  
R 281.59 Nonconforming lot, use, structure.  
Rule 9. (1) It is recognized that there exists, within the natural river district, lots,  
structures, and uses of land and structures which were lawful before these rules were  
promulgated or amended and which would be prohibited, regulated, or restricted pursuant  
to these rules. It is the intent of these rules to permit legal nonconforming uses, structures,  
or lots to continue until they are brought into conformity and, in certain instances, to  
permit the limited expansion of certain legal nonconforming uses and structures.  
(2) If the combination of 2 or more contiguous nonconforming vacant lots owned by the  
same person results in an increase in conformance with the dimensional requirements of  
these rules, the lots shall be combined for use unless the lots are within a plat established  
before the effective date of these rules wherein more than 75% of the platted lots contain  
a single-family dwelling.  
(3) The zoning administrator shall approve an application for a zoning permit for a  
principal use on a legal nonconforming lot of record subject to both of the following:  
(a) The principal use complies with these rules, except the minimum lot width and area  
requirements.  
(b) If the non-conforming lot is vacant, the applicant or owner of the subject lot does not  
own other contiguous vacant properties which if combined with the nonconforming lot  
would result in increasing the conformity of the lot.  
Page 13  
(4) An application for a zoning permit for a principal use on a legal nonconforming lot  
of record that is not in compliance with R 281.59 (3) shall be treated as a variance  
pursuant to R 281.60.  
(5) If on the effective date of these rules a lawful use of land exists that is made  
unlawful under these rules, the use may be continued if it remains otherwise lawful,  
subject to all of the following:  
(a) The nonconforming use shall not be enlarged, increased, or extended without a land  
use variance under R 281.60.  
(b) The nonconforming use and the structures associated with the nonconforming use  
shall not be moved, in whole or in part, to any other portion of the lot or parcel that is  
occupied by such use on the effective date of these rules unless the move would result in  
a greater degree of conformity with these rules.  
(c) If the nonconforming use of land ceases for any reason for a period of 12 months,  
any subsequent use of the land shall conform to the requirements specified by these rules.  
(6) If a lawful structure exists on the effective date of these rules that is made unlawful  
under these rules, the structure may remain if otherwise lawful, subject to all of the  
following:  
(a) The structure may not be altered in a way that increases its nonconformity, such as  
expanding toward the ordinary high-water mark or increasing the height above the maximum  
height standard. The ground floor area of any legal nonconforming single-family dwelling or  
short-term rental facility may be expanded by up to 50%, or up to 75% if a variance for not  
more than a 25% reduction in the building setback standard is granted, of the existing ground  
floor area cumulative from the date of nonconformance, or to the minimum extent necessary  
to comply with local standards for minimum legal floor area for dwellings, whichever is  
greater, if the expansion does not increase the nonconformity of the dwelling. Any alteration  
of a legal nonconforming dwelling must, to the extent possible, be in compliance with all  
setback and other building requirements. Any expansion of a lawful, nonconforming  
dwelling, including construction of additional stories, shall be treated as a variance under R  
281.60. Construction of a new legal nonconforming accessory building or expansion of the  
ground floor area of an existing legal nonconforming accessory building is considered to be  
an expansion of the ground floor area of an associated legal nonconforming single-family  
dwelling or short-term rental facility.  
(b) Expansion of a legal nonconforming single-family dwelling or short-term rental  
facility may be permitted by the zoning administrator as a minor variance if any of the  
following apply:  
(i) Part or all of the expansion is located within the natural vegetation strip, expansion of  
the dwelling is landward of the existing structure, the expansion is not more than a 50%  
increase in ground floor area cumulative from the date of nonconformance, the height of  
the expansion is not greater than the height of the original dwelling and the expansion is  
not located in a wetland or the 100-year floodplain.  
(ii) All of the expansion is located landward of the natural vegetation strip, expansion of  
the dwelling is not closer to the river than the closest point of the existing dwelling’s  
foundation, the expansion is not more than a 50% increase in ground floor area (or 75% if  
the variance is not more than a 25% reduction in the building setback standard)  
cumulative from the date of nonconformance, the height of the expansion is not greater  
Page 14  
than the height of the original dwelling and the expansion is not located in a wetland or  
the 100-year floodplain.  
(iii) All of the expansion is in compliance with the minimum building setback standard,  
the expansion is not more than a 100% increase in the enclosed ground floor area of the  
dwelling cumulative from the date of nonconformance and the expansion is not located in  
a wetland or the 100-year floodplain.  
(c) Any legal nonconforming structure, other than a dam, destroyed by any means  
except willful destruction by the property owner or his or her agent, to an extent that is  
more than 50% of its current appraised value, restoration of the structure shall be treated  
as a variance. The zoning review board or zoning administrator shall appoint a qualified  
individual to determine whether the structure has been destroyed to an extent that is more  
than 50% of its current appraised value. Restoration of the structure may be permitted by  
the zoning administrator, as a minor variance if all of the following conditions exist:  
(i) The structure is not located within a floodplain or wetland.  
(ii) The presence of the nonconforming structure will not lead to accelerated bank  
erosion or other material degradation of the river.  
(iii) The restored structure has the identical exterior dimensions, configuration, and  
maximum height of the destroyed structure.  
(iv) Application for permit to restore a damaged structure is made within 12 months of  
the date of damage. An extension may be granted if the property is held in probate, an  
insurance settlement related to the damage is in dispute, or a criminal investigation  
related to the damage is in progress.  
(v) A structure restored under the provisions of this rule shall be considered a non-  
conforming structure.  
(vi) If any of the provisions of this rule cannot be met, restoration of a destroyed  
nonconforming structure shall require a variance as provided in R 281.60.  
(d) If a legal nonconforming structure has deteriorated or is willfully destroyed by the  
property owner or owner’s agent to an extent that restoration costs are more than 50% of  
its current appraised value, the property owner shall meet all development standards in  
these rules to the greatest extent possible when constructing any replacement structure  
and shall require a variance as provided in R 281.60. The zoning review board or zoning  
administrator shall appoint a qualified individual to determine whether the structure has  
been destroyed to an extent that is more than 50% of its current appraised value.  
(e) If a variance is granted for a new single-family dwelling or short-term rental facility  
to replace a single-family dwelling or short-term rental facility that has been destroyed to  
an extent that is more than 50% of its current appraised value, a variance to construct a  
larger replacement structure shall be considered to be the same as a variance to expand  
the original structure for the purposes of determining maximum expansion of the original  
nonconforming structure.  
(f) A variance shall not be granted for a new nonconforming structure to replace a  
destroyed nonconforming structure that would result in the new structure being more  
nonconforming than the destroyed structure, such as moving the structure closer to the  
ordinary high-water mark or increasing the height above the maximum height standard.  
(g) The nonconforming structure shall not be moved, in whole or in part, to any other  
portion of the lot or parcel that is occupied by the structure on the effective date of these  
rules or amendment of these rules, unless the move would result in a greater degree of  
Page 15  
conformity with these rules. Moving a legal nonconforming structure requires a zoning  
permit and may require a variance.  
(h) Reconstruction of a dam that is breached or destroyed by more then 50% of its  
replacement costs requires a land use variance. If a variance is approved, reconstruction  
of the dam shall be subject to all of the following provisions:  
(i) Reconstruction of a dam shall comply with applicable regulations and standards in  
effect at the time of application for replacement.  
(ii) Application for reconstruction of a dam shall be received within 1 year of  
destruction.  
(iii) A reconstructed dam shall be built at the same location as the original dam and with  
a height not greater than the original dam height.  
(iv) A bottom discharge and fish passage facility shall be provided for a reconstructed  
dam where appropriate.  
History: 1979 AC; 2013 AACS.  
R 281.60 Variance and variance hearings.  
Rule 10. (1) A dimensional variance from any standard established in these rules may be  
granted by the zoning review board after a public hearing or, by the zoning administrator  
as provided in these rules, to allow a modification from a standard that establishes an  
area, yard, height, floor space, frontage, setback, or similar numerical restriction, but only  
after evidence establishes that a practical difficulty exists in complying with these rules.  
A variance shall be granted only when it is consistent with the general purposes and  
intent of these rules. Work authorized by the variance shall not commence until a permit  
is issued by the zoning administrator.  
(2) The zoning review board or zoning administrator shall consider the following factors  
to determine if a practical difficulty exists in order to comply with these rules as specified  
in subrule (1) of this rule:  
(a) A condition exists on the property that prevents the development standards from  
being met.  
(b) The practical difficulty cannot be overcome by some reasonable method other than a  
variance.  
(c) If the practical difficulty cannot be overcome by some reasonable method other than  
a variance, the variance shall meet the standards to the greatest extent possible.  
(d) The variance will not cause a substantial change in the character of the area.  
(e) In view of the manner in which the practical difficulty arose, the interests of justice  
will be served by allowing the variance.  
(f) The practical difficulty is due to circumstances which are unique to the subject  
property and not self created.  
(g) The variance shall not result in an adverse effect on the environment.  
(3) The public hearing and review of a variance request by the zoning review board may  
be waived for a minor dimensional variance for a principal use. Such a variance  
application shall be processed by the zoning administrator, who shall consider the factors  
of subrule (2) of this rule in making a determination. The zoning administrator shall  
prepare a written finding of fact that details the reasons for approval or denial of the  
minor variance request. A minor variance is defined as a reduction in setback for a  
Page 16  
principal use on any lawful lot that is not more than 25% of the normal dimensional  
requirements, a certain variance to expand a legal nonconforming dwelling or restore a  
destroyed legal nonconforming structure as described in R 281.59 and a setback variance  
for a single-family dwelling and short-term rental facility, as described in R 281.57.  
(4) A land use variance is a land or building use in contravention of any of the use  
requirements of these rules. The zoning review board may, after a public hearing, grant a  
land use variance upon a finding of unnecessary hardship, which may be found upon  
evidence being submitted that all of the following factors exist:  
(a) The property cannot be used as zoned.  
(b) The unnecessary hardship results from the application of these rules to the subject  
property.  
(c) The unnecessary hardship is suffered by the subject property only and not shared by  
other property owners.  
(d) The unnecessary hardship is not self created.  
(5) Upon determining that an unnecessary hardship for a land use variance exists, the  
zoning review board shall determine that the proposed use meets all of the following:  
(a) The proposed use shall be in accordance with the natural river plan.  
(b) The proposed use will be designed, constructed, operated, and maintained consistent  
with the existing or intended character of the natural river district and the proposed use  
will not change the character of the natural river district.  
(c) The proposed use will not involve activities, processes, materials, equipment, and  
conditions of operation that may be detrimental to any person, property, or the  
environmental quality of the natural river district, such as excessive noise, smoke, fumes,  
glare, odors, or outdoor storage of materials.  
(d) The proposed use will be consistent with the intent and purpose of these rules.  
(e) The proposed use or a structure to be used will not cause an overcrowding of the  
land or an undue concentration of population that may result in degradation to the natural  
river district.  
(f) The proposed use lot area is sufficient, appropriate, and adequate for the proposed  
use and the reasonable anticipated operation and expansion thereof.  
(6) The economic return factor shall be considered only if the applicant has been deprived  
of all beneficial use of subject property under existing zoning. In determining whether  
reasonable use may be made of the property as zoned, a reasonable economic return may  
be considered, but only if the applicant is in compliance with the provisions of subrules (1)  
to (5) of this rule.  
(7) Upon receipt of a variance application, the zoning review board shall conduct a  
public hearing on the variance application, except in the case of a minor variance  
application. The application, public hearing, and notice procedure shall follow the  
procedures in R 281.55. The zoning review board shall record all its proceedings, which  
shall include minutes of meetings, findings, and actions taken, including the final order.  
Reasons for the decision shall be in writing. The zoning review board shall record the  
vote of each member on each question. The zoning review board shall record if a member  
is absent or fails to vote. All records shall be open for public inspection. The concurring  
vote of at least a majority of the eligible voting members of the zoning review board is  
required to grant a dimensional variance. The concurring vote of at least a two-thirds  
majority of the eligible voting members of the zoning review board is required to grant a  
Page 17  
land use. If the required concurring vote for approval of a variance is not achieved, the  
variance is denied.  
(8) A variance shall create a nonconforming land use, lot, or structure that is subject to  
R 281.59.  
(9) The zoning review board or the zoning administrator may impose permit conditions,  
in writing, before granting a variance. The zoning permit issued for the variance is not  
valid until the applicant accepts the conditions in writing.  
(10) An application for a variance denied by the zoning review board or zoning  
administrator shall not be resubmitted for consideration unless significantly different in  
scope or new and significant facts and conditions exist from the previously denied  
application.  
History: 1979 AC; 2013 AACS.  
Editor's Note: An obvious error in R 281.60 was corrected at the request of the promulgating agency,  
pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing  
the error was published in Michigan Register, 2013 MR 18. The memorandum requesting the correction  
was published in Michigan Register, 2013 MR 19.  
R 281.61 Zoning administrator; zoning review board; appointment; duties.  
Rule 11. (1) The zoning administrator shall do all of the following:  
(a) Provide necessary forms and applications and receive and process forms and  
applications.  
(b) Issue a certificate of zoning compliance.  
(c) Conduct site inspection to ensure compliance with these rules.  
(d) Pursue resolution of a violation of these rules.  
(e) Issue any authorized permit and certificate of zoning compliance.  
(f) Identify and record information relative to any nonconformity.  
(g) Maintain files of applications, permits, and other relevant documents.  
(h) Schedule meetings and hearings for, and provide assistance to, the zoning review  
board.  
(i) Act upon a minor variance as permitted by R 281.60.  
(j) Act upon a request for expansion or reconstruction of a non-conforming structure as  
permitted by R 281.59.  
(2) In establishing the zoning review board, the department shall cooperate with and  
seek the advice of all of the following affected entities:  
(a) Townships and counties.  
(b) Conservation districts.  
(c) Property owners' associations.  
(d) Other interested local organizations and citizens.  
(3) The department shall request that each affected township appoint to the zoning  
review board 1 member and 1 alternate member to represent township interests on  
matters within its jurisdiction.  
(4) The department shall request that each affected county appoint to the zoning review  
board 2 members, 1 of which shall be a county official who works in planning, zoning,  
Page 18  
public health, soil erosion and sedimentation control, or a related field, and 2 alternate  
members, to represent its interests on matters within its jurisdiction.  
(5) The department shall request that each affected conservation district appoint to the  
zoning review board 1 member and 1 alternate member to represent its interests on  
matters within its jurisdiction.  
(6) County, township, and conservation district representatives appointed to the zoning  
review board shall vote only on those matters within their respective jurisdictions. If affected  
townships, counties, or conservation districts do not appoint a member to the zoning review  
board within 60 days from the written request by the department, the department may appoint  
a member.  
(7) The department shall appoint 1 department representative and 1 alternate who shall  
vote on all matters before the zoning review board.  
(8) The department shall appoint 2 citizen representatives and 1 alternate who shall vote  
on all matters before the zoning review board.  
(9) A member appointed as an alternate may be called to sit as a regular member in the  
absence of a regular member. An alternate member may also be called to serve in place  
of a regular member for the purpose of reaching a decision on a case in which the regular  
member has abstained for reason of conflict of interest. An alternate member shall serve  
in the case until a final decision has been made. An alternate member shall have the same  
voting rights as a regular member of the zoning review board.  
(10) The zoning review board shall hold at least 1 meeting annually for such purposes as  
adopting or amending rules of procedure, establishing officers, educational purposes, or  
to conduct any manner of business as provided for by these rules.  
(11) The zoning review board shall do all of the following:  
(a) Adopt rules of procedure that govern the transaction of its business.  
(b) Act upon requests for special use permits.  
(c) Act upon certain dimensional and land use variances pursuant to R 281.60.  
(d) Act upon requests for expansion or reconstruction of non-conforming structures as  
permitted by R 281.59.  
(e) Interpret the official zoning map pursuant to R 281.63.  
History: 1979 AC; 2013 AACS.  
R 281.62 Boundaries and permitted use; precedence of local zoning ordinance over  
rules; local government reporting.  
Rule 12. (1) The department may make amendments and supplements to boundaries and  
to permitted uses requested by a local unit of government or by a landowner following an  
administrative hearing held pursuant to the administrative procedures act, 1969 PA 306,  
MCL 24.271 to 24.287, if implementation of the amendment, or supplement does not  
contravene the purposes of these rules pursuant to R 281.52.  
(2) A copy of any amendment or supplement to boundary shall be sent to all of the  
following affected entities:  
(a) County register of deeds.  
(b) Township and county clerks.  
(c) Local building code department.  
(d) Local soil erosion and sedimentation control enforcement agency.  
Page 19  
(e) Conservation district.  
(f) County drain commissioner.  
(g) Zoning review board members.  
(3) A local zoning ordinance that meets all of the requirements of natural rivers, part  
305, 1994 PA 451, MCL 324.30501 to 324. 30515 and the Michigan zoning enabling act,  
2006 PA 110, MCL 125.3101 to 125.3702, may take precedence over these rules. If a  
local zoning ordinance does not meet all of the requirements of natural rivers, part 305,  
1994 PA 451, MCL 324.30501 to 324.30515 or if the local ordinance becomes  
inapplicable to the land area encompassed by the natural river district through court  
action or for any other reason, these rules apply. Upon request, the department shall  
assist a local unit of government in developing an ordinance that meets the requirements  
of natural rivers part 305, 1994 PA 451, MCL 324.30501 to 324.30515. The department  
shall determine if a local ordinance meets all of the requirements of natural rivers, part  
305, 1994 PA 451, MCL 324.30501 to 324.30515 and shall notify the local unit of  
government of that determination in writing. If the department withdraws approval of a  
local zoning ordinance, these rules shall apply.  
(4) A local unit of government administering a local zoning ordinance approved by the  
department shall comply with the following:  
(a) A copy of all special use and variance applications received by the local unit of  
government shall be provided to the state natural rivers zoning administrator not less than  
15 days before the application will be considered by the zoning board of appeals or  
planning commission. A copy of the local zoning administrator’s decision for a minor  
variance application, with permit and approved site plan, if applicable, shall be sent to the  
state natural rivers zoning administrator.  
(b) Each local unit of government shall provide an annual report, in writing, to the state  
natural rivers zoning administrator by March 1 of each year for the preceding year natural  
rivers zoning activity. The annual report shall include, at minimum, all of the following  
information:  
(i) Total number of natural river district land use/zoning permit applications submitted  
to the local unit of government during the calendar year.  
(ii) Total number of natural river district variance applications received during the  
calendar year.  
(iii) Total number of natural river district special use applications received during the  
calendar year.  
(iv) Summary of all decisions made by the zoning board of appeals or planning  
commission on applications for projects in the natural rivers district during the calendar  
year.  
(v) Summary of all outstanding violations of natural rivers standards and the actions  
taken by the local unit of government to gain compliance at the site during the calendar  
year.  
(5) If the local zoning ordinance no longer meets the requirements of natural rivers part  
305, 1994 PA 451, MCL 324.30501 to 324.301515 or the department determines the  
local unit of government has failed to administer the natural river ordinance or has failed  
to meet the requirements of subrule (4), then these rules apply and the department shall  
notify the local unit of government of that determination in writing.  
History: 2013 AACS.  
Page 20  
R 281.63 Interpretation of boundaries; filing of zoning map.  
Rule 13. (1) If uncertainty exists with respect to the boundaries of the district as shown  
on the zoning map and as described in these rules, the zoning administrator shall interpret  
the district boundaries.  
(2) If a district boundary of a designated stream begins or ends at a culvert, bridge, dam  
or other structure, the district boundary shall include the structure and any right-of-way  
associated with the structure.  
(3) The department shall record a certified copy of the natural river zoning map with all  
of the following affected entities:  
(a) State tax commission.  
(b) Local tax assessing officer.  
(c) Township and county clerks.  
(d) County drain commissioner.  
(e) Local building code department.  
History: 2013 AACS.  
R 281.64 Compliance; violation; remedy.  
Rule 14. (1) A structure or land shall not be used or occupied, and a structure or part thereof  
shall not be erected, constructed, reconstructed, moved, or altered, unless the structure or land  
is in compliance with these rules. The department shall not waive any right or remedy  
against any person who violates these rules if the violation was committed in reliance on an  
authorization erroneously given in violation of any provision of these rules. Any authorized  
permit, variance, or action that is contrary to these rules is invalid from the date of the  
authorization.  
(2) A permit or variance shall not be issued by the department for any structure or use  
on a parcel of land upon which an unresolved violation of any of these rules exist.  
(3) In addition to any other remedy, the department may initiate appropriate action or  
proceeding to prevent, correct, or abate any rule violation or any threatened violation.  
History: 2013 AACS.  
R 281.65 Appeal.  
Rule 15. An aggrieved party may appeal the decision of the zoning administrator or  
zoning review board and shall be granted an administrative hearing if a petition is filed  
with the department within 60 days after notice of decision. The administrative hearing  
shall be conducted pursuant to the administrative procedures act, 1969 PA 306, MCL  
24.271 to 24.287.  
History: 2013 AACS.  
R 281.66 Severability.  
Page 21  
Rule 16. If the provisions of these rules are declared by a court to be unconstitutional or  
invalid, such ruling shall not affect the validity of the remaining provisions of these rules  
and the provisions of these rules shall be severable.  
History: 2013 AACS.  
R 281.70 Jordan river system boundaries, effective date.  
Rule 20. (1) The boundaries of the Jordan river natural river district shall be as  
described in these rules and as depicted on the certified Jordan river natural river zoning  
map with an effective date of September 25, 1974. The Jordan river natural river zoning  
district comprises an area which is described as follows:  
(a) The mainstream of the Jordan river from the west line of section 22, T31N, R5W to  
Roger's bridge in section 35, T32N, R7W.  
(b) Bennett creek from the outfall of Mud lake in section 15, T31N, R7W to its  
confluence with the Jordan river.  
(c) Todd creek from Carson road from the west line of section 31, T32N, R6W to its  
confluence with the Jordan river.  
(d) Bartholemew creek from its source in section 14, T31N, R7W to its confluence with  
the Jordan river.  
(e) Severance creek from its source in section 5, T31N, R6W to its confluence with the  
Jordan river.  
(f) Webster creek from its source in section 8, T31N, R6W to its confluence with the  
Jordan river.  
(g) Lilak creek from its source in section 13, T31N, R7W to its confluence with the  
Jordan river.  
(h) Martin creek from its source in section 19, T31N, R6W to its confluence with the  
Jordan river.  
(i) Balster-Mill creek from its source in section 15, T31N, R6W to its confluence with  
the Jordan river.  
(j) Unnamed stream from its source in section 21, T31N, R6W to its confluence with  
Balster-Mill creek.  
(k) Sutton creek from the Old state road crossing in section 22, T31N, R6W to its  
confluence with the Jordan river.  
(l) Cokirs creek from its source in section 24, T31N, R7W to its confluence with the  
Jordan river.  
(m) Scotts creek from its sources in section 28, T31N, R6W to its confluence with the  
Jordan river.  
(n) Tutstone creek from its source in section 33, T31N, R6W to its confluence with the  
Jordan river.  
(o) Unnamed stream from its source in section 33, T31N, R6W to its confluence with  
the Jordan river.  
(p) Green river from its source in section 27, T30N, R6W to its confluence with the  
Jordan river.  
(q) Stevens creek from its source in section 16, T30N, R6W to its confluence with the  
Jordan river.  
(r) Unnamed stream from its source in section 35, T31N, R6W to its confluence with the  
Page 22  
Jordan river.  
(s) Landslide creek from its source in section 14, T30N, R6W to its confluence with the  
Jordan river.  
(t) Cascade creek from Alba road in section 22 T30N, R6W to its confluence with  
Landslide creek.  
(u) Section 13 creek from its source in section 13, T30N, R6W to its confluence with the  
Jordan river.  
(v) Six tile creek from its source in section 6, T30N, R5W to its confluence with the  
Jordan river.  
(w) All lakes, ponds, impoundments or other surface water bodies not traditionally  
considered rivers, streams or creeks if they are a contiguous part of the stream segments  
listed in subdivisions (a) to (v) of this subrule.  
(x) The lands lying within 400 feet of the river's edge as described in subdivisions (a) to  
(w) of this subrule.  
History: 2013 AACS.  
R 281.71 Jordan River system principal use; natural vegetation strip.  
Rule 21. (1) A principal use is allowed by right, but requires the issuance of a zoning  
permit by the zoning administrator. A principal use includes all of the following:  
(a) A single-family dwelling or short-term rental facility, including accessory buildings  
and appurtenances, with the following provisions:  
(i) The minimum building setback shall be not less than 200 feet from the ordinary high-  
water mark on the mainstream and not less than 100 feet on all designated tributaries,  
except as described in R 281.57.  
(ii) Building shall not take place on land that is subject to flooding or in any wetland  
area.  
(iii) The natural contour of the face and crest of a bluff shall not be altered.  
(iv) The land between the crest of a bluff and the minimum building setback line shall  
not be altered except for minor landscaping activities.  
(b) Accessory buildings and appurtenances that meet the setback and other development  
requirements of subdivision (a) of this subrule.  
(c) One private boat dock per parcel, unless otherwise provided for in these rules,  
subject to R 281.57.  
(d) One private river access stairway per parcel, subject to R 281.57.  
(e) Utility lines to service a single-family dwelling or short-term rental facility.  
(f) A disposal field, septic tank, and outhouse, with all the following provisions:  
(i) A septic tank and disposal field meet local health department standards.  
(ii) A disposal field shall not be located less than 200 feet from the ordinary high-water  
mark on the mainstream and 100 feet from the ordinary high-water mark on all  
designated tributaries and not less than 100 feet from any surface or subsurface drain that  
discharges into the Jordan river or its designated tributaries, and not located within the  
100-year floodplain, a wetland area, or the natural vegetation strip.  
(iii) A septic tank shall not be closer to the river than the dwelling it serves and not  
located within a wetland area.  
Page 23  
(iv) An outhouse constructed using a watertight waste containment system that allows  
waste to be pumped and hauled to an appropriate disposal site, shall not be located less  
than 100 feet from the ordinary high-water mark and any surface or subsurface drain that  
discharges into the Jordan river or its designated tributaries, and not located within the  
100-year floodplain, a wetland area, or the natural vegetation strip.  
(v) Drywells and earth privies are prohibited unless authorized by the local health  
department, are a minimum of 100 feet from the ordinary high-water mark, and the  
bottom of the pit or seepage bed is at least 4 feet above the seasonal high groundwater  
table.  
(vi) An alternative on-site treatment system that results in a higher level of treatment  
than a conventional system may be located not less than 50 feet from the river’s edge on  
designated tributaries, provided no part of the system is in a wetland or the 100-year  
floodplain.  
(vii) Disposal of sludge from any wastewater treatment system is prohibited in the  
natural river district.  
(g) Mining and extracting industries, if all land disturbances, structures, and other  
activities related to the industry are located more than 300 feet from the ordinary high-  
water mark.  
(h) A land division, if any lot created after September 25, 1974, with the following  
provisions:  
(i) Is accessible by a public road or legal easement on at least 1 side of the stream.  
(ii) Has at least 150 feet of river frontage, unless a riverfront “common area” subject to  
a conservation easement is established, or a parcel does not have river frontage, in which  
case this dimension shall be measured at the point of the parcel closest to the river and is  
at least 150 feet wide at the minimum building setback line.  
(iii) Contains at least 50,000 square feet of area within the natural river district. Any  
“common area” created or any bottomlands shall not be used in any calculations related  
to minimum parcel area. If a parcel does not have river frontage and the front line of the  
parcel is greater than 150 feet from the river’s edge at all points, this subdivision does not  
apply, and the minimum parcel width will be measured at the front lot line.  
(iv) Has sufficient depth and upland area to accommodate the required building setbacks  
pursuant to this rule.  
(v) A lot that exists on September 25, 1974, shall not be subdivided or reduced in  
dimension or area below the minimum requirements of this rule. Any lot created after  
September 25, 1974, shall meet the minimum requirements of this rule, except as  
provided in R 281.56.  
(i) Home occupations and home-based occupations, subject to the provisions of R  
281.57.  
(j) Land alteration, subject to R 281.57.  
(k) Bridges, subject to Rule 281.58.  
(l) Forest management activities within the natural vegetation strip, subject to R 281.57.  
(m) A boardwalk that meets the minimum building setback requirements in this  
subdivision and a boardwalk associated with a footpath to the river’s edge, subject to R  
281.57.  
(n) Bank stabilization and fisheries habitat improvement activities, subject to R 281.57.  
Page 24  
(2) Within the Jordan river natural river district, a natural vegetation strip that includes  
the river and all lands within 100 feet of the ordinary high-water mark shall be  
maintained on each side of the Jordan river mainstream. A restrictive cutting belt that  
includes the river and all lands within 25 feet of the ordinary high-water mark shall be  
maintained on each side of all designated tributaries. Cutting in the natural vegetation  
strip is subject to R 281.57.  
History: 2013 AACS.  
R 281.80 Betsie river system boundaries.  
Rule 30. The boundaries of the Betsie river natural river district shall be as described in  
these rules and as depicted on the certified Betsie river natural river zoning map with an  
effective date of June 11, 1977. The Betsie river natural river zoning district comprises  
an area described as follows:  
(a) The Betsie river from Grass lake dam in section 2, T25N, R13W to its mouth at  
Betsie lake in section 35, T26N, R16W.  
(b) The Little Betsie river from its source in section 24, T25N, R13W, in Benzie county  
to its confluence with the Betsie river.  
(c) Dair creek from its source in section 15, T25N, R14W, in Benzie county to its  
confluence with the Betsie river.  
(d) All lakes, ponds, impoundments, or other surface water bodies not traditionally  
considered rivers, streams, or creeks if they are a contiguous part of the stream segments  
listed in subdivisions (a) to (c) of this rule.  
(e) The lands lying within 400 feet of the river's edge described in subdivisions (a) to (d)  
of this rule.  
History: 2013 AACS.  
R 281.81 Betsie river system principal uses; natural vegetation strip.  
Rule 51. (1) A principal use is allowed by right, but requires the issuance of a zoning  
permit by the zoning administrator. A principal use includes all of the following:  
(a) A single-family dwelling or short-term rental facility with the following provisions:  
(i) The minimum building setback shall be not less than 200 feet from the ordinary high-  
water mark on the mainstream and 100 feet on the Little Betsie river and Dair creek,  
except as described in R 281.57.  
(ii) On the mainstream, the setback may be decreased 5 feet for every 1 foot of rise in  
bank height above 5 feet above the ordinary high-water mark, to a minimum of 150 feet  
from the ordinary high-water mark.  
(iii) A dwelling shall be set back not less than 25 feet from the top of a bluff on the  
noncutting edge of a stream and not less than 50 feet from the top of a bluff on the cutting  
edge of a stream.  
(iv) Building shall not take place on land that is subject to flooding or in any wetland  
area.  
(v) The natural contour of the face and crest of the bluff shall not be altered.  
Page 25  
(vi) The land between the crest of the bluff and the minimum building setback line shall  
not be altered except for minor landscaping activities.  
(b) Accessory buildings and appurtenances that meet the setback and other development  
requirements of subdivision (a) of this subrule.  
(c) One private boat dock per parcel, unless otherwise provided for in these rules,  
subject to R 281.57.  
(d) One private river access stairway per parcel, subject to the provisions of R 281.57.  
(e) Utility lines to service a single-family dwelling or short-term rental facility.  
(f) A disposal field, septic tank, and outhouse, with all of the following provisions:  
(i) A septic tank and disposal field meet local health department standards.  
(ii) A disposal field located not less than 150 feet from the ordinary high-water mark  
and not less than 100 feet from any surface or subsurface drain that discharges into the  
Betsie river or its designated tributaries, and not located within the 100-year floodplain, a  
wetland area, or the natural vegetation strip.  
(iii) A septic tank shall not be closer to the river than the dwelling it serves and not  
located within a wetland area.  
(iv) An outhouse constructed using a watertight waste containment system that allows  
waste to be pumped and hauled to an appropriate disposal site, shall be located not less  
than 100 feet from the ordinary high-water mark and any surface or subsurface drain that  
discharges into the Betsie river or its designated tributaries, and not located within the  
100-year floodplain, a wetland area, or the natural vegetation strip.  
(v) Drywells and earth privies are not permitted unless authorized by the local health  
department, are a minimum of 100 feet from the ordinary high-water mark, and the  
bottom of the pit or seepage bed is at least 4 feet above the seasonal high groundwater  
table.  
(vi) An alternative on-site treatment system that results in a higher level of treatment  
than a conventional system may be located not less than 50 feet from the river’s edge on  
designated tributaries provided no part of the system is in a wetland or the 100-year  
floodplain.  
(vii) Disposal of sludge from any wastewater treatment system is prohibited in the  
natural river district.  
(g) Mining and extracting industries, if all land disturbances, structures, and other  
activities related to the industry are located more than 300 feet from the ordinary high-  
water mark.  
(h) A land division, if any lot created after June 11, 1977, with all the following  
provisions:  
(i) Is accessible by a public road or legal easement t on at least 1 side of the stream.  
(ii) Has at least 200 feet of river frontage, unless a riverfront “common area” subject to  
a conservation easement is established, or a parcel does not have river frontage, in which  
case this dimension shall be measured at the point of the parcel closest to the river, and is  
at least 200 feet wide at the minimum building setback line.  
(iii) Contains at least 50,000 square feet of area within the natural river district. Any  
“common area” created or any bottomlands shall not be used in any calculations related  
to minimum parcel area. If a parcel does not have river frontage and the front line of the  
parcel is greater than 150 feet from the river’s edge at all points, this subdivision does not  
apply, and the minimum parcel width will be measured at the front lot line.  
Page 26  
(iv) Has sufficient depth and upland area to accommodate the required building setbacks  
under this rule.  
(v) A lot that exists on June 11, 1977, shall not be subdivided or reduced in dimension  
or area below the minimum requirements of this rule. Lots that are created after June 11,  
1977, shall meet the minimum requirements of this rule, except as provided in R 281.56.  
(i) Home occupations and home-based occupations, subject to R 281.57.  
(j) Land alteration, subject to R 281.57.  
(k) Bridges, subject to R 281.58.  
(l) Forest management activities within the natural vegetation strip, subject to R 281.57.  
(m) A boardwalk that meets the minimum building setback requirements in this  
subdivision and a boardwalk associated with a footpath to the river’s edge, subject to R  
281.57.  
(n) Bank stabilization and fisheries habitat improvement activities, subject to R 281.57.  
(2) Within the Betsie river natural river district, a natural vegetation strip that includes  
the river and all lands within 50 feet of the ordinary high-water mark shall be maintained  
on each side of the Betsie river mainstream and all designated tributaries. Cutting in the  
natural vegetation strip is subject to R 281.57.  
History: 2013 AACS.  
R 281.90 White river system boundaries.  
Rule 40. The boundaries of the White river natural river district shall be as described in  
these rules and as depicted on the certified White river natural river zoning map with an  
effective date of May 5, 1979. The White river natural river zoning district comprises an  
area which is described as follows:  
(a) The mainstream of the White river from 8-mile road, in section 21, T15N, R12W,  
downstream to US-31 in section 22, T12N, R17W, excluding the following: from the  
north city limit of White Cloud down to old M-20 west of the city, from the east city limit  
of Hesperia down to the west city limit and those portions within the city limits of  
Whitehall and Montague.  
(b) Mullen creek from 6-Mile road in section 34, T15N, R12W to its confluence with  
the White river.  
(c) Five Mile creek from Pine avenue in section 18, T14N, R11W to its confluence with  
the White river.  
(d) Flinton creek from Pine avenue in section 31, T14N, R11W to its confluence with  
the White river.  
(e) Wrights creek from Comstock road in section 33, T14N, R14W to its confluence  
with the White river.  
(f) Mena creek from Minnie lake dam in section 5, T14N, R13W to its confluence with  
the White river.  
(g) Martin creek from Warner avenue in section 2, T14N, R13W, to its confluence with  
the White river.  
(h) East Branch Heald creek from Croswell road in section 32, T15N, R13W to its  
confluence with Martin creek.  
(i) Braton creek from Wilkie road in section 24, T13N, R15W to its confluence with the  
White river.  
Page 27  
(j) Cushman creek from 192nd avenue in section 26, T13N, R15W to its confluence  
with the White river.  
(k) Skeels creek from 192nd avenue (Holton Duck Lake road) in section 11 T12N,  
R15W to its confluence with the White river.  
(l) North Branch White river from 198th avenue in section 11, T14N, R15W to its  
confluence with the White river.  
(m) Robinson creek from Woodrow road in section 12, T14N, R17W to its confluence  
with the North Branch.  
(n) Swinton and Osborn (Cobmoosa) creek from Filmore road in section 26, T15N,  
R16W to its confluence with the North Branch.  
(o) Newman creek from 132nd avenue in section 4, T13N, R16W to its confluence with  
the North Branch.  
(p) Knutson creek from Garfield road in section 32, T14N, R15W downstream to its  
confluence with the North Branch.  
(q) Sand creek from outlet of Dressler lake in section 1, T13N, R17W to its confluence  
with the White river.  
(r) Carlton creek from Arthur road in section 4, T13N, R17W to its confluence with the  
White river.  
(s) Mud creek from outlet of Heitman lake in section 24, T13N, R17W to its confluence  
with Carlton creek.  
(t) Carleton (Landford) creek from Walsh road in section 10, T12N, R17W to its  
confluence with the White river.  
(u) Silver creek from Silver creek road in section 14, T12N, R17W to its confluence  
with the White river.  
(v) Cleveland creek from Russell road in section 16 T12N, 16W to its confluence with  
the White river.  
(w) All lakes, ponds, impoundments or other surface water bodies not traditionally  
considered rivers, streams or creeks if they are a contiguous part of the stream segments  
listed in subdivisions (a) to (v) of this rule  
(x) The lands lying within 400 feet of the river's edge as described in subdivisions (a) to  
(w) of this rule.  
History: 2013 AACS.  
R 281.91 White river system principal uses; natural vegetation strip.  
Rule 41. (1) A principal use is allowed by right, but requires the issuance of a zoning  
permit by the zoning administrator. A principal use includes all of the following:  
(a) A single-family dwelling or short-term rental facility with all the following  
provisions:  
(i) The minimum building setback shall be not less than 150 feet from the ordinary high-  
water mark on the mainstream from 8-mile road in the northwest corner of section 28,  
T15N, R12W to Lutes bridge (Baldwin road), T14N, R13W and from Podunk bridge  
between sections 9 and 10, T13N, R15W to US 31 in Muskegon county except as  
described in R 281.57.  
Page 28  
(ii) The setback may be decreased 5 feet for every 1 foot of rise in bank height above 7  
feet above the ordinary high-water mark, to a minimum of 100 feet from the ordinary  
high-water mark.  
(iii) The minimum building setback shall be not less than 100 feet from the ordinary  
high-water mark on the mainstream from Lutes bridge (Baldwin road) to Podunk bridge  
and on all designated tributaries.  
(iv) The setback may be decreased 5 feet for every 1 foot of rise in bank height above 7  
feet above the ordinary high-water mark, to a minimum of 75 feet from the ordinary high-  
water mark.  
(v) A dwelling shall be set back not less than 25 feet from the top of a bluff on the  
noncutting edge of a stream and not less than 50 feet from the top of a bluff on the cutting  
edge of a stream.  
(vi) Building shall not take place on land that is subject to flooding or in any wetland  
area.  
(vii) The natural contour of the face and crest of the bluff shall not be altered.  
(viii) The land between the crest of the bluff and the minimum building setback line  
shall not be altered except for minor landscaping activities.  
(b) Accessory buildings and appurtenances that meet the setback and other development  
requirements of subdivision (a) of this subrule.  
(c) One private boat dock per parcel, unless otherwise provided for in these rules,  
subject to R 281.57.  
(d) One private river access stairway per parcel, subject to R 281.57.  
(e) Utility lines to service a single-family dwelling or short-term rental facility.  
(f) A disposal field, septic tank, and outhouse, with all the following provisions:  
(i) A septic tank and disposal field meet local health department standards.  
(ii) A disposal field located not less than 100 feet from the ordinary high-water mark  
and not less than 50 feet from any surface or subsurface drain that discharges into the  
White river or its designated tributaries, and not located within the 100-year floodplain, a  
wetland area, or the natural vegetation strip.  
(iii) A septic tank shall not be closer to the river than the dwelling it serves and shall not  
be located within a wetland area.  
(iv) An outhouse constructed using a watertight waste containment system that allows  
waste to be pumped and hauled to an appropriate disposal site, located not less than 100  
feet from the ordinary high-water mark and any surface or subsurface drain that  
discharges into the White river or its designated tributaries, and not located within the  
100-year floodplain, a wetland area, or the natural vegetation strip.  
(v) Drywells and earth privies are not permitted unless authorized by the local health  
department, are a minimum of 100 feet from the ordinary high-water mark, and the  
bottom of the pit or seepage bed is at least 4 feet above the seasonal high groundwater  
table.  
(vi) An alternative on-site treatment system that results in a higher level of treatment  
than a conventional system may be located not less than 50 feet from the river’s edge on  
designated tributaries provided no part of the system is in a wetland or the 100-year  
floodplain.  
(vii) Disposal of sludge from any wastewater treatment system is prohibited in the  
natural river district.  
Page 29  
(g) Mining and extracting industries, if all land disturbances, structures, and other  
activities related to the industry are located more than 300 feet from the ordinary high-  
water mark.  
(h) A land division, if any lot created after May 5, 1979, with all the following  
provisions:  
(i) Is accessible by a public road or legal easement on at least 1 side of the stream.  
(ii) Has at least 200 feet of river frontage, unless a riverfront “common area” subject to  
a conservation easement is established, or a parcel does not have river frontage, in which  
case this dimension shall be measured at the point of the parcel closest to the river, and is  
at least 200 feet wide at the minimum building setback line.  
(iii) Contains at least 50,000 square feet of area within the natural river district. Any  
“common area” created or any bottomlands shall not be used in any calculations related  
to minimum parcel area. If a parcel does not have river frontage and the front line of the  
parcel is greater than 150 feet from the river’s edge at all points, this subdivision does not  
apply, and the minimum parcel width will be measured at the front lot line.  
(iv) Has sufficient depth and upland area to accommodate the required building setbacks  
pursuant to this rule.  
(v) A lot that exists on May 5, 1979, shall not be subdivided or reduced in dimension or  
area below the minimum requirements of this rule. Any lot created after May 5, 1979,  
shall meet the minimum requirements of this rule, except as provided in R 281.56.  
(i) Home occupations and home-based occupations, subject to the provisions of R  
281.57.  
(j) Land alteration, subject to R 281.57.  
(k) Bridges, subject to R 281.58.  
(l) Forest management activities within the natural vegetation strip, subject to R 281.57.  
(m) A boardwalk that meets the minimum building setback requirements in this  
subdivision and a boardwalk associated with a footpath to the river’s edge, subject to R  
281.57.  
(n) Bank stabilization and fisheries habitat improvement activities, subject to R 281.57.  
(2) Within the White river natural river district, a natural vegetation strip that includes  
the river and all lands within 50 feet of the ordinary high-water mark shall be maintained  
on each side of the White river mainstream and all designated tributaries. Cutting in the  
natural vegetation strip is subject to R 281.57.  
History: 2013 AACS.  
R 281.100 Huron River system boundaries.  
Rule 50. 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 with an  
effective date of June 2, 1980. The Huron river natural river zoning district comprises an  
area that is described as follows:  
(a) The mainstream of the Huron river from Kent lake dam in section 1, T1N, R6E to  
the west line of section 32, T1N, R5E excluding Strawberry, Gallagher, Loon, which is  
also known as Long or Little Gallagher, and the 2 Whitewood lakes; and from John Flook  
dam in section 1, T1S, R4E to the Scio-Ann Arbor township line in Washtenaw county,  
excluding the incorporated village of Dexter.  
Page 30  
(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 in section  
27, T1N, R6E to its confluence with the Huron river.  
(c) Arms creek, from the confluence of the 2 Branches in section 10, T1S, R5E to its  
confluence with the Huron river.  
(d) Mill creek, from Parker road in section 13, T2S, R4E to the incorporated village  
limits of Dexter.  
(e) Unless specifically exempted in this subdivision, all lakes, ponds, impoundments or  
other surface water bodies not traditionally considered rivers, streams or creeks if they  
are a contiguous part of the stream segments listed in subdivisions (a) to (d) of this rule.  
(f) The lands lying within 400 feet of the river's edge as described in subdivisions (a) to  
(e) of this rule.  
History: 2013 AACS.  
R 281.101 Huron River system principal uses; natural vegetation strip.  
Rule 51. (1) A principal use is allowed by right, but requires the issuance of a zoning  
permit by the zoning administrator. A principal use includes all of the following:  
(a) A single-family dwelling or short-term rental facility with all the following  
provisions:  
(i) The minimum building setback shall be not less than 125 feet from the ordinary high-  
water mark on the mainstream except as described in R 281.57.  
(ii) The setback may be decreased 10 feet for every 10 foot of rise in bank height to a  
minimum of 75 feet from the ordinary high-water mark.  
(iii) The minimum building setback on all designated tributaries shall be not less than 50  
feet from the ordinary high-water mark.  
(iv) A dwelling shall be set back not less than 25 feet from the top of a bluff on the  
noncutting edge of a stream and not less than 50 feet from the top of a bluff on the cutting  
edge of a stream.  
(v) Building shall not take place on land that is subject to flooding or in any wetland  
area.  
(vi) The natural contour of the face and crest of the bluff shall not be altered.  
(vii) The land between the crest of the bluff and the minimum building setback line shall  
not be altered except for minor landscaping activities.  
(b) Accessory buildings and appurtenances that meet the setback and other development  
requirements of subdivision (a) of this subrule.  
(c) One private boat dock per parcel, unless otherwise provided for in these rules,  
subject to R 281.57.  
(d) One private river access stairway per parcel, subject to R 281.57.  
(e) Utility lines to service a single-family dwelling or short-term rental facility.  
(f) A disposal field, septic tank, and outhouse, with all the following provisions:  
(i) A septic tank and disposal field meet local health department standards.  
(ii) A disposal field located not less than 125 feet from the ordinary high-water mark  
and not less than 50 feet from any surface or subsurface drain that discharges into the  
Huron river or its designated tributaries, and not located within the 100-year floodplain, a  
wetland area, or the natural vegetation strip.  
Page 31  
(iii) A septic tank shall not be closer to the river than the dwelling it serves and shall not  
be located within a wetland area.  
(iv) An outhouse constructed using a watertight waste containment system that allows  
waste to be pumped and hauled to an appropriate disposal site, shall not be located less  
than 100 feet from the ordinary high-water mark and any surface or subsurface drain that  
discharges into the Huron river or its designated tributaries, and not located within the  
100-year floodplain, a wetland area, or the natural vegetation strip.  
(v) Drywells and earth privies are not permitted unless authorized by the local health  
department, are a minimum of 100 feet from the ordinary high-water mark, and the  
bottom of the pit or seepage bed is at least 4 feet above the seasonal high groundwater  
table.  
(vi) An alternative on-site treatment system that results in a higher level of treatment  
than a conventional system may be located not less than 50 feet from the river’s edge on  
designated tributaries provided no part of the system is in a wetland or the 100-year  
floodplain.  
(vii) Disposal of sludge from any wastewater treatment system is prohibited in the  
natural river district.  
(g) Mining and extracting industries, if all land disturbances, structures, and other  
activities related to the industry are located more than 300 feet from the ordinary high-  
water mark.  
(h) A land division, if any lot created after June 2, 1980, with the following provisions:  
(i) Is accessible by a public road or legal easement on at least 1 side of the stream.  
(ii) Has at least 150 feet of river frontage, unless a riverfront “common area” subject to  
a conservation easement is established, or a parcel does not have river frontage, in which  
case this dimension shall be measured at the point of the parcel closest to the river, and is  
at least 150 feet wide at the minimum building setback line.  
(iii) Contain at least 50,000 square feet of area within the natural river district. Any  
“common area” created or any bottomlands shall not be used in any calculations related  
to minimum parcel area. If a parcel does not have river frontage and the front line of the  
parcel is greater than 150 feet from the river’s edge at all points, this subdivision does not  
apply, and the minimum parcel width will be measured at the front lot line.  
(iv) Has sufficient depth and upland area to accommodate the required building setbacks  
pursuant to this rule.  
(v) A lot that exists on June 2, 1980, shall not be subdivided or reduced in dimension or  
area below the minimum requirements of this rule. Any lot created after June 2, 1980,  
shall meet the minimum requirements of this rule, except as provided in R 281.56.  
(i) Home occupations and home-based occupations, subject to R 281.57.  
(j) Land alteration, subject to R 281.57.  
(k) Bridges, subject to R 281.58.  
(l) Forest management activities within the natural vegetation strip, subject to R 281.57.  
(m) A boardwalk that meets the minimum building setback requirements in this  
subdivision and a boardwalk associated with a footpath to the river’s edge, subject to R  
281.57.  
(n) Bank stabilization and fisheries habitat improvement activities subject to R 281.57.  
(2) Within the Huron river natural river district, a natural vegetation strip that includes  
the river and all lands within 50 feet of the ordinary high-water mark shall be maintained  
Page 32  
on each side of the Huron river mainstream and all designated tributaries. Cutting in the  
natural vegetation strip is subject to R 281.57.  
History: 2004 AACS; 2013 AACS.  
R 281.102 Purpose; intent; scope.  
Rule 2. (1) The director may, on his or her own motion, implement the intent of  
Natural Rivers Part 305 of 1994 PA 451, and in the absence of local zoning to protect the  
Pine river, a designated natural river, promulgates these rules for the following  
purposes:  
(a) To promote the public health, safety, and general welfare; to prevent economic and  
ecological damage due to misuse, unwise development patterns, overcrowding, and  
overuse within the natural river district; and to preserve the values of the natural river  
district for the benefit of present and future generations.  
(b) To protect the free-flowing condition, fish, aquatic and wildlife resources, water  
quality, scenic and aesthetic qualities, and historical and recreational values of the Pine  
river and adjoining land.  
(c) To prevent flood damage due to interference with the natural floodplain  
characteristics by excluding developments which are vulnerable to flood damage and  
which may reduce the capacity of the floodway of the river to withstand flooding  
conditions.  
(d) To provide for uses that complement the natural characteristics of the natural river  
system.  
(e) To protect individuals from investing funds in structures that are proposed for  
location on lands that are unsuited for such development because of high groundwater,  
erosion, or vulnerability to flood damage.  
(f) To achieve the goals and objectives of the Pine River natural river plan.  
(2) It is the general intent of these rules to define terms used and to regulate and  
restrict lot coverage and use, population distribution and density, and the size and  
location of all structures by the delineation of permitted uses and development  
standards so as to promote the purposes identified in this rule. It is further  
intended to provide for the administration and enforcement of these rules and to  
provide penalties for their violation.  
(3) It is not the intent of these rules to revoke, annul, cancel, or in any way impair or  
interfere with existing provisions of law, ordinances, or any rules, regulations, or  
premises or with any private restrictions placed upon property by covenant or deed.  
However, where such provisions of law are less restrictive than the provisions of Natural  
Rivers Part 305 of 1994 PA 451, and the rules promulgated thereunder, the provisions  
of Natural Rivers Part 305 of 1994 PA 451 and the rules promulgated thereunder shall  
apply.  
History: 2004 AACS.  
R 281.103 Construction of language; severability.  
Rule 3. (1) All of the following rules of construction apply to these rules:  
Page 33  
(a) A "building" or "structure" includes any part thereof.  
(b) The phrase "used for" includes "arranged for," "designed for," "intended for,"  
"maintained for," or "occupied for."  
(c) The word "person" includes an individual, a corporation, a partnership, an  
incorporated association, or any other similar entity.  
(d) The terms "lot" and "parcel" have the same meaning.  
(e) Terms not defined in these rules shall have the meanings customarily assigned to  
them.  
(2) In any case in which the provisions of these rules are declared by the courts to be  
unconstitutional or invalid, such ruling shall not affect the validity of the remaining  
provisions of these rules and to this end the provisions of these rules are declared to  
be severable.  
History: 2004 AACS.  
R 281.104 Lot size and area; subdivision of land; home and home-based  
occupations; native vegetation buffer; signs; docks; height of structures; river  
access stairways; dams; impervious surfaces.  
Rule 4. (1) Unless otherwise provided in these rules, a lot created after the effective  
date of these rules shall meet all of the following standards on at least 1 side of the  
stream that is accessible by a public road or legal easement:  
(a) Have at least 200 feet of river frontage (unless a riverfront "common area" subject  
to a conservation easement is established, or the parent parcel does not have river  
frontage, in which case this dimension shall be measured at the point of the parcel  
closest to the river) and be at least 200 feet wide at the minimum building setback line.  
(b) Contain at least 1/2 acre of existing contiguous upland buildable area (non-wetland,  
non-floodplain) landward of the minimum building setback line.  
(c) Contain at least 80,000 square feet of area within the Natural River District (any  
"common area" created or any bottomlands shall not be used in any calculations related  
to minimum parcel area). If the parent parcel does not have river frontage, and the front  
line of any newly created parcel is greater than 150 feet from the river's edge at all  
points, this rule does not apply, and the minimum parcel width will be measured at the  
front lot line.  
(d) Have sufficient depth to accommodate the required building setbacks pursuant to  
the standards in R 281.107.  
(2) A lot that exists on the effective date of this rule shall not be subdivided or  
reduced in dimension or area below the minimum requirements of these rules. Lots that  
are created after the effective date of this rule shall meet the minimum requirements of  
these rules, except as provided in subrules (3) and (4) of this rule.  
(3) Proposed lots which have preliminary plat approval pursuant to 1967 PA 288, MCL  
560.101 but which do not meet the dimensional requirements of these rules on their  
effective date, shall, on final plat approval, be issued a permit subject to the  
requirements in R 281.109 and R 281.110.  
(4) Lots of record which are created before the effective date of these rules and which  
do not possess sufficient land area or lot width may be used for the purposes described  
in these rules, subject to the requirements provided for in R 281.109 and R 281.110.  
Page 34  
(5) Home occupations and home-based occupations shall conform to all of the  
following requirements:  
(a) The use of the dwelling unit, or related structure, for a home occupation or  
home-based occupation shall be clearly incidental and subordinate to its use for  
residential purposes.  
(b) Equipment or a process shall not be used in a home occupation or home-based  
occupation if it creates noise, vibration, fumes, odors, or electrical interference that is  
detectable to the normal senses off the premises.  
(6) Within the natural river district, a native vegetation buffer that includes the river  
and all lands within 100 feet of the ordinary high watermark shall be maintained on  
each side of the Pine river mainstream and the North Branch Pine river from its  
confluence with Spalding Creek to its confluence with the East Branch Pine river. A  
restrictive cutting belt that includes tributaries and all lands within 50 feet of their  
ordinary high watermarks shall be maintained on each side of all designated tributaries.  
Trees and shrubs may be pruned over not more than a 50-foot width for a filtered  
view of the river, but clear cutting in the native vegetation buffer is prohibited. The  
native vegetation buffer is also subject to all of the following provisions:  
(a) Unsafe trees and noxious plants and shrubs, such as poison ivy and poison sumac,  
may be removed.  
(b) The selected removal or trimming of trees for forest management practices or  
disease and insect control, and clearing of vegetation to the minimum width required  
for public utility primary electric distribution lines and service lines for permitted uses is  
permitted upon approval of the zoning administrator in consultation with local  
Conservation District staff, if the activity is in keeping with the goals and objectives of  
the Natural River Plan.  
(c) Camping other than low-impact tent camping is not permitted in the native  
vegetation buffer.  
(d) Mowing is prohibited in the native vegetation buffer except in areas that had been  
maintained in a mowed condition prior to adoption of these rules or to establish a  
footpath to the river not to exceed 4 feet wide.  
(e) In the Pine river system upstream of the confluence of the North Branch Pine  
river and the East Branch Pine river and on all tributaries, vegetation in the stream  
channel may not be disturbed except to alleviate flooding that threatens a dwelling. In  
the Pine River mainstream downstream of the confluence of the North Branch Pine river  
and the East Branch Pine river vegetation may be selectively pruned to allow for safe  
navigation and to alleviate flooding that threatens a dwelling. This may include pruning  
of a maximum 8-foot wide section of vegetation. Portions of trees, logs, and other  
natural material imbedded in the stream channel may not be disturbed.  
(f) A boardwalk constructed in conjunction with the footpath described in subdivision  
(d) of this subrule is permitted upon approval of the zoning administrator if it is placed  
only in areas that are generally too wet to be traversed without significant disturbance of  
the soils, the boardwalk and supports are constructed of wood, the boardwalk is not  
more than 3 feet wide and does not include railings, and the top of the boardwalk is not  
more than 12 inches above grade.  
(g) All islands in all stream segments are subject to the native vegetation buffer  
standards.  
Page 35  
(h) A wider native vegetation buffer may be required for certain commercial  
uses.  
(7) Signs for identification, direction, resource information, regulation of use and those  
related to permitted uses are allowed. Signs for the sale of products or services are  
prohibited, unless related to a permitted use, located on the site of the permitted use,  
not located in the native vegetation buffer and not visible from the river. Illuminated  
signs are prohibited. Signs may be not more than 2 square feet in area. Exceptions  
include 1 real estate sign not more than 4 square feet outside the native vegetation  
buffer, and public agencies' signs not larger than 10 square feet, of rustic design and not  
attached to vegetation. Some public agency signs may need to be larger to warn of  
impending danger or for interpretative or historic reasons.  
(8) Private boat docks shall be in compliance with all of the following requirements:  
(a) Docks shall not be more than 48 square feet in area, with not more than 4 feet of  
the dock extending over the edge of the river.  
(b) Docks shall be designed, constructed, and maintained to blend with the natural  
surroundings. The use of natural, native materials is encouraged.  
(c) Unless otherwise provided for in these rules, only 1 dock shall be constructed per  
lot.  
(9) Unless otherwise provided for in these rules, a structure shall not be more than 2 1/2  
stories tall, not including a basement, and not more than 35 feet in height measured from  
the original surface elevation.  
(10) Private river access stairways are permitted upon approval of the zoning  
administrator if in compliance with all of the following requirements:  
(a) There is no other safe, feasible access to the river without a stairway.  
(b) The stairway is low-profile, not more than 4 feet wide and constructed without stairs  
being recessed into the ground surface unless site and soil conditions dictate that a  
recessed stairway is more appropriate.  
(c) There are no landings associated with the stairway unless required by building  
codes, in which case the landings shall be of the minimum number and size required by  
building codes.  
(d) Not more than 1 handrail is associated with the stairway.  
(e) Only 1 river access stairway is permitted per parcel.  
(f) The stairway is constructed using natural materials and is located and maintained to  
blend with the natural surroundings.  
(11) Construction of new dams is prohibited. Reconstruction of a failed dam is  
permitted under any of the following conditions:  
(a) Reconstruction of a dam destroyed by a catastrophic event such as flood may be  
reconstructed.  
(b) Reconstruction of a dam that failed due to lack of maintenance or other  
negligence by the owner or operator is prohibited.  
(c) Reconstruction of a dam that failed due to a catastrophic event shall comply with  
construction standards in effect at the time of application for replacement.  
(d) Application for reconstruction shall be received within 1 year of destruction.  
(e) A reconstructed dam shall be rebuilt with a height not greater than the original  
dam height.  
Page 36  
(f) A bottom discharge and fish passage facilities shall be provided for a reconstructed  
dam where appropriate.  
(g) A request for replacement of a dam destroyed by a catastrophic event shall be  
handled as a variance request for reconstruction of a destroyed, non-conforming  
structure.  
(12) The maximum percentage of impervious surface permitted on a lot is as follows:  
(a) For lots with less than 10,000 square feet of area, not more than 35% of the land  
surface may be covered by impervious surfaces.  
(b) For lots with between 10,000 square feet and 40,000 square feet of area, not more  
than 25% of the land surface may be covered by impervious surfaces.  
(c) For lots with between 40,001 square feet and 80,000 square feet of area, not more  
than 20% of the land surface may be covered by impervious surfaces.  
(d) For lots greater than 80,000 square feet of area, not more than 10% of the land  
surface may be covered by impervious surfaces.  
History: 2004 AACS.  
R 281.105 Boundaries; interpretation of boundaries; filing of zoning map.  
Rule 5. (1) The boundaries of the Pine river natural river district shall be as described  
in these rules and as depicted on the certified Pine river natural river zoning map. The  
Pine river natural river zoning district comprises an area that is described as follows:  
(a) The Pine river mainstream, from the confluence of the North Branch Pine river  
and the East Branch Pine river in section 29 of Burdell Twp., T20N, R10W to M-55.  
(b) The North Branch Pine river from its easternmost crossing of the north line of  
section 20 of Clam Lake Twp., T21N, R9W to its confluence with the East Branch of  
the Pine river. Lands adjacent to the North Branch from its confluence with Spalding  
Creek to its confluence with the East Branch are subject to mainstream development  
standards.  
(c) Spalding Creek from 46 Road (the south line of section 16 of Cherry Grove Twp.,  
T21N, R10W) to its confluence with the North Branch of the Pine river.  
(d) Fairchild Creek from its source in section 24 of Henderson Twp., T21N, R11W to  
its confluence with the North Branch of the Pine river.  
(e) Sixteen Creek from its source in section 2 of Burdell Twp., T20N, R10W to its  
confluence with the North Branch of the Pine river.  
(f) An unnamed stream from the outfall of a dam in section 8 of Burdell Twp., T20N,  
R10W to its confluence with the Pine river.  
(g) The East Branch of the Pine river from the outfall of a lake in section 1 of  
Burdell Twp., T20N, R10W to its confluence with the North Branch of the Pine river.  
(h) The Rose Lake Outlet from its sources at the outfall of Rose Lake in section 3 of  
Rose Lake Township, T19N, R9W and the outfall of Emery Lake in section 34 of  
Sherman Twp., T20N, R9W, to its confluence with the East Branch of the Pine river.  
(i) Edgett Creek from the west line of section 36 (190th Rd.) in Burdell Twp., T20N,  
R10W to its confluence with the Rose Lake outlet including both branches of the  
Diamond Lake outlet from their sources in section 26 of Burdell Twp. to the  
confluence with Edgett Creek.  
Page 37  
(j) An unnamed stream from its source in section 20 of Sherman Twp., T20N, R9W to  
its confluence with the Rose Lake outlet.  
(k) Sprague Creek from the outfall of a pond in the center of section 33 of Burdell  
Twp., T20N, R10W to its confluence with the Pine river.  
(l) Beaver Creek from the north/south centerline of section 11 of LeRoy Twp., T19N,  
R10W to its confluence with the Pine river.  
(m) Little Beaver Creek from the outlet of a large pond in the northeast 1/4 of section  
19 of LeRoy Twp., T19N, R10W to its confluence with Beaver Creek.  
(n) An unnamed stream from the outfall of the southernmost of two ponds in section 14  
of Ellsworth Twp., T19N, R11W to its confluence with the Pine river.  
(o) Coe Creek from the outfall of Lake Olga in section 1 of Dover Twp., T20N,  
R11W to its confluence with the Pine river.  
(p) Dyer Creek from the outfall of a small pond in section 13 of Dover Twp., T20N,  
R11W to its confluence with Coe Creek.  
(q) Sellars Creek from its source in section 21 of Dover Twp., T20N, R11W to its  
confluence with the Pine river.  
(r) An unnamed stream from its source in section 20 of Dover Twp., T20N, R11W to  
its confluence with the Pine river.  
(s) An unnamed stream from its source in section 19 of Dover Twp., T20N, R11W to  
its confluence with the Pine river.  
(t) An unnamed stream from its source in section 24 of Newkirk Twp., T20N, R12W to  
its confluence with the Pine river.  
(u) Silver Creek from its source in section 15 of Dover Twp., T20N, R11W to its  
confluence with the Pine river, including all perennial tributaries from their sources to  
their confluence with Silver Creek.  
(v) An unnamed stream from its source in section 13 of Newkirk Twp., T20N, R12W to  
its confluence with the Pine river.  
(w) An unnamed stream from its source in section 11 of Newkirk Twp., T20N, R12W  
to its confluence with the Pine river.  
(x) An unnamed stream from its source in section 7 of Dover Twp., T20N, R11W to  
its confluence with the Pine river.  
(y) An unnamed stream from its source in section 1 of Newkirk Twp., T20N, R12W to  
its confluence with the Pine river.  
(z) Poplar Creek from its source in section 26 of Henderson Twp., T21N, R11W to its  
confluence with the Pine river.  
(aa) Dowling Creek from its 2 sources in sections 21 and 28 of Henderson Twp.,  
T21N, R11W to its confluence with Poplar Creek.  
(bb) Hoxey Creek from its source in section 25 of South Branch Twp., T21N, R12W to  
its confluence with the Pine river.  
(cc) An unnamed Creek from its sources in section 27 and 34 of South Branch  
Twp.,T21N, R12W to its confluence with the Pine river.  
(dd) Yates Creek from its source in section 22 of South Branch Twp., T21N, R12W to  
its confluence with the Pine river.  
(ee) All lakes, ponds, impoundments or other surface water bodies not traditionally  
considered rivers, streams or creeks if they are a contiguous part of the stream segments  
listed in subdivisions (a) to (dd) of this subrule.  
Page 38  
(ff) The lands lying within 400 feet of the river's edge that are enumerated in  
subdivisions (a) to (ee) of this subrule.  
(2) If uncertainty exists with respect to the boundaries of the district as shown on the  
zoning map, then all of the following provisions shall apply:  
(a) Boundaries that are indicated as approximately following the centerline of  
streets or highways shall be construed to follow the centerline.  
(b) Boundaries that are indicated as approximately following lot lines shall be  
construed as following the lot lines.  
(c) Boundaries that are indicated as approximately following city, village,  
township, or county boundaries lines shall be construed as following the city, village,  
township, or county boundary lines.  
(d) Boundaries that are indicated as following railroad lines shall be construed to be  
midway between the right-of-way lines.  
(e) Boundaries that are indicated as following shorelines shall be construed to  
follow the shorelines, and, in the event of change in the shorelines, shall be  
construed as moving with the actual shorelines. Boundaries that are indicated as  
approximately following the centerline of streams, rivers, canals, lakes, or other bodies  
of water shall be construed to follow the centerline.  
(f) Boundaries that are indicated as parallel to or extensions of features indicated in  
subdivisions (a) to (e) of this subrule shall be so construed. Distances that are not  
specifically indicated on the official zoning map shall be determined by the scale of  
the map.  
(g) If physical or natural features that exist on the ground are at variance with  
those shown on the official zoning map or in other circumstances are not covered  
by the provisions of subdivisions (a) to (f) of this subrule, then the zoning review board  
shall interpret the district boundaries.  
(h) If a portion or all of the district is indicated on the zoning map by a pattern which,  
for the sake of map clarity, does not cover public rights-of-way, then the district  
boundaries extend to the center of any public right-of-way.  
(3) Certified copies of the Pine river natural river zoning map shall be filed with all of  
the following entities:  
(a) The state tax commission.  
(b) Local tax assessing officers.  
(c) Township and county clerks.  
(d) County drain commissioners.  
(e) Local building department.  
(f) The natural rivers unit of the Michigan department of natural resources.  
History: 2004 AACS.  
R 281.106 Zoning permits; site plans; certificates of zoning compliance.  
Rule 6. (1) A building or other structure shall not be erected, moved, added to, or  
structurally altered, and a land use shall not be commenced, without a zoning permit as  
specified by these rules and as issued by the zoning administrator. Permits shall not  
be required for exempt activities as specified in R 281.107. Plans that are submitted  
Page 39  
when applying for a zoning permit shall contain the necessary information for  
determining compliance with these rules.  
(2) Concurrent with applying for a zoning permit, an applicant shall submit a site  
plan of the proposed development. The site plan shall include the entire area that is  
proposed for development. The zoning administrator, in the case of a principal use  
application, or the zoning review board, in the case of a special use application, may  
require adjustments in the site plan as a condition for approval to ensure that the  
proposed development meets all standards contained in these rules. Except as otherwise  
waived by the zoning administrator, in the case of a principal use application, or the  
zoning review board, in the case of a special use application, a site plan shall show and  
include all of the following, either existing or proposed:  
(a) A site plan drawn to scale, with the scale indicated.  
(b) Property dimensions, including river frontage.  
(c) Size, shape, use, and location of existing and proposed buildings or improvements,  
including distances to adjacent property boundaries and the river's edge.  
(d) Existing vegetation, including the location and type.  
(e) Adjacent streets and highways.  
(f) Parking areas.  
(g) Cross section drawing showing height of buildings above water level and bluff  
heights.  
(h) Entrances to public streets.  
(i) Description of the building design, including proposed construction materials.  
(j) Drainage facilities.  
(k) Location and description of the method to dispose of sanitary wastes.  
(l) Proposed landscaping.  
(m) Location of footpaths.  
(n) Signs proposed, including the size, location, and material.  
(o) North arrow.  
(p) Date of drawing.  
(q) Detailed site location map.  
(r) Any additional information required the zoning administrator or zoning review  
board to carry out the administrator's or board's duties. Examples of such information  
include the following:  
(i) Soil types.  
(ii) Topography.  
(iii) Building elevations.  
(iv) Site photographs.  
(v) Anticipated traffic volumes.  
(vi) Traffic circulation patterns.  
(vii) Other pertinent site information.  
(3) A building, structure, or lot for which a zoning permit has been issued shall not  
be occupied, and a use for which a zoning permit has been issued shall not commence,  
until the zoning administrator has, after final inspection, issued a certificate of  
zoning compliance that certifies compliance with these rules. However, the issuance  
of a certificate of compliance shall not be construed as waiving any provision of these  
rules. A building that is an accessory to a dwelling shall not require a separate  
Page 40  
certificate of zoning compliance, but may be included in the certificate of zoning  
compliance for the dwelling if shown on the site plan and if completed at the same time  
as the dwelling. A record of all certificates that are issued shall be kept on file in the  
office of the zoning administrator. Certificates of zoning compliance are for the purposes  
of these rules and shall not be interpreted as substitutes for certificates of occupancy  
that are required by local building codes or local zoning permits.  
History: 2004 AACS.  
R 281.107 Land use and development standards.  
Rule 7. (1) Land uses within the natural river district are classified as exempt,  
principal, or special uses and are described as follows:  
(a) Exempt uses are uses which are permitted by right and which are not subject to the  
receipt of a zoning permit. Exempt uses include all of the following:  
(i) Private, noncommercial recreation which does not involve permanent structures,  
equipment, or other devices, but which includes camping, boating, fishing, hunting, and  
other similar activities.  
(ii) Reforestation and other accepted forest management practices that do not involve  
permanent structures and that are landward of the native vegetation buffer.  
(iii) Agricultural activities, such as plowing, disking and planting of crops, including  
general and specialized farming such as Christmas tree farms, provided that all new  
activities occur landward of the native vegetation buffer and provided such uses will  
not significantly contribute to stream degradation. Construction of any residential  
and farm-related structures and appurtenances are classified as principal uses (see  
subrule  
(2) of this rule) and are subject to zoning permit requirements. New aquaculture  
facilities and concentrated animal feeding operations, and expansion of existing  
aquaculture facilities and concentrated animal feeding operations, are not permitted  
within the Natural River District without a land use variance. Resumption of prior  
agricultural uses that were located within the native vegetation buffer but have been  
discontinued, for example, crop fields that are rotated, may resume if 1 of the following  
criteria is met:  
(A) The cessation of use was within 10 years of resumption of use.  
(B) The cessation of use was due to implementation of a management plan written  
prior to adoption of these rules.  
(C) The cessation of use was the result of written agreements with a governmental  
agency or agencies entered into prior to adoption of these rules.  
(D) The cessation of use was the result of written agreements with a governmental  
agency or agencies entered into after adoption of these rules or ordinances implementing  
this plan, where the term of cessation of use specified in the agreement is for 10  
years or less.  
(E) The cessation of use was required or imposed by a governmental agency or  
agencies.  
(iv) The operation of licensed motor vehicles on dedicated public roads or private roads  
that are designed to provide access to a permitted use.  
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(v) The off-road operation of emergency and public utility maintenance vehicles, and  
the operation of motorized or non-motorized wheelchairs by persons with disabilities  
on footpaths, boardwalks, or other designated trails. Other motorized vehicles may  
not be operated off the road in the native vegetation buffer as specified in R 281.104.  
(vi) Cutting of low growing vegetation in the native vegetation buffer to create a  
private footpath of not more that 4 feet in width leading to a single point on the river's  
edge. A boardwalk or other above grade walkway is considered a structure and requires  
a zoning permit.  
(vii) Signs, subject to the provisions of R 281.104.  
(viii) A replacement residential water supply well, provided the replacement well  
is not closer to the river's edge than the well it is replacing and is landward of the  
native vegetation buffer, and the replaced well is properly abandoned.  
(ix) Routine maintenance and repairs of principal uses within the existing foundation  
and structure, subject to R 281.110.  
(x) Satellite dishes that are less than 24 inches in diameter and that are not located in  
the native vegetation buffer.  
(b) Principal uses are uses which are allowed by right, but which require the issuance  
of zoning permits by the zoning administrator.  
following:  
Principal uses include all of the  
(i) Single-family dwellings, including detached long-term rental dwellings, if all  
of the following provisions are complied with:  
(A) Only 1 dwelling shall be permitted per parcel unless 1 of the following  
occurs:  
(1) The property owner develops a site plan for the parent parcel showing theoretical  
property lines for individual lots based on Natural River development standards,  
and locates any additional residences and appurtenances as if the property were  
divided into those separate lots.  
(2) For each single-family dwelling placed in a cluster-type setting so that the  
requirements in subdivision (b)(i)(A)(1) are not met, a portion of the parent parcel  
containing square footage, width, depth and buildable area equal to a newly created  
separate legal parcel as described in R 281.104 will be made subject to a permanent  
conservation easement or deed restriction that prohibits construction of any structures  
within that portion of the parcel, or the development rights to a portion of the parent  
parcel containing square footage, width, depth and buildable area equal to a newly  
created separate legal lot or parcel as described in R 281.104 will be sold, donated, or  
otherwise conveyed in perpetuity to a land conservancy, local unit of government, or  
the state. The agency acquiring the development rights shall agree in writing to refrain  
from development of the land in perpetuity.  
(B) Building setback for lots shall be not less than 150 feet from the ordinary high  
watermark on the mainstream and the North Branch Pine river from its confluence  
with Spalding Creek to its confluence with the East Branch Pine river and not less  
than 100 feet from the ordinary high watermark on all other designated tributaries,  
except as described in subdivision  
(b)(i)(C) of this rule. On the mainstream and the North Branch Pine river from its  
confluence with Spalding Creek to its confluence with the East Branch Pine river the  
setback may be decreased 1 foot for every 1-foot rise in bank height to a minimum  
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distance of 100 feet from the ordinary high water mark. The reduction in setback does  
not apply until the bank height reaches 25 feet, at which point the reduction in setback is  
25 feet. On all other tributaries, the setback may be decreased 1 foot for every 1-foot  
rise in bank height to a minimum distance of 75 feet from the ordinary high water  
mark. The reduction in setback does not apply until the bank height reaches 15 feet, at  
which point the reduction in setback is 15 feet. Structures shall be set back not less  
than 50 feet from the crest of a bluff on the mainstream and the North Branch Pine  
river from its confluence with Spalding Creek to its confluence with the East Branch  
Pine river, and not less than 25 feet from the crest of a bluff on all other designated  
tributaries. Building shall not take place on land that is subject to flooding or in any  
wetland area. The natural contour of the face and crest of the bluff shall not be altered.  
The land between the crest of the bluff and the minimum building setback line shall not  
be altered except for minor landscaping activities.  
(C) If a building setback is in an area of concentrated development and a vacant legal  
nonconforming parcel is between and adjacent to 2 parcels that contain legal single-  
family dwellings that do not meet the minimum building setbacks, and the adjacent legal  
non-conforming single-family dwellings are within 300 feet of each other, then the  
minimum building set back for a new single-family dwelling on the vacant parcel is the  
distance from the river of the adjacent single-family dwelling that is farthest from the  
river's edge or the minimum required width of the native vegetation buffer, whichever  
is greater, provided the single-family dwelling is not placed on lands that are subject to  
flooding or in any wetland area. All appurtenances and accessory buildings shall meet  
the minimum required building setback described in subdivision (b)(i)(B). All  
structures shall be set back not less than 50 feet from the crest of a bluff on the  
mainstream and not less than 25 feet from the crest of a bluff on designated tributaries.  
The natural contour of the face and crest of the bluff shall not be altered. The land  
between the crest of the bluff and the minimum building setback line shall not be altered  
except for minor landscaping activities.  
(ii) Expansion of a legal nonconforming single-family dwelling subject to the  
provisions of R 281.110(a)(b).  
(iii) Accessory buildings and appurtenances that meet requirements of paragraph (i)  
of this subdivision.  
(iv) One private boat dock per parcel, subject to the provisions of R 281.104.  
(v) One private river access stairway per parcel, subject to the provisions of R  
281.104.  
(vi) Utility lines to service private, single-family dwellings.  
(vii) Disposal fields, septic tanks, and outhouses if all of the following provisions are  
complied with:  
(A) The septic tank and disposal field meet local health department standards.  
(B) The disposal field shall be located not less than 100 feet from the ordinary high  
watermark and any surface or subsurface drain that discharges into the Pine river or its  
designated tributaries, and shall not be located within the 100-year floodplain, a wetland  
area, or the native vegetation buffer.  
(C) The septic tank shall be no closer to the river than the dwelling it serves and shall  
not be located within the 100-year floodplain or a wetland area.  
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(D) The bottom of the disposal field shall be at least 4 feet above the seasonal high  
groundwater table.  
(E) An outhouse shall be constructed using a watertight waste containment system that  
allows waste to be pumped and hauled to an appropriate disposal site, shall be located  
not less than 100 feet from the ordinary high watermark and any surface or  
subsurface drain that discharges into the Pine river or its designated tributaries, and shall  
not be located within the 100-year floodplain, a wetland area, or the native vegetation  
buffer.  
(F) Drywells and earth privies are not permitted unless they are authorized by the  
local health department, are a minimum of 100 feet from the ordinary high water mark,  
and the bottom of the pit or seepage bed is at least 4 feet above the seasonal high  
groundwater table.  
(G) An innovative on-site treatment system that results in a higher level of treatment  
than a conventional system may be located not less than 50 feet from the river's edge on  
designated tributaries, except the North Branch of the Pine river from the confluence  
with Spalding Creek to the confluence with the East Branch of the Pine river, provided no  
part of the system is in a wetland or the 100-year floodplain.  
(H) Disposal of sludge from any wastewater treatment system is prohibited in the  
Natural River District.  
(viii) Water supply wells serving exempt, principal, or special uses if the well is  
landward of the native vegetation buffer described in R 281.104.  
(iv) Mining and extracting industries, if all land disturbance, structures, and  
other activities related to the industry are located more than 300 feet from the ordinary  
high watermark.  
(x) Land divisions, if the minimum standards specified in R 281.104 are met. A  
zoning permit, special use permit or variance will not be granted for any activity on a  
parcel that is created after the effective date of these rules if the new parcel does not  
meet R 281.104. No new parcel will be created that would require reaching the only  
buildable area by constructing a road/stream crossing.  
(xi) Home occupations and home-based occupations, subject to R 281.104.  
(xii) Land alteration, such as grading, dredging, and filling of the land surface, except  
within the native vegetation buffer, on the face or crest of a bluff, or in a wetland or  
floodplain as defined in R 281.101. Draining wetlands is prohibited. Ponds may be  
constructed if the pond is not constructed in a wetland or the 100-year floodplain,  
the pond meets the building setback established for the area, spoils are placed in  
a non-wetland, non-floodplain area landward of the native vegetation buffer, and the  
pond is not connected to the river by any surface or subsurface drainage system.  
(xiii) Bridges, including any structure of any span length designed to provide a  
pedestrian or vehicle stream crossing, subject to all the following standards:  
(A) All existing bridges that are destroyed by any means, whether on a tributary or  
mainstream segment, may be replaced. On mainstream segments, destroyed pedestrian  
bridges may not be replaced with vehicle bridges. Destroyed bridges shall be replaced  
within 18 months of destruction or the replacement bridge shall be considered to be a  
new bridge and shall be subject to new bridge standards.  
(B) New bridges are not permitted on any parcel that is created after the effective date  
of these rules.  
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(C) New bridges of any type are prohibited on mainstream segments.  
(D) All replacement bridges on mainstream segments shall span the bankfull channel,  
have a minimum clearance of 5 feet between the ordinary high water mark and "low  
steel" (the bottom of the bridge deck and/or deck supports other than abutments), and  
be a structure with a natural bottom, for example, pipe, box or arch culverts are not  
permitted.  
(E) New pedestrian bridges are permitted on all tributaries provided the lands  
connected by a new bridge were, at the time of adoption of these rules, and continue to  
be, collectively owned by 1 person.  
(F) New bridges linking properties in separate ownership shall not be permitted  
except in areas where construction of such a bridge to access a permitted building site  
will result in less resource damage than construction of another type of permitted access.  
The exception shall only apply to lots that were created before the effective date of these  
rules.  
(G) Only 1 bridge is permitted to access a portion of land that is otherwise  
inaccessible from the owner's contiguous property.  
(H) Permanent new bridges on tributaries shall span the bankfull channel and be a  
structure with a natural bottom, for example, pipe, box, or arch culverts are not  
permitted, and, in the case of pedestrian bridges, be constructed such that use by any  
motorized vehicles, including dirt bikes and ATVs are excluded.  
(I) Permanent bridges replacing bridges that have natural bottoms on tributaries  
shall span the bankfull channel and be a structure with a natural bottom, for example,  
pipe, box or arch culverts are not permitted, and in the case of pedestrian bridges, be  
constructed such that use by any motorized vehicles, including dirt bikes and ATVs are  
excluded.  
(J) Permanent bridges replacing bridges without natural bottoms on tributaries  
must span the bankfull channel, and, in the case of pedestrian bridges, be constructed  
such that use by any motorized vehicles, including dirt bikes and ATVs are excluded.  
(K) Temporary vehicle bridges on tributaries for the purpose of access for timber  
harvest may be permitted provided they are constructed in a manner that minimizes  
disruption of the stream and are removed immediately after harvesting activities.  
Disturbed areas in the native vegetation buffer shall be revegetated, any fill placed shall  
be removed, and the land shall be returned to its original grade as soon as possible  
after removal of the bridge. Proper erosion/sedimentation control methods shall be  
used during placement and use of the bridge.  
(L) New permanent vehicle bridges on tributaries may be allowed upon receipt of a  
special use permit.  
(xiv) Forest management activities within the native vegetation buffer, subject to the  
provisions of R 281.104.  
(xv) Boardwalks that meet the setback requirements of subrule (2)(C) of this rule and  
boardwalks associated with a footpath to the river's edge subject to of R 281.104(6).  
(c) The Pine river natural river plan and these rules recognize that certain types of  
residential, recreational, and commercial uses may be appropriate for the natural river  
district that have not been identified under the exempt and principal uses provisions of  
this rule. To ensure that such uses do not contravene the goals and objectives of the  
Pine river natural river plan and these rules, such uses shall be referred to as special uses  
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and shall be subject to the review and approval of the zoning review board. Special  
uses and their development standards include all of the following:  
(i) Detached rental cabins, if all of the following provisions are complied with:  
(A) The number of cabins permitted shall be based on the rate of 1 cabin per 200 feet  
of frontage. Clustering of rental cabins is permitted and encouraged; however, there  
shall not be more than 1 cabin per 200 feet of river frontage. For each cabin placed in  
a cluster-type setting, a portion of the parent parcel containing square footage, width,  
depth, and buildable area equal to a newly created separate legal parcel as described R  
281.104 shall be made subject to a permanent conservation easement or deed  
restriction that prohibits construction of any structures within that portion of the parcel, or  
the development rights to a portion of the parent parcel containing square footage,  
width, depth, and buildable area equal to a newly created separate legal lot or parcel as  
described in R 281.104 will be sold, donated or otherwise conveyed in perpetuity to a  
land conservancy, local unit of government, or the state. The agency acquiring the  
development rights shall agree in writing to refrain from development of the land in  
perpetuity.  
(B) The size of each cabin shall not exceed 900 square feet and 1 story in height. The  
cabin shall not contain sleeping accommodations for more than 8 people.  
(C) Each cabin shall be set back a minimum of 200 feet from the ordinary high  
watermark. All associated buildings and structures shall be located outside of the  
Natural River District.  
(D) Temporary recreational facilities, including tents, camper trailers, and recreational  
vehicles shall be located outside of the Natural River District.  
(E) Each cabin shall be a minimum of 75 feet from the property line of adjacent  
riverfront properties.  
(F) Establishment of vegetative buffers along side or back lot lines may be required  
for rental cabins that are adjacent to existing residential uses. Buffers shall consist of  
plant material that is indigenous to the area in a strip at least 20 feet wide composed of  
deciduous trees interspersed with coniferous trees to be spaced not more than 10 feet  
apart. Deciduous trees shall be a minimum of 8 feet in height and coniferous trees a  
minimum of 5 feet in height at the time of planting. The buffer shall also include dense  
shrubs placed not less than 5 feet apart having a minimum of 3 feet in height when  
planted. The entire buffer shall be maintained in at least as healthy a condition as when  
planted.  
(G) Docks may be constructed for the private use of occupants of the rental cabins.  
Permanent and seasonal docks shall comply with the general standards for docks and all  
of the following provisions:  
(1) Docks shall be not larger than 48 square feet, with not more than 4 feet of the  
dock extending into the water.  
(2) Docks may be constructed at the rate of 1 dock per 1000 feet of frontage. If the  
property in question contains less than 1000 feet of frontage, 1 dock will be  
permitted  
(3) Docks shall be constructed of natural materials that blend with the natural  
surroundings.  
(4) Access to a dock or docks shall be along a single designated footpath not more than  
4 feet wide to minimize disruption of the native vegetation buffer.  
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(5) Any steps or stairs necessary on the stream bank to access the dock shall be  
constructed without cutting into the ground surface, unless site and soil conditions  
indicate that a recessed stairway will better meet the goals and objectives of designation.  
(ii) Campgrounds, including those with provisions for tents, travel trailers,  
campers, and motor homes, with associated noncommercial buildings, impervious pads,  
and utility hookups, if all of the following provisions are complied with:  
(A) Campgrounds shall be constructed and maintained in accordance with all applicable  
state regulations.  
(B) Commercial buildings associated with the campground are prohibited in the  
Natural River District.  
(C) All permanent structures shall be at least 200 feet from the river's edge.  
(D) Campsites are permitted at a density of not more than 4 sites per acre of land that is  
located in the Natural River District and landward of the native vegetation buffer.  
(E) A 100 foot-wide native vegetation buffer along the river shall be maintained.  
(F) Campsites that accommodate wheeled motor vehicles shall be at least 200 feet  
from the river's edge.  
(G) Walk-in campsites shall be landward of the native vegetation buffer.  
(H) Docks may be constructed at the rate of 1 dock not larger than 48 square feet for  
each 200 feet of river frontage, accessed by a single footpath not more than 4 feet  
wide.  
(I) No motorized vehicle access to the river is permitted.  
(J) Launching or retrieval of commercial watercraft, other than by registered  
campers on-site, is prohibited at any newly developed campground.  
(iii) Permanent vehicle bridges on tributaries subject to the provisions of R 281.107.  
History: 2004 AACS.  
R 281.108 Application and approval; procedures and standards; principal uses and  
special uses.  
Rule 8. (1) An application for a principal use shall be submitted and processed  
pursuant to all the following procedures:  
(a) An application for a principal use shall be made on an application form that is  
available from the zoning administrator and shall be returned to the zoning administrator.  
A completed application shall contain all of the following information:  
(i) A completed application form that is signed by the applicant or the applicant's  
representative.  
(ii) A site plan that meets the requirements of R 281.106.  
(iii) Evidence of ownership or a legal interest in the property that is affected by the  
application for a principal use.  
(b) Within 21 days of receipt of an application for a principal use, the zoning  
administrator shall notify the applicant of the need for additional information.  
(c) Within 30 days of receipt of a completed application, the zoning administrator  
shall issue or deny a permit. If a permit is denied, notice of the denial, together with the  
reasons for the denial, shall be sent to the applicant.  
(d) Concurrent with the issuance of a zoning permit, an applicant shall receive a copy  
of the approved site plan.  
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(e) Before commencing construction of a principal use, an applicant shall display the  
permit required by these rules face out in a conspicuous place facing the nearest street  
or roadway and shall display it continuously until the purpose for which the permit was  
issued is completed.  
(f) Zoning permits are valid for 1 year and are not transferable. All buildings shall be  
completed within 1 year from the date of issuance of the zoning permit. However, 1  
extension may be authorized by the zoning administrator, in writing, for a period of  
not more than 6 months if conditions pertaining to the issuance of the original  
permit remain unchanged. An application for an extension shall be made before the  
permit expires. Any subsequent extensions for a variance approval shall have the  
written approval of the zoning review board.  
(2) An application for a special use permit shall be submitted and processed  
pursuant to the following procedures:  
(a) An application for a special use permit shall be made on an application form  
that is available from the zoning administrator and shall be returned to the zoning  
administrator. A completed application shall contain all of the following information  
and attachments:  
(i) A completed application form that is signed by the applicant or the applicant's  
representative.  
(ii) Eight copies of a site plan that meet the requirements of R 281.106.  
(iii) Evidence of ownership or a legal interest in the property that is affected by the  
application for a special use.  
(iv) A list of all property owners, together with their addresses, who are located within  
300 feet of the applicant's property that is being considered for a special use.  
(b) The application, together with the required attachments, shall be submitted not  
less than 30 days before the meeting of the zoning review board at which the application  
is to be considered.  
(c) The zoning review board shall conduct at least 1 public hearing and shall require  
all of the following notifications of such hearing to be made not less than 5, nor more  
than 15, days before consideration of the special use application:  
(i) One notice shall be published in a newspaper that circulates in the township in  
which the proposal is located.  
(ii) Notice shall be sent by first-class mail or personal delivery to the owners of  
property for which approval is being considered and to all persons who are identified in  
subdivision (a)(iv) of this subrule.  
(iii) Notice shall also be sent to all of the following entities:  
(A) The natural rivers unit of the Michigan department of natural resources.  
(B) Local tax assessing officials.  
(C) Township and county clerks.  
(D) Local building inspectors.  
(E) State, district, or county health department, when applicable.  
(d) In considering a special use application, the zoning review board shall require  
that all of the following general standards, in addition to those specific standards  
established for each special use in R 281.107, are satisfied:  
(i) That the purposes specified in R 281.102 are accomplished.  
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(ii) That a compelling reason exists to locate the proposed use within the district  
boundaries if contiguous property under the same ownership is available outside the  
district.  
(iii) That the proposed use in combination with other existing uses willnot be a  
detriment to the public health, safety, and welfare.  
(e) The zoning review board may impose conditions deemed necessary to  
accomplish the general and specific standards applicable to the proposed use.  
(f) The concurring vote of at least 4 of the 7 voting members of the zoning review  
board shall be required to approve a special use.  
(g) A special use that is granted by the zoning review board shall be valid for 1 year  
from the date of approval. If construction has not, in the opinion of the zoning review  
board, commenced and proceeded meaningfully at the end of the 1-year period, then the  
zoning administrator shall notify the applicant, in writing, of the expiration of the special  
use approval.  
(h) If the zoning review board determines that the applicant has failed to comply with  
any of the requirements of these rules or the approved special use permit, then the  
board, after a public hearing held in accordance with the provisions of subdivision (c)  
of this subrule, may revoke any special use approval.  
(i) An application for a special use that has been denied by the zoning review board  
shall not be submitted for reconsideration unless, in the opinion of the zoning  
administrator, the application is significantly different in scope from the application  
that was denied or new and significant facts and conditions exist which might result in  
favorable action upon resubmission.  
(j) Concurrent with the issuance of a special use permit, an applicant shall receive a  
copy of the approved site plan, with conditions, if any.  
(k) Before commencing construction of a special use, an applicant shall display the  
permit required by these rules face out in a conspicuous place facing the nearest street  
or roadway and shall display it continuously until the purpose for which the permit was  
issued is completed.  
History: 2004 AACS.  
R 281.109 Variances and variance hearings.  
Rule 9. (1) A dimensional variance from any standard established in these rules may be  
granted by the zoning review board after a public hearing or, in certain instances, by the  
zoning administrator as provided in subrule (3) of this rule to allow a modification from  
a standard that establishes an area, yard, height, floor space, frontage, setback, or  
similar numerical restriction, but only after substantive evidence establishes that there  
are practical difficulties in complying with these rules. A variance shall be permitted  
only when it is consistent with the general purposes and intent of these rules.  
(2) The zoning review board or zoning administrator shall consider all of the following  
factors in determining if there are practical difficulties in complying with these rules as  
specified in subrule (1) of this rule:  
(a) How substantial the variance is in relation to the zoning requirements.  
(b) Whether a substantial change will be effected in the character of the area or a  
substantial detriment created for adjoining properties.  
Page 49  
(c) Whether the difficulty can be overcome by some feasible method other than a  
variance.  
(d) Whether, in view of the manner in which the difficulty arose, the interests of  
justice will be served by allowing the variance.  
(e) Whether the plight of the landowner is due to circumstances which are unique to  
his or her property and which are not created by the landowner.  
(f) Whether the variance may result in a material adverse effect on the environment.  
(3) For the purposes of these rules, the required hearing and review of a variance  
request by the zoning review board shall be waived for certain minor dimensional  
variances of principal uses, including legal nonconforming uses. Such variances shall be  
handled by the zoning administrator, who shall consider the provisions of subrule  
(2) of this rule in making a determination. The zoning administrator shall prepare a  
written finding of fact that details the reasons for approval or denial of the minor  
variance request. Minor variances are defined as reductions in setbacks for uses on any  
lawful lot that are not more than 25% of the normal dimensional requirements.  
Such uses shall include principal or accessory buildings or structures, including decks,  
porches, and steps.  
(4) A land use variance is a land or building use in contravention of any of the use  
requirements of these rules. The zoning review board may, after a public hearing, grant a  
variance upon  
a
finding of unnecessary hardship, which may be found upon  
substantial evidence being submitted that all of the following factors exist:  
(a) The property cannot be used in a manner that is consistent with existing zoning.  
(b) The hardship results from the application of these rules to the applicant's  
property.  
(c) The hardship of which the applicant complains is suffered by his or her property  
directly and is not shared by others.  
(d) The hardship is not the result of the applicant's own actions.  
(e) The hardship is peculiar to the applicant's own property.  
(5) In determining whether reasonable use may be made of the property as zoned, a  
reasonable economic return may be considered, but only if the applicant is in  
compliance with the provisions of subrules (1) to (4) of this rule. Whether any weight  
shall be given to the economic return factor shall be dependent on a determination that  
the owner has been deprived of all beneficial use of his or her property under existing  
zoning.  
(6) For a land use variance, the zoning review board shall, after finding that  
unnecessary hardship exists, also find that, based on adequate evidence, the proposed use  
meets all of the following conditions:  
(a) The use will be consistent with and in accordance with the general objectives of  
the Pine river natural river plan.  
(b) The use will be designed, constructed, operated, and maintained consistent with  
and appropriate in appearance with the existing or intended character of the natural river  
district and the use will not change the essential character of the natural river district.  
(c) The use will be adequately served by existing essential public facilities and  
services, such as highways, police and fire protection, drainage structures, refuse  
disposal, and sanitation facilities, or the persons or agencies that are responsible for  
the establishment of the  
Page 50  
proposed use may adequately provide essential services.  
(d) The use will not involve uses, activities, processes, materials and equipment, and  
conditions of operation that will be detrimental to any persons, property, or the  
environmental quality of the district because of the excessive production of noise,  
smoke, fumes, glare, or odors or require the outdoor storage of raw materials or  
discarded materials produced in the use processes.  
(e) The use will be consistent with the intent and purposes of these rules.  
(f) The use or the structures to be used will not cause an overcrowding of the land or  
an undue concentration of population that may result in degradation to the river and  
district.  
(g) The use plot area is sufficient, appropriate, and adequate for the use and the  
reasonable anticipated operation and expansion thereof.  
(7) Upon receipt of an application for a variance, the zoning review board shall conduct  
a hearing on the request, except as provided for in subrule (3) of this rule. The hearing  
and notice procedure shall follow the procedure established for special use applications  
by R 281.108. A decision shall be made within 30 days after the final hearing to  
approve or deny the variance request. The zoning review board shall keep complete and  
detailed records of all its proceedings, which shall include the minutes of its  
meetings, findings, and actions taken on each matter heard by it, including the final  
order. Reasons for the decision shall be in writing. The board shall record the vote of  
each member on each question. If a member is absent or fails to vote, the board shall  
indicate such fact. All records shall be open for public inspection. The concurring  
vote of at least 4 of the 7 voting members of the zoning review board is required to effect  
a dimensional variance in these rules. The concurring vote of at least 5 of the 7 voting  
members of the zoning review board is required to grant a land use variance in these  
rules. If the required concurring vote for approval of a variance is not achieved, the  
variance is denied.  
(8) The zoning review board shall not issue a land use variance when the district  
allows the use as a special use.  
(9) A variance shall create a nonconforming land use, lot, or structure that is subject  
to the provisions of R 281.110 which regulates continued use.  
(10) The zoning review board or the zoning administrator may impose conditions  
on an applicant before granting a variance. Such conditions shall be in writing. The  
zoning permit issued for the project for which the variance was approved is not valid  
until the applicant accepts the conditions in writing.  
(11) An application for a variance that has been denied by the zoning review board  
or zoning administrator shall not be submitted for reconsideration unless, in the  
opinion of the zoning administrator, the application is significantly different in scope  
from the application that was denied or new and significant facts and conditions exist  
which might result in favorable action upon resubmission.  
History: 2004 AACS.  
R 281.110 Rogue river system boundaries.  
Rule 60. The boundaries of the Rogue river natural river district shall be as described in  
these rules and as depicted on the certified Rogue river natural river zoning map with an  
Page 51  
effective date of June 2, 1980. The Rogue river natural river zoning district comprises an  
area that is described as follows:  
(a) The mainstream of the Rogue river from 20 Mile road in section 11, T10N, R12W to  
its confluence with the Grand river.  
(b) Spring creek from its source in section 4, T10N, R11W to its confluence with the  
Rogue river.  
(c) Duke creek from its source in section 1, T10N, R11W to its confluence with the  
Rogue river.  
(d) Cedar creek from its source in section 29, T10N, R10W to its confluence with the  
Rogue river.  
(e) Stegman creek from its source in section 16, T9N, R10W to its confluence with the  
Rogue river.  
(f) Becker creek from its sources in sections 5 and 8, T9N, R10W to its confluence with  
the Stegman creek.  
(g) Shaw creek from its sources in section 29, T9N, R10W to its confluence with the Rogue  
river.  
(h) Rum creek from its source in section 4, T8N, R10W to its confluence with the Rogue  
river.  
(i) Barkley creek from its source in section 8, T9N, R10W to its confluence with the Rogue  
river.  
(j) All lakes, ponds, impoundments or other surface water bodies not traditionally  
considered rivers, streams or creeks if they are a contiguous part of the stream segments  
listed in subdivisions (a) to (i) of this rule.  
(k) The lands lying within 400 feet of the river's edge as described in subdivisions (a) to  
(j) of this rule.  
History: 2004 AACS; 2013 AACS.  
R 281.111 Rogue river system principal uses; natural vegetation strip.  
Rule 61. (1) A principal use is allowed by right, but requires the issuance of a zoning  
permit by the zoning administrator. A principal use includes all of the following:  
(a) A single-family dwelling or short-term rental facility with the following provisions:  
(i) The minimum building setback shall be not less than 150 feet from the ordinary high-  
water mark on the mainstream and 100 feet from the ordinary high-water mark on all  
designated tributaries, except as described in R 281.57.  
(ii) A dwelling shall be set back not less than 50 feet from the top of a bluff on a cutting  
edge of a stream.  
(iii) Building shall not take place on land that is subject to flooding or in any wetland  
area.  
(iv) The natural contour of the face and crest of the bluff shall not be altered.  
(v) The land between the crest of the bluff and the minimum building setback line shall  
not be altered except for minor landscaping activities.  
(b) Accessory buildings and appurtenances that meet the setback and other development  
requirements of subdivision (a) of this subrule.  
(c) One private boat dock per parcel, unless otherwise provided for in these rules,  
subject to R 281.57.  
Page 52  
(d) One private river access stairway per parcel, subject to R 281.57.  
(e) Utility lines to service a single-family dwelling or short-term rental facility.  
(f) A disposal field, septic tank, and outhouse, with all the following provisions:  
(i) A septic tank and disposal field meet local health department standards.  
(ii) A disposal field located not less than 100 feet from the ordinary high-water mark on  
the mainstream and all designated tributaries and not less than 50 feet from any surface or  
subsurface drain that discharges into the Rogue river or its designated tributaries, and not  
located within the 100-year floodplain, a wetland area, or the natural vegetation strip.  
(iii) A septic tank shall not be closer to the river than the dwelling it serves and shall not  
be located within a wetland area.  
(iv) An outhouse constructed using a watertight waste containment system that allows  
waste to be pumped and hauled to an appropriate disposal site, shall not be located less  
than 100 feet from the ordinary high-water mark and any surface or subsurface drain that  
discharges into the Rogue river or its designated tributaries, and not located within the  
100-year floodplain, a wetland area, or the natural vegetation strip.  
(v) Drywells and earth privies are not permitted unless authorized by the local health  
department, are a minimum of 100 feet from the ordinary high-water mark, and the  
bottom of the pit or seepage bed is at least 4 feet above the seasonal high groundwater  
table.  
(vi) An alternative on-site treatment system that results in a higher level of treatment  
than a conventional system may be located not less than 50 feet from the river’s edge on  
designated tributaries, provided no part of the system is in a wetland or the 100-year  
floodplain.  
(vii) Disposal of sludge from any wastewater treatment system is prohibited in the  
natural river district.  
(g) Mining and extracting industries, if all land disturbances, structures, and other  
activities related to the industry are located more than 300 feet from the ordinary high-  
water mark.  
(h) A land division, if any lot created after June 2, 1980, with all the following  
provisions:  
(i) Is accessible by a public road or legal easement standards on at least 1 side of the  
stream that has all the following:  
(ii) At least 200 feet of river frontage, unless a riverfront “common area” subject to a  
conservation easement is established, or a parcel does not have river frontage, in which  
case this dimension shall be measured at the point of the parcel closest to the river, and is  
at least 200 feet wide at the minimum building setback line.  
(iii) At least 50,000 square feet of area within the natural river district. Any “common  
area” created or any bottomlands shall not be used in any calculations related to  
minimum parcel area. If a parcel does not have river frontage and the front line of the  
parcel is greater than 150 feet from the river’s edge at all points, this subdivision does not  
apply, and the minimum parcel width will be measured at the front lot line.  
(iv) Sufficient depth and upland area to accommodate the required building setbacks  
pursuant to this rule.  
(v) A lot that exists on June 2, 1980, shall not be subdivided or reduced in dimension or  
area below the minimum requirements of this rule. Any lot created after June 2, 1980,  
shall meet the minimum requirements of this rule, except as provided in R 281.56.  
Page 53  
(i) Home occupations and home-based occupations, subject to R 281.57.  
(j) Land alteration, subject to R 281.57.  
(k) Bridges, subject to R 281.58.  
(l) Forest management activities within the natural vegetation strip, subject to R 281.57.  
(m) A boardwalk that meets the minimum building setback requirements in this  
subdivision and a boardwalk associated with a footpath to the river’s edge, subject to R  
281.57.  
(n) Bank stabilization and fisheries habitat improvement activities, subject to R 281.57.  
(2) Within the Rogue river natural river district, a natural vegetation strip that includes the  
river and all lands within 50 feet of the ordinary high-water mark shall be maintained on  
each side of the Rogue river mainstream. A restrictive cutting belt that includes the river  
and all lands within 25 feet of the ordinary high-water mark shall be maintained on each  
side of designated tributaries. Cutting in the natural vegetation strip is subject to R 281.57.  
History: 2004 AACS; 2013 AACS.  
R 281.112 Appeals; contested cases.  
Rule 12. An aggrieved party who contests the decision of the zoning administrator  
or zoning review board shall be granted a hearing if a petition is filed with the director  
within 60 days after notice of disapproval is received. The hearing shall be conducted  
pursuant to the provisions for contested cases of 1969 PA 306, MCL 24.201 et seq.  
and R299.3071 to R 299.3081.  
History: 2004 AACS.  
R 281.113 Violations; effect; remedies.  
Rule 13. (1) After the effective date of these rules, a building or structure or land  
shall not be used or occupied, and a building or structure or part thereof shall not be  
erected, constructed, reconstructed, moved, or structurally altered, unless the  
building, structure, or land is in compliance with these rules. A permit or variance  
shall not be approved, and action shall not be taken, if approval of the permit or  
variance or the action taken violates these rules. The director shall not waive any of  
his or her rights or remedies against any person who violates these rules if the violations  
were committed in reliance on an authorization erroneously given  
in violation of any provision of these rules. Any authorized permit, variance, or  
action that is contrary to these rules is invalid from the date of the authorization.  
(2) In addition to all other remedies, the director may institute appropriate action  
or proceedings to prevent, restrain, correct, or abate rule violations or threatened  
violations.  
History: 2004 AACS.  
R 281.114  
Boundaries and permitted uses; changes, amendments, and  
supplements; precedence of local zoning ordinance over rules.  
Page 54  
Rule 14. (1) The director may make changes, amendments, and supplements to  
boundaries and to permitted uses requested by a local unit of government or by a  
landowner following a hearing held pursuant to the provisions of sections 71 to 87 of  
1969 PA 306, MCL 24.271 to 24.287, if implementation of the change, amendment, or  
supplement does not contravene the purposes of these rules as specified in R 281.102.  
(2) Copies of any changes, supplements to boundaries, or adopted amendments  
shall be sent to all of the following entities:  
a) The county register of deeds.  
b) Township and county clerks.  
c) The local building inspector.  
d) Local soil erosion and sedimentation control enforcement agencies.  
e) The conservation district.  
f) County drain commissioner.  
g) Zoning review board members.  
(3) A local zoning ordinance that meets all of the requirements of Natural Rivers Part  
305 of 1994 PA 451, and either 1943 PA 184, MCL 125.271, or 1943 PA 183, MCL  
125.101, whichever is applicable, shall take precedence over these rules. If a local  
zoning ordinance does not meet all of the requirements of Natural Rivers Part 305 of  
1994 PA 451, or if the local ordinance becomes inapplicable to the land area  
encompassed by the Pine river natural river district through court action or for any other  
reason, these rules shall apply. A local unit of government may, at any time, request the  
assistance of the department of natural resources in developing an ordinance that meets  
the requirements of Natural Rivers Part 305 of 1994 PA 451. The director shall  
determine if a local ordinance meets all of the requirements of Natural Rivers Part 305  
of 1994 PA 451, and shall notify the local unit of government of his or her decision in  
writing. If the director withdraws his or her approval of a local zoning ordinance, these  
rules shall apply.  
History: 2004 AACS.  
R 281.120 Boardman river system boundaries.  
Rule 70. The boundaries of the Boardman river natural river district shall be as  
described in these rules and as depicted on the certified Boardman river natural river  
zoning map with an effective date of June 2, 1980. The Boardman river natural river  
zoning district comprises an area which is described as follows:  
(a) Mainstream of Boardman river from the confluence of the North Branch Boardman  
river and the South Branch Boardman river in section 4, T26N, R9W to Brown bridge  
dam in section 15, T26N, R10W.  
(b) Mainstream of Boardman river from Brown bridge dam, section 15, T26N, R10W to  
the north boundary of Grand Traverse county property in section 27, T27N, R11W.  
(c) North Branch Boardman river from U.S. 131 in section 20, T27N, R7W to the  
confluence with the South Branch Boardman river.  
(d) South Branch Boardman river from U.S. 131 in section 16, T26N, R8W to the  
confluence with the North Branch Boardman river.  
(e) Beitner creek from Sawyer road in section 8, T26N, R11W to its confluence with the  
Boardman river.  
Page 55  
(f) Unnamed stream from the south line of section 9, T26N, R11W to its confluence  
with Beitner creek.  
(g) Jaxon creek from the south line of section 31, T26N, R10W to its confluence with  
the Boardman river.  
(h) Swainston creek from the west line of section 8, T25N, R10W to its confluence with  
the Boardman river.  
(i) Jackson creek from Wood road in section 14, T25N, R10W to its confluence with  
East creek.  
(j) East creek from the confluence of Bancroft and Parker creeks in section 36, T26N,  
R10W to its confluence with the Boardman river.  
(k) Parker creek from the north line of the south ½ of section 31, T26N, R9W to the  
confluence with Bancroft creek.  
(l) Bancroft creek from Sparling road in section 7, T25N, R9W to the confluence with  
Parker creek.  
(m) Carpenter creek from County road 660 (Supply road) in 13 T26N, R9W to its  
confluence with Twenty-Two creek.  
(n) Twenty-Two creek from the east line of section 27, T26N, R9W to its confluence  
with the Boardman river.  
(o) Taylor creek from U.S. 131 in section 15, T26N, R9W to its confluence with the  
South Branch Boardman river.  
(p) Unnamed stream from it source in section 16, T26N, R9W to its confluence with  
Taylor creek  
(q) Crofton creek from U.S. 131 in section 2, T26N, R8W to its confluence with the  
North Branch Boardman river.  
(r) Failing creek from U.S. 131 in section 30, T27N, R7W to its confluence with the  
North Branch Boardman river.  
(s) All lakes, ponds, impoundments or other surface water bodies not traditionally  
considered rivers, streams or creeks if they are a contiguous part of the stream segments  
listed in subdivisions (a) to (r) of this rule.  
(t) The lands lying within 400 feet of the river's edge as described in subdivisions (a) to  
(s) of this rule.  
History: 2013 AACS.  
R 281.121 Boardman river system principal uses; natural vegetation strip.  
Rule 71. (1) A principal use is allowed by right, but requires the issuance of a zoning  
permit by the zoning administrator. A principal use includes all of the following:  
(a) A single-family dwelling or short-term rental facility with the following provisions:  
(i) The minimum building setback shall be not less than 150 feet from the ordinary high-  
water mark on the mainstream from the confluence of the north Branch and South Branch  
to Brown bridge dam, and 100 feet from the ordinary high-water mark on the mainstream  
from Brown bridge dam to the north boundary of Grand Traverse county property in  
section 27, T27N, R11W, Garfield township and on all other designated tributaries except  
as described in R 281.57.  
Page 56  
(ii) Dwellings shall be set back not less than 25 feet from the top of a bluff on the noncutting  
edge of a stream and not less than 50 feet from the top of a bluff on the cutting edge of a  
stream.  
(iii) Building shall not take place on land that is subject to flooding or in any wetland  
area.  
(iv) The natural contour of the face and crest of the bluff shall not be altered.  
(v) The land between the crest of the bluff and the minimum building setback line shall  
not be altered except for minor landscaping activities.  
(b) Accessory buildings and appurtenances that meet the setback and other development  
requirements of subdivision (a) of this subrule.  
(c) One private boat dock per parcel, unless otherwise provided for in these rules,  
subject to R 281.57.  
(d) One private river access stairway per parcel, subject to R 281.57.  
(e) Utility lines to service a single-family dwelling or short-term rental facility.  
(f) A disposal field, septic tank, and outhouse, with the following provisions:  
(i) A septic tank and disposal field meet local health department standards.  
(ii) A disposal field located not less than 100 feet from the ordinary high-water mark  
and not less than 50 feet from any surface or subsurface drain that discharges into the  
Boardman river or its designated tributaries, and not located within the 100-year  
floodplain, a wetland area, or the natural vegetation strip.  
(iii) A septic tank shall not be closer to the river than the dwelling it serves and shall not  
be located within a wetland area.  
(iv) An outhouse constructed using a watertight waste containment system that allows  
waste to be pumped and hauled to an appropriate disposal site, shall not be located less  
than 100 feet from the ordinary high-water mark and any surface or subsurface drain that  
discharges into the Boardman river or its designated tributaries, and not located within  
the 100-year floodplain, a wetland area, or the natural vegetation strip.  
(v) Drywells and earth privies are not permitted unless authorized by the local health  
department, are a minimum of 100 feet from the ordinary high-water mark, and the  
bottom of the pit or seepage bed is at least 4 feet above the seasonal high groundwater  
table.  
(vi) An alternative on-site treatment system that results in a higher level of treatment  
than a conventional system may not be located less than 50 feet from the river’s edge on  
designated tributaries provided no part of the system is in a wetland or the 100-year  
floodplain.  
(vii) Disposal of sludge from any wastewater treatment system is prohibited in the  
natural river district.  
(g) Mining and extracting industries, if all land disturbances, structures, and other  
activities related to the industry are located more than 300 feet from the ordinary high-  
water mark.  
(h) A land division, if any lot created after June 2, 1980, with all the following  
provisions:  
(i) Is accessible by a public road or legal easement on at least 1 side of the stream.  
(ii) On all designated segments has at least 200 feet of river frontage, unless a riverfront  
“common area” subject to a conservation easement is established, or a parcel does not  
have river frontage, in which case this dimension shall be measured at the point of the  
Page 57  
parcel closest to the river, and is at least 200 feet wide at the minimum building setback  
line.  
(iii) Contains at least 40,000 square feet of area within the natural river district. Any  
“common area” created or any bottomlands shall not be used in any calculations related  
to minimum parcel area. If a parcel does not have river frontage, and the front line of the  
parcel is greater than 150 feet from the river’s edge at all points, this subdivision does not  
apply, and the minimum parcel width will be measured at the front lot line.  
(iv) Has sufficient depth and upland area to accommodate the required building setbacks  
pursuant to this rule.  
(v) A lot that exists on June 2, 1980, shall not be subdivided or reduced in dimension or  
area below the minimum requirements of this rule. Any lot created after June 2, 1980,  
shall meet the minimum requirements of this rule, except as provided in R 281.56.  
(i) Home occupations and home-based occupations, subject to R 281.57.  
(j) Land alteration, subject to R 281.57.  
(k) Bridges, subject to R 281.58.  
(l) Forest management activities within the natural vegetation strip, subject to R 281.57.  
(m) A boardwalk that meets the minimum building setback requirements in this  
subdivision and a boardwalk associated with a footpath to the river’s edge, subject to R  
281.57.  
(n) Bank stabilization and fisheries habitat improvement activities, subject to R 281.57.  
(2) Within the Boardman river natural river district, a natural vegetation strip that  
includes the river and all lands within 75 feet of the ordinary high-water mark shall be  
maintained on each side of the mainstream from the confluence of the north Branch and  
South Branch to Brown bridge dam. A restrictive cutting belt that includes the river and  
all lands within 50 feet of the ordinary high-water mark shall be maintained on each side  
of the mainstream from Brown bridge dam to the north boundary of Grand Traverse  
county property in section 27, T27N, R11W, Garfield township and on all other  
designated tributaries. Cutting in the natural vegetation strip is subject to the provisions  
of R 281.57.  
History: 2013 AACS.  
R 281.130 Pere Marquette river system boundaries.  
Rule 80. The boundaries of the Pere Marquette river natural river district shall be as  
described in these rules and as depicted on the certified Pere Marquette river natural river  
zoning map with an effective date of July 15, 1981. The Pere Marquette river natural  
river zoning district comprises an area which is described as follows:  
(a) The mainstream of the Pere Marquette from the junction of the middle Branch and  
the little South Branch, commonly known as the "forks" located in section 22, T17N,  
R13W to Pere Marquette road in section 25, T18N, R18W, excluding that portion of the  
river within the city of Scottville.  
(b) Swan creek from Darr road section 5, T17N, R16W to its confluence with the Pere  
Marquette river.  
(c) Weldon creek from the outfall of Romeo lake in section 9, T18N, R15W to its  
confluence with the Pere Marquette river.  
Page 58  
(d) The Big South Branch from the confluence of Beaver creek with Winnepesaug creek  
in section 11, T15N, R14W to its confluence with the Pere Marquette river.  
(e) Cedar creek from M-37 in section 3, T16N, R13W to its confluence with the Big  
South Branch.  
(f) Ruby creek from its source in section 6, T16N, R15W to its confluence with the Big  
South Branch.  
(g) Carr creek, excluding that portion of the stream which branches north in section 14,  
T17N, R15W, from Tyndal road in section 18, T17N, R14W to its confluence with the  
Big South branch.  
(h) Sweetwater creek from its source in section 21, T18N, R14W to its confluence with  
the Pere Marquette river.  
(i) Kinney creek from the outfall of Wingleton lake in section 31, T18N, R13W to its  
confluence with the Pere Marquette river.  
(j) Danaher creek from the C & O railroad in section 27, T17N, R13W to its confluence  
with the Pere Marquette river.  
(k) The Baldwin river, excluding that portion in the village of Baldwin, from the outfall  
of the widewaters in section 32, T19N, R12W to its confluence with the Pere Marquette  
river.  
(l) North Branch of Cole creek, from big spring in section 15, T18N, R12W to its  
confluence with the South Branch of Cole creek.  
(m) South Branch of Cole creek from the west line of section 22, T18N, R12W to its  
confluence with the North Branch of Cole creek.  
(n) Cole creek from the confluence of the North and South Branches of Cole creek in  
section 20, T18N, R12W to its confluence with the Baldwin river.  
(o) Bray creek from the outfall of Bray lake in section 26, T18N, R13W to its  
confluence with the Baldwin river.  
(p) Sanborn creek, excluding that portion in the village of Baldwin, from State road in  
section 24, T18N, R12W to its confluence with the Baldwin river.  
(q) Leverentz creek from the outfall of Leverentz lake in section 35, T18N, R13W to its  
confluence with the Baldwin river.  
(r) The middle branch from Baker road in section 8, T17N, R11W downstream to the  
"forks."  
(s) Blood creek from its source in section 16, T17N, R12W to its confluence with the  
middle Branch.  
(t) The Little South branch from U.S. forest service road 5309 in section 9, T15N,  
R12W, downstream to the "forks."  
(u) McDuffee creek from 13 mile road in section 34 T16N, R12W, downstream to its  
confluence with the Little South Branch.  
(v) The Pease creek from the south line of section 34, T17N, R12W, and from the east  
line of section 7, 16N, R11W to its confluence with the Little South Branch.  
(w) All lakes, ponds, impoundments or other surface water bodies not traditionally  
considered rivers, streams or creeks if they are a contiguous part of the stream segments  
listed in subdivisions (a) to (v) of this rule.  
(x) The lands lying within 400 feet of the river's edge as described in subdivisions (a) to  
(w) of this rule.  
History: 2013 AACS.  
Page 59  
R 281.131 Pere Marquette River system principal uses; natural vegetation strip.  
Rule 81. (1) A principal use is allowed by right, but requires the issuance of a zoning  
permit by the zoning administrator. A principal use includes all of the following:  
(a) A single-family dwelling or short-term rental facility with all the following  
provisions:  
(i) The minimum building setback shall be not less than 150 feet from the ordinary high-  
water mark on the mainstream, the Big South Branch, the Little South Branch, the  
Middle Branch, and the Baldwin river and 100 feet on all other designated tributaries  
except as described in R 281.57.  
(ii) The setback may be decreased 1 foot for every 1 foot of rise in bank height to a  
minimum of 100 feet from the ordinary high-water mark on the mainstream and to a  
minimum of 75 feet from the ordinary high-water mark on all other designated  
tributaries.  
(iii) A dwelling shall be set back not less than 25 feet from the top of a bluff on the  
noncutting edge of a stream and not less than 50 feet from the top of a bluff on the cutting  
edge of a stream.  
(iv) Building shall not take place on land that is subject to flooding or in any wetland  
area.  
(v) The natural contour of the face and crest of the bluff shall not be altered.  
(vi) The land between the crest of the bluff and the minimum building setback line shall  
not be altered except for minor landscaping activities.  
(b) Accessory buildings and appurtenances that meet the setback and other development  
requirements of requirements of subdivision (a) of this subrule.  
(c) One private boat dock per parcel, unless otherwise provided for in these rules,  
subject to R 281.57.  
(d) One private river access stairway per parcel, subject to R 281.57.  
(e) Utility lines to service a single-family dwelling or short-term rental facility.  
(f) A disposal field, septic tank, and outhouse, with all the following provisions:  
(i) A septic tank and disposal field meet local health department standards.  
(ii) A disposal field located not less than 150 feet from the ordinary high-water mark  
and not less than 50 feet from any surface or subsurface drain that discharges into the  
Pere Marquette river or its designated tributaries, and not located within the 100-year  
floodplain, a wetland area, or the natural vegetation strip.  
(iii) A septic tank shall not be closer to the river than the dwelling it serves and shall not  
be located within a wetland area.  
(iv) An outhouse constructed using a watertight waste containment system that allows  
waste to be pumped and hauled to an appropriate disposal site, shall be located not less  
than 100 feet from the ordinary high-water mark and any surface or subsurface drain that  
discharges into the Pere Marquette river or its designated tributaries, and not located  
within the 100-year floodplain, a wetland area, or the natural vegetation strip.  
(v) Drywells and earth privies are not permitted unless authorized by the local health  
department, are a minimum of 100 feet from the ordinary high-water mark, and the  
bottom of the pit or seepage bed is at least 4 feet above the seasonal high groundwater  
table.  
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(vi) An alternative on-site treatment system that results in a higher level of treatment  
than a conventional system may be located not less than 50 feet from the river’s edge on  
designated tributaries, except the Little South branch, Big South branch, Middle branch  
and Baldwin river, provided no part of the system is in a wetland or the 100-year  
floodplain.  
(vii) Disposal of sludge from any wastewater treatment system is prohibited in the  
natural river district.  
(g) Mining and extracting industries, if all land disturbances, structures, and other  
activities related to the industry are located more than 300 feet from the ordinary high-  
water mark.  
(h) A land division, for any lot created after July 15, 1981, with the following  
provisions:  
(i) Is accessible by a public road or legal easement on at least 1 side of the stream.  
(ii) On the mainstream, Big South branch, Little South branch, Middle branch, and  
Baldwin river, has at least 200 feet of river frontage (unless a riverfront “common area”  
subject to a conservation easement is established, or a parcel does not have river frontage,  
in which case this dimension shall be measured at the point of the parcel closest to the  
river) and is at least 200 feet wide at the minimum building setback line. On all other  
designated tributaries, has at least 150 feet of river frontage (unless a riverfront “common  
area” subject to a conservation easement is established, or a parcel does not have river  
frontage, in which case this dimension shall be measured at the point of the parcel closest  
to the river) and is at least 150 feet wide at the minimum building setback line.  
(iii) Contains at least 50,000 square feet of area within the natural river district. Any  
“common area” created or any bottomlands shall not be used in any calculations related  
to minimum parcel area. If a parcel does not have river frontage, and the front line of the  
parcel is greater than 150 feet from the river’s edge at all points, this subdivision does not  
apply, and the minimum parcel width will be measured at the front lot line.  
(iv) Has sufficient depth and upland area to accommodate the required building setbacks  
pursuant to this rule.  
(v) A lot that exists on July 15, 1981, shall not be subdivided or reduced in dimension or  
area below the minimum requirements of this rule. Any lot created after July 15, 1981,  
shall meet the minimum requirements of this rule, except as provided in R 281.56.  
(i) Home occupations and home-based occupations, subject to R 281.57.  
(j) Land alteration, subject to R 281.57.  
(k) Bridges, subject to R 281.58.  
(l) Forest management activities within the natural vegetation strip, subject to R 281.57.  
(m) A boardwalk that meets the minimum building setback requirements in this  
subdivision and a boardwalk associated with a footpath to the river’s edge, subject to R  
281.57.  
(n) Bank stabilization and fisheries habitat improvement activities, subject to R 281.57.  
(2) Within the Pere Marquette river natural river district, a natural vegetation strip that  
includes the river and all lands within 75 feet of the ordinary high-water mark shall be  
maintained on each side of the Pere Marquette river mainstream, Big South branch, Little  
South branch, Middle branch and Baldwin river. A restrictive cutting belt that includes  
the river and all lands within 50 feet of the ordinary high-water mark shall be maintained  
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on each side of all other designated tributaries. Cutting in the natural vegetation strip is  
subject to R 281.57.  
History: 1992 AACS; 2013 AACS.  
R 281.132 Purpose; intent; scope.  
Rule 2. (1) The commission, on its own motion, to implement the intent of Act No. 231  
of the Public Acts of 1970, being S281.761 et seq. of the Michigan Compiled Laws,  
and in the absence of local zoning to protect the Betsie river, a designated natural river,  
promulgates these zoning rules for the following purposes:  
(a) To promote the public health, safety, and general welfare, to prevent economic  
and ecological damage due to misuse, unwise development patterns, overcrowding,  
and overuse within the natural river district, and to preserve the values of the natural  
river district for the benefit of present and future generations.  
(b) To protect the free-flowing condition, fish, aquatic and wildlife resources, water  
quality, scenic and aesthetic qualities, and historical and recreational values of the  
Betsie river and adjoining land.  
(c) To prevent flood damage due to interference with the natural floodplain  
characteristics by excluding developments which are vulnerable to flood damage and  
which may reduce the capacity of the floodway of the river to withstand flooding  
conditions.  
(d) To provide for uses that complement the natural characteristics of the natural  
river system.  
(e) To protect individuals from investing funds in structures that are proposed for  
location on lands which are unsuited for such development because of high  
groundwater, erosion, or vulnerability to flood damage.  
(f) To achieve the goals and objectives of the Betsie river natural river plan.  
(2) It is the general intent of these rules to define terms used and to regulate and  
restrict lot coverage and use, population distribution and density, and the size and  
location of all structures by the delineation of permitted uses and development  
standards so as to promote the purposes identified in this rule. It is further intended  
to provide for the administration and enforcement of these rules and to provide  
penalties for their violation.  
(3) It is not the intent of these rules to revoke, annul, cancel, or in any way impair or  
interfere with existing provisions of law, ordinances, or any rules, regulations, or  
premises or with any private restrictions placed upon property by covenant or deed.  
However, where such provisions of law are less restrictive than the provisions of Act  
No. 231 of the Public Acts of 1970, being S281.761 et seq. of the Michigan  
Compiled Laws, and the rules promulgated thereunder, the provisions of Act No. 231  
of the Public Acts of 1970, and the rules promulgated thereunder shall apply.  
History: 1992 AACS.  
R 281.133 Construction of language; severability.  
Rule 3. (1) All of the following rules of construction apply to the text of these rules:  
Page 62  
(a) The particular shall control over the general.  
(b) In the case of any difference of meaning or implication between the text of these  
rules and any caption or illustration, the text shall control.  
(c) The word "shall" is always mandatory and not discretionary. The word "may" is  
permissive.  
(d) Words used in the present tense shall include the future. Words used in the singular  
number shall include the plural and the plural the singular, unless the context  
clearly indicates the contrary.  
(e) A "building" or "structure" includes any part thereof.  
(f) The phrase "used for" includes "arranged for," "designed for," "intended for,"  
"maintained for," or "occupied for."  
(g) The word "person" includes an individual, a corporation, a partnership, an  
incorporated association, or any other similar entity.  
(h) Unless the context clearly indicates the contrary, where a regulation involves  
2 or more items, conditions, provisions, or events connected by the conjunction  
"and," "or," or "either ... or," the conjunction shall be interpreted as follows:  
(i) "And" indicates that all of the connected items, conditions, or provisions shall  
apply.  
(ii) "Or" indicates that the connected items, conditions, provisions, or events may  
apply singularly or in any combination.  
(iii) "Either ... or" indicates that the connected items, conditions, provisions, or  
events shall apply singularly, but not in combination.  
(i) Terms not defined in these rules shall have the meanings customarily assigned to  
them.  
(2) In any case in which the provisions of these rules are declared by the courts to be  
unconstitutional or invalid, such ruling shall not affect the validity of the remaining  
provisions of these rules and to this end the provisions of these rules are declared to be  
severable.  
History: 1992 AACS.  
R 281.134 Lot size and area; subdivision of land; home occupations; natural  
vegetation strip; signs; docks; height of structures.  
Rule 4. (1) Unless otherwise provided for within these rules, any lot or parcel of  
property created after the effective date of these rules, or amendments thereto, shall  
have a minimum area of 50,000 square feet and a minimum average width of 200 feet  
throughout the length of the lot or parcel. The average lot width shall be based on  
the average of the combined widths of the front and rear lot lines.  
(2) A lot that exists on the effective date of this rule, or amendment thereto, shall not  
be subdivided or reduced in dimension or area below the minimum requirements of  
these rules. Lots that are created after the effective date of this rule shall meet the  
minimum requirements of these rules, except as provided in subrules (3) and (4) of  
this rule.  
(3) Proposed lots which have preliminary plat approval pursuant to the provisions of  
Act No. 288 of the Public Acts of 1967, as amended, being S560.101 et seq. of the  
Michigan Compiled Laws, but which do not meet the dimensional requirements of  
Page 63  
these rules on their effective date, shall, on final plat approval, be issued a permit  
subject to the requirements provided in R 281.139.  
(4) Lots of record which are created before the effective date of these rules, or  
amendments thereto, and which do not possess sufficient land area or lot width may  
be used for the purposes described within these rules, subject to the requirements  
provided for in R 281.139.  
(5) Home occupations shall conform to both of the following requirements:  
(a) The use of the dwelling unit, or related structure, for the home occupation shall  
be clearly incidental and subordinate to its use for residential purposes. The home  
occupation shall not occupy more than 30% of the aboveground floor area of the  
dwelling unit. This requirement shall apply whether the home occupation is contained  
wholly within the dwelling unit or utilizes a garage.  
(b) Equipment or a process shall not be used in a home occupation that is conducted in  
a single-family dwelling unit or its associated garage if it creates noise, vibration,  
glare, fumes,  
odors, or  
electrical interference that is detectable to the normal  
senses off the premises and shall not be used in a home occupation that is conducted in  
other than a single-family dwelling unit or an associated garage if it creates noise,  
vibration, glare, fumes, odors, or electrical interference that is  
detectable to the normal senses outside the dwelling unit.  
(6) Within the natural river district, not less than a 50-foot restrictive cutting  
belt shall be maintained on each side of the main stream of the Betsie river and its  
designated tributaries. Trees and shrubs may be pruned for a filtered view of the river,  
but clear cutting in the natural vegetation strip is prohibited. The natural vegetation  
strip is also subject to all of the following provisions:  
(a) Dead, diseased, unsafe, or fallen trees and noxious plants and shrubs, including  
poison ivy and poison sumac, may be removed.  
(b) The selected removal or trimming of trees for timber harvest, access or woodlot  
improvements, landscaping, or public utility lines to service private single-family  
dwellings and other permitted uses is permitted upon approval of the zoning  
administrator.  
(c) Camping is not permitted in the natural vegetation strip.  
(7) Signs shall not be visible from the river, except:  
(a) "No Trespassing" signs if the signs are not more than 1 square foot in area and are  
spaced a minimum of 100 feet apart.  
(b) One identification sign of rustic design, associated with  
a
canoe livery,  
campground or rental cabins, which is not more than 6 square feet in area. The sign shall  
be for the purpose of identification of a designated watercraft landing site and  
shall be located at the designated landing site.  
(c) Signs posted by public agencies to provide for public safety such as warning of  
impending dangers in the river, or to identify a public access site or campground. Such  
signs may need to be larger than 6 square feet in area to accomplish their designated  
purpose. Signs which identify a public access site or campground shall be of rustic  
design.  
(8) Private boat docks shall be in compliance with all of the following requirements:  
(a) Docks shall not be more than 4 feet in width and not more than 20 feet in length,  
with not more than 4 feet of the dock extending over the edge of the river.  
Page 64  
(b) Docks shall be designed, constructed, and maintained to blend with the natural  
surroundings. The use of natural, native materials is encouraged.  
(c) Unless provided for within these rules, only 1 dock shall be constructed per  
lot.  
(9) Unless otherwise provided for within these rules, a structure shall not be more  
than 2 1/2 stories in height, not including a basement.  
History: 1992 AACS.  
R 281.135 Boundaries; interpretation of boundaries; filing of zoning map.  
Rule 5. (1) The boundaries of the Betsie river natural river district shall be as  
described in these rules and as depicted on the certified Betsie river natural river  
zoning map. The Betsie river natural river zoning district comprises an area which is  
described as follows:  
(a) The Betsie river from Grass lake dam in section 2, T25N, R13W, in Benzie  
county to its mouth at Betsie lake in section 35, T26N, R16W, including  
Thompsonville pond.  
(b) The Little Betsie river from its headwaters in section 24, T25N, R13W, in  
Benzie county to its confluence with the Betsie river in section 25, T25N, R14W.  
(c) Dair creek from its headwaters in section 15, T25N, R14W, in Benzie county to its  
confluence with the Betsie river in section 19, T25N, R14W.  
(d) The lands lying within 400 feet of the river's edge which are enumerated in  
subdivisions (a) to (c) of this subrule.  
(2) Where uncertainty exists with respect to the boundaries of the district as shown  
on the zoning map, all of the following provisions shall apply:  
(a) Boundaries that are indicated as approximately following the centerline of  
streets or highways shall be construed to follow the centerline.  
(b) Boundaries that are indicated as approximately following lot lines shall be  
construed as following the lot lines.  
(c) Boundaries that are indicated as approximately following city, village,  
township, or county boundary lines shall be construed as following the city,  
village, township, or county boundary lines.  
(d) Boundaries that are indicated as following railroad lines shall be construed to be  
midway between the right-of-way lines.  
(e) Boundaries that are indicated as following shorelines shall be construed to  
follow the shorelines, and, in the event of change in the shorelines, shall be construed  
as moving with the actual shorelines. Boundaries that are indicated as approximately  
following the centerline of streams, rivers, canals, lakes, or other bodies of water  
shall be construed to follow the centerline.  
(f) Boundaries that are indicated as parallel to or extensions of features specified  
in subdivisions (a) to (e) of this subrule shall be so construed. Distances that are not  
specifically indicated on the official zoning map shall be determined by the scale of  
the map.  
(g) Where physical or natural features that exist on the ground are at variance with  
those shown on the official zoning map or in other circumstances are not covered  
Page 65  
by the provisions of subdivisions (a) to (f) of this subrule, the zoning review board  
shall interpret the district boundaries.  
(h) Insofar as a portion or all of the district may be indicated on the zoning map by a  
pattern which, for the sake of map clarity, does not cover public rights-of-way, it is  
intended that the district boundaries do extend to the center of any public right-of-  
way.  
(3) Certified copies of the Betsie river natural river zoning map shall be filed with all of  
the following entities:  
(a) The state tax commission.  
(b) Local tax assessing officers.  
(c) Township and county clerks.  
(d) The natural rivers unit of the Michigan department of natural resources.  
History: 1992 AACS.  
R 281.136 Zoning permits; site plans; certificates of zoning compliance.  
Rule 6. (1) A building or other structure shall not be erected, moved, added to, or  
structurally altered, and a land use shall not be commenced, without a zoning permit as  
specified by these rules and as issued by the zoning administrator. Permits shall not be  
required for exempt activities as specified in R 281.137(1). Plans that are submitted  
when applying for a zoning permit shall contain the necessary information for  
determining compliance with these rules.  
(2) Concurrent with applying for a zoning permit, an applicant shall submit a site  
plan of the proposed development. The site plan shall include the entire area that is  
proposed for development. The zoning administrator, in the case of a principal use  
application, or the zoning review board, in the case of a special use application, shall  
have the authority to require adjustments in the site plan as  
a
condition for  
approval to ensure that the proposed development meets all standards contained in  
these rules. Except as otherwise waived by the zoning administrator, in the case of  
a principal use application, or the zoning review board, in the case of a special use  
application, a site plan shall show and include all of the following, either existing or  
proposed:  
(a) A site plan drawn to scale, with the scale indicated.  
(b) Property dimensions.  
(c) The size, shape, use, and location of existing and proposed buildings or  
improvements, including distances to adjacent property boundaries and the river's  
edge.  
(d) Existing vegetation, including the location and type.  
(e) Adjacent streets and highways.  
(f) Parking areas.  
(g) Bluff heights.  
(h) Entrances to public streets.  
(i) A description of the building design, including proposed construction  
materials.  
(j) Drainage facilities.  
(k) The location and description of the method to dispose of sanitary wastes.  
Page 66  
(l) Proposed landscaping.  
(m) The location of footpaths.  
(n) Signs proposed, including the size, location, and material.  
(o) North arrow.  
(p) Date of drawing.  
(q) Detailed site location map.  
(r) Any additional information deemed by the zoning administrator or zoning  
review board to be necessary to carry out the administrator's or board's duties.  
Examples of such information include the following:  
(i) Soil types.  
(ii) Topography.  
(iii) Building elevations.  
(iv) Site photographs.  
(v) Anticipated traffic volumes.  
(vi) Traffic circulation patterns.  
(vii) Other pertinent site information.  
(3) A building, structure, or lot for which a zoning permit has been issued shall not  
be occupied, and a use for which a zoning permit has been issued shall not commence,  
until the zoning administrator has, after final inspection, issued a certificate of  
zoning  
compliance  
indicating compliance with all of the provisions of these  
rules. However, the issuance of a certificate of compliance shall not be construed as  
waiving any provision of these rules. A building that is accessory to a dwelling shall  
not require a separate certificate of zoning compliance, but may be included in the  
certificate of zoning compliance for the dwelling if shown on the site plan and if  
completed at the same time as the dwelling. A record of all certificates that are  
issued shall be kept on file in the office of the zoning administrator. Certificates of  
zoning compliance are for the purposes of these rules and shall not be  
interpreted as substitutes for certificates of occupancy that are required by local  
building codes.  
History: 1992 AACS.  
R 281.137 Land use and development standards.  
Rule 7. Land uses within the natural river district are classified as exempt, principal,  
or special uses and are described as follows:  
(a) Exempt uses are uses which are permitted by right and which are not subject to the  
receipt of a zoning permit. Exempt uses include all of the following:  
(i) Private, noncommercial recreation which does not involve permanent structures,  
equipment, or other devices, but which includes camping, boating, fishing, hunting,  
and other similar activities.  
(ii) Reforestation and other accepted forest management practices, subject to the  
limitations specified in R 281.134(6)(b).  
(iii) Agriculture, including general and specialized farming, unless the bureau of  
environmental protection of the Michigan department of natural resources determines  
that such use will significantly contribute to stream degradation.  
Page 67  
(iv) The operation of licensed motor vehicles on dedicated public roads or private roads  
that are designed to provide access to a permitted use.  
(v) The off-road operation of emergency and public utility maintenance vehicles. The  
off-road operation of other motorized vehicles is prohibited in the natural vegetation strip  
as specified in R 281.134(6).  
(vi) Private footpaths that are constructed by the landowner of natural materials to  
facilitate access to permitted uses.  
(vii) Signs, subject to the provisions of R 281.134(7).  
(b) Principal uses are uses which are allowed by right, but which require the  
issuance of zoning permits by the zoning administrator. Principal uses include all of  
the following:  
(i) Single-family dwellings, if all of the following provisions are complied with:  
(A) Only 1 dwelling shall be permitted per lot of record.  
(B) Each lot shall be not less than 50,000 square feet.  
(C) The dwelling lot shall have a minimum average width of 200 feet throughout  
its length.  
(D) Building setback for lots, including all appurtenances and accessory buildings,  
shall be not less than 200 feet from the ordinary high watermark on the main  
stream and 100 feet on the Little Betsie river and Dair creek. The setback may be  
decreased 5 feet for every 1 foot of rise in bank height above 5 feet above the  
ordinary high watermark, to a minimum of 150 feet from the ordinary high  
watermark on the main stream. Buildings and appurtenances shall be set back not less  
than 25 feet from the top of a bluff on the noncutting edge of a stream and not less  
than 50 feet from the top of a bluff on the cutting edge of a stream. Building shall  
not take place on land that is subject to flooding.  
(ii) Accessory buildings that meet the setback requirements of paragraph  
(i) of this subdivision.  
(iii) A private boat dock.  
(iv) Utility lines to service private, single-family dwellings.  
(v) Disposal fields and septic tanks, if all of the following provisions are complied  
with:  
(A) The fields and tanks shall be located not less than 150 feet from the ordinary  
high watermark.  
(B) A septic tank or absorption field shall not be located closer than  
100 feet to any surface or subsurface drainage system that enters into the Betsie river or  
its designated tributaries.  
(C) The bottom of the pit associated with an earth privy shall not be less than 4 feet  
above the known high groundwater table.  
(vi) Mining and extracting industries, if located not less than 300 feet from the  
ordinary high watermark.  
(vii) Residential single-family dwelling plats, if the minimum standards specified in  
paragraph (i) of this subdivision are met.  
(viii) Home occupations.  
(ix) Land alteration, such as grading, dredging, and filling of the land surface, unless  
the high groundwater table is within 4 feet of the existing natural land surface.  
Page 68  
(c) The Betsie river natural river plan and these rules recognize that certain types of  
residential, recreational, and commercial uses may be appropriate for the natural  
river district that have not been identified under the exempt and principal uses  
provisions of this rule. Such uses may result in intensities of development and use  
higher than would be anticipated under the exempt and principal uses. To ensure that  
such uses do not contravene the goals and objectives of the Betsie river natural river  
plan and these rules such uses shall be referred to as special uses and shall be subject  
to the review and approval of the zoning review board. Special uses and their  
development standards include all of the following:  
(i) Detached rental cabins, if all of the following provisions are complied with:  
(A) The number of cabins permitted shall be based on the rate of 1 cabin per 200 feet  
of river frontage. Clustering of rental cabins is encouraged; however, the ratio of 1  
cabin per 200 feet of river frontage shall not be exceeded.  
(B) Each cabin and all associated buildings, structures, or other related devices  
shall be set back a minimum 200 feet from the ordinary high watermark.  
(C) Fences and greenbelts may be required by the zoning review board for rental  
cabins that are adjacent to existing residential uses. Fencing shall be constructed of  
natural material. Greenbelts shall consist of plant material that is indigenous to the  
area or as approved by the zoning review board.  
(D) Boat docks may be erected for the private use of occupants of the rental cabins  
and their guests. Docks shall be in compliance with the requirements of R 281.134  
and both of the following provisions:  
(1) Docks may be constructed at the rate of 1 dock for each permitted rental cabin.  
(2) Access to a dock or docks shall be along  
minimize disruption of the natural vegetation strip.  
a
single designated footpath to  
(ii) Campgrounds, including tents, travel trailers, campers, and motor homes, with  
associated noncommercial buildings, cement pads, and utility hookups, if all of the  
following provisions are complied with:  
(A) Campgrounds shall be constructed and maintained in accordance with all  
applicable state regulations.  
(B) A commercial enterprise shall not be permitted to operate in the campground  
within the natural river district, except that a convenience goods shopping building  
that is not more than 1,500 square feet may be provided. The building shall not be  
more than 1 story in height.  
(C) Each site and all associated buildings, structures, and other related devices  
shall be set back a minimum of 200 feet from the ordinary high watermark.  
(D) Fences and greenbelts may be required by the zoning review board for  
campgrounds that are adjacent to existing residential uses. Fencing shall be constructed  
of natural material. Greenbelts shall consist of plant material that is indigenous to  
the area or as approved by the zoning review board.  
(E) A camping site shall not have more than 4 sites per acre. Clustering of campsites is  
encouraged; however, the ratio of 4 sites per acre shall not be exceeded.  
(F) Boat docks may be erected for the private use of the occupants of the campsites  
and their guests if both of the following provisions are complied with:  
(1) The total number of docks shall not be more than 1 dock for each 200 feet of river  
frontage.  
Page 69  
(2) Access to the dock or docks shall be along a single designated footpath to  
minimize disruption of the natural vegetation strip.  
(iii) Canoe, boat, and other watercraft liveries, if all of the following provisions  
are complied with:  
(A) Parked vehicles and off-season canoe and boat storage areas shall not be visible  
from the river.  
(B) Boat docks may be erected at the ratio of 1 dock per 200 feet of river frontage.  
(C) Other than the rental of watercraft, other commercial enterprises shall not be  
permitted to operate.  
(D) A rental office which is associated with the operation of the livery and which does  
not have more than 225 square feet may be constructed. The building shall not be more  
than 1 story in height.  
(E) Access to the dock or docks or place of river entry from the canoe or boat rental  
office shall be along a single designated footpath to minimize disruption of the  
natural vegetation strip.  
History: 1992 AACS.  
R 281.138 Application and approval; procedures and standards; principal uses  
and special uses.  
Rule 8. (1) An application for a principal use shall be submitted and processed under  
the following procedures:  
(a) An application for a principal use shall be made on an application form that is  
available from the zoning administrator and shall be returned to the zoning administrator.  
A completed application shall contain all of the following information:  
(i) A completed application form that is signed by the applicant or the applicant's  
representative.  
(ii) Two copies of a site plan that meets the requirements of R 281.136(2).  
(iii) Evidence of ownership or a legal interest in the property that is affected by the  
application for a principal use.  
(b) Within 15 days of receipt of an application for a principal use, the zoning  
administrator shall notify the applicant of the need for additional information.  
(c) Within 30 days of receipt of a completed application, the zoning administrator  
shall issue or deny a permit. If a permit is denied, notice of the denial, together with the  
reasons for the denial, shall be sent to the applicant.  
(d) Concurrent with the issuance of a zoning permit, an applicant shall receive a copy  
of the approved site plan.  
(e) Before commencing construction of a principal use, an applicant shall display  
the permit required by these rules face out in a conspicuous place facing the nearest  
street or roadway and shall display it continuously until the purpose for which  
the permit was issued is completed.  
(f) Zoning permits are valid for 1 year and are not transferable. All buildings shall be  
completed within 1 year from the date of issuance of the zoning permit. However, 1  
extension may be authorized by the zoning administrator, in writing, for a period of  
not more than 6 months if conditions pertaining to the issuance of the original  
permit remain unchanged. Application for an extension shall be made before  
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permit expiration. Any subsequent extensions shall have the written approval of the  
zoning review board.  
(2) An application for a special use permit shall be submitted and processed under  
the following procedures:  
(a) An application for a special use permit shall be made on an application form  
that is available from the zoning administrator and shall be returned to the zoning  
administrator. A completed application shall contain all of the following information  
and attachments:  
(i) A completed application form that is signed by the applicant or the applicant's  
representative.  
(ii) Eight copies of a site plan that meets the requirements of R 281.136(2).  
(iii) Evidence of ownership or a legal interest in the property that is affected by the  
application for a special use.  
(iv) A list of all property owners, together with their addresses, who are located  
within 300 feet of the applicant's property which is being considered for a special  
use.  
(b) The application, together with the required attachments, shall be submitted not  
less than 30 days before the meeting of the zoning review board at which the  
application is to be considered.  
(c) The zoning review board shall conduct at least 1 public hearing and shall require  
all of the following notifications of such hearing to be made not less than 5, nor more  
than 15, days before consideration of the special use application:  
(i) One notice shall be published in a newspaper that circulates in the township in  
which the proposal is located.  
(ii) Notice shall be sent by first-class mail or personal delivery to the owners of  
property for which approval is being considered and to all persons who are identified  
in subdivision (a)(iv) of this subrule.  
(iii) Notice shall also be sent to all of the following entities:  
(A) The natural rivers unit of the Michigan department of natural resources.  
(B) Local tax assessing officials.  
(C) Township and county clerks.  
(D) Local building inspectors.  
(d) In considering a special use application, the zoning review board shall require  
that all of the following general standards, in addition to those specific standards  
established for each special use in R 281.137(c), be satisfied:  
(i) That the purposes noted in R 281.132 are accomplished.  
(ii) That a compelling reason exists to locate the proposed use within the district  
boundaries if contiguous property under the same ownership is available outside the  
district.  
(iii) That the proposed use in combination with other existing uses will not be a  
detriment to the public health, safety, and welfare.  
(e) The zoning review board may impose conditions  
deemed  
necessary  
to  
accomplish the general and specific standards applicable to the proposed use.  
(f) The concurring vote of a majority of the members of the zoning review board  
shall be required to approve a special use.  
Page 71  
(g) A special use that is granted by the zoning review board shall be valid for 1 year  
from the date of approval. If construction has not, in the opinion of the zoning  
review board, commenced and proceeded meaningfully at the end of the 1-year  
period, the  
zoning  
administrator shall notify the applicant, in writing, of the  
expiration of the special use approval.  
(h) If it is determined by the zoning review board that the applicant has failed to  
comply with any of the requirements of these rules or the approval granted, the board,  
after a public hearing held in accordance with the provisions of subdivision (c) of  
this subrule, may revoke any special use approval.  
(i) An application for a special use which has been denied by the zoning review board  
shall not be submitted for reconsideration unless, in the opinion of the zoning  
administrator, new and significant facts and conditions exist which might result in  
favorable action upon resubmission.  
(j) Concurrent with the issuance of a special use permit, an applicant shall receive a  
copy of the approved site plan, with conditions, if any.  
(k) Before commencing construction of a special use, an applicant shall display the  
permit required by these rules face out in a conspicuous place facing the nearest street  
or roadway and shall display it continuously until the purpose for which the permit  
was issued is completed.  
History: 1992 AACS.  
R 281.139 Variances and variance hearings.  
Rule 9. (1) A dimensional variance from any standard established in these rules  
may be granted by the zoning review board after  
instances by the zoning administrator as provided in subrule (3) of this rule to allow a  
modification of standard that establishes an area, yard, height, floor space,  
a
public hearing or in certain  
a
frontage, setback, or similar numerical restriction, but only after substantive  
evidence establishes that there are practical difficulties in carrying out the strict  
letter of these rules. A variance shall be permitted only when it is consistent with the  
general purposes and intent of these rules.  
(2) The zoning review board or zoning administrator shall consider all of the  
following factors in determining if there are practical difficulties in carrying out  
the strict letter of these rules as specified in subrule (1) of this rule:  
(a) How substantial the variance is in relation to the zoning requirements.  
(b) Whether a substantial change will be affected in the character of the area or a  
substantial detriment created for adjoining properties.  
(c) Whether the difficulty can be overcome by some feasible method other than a  
variance.  
(d) Whether, in view of the manner in which the difficulty arose, and considering all  
of the factors specified in subdivisions (a) to (c) of this subrule, the interests of  
justice will be served by allowing the variance.  
(e) Whether the plight of the landowner is due to circumstances which are unique to  
his or her property and which are not created by the landowner.  
(f) Whether the variance may result in a material adverse effect on the environment.  
Page 72  
(3) For the purposes of these rules, the required hearing and review of a variance  
request by the zoning review board shall be waived for certain minor dimensional  
variances of principal  
uses,  
including  
legal nonconforming uses. Such  
variances shall be handled by the zoning administrator, who shall consider the  
provisions of subrule (2) of this rule in making a determination. The zoning  
administrator shall prepare a written finding of fact that details the reasons for  
approval or denial of the minor variance request. Minor variances include the  
variances specified in the following provisions:  
(a) Reductions in setbacks for uses on lawful lots that are not more than 25% of the  
normal dimensional requirements. Such uses shall include principal or accessory  
buildings or structures and any portion thereof, including additions, porches, and  
steps.  
(b) Reductions in setbacks for uses on lawful nonconforming lots, including lots  
within subdivisions, that are not more than 25% of the normal dimensional  
requirements. Such uses shall include principal or accessory buildings or structures  
and any portion thereof, including  
additions, porches, and steps. Conditions may be imposed on an applicant before  
granting a variance. Such conditions shall be in writing and signed by the applicant  
before the applicant receives a variance.  
(4) A land use variance is a land or building use in contravention of any of the use  
requirements of these rules. The zoning review board may, after a public hearing,  
grant a variance upon a finding of unnecessary hardship, which may be found upon  
substantial evidence being submitted that all of the following factors exist:  
(a) The property cannot be used in a manner that is consistent with existing zoning.  
(b) The hardship results from the application of these rules to the applicant's  
property.  
(c) The hardship of which the applicant complains is suffered by his or her property  
directly and is not shared by others.  
(d) The hardship is not the result of the applicant's own actions.  
(e) The hardship is peculiar to the applicant's own property.  
(5) In determining whether reasonable use may be made of the property as zoned, a  
reasonable economic return may be a factor which could be considered, but only if  
the applicant is in compliance with the provisions of subrules (1) to (4) of this rule.  
Whether any weight shall be given to the economic return factor shall be dependent on  
a determination that the owner has been deprived of all beneficial use of his or her  
property under existing zoning.  
(6) The zoning review board shall, after finding that unnecessary hardship exists,  
also find that, based on adequate evidence, the proposed use meets all of the following  
conditions:  
(a) The use will be consistent with and in accordance with the general objectives of  
the Betsie river natural river plan.  
(b) The use will be designed, constructed, operated, and maintained so as to be  
consistent with and appropriate in appearance with the existing or intended character  
of the natural river district and that such use will not change the essential character of  
the natural river district.  
Page 73  
(c) The use will be adequately served by existing essential public facilities and  
services, such as highways, police and fire protection, drainage structures, refuse  
disposal, and sanitation facilities, or that the persons or agencies that are responsible  
for the establishment of the proposed use shall be able to adequately provide any such  
service.  
(d) The use will not involve uses, activities, processes, materials and equipment, and  
conditions of operation that will be detrimental to any persons, property, or the  
environmental quality of the district because of the excessive production of noise,  
smoke, fumes, glare, or odors or require the outdoor storage of raw materials or  
discarded materials produced in the use processes.  
(e) The use will be consistent with the intent and purposes of these rules.  
(f) The use or the structures to be used therefor will not cause an overcrowding of  
the land or an undue concentration of population that will result in degradation to the  
river and district.  
(g) The use plot area is sufficient, appropriate, and adequate for the use and the  
reasonable anticipated operation and expansion thereof.  
(7) Upon receipt of an application for a variance, the zoning review board shall  
conduct a hearing on the request, except as provided for in subrule (3) of this rule.  
The hearing and notice procedure shall follow that established for special use  
applications by the provisions of R 281.138(2)(c). A decision shall be made within 30  
days after the hearing to approve or deny the variance request. The zoning review  
board shall keep complete and detailed records of all its proceedings, which shall  
include the minutes of its meetings, its findings, and actions taken on each matter  
heard by it, including the final order. The order shall include the legal description of  
the property involved. Reasons for the decision shall be stated in writing. The board  
shall record the vote of each member on each question. If a member is absent or fails to  
vote, the board shall indicate such fact. All records shall be open for public  
inspection. The concurring vote of a majority of the members of the zoning review  
board shall be necessary to effect a dimensional variance in these rules, except that a  
concurring vote of 2/3 of the members of the board of appeals shall be necessary to grant  
a land use variance permitted in these rules.  
(8) The zoning review board shall not issue a land use variance when the district  
allows the use as a special use.  
(9) The effect of any variance shall be to create a nonconforming land use or  
structure which shall then be subject to the terms of R 281.140, which regulates  
continued use.  
History: 1992 AACS.  
R 281.140 Rifle river system boundaries.  
Rule 90. The boundaries of the Rifle river natural river district shall be as described in  
these rules and as depicted on the certified Rifle river natural river zoning map with an  
effective date of April 24, 1984. The Rifle river natural river zoning district comprises an  
area which is described as follows:  
Page 74  
(a) The mainstream of the Rifle river from and including Mallard pond in section 2,  
R23N, R3E to the northern city limits of Omer in section 10, T19N, R5E, including all  
channels of the mainstream, except the old channels leading into and out of Devoe lake.  
(b) Gamble creek from Heath road in section 25, T24 N, R3E, to Mallard pond.  
(c) Vaughn creek from Heath road in section 27, T24N, R3E, to its confluence with  
Gamble creek.  
(d) Oyster creek from Oyster road in section 22, T24N, R3E, to its confluence with  
Mallard pond.  
(e) Mayhue creek from the pond in section 28, T24N, R3E, to its confluence with Oyster  
creek.  
(f) Houghton creek from Heath road in 30, T24N, R3E, to its confluence with the Rifle  
river.  
(g) Wilkins creek from Campbell road in section 11, T23N, R2E, to its confluence with  
the Rifle river.  
(h) Prior creek from Morrison road in section 19, T23N, R3E, to its confluence with the  
Rifle river.  
(i) Klacking creek from its source in Foose swamp in section 34, T23N, R2E, to its  
confluence with the Rifle river.  
(j) Little Klacking creek from its source in section 26, T23N, R2E, to its confluence  
with Klacking creek.  
(k) Dedrich creek from Gerald Miller road in section 22, T22N, R3E, to its confluence  
with the Rifle river.  
(l) West Branch Rifle river from the outfall of Flowage lake in section 32 T22N, R2E, to  
its confluence with the Rifle river.  
(m) North and south branches of Eddy creek from M-33 in sections 12 and 13, T21N,  
R2E, to its confluence with the Rifle river.  
(n) Silver creek from Elbow lake road in section 11, T21N, R3E, to its confluence with  
the Rifle river.  
(o) Mansfield creek from Melita road in section 30, T21N, R4E, to its confluence with  
the Rifle river.  
(p) Fritz creek from Fritz road in section 34, T20N, R4E, to its confluence with the Rifle  
river.  
(q) All lakes, ponds, impoundments or other surface water bodies not traditionally  
considered rivers, streams or creeks if they are a contiguous part of the stream segments  
listed in subdivisions (a) to (p) of this rule.  
(r) The lands lying within 400 feet of the river's edge as described in subdivisions (a) to  
(q) of this rule.  
History: 1992 AACS; 2013 AACS.  
R 281.141 Rifle river system principal uses; natural vegetation strip.  
Rule 91 (1) A principal use is allowed by right, but requires the issuance of a zoning  
permit by the zoning administrator. A principal use includes all of the following:  
(a) A single-family dwelling or short-term rental facility with all the following  
provisions:  
Page 75  
(i) The minimum building setback shall be not less than 150 feet from the ordinary high-  
water mark on the mainstream and 100 feet on all designated tributaries except as  
described in R 281.57.  
(ii) The setback may be decreased 1 foot for every 1 foot of rise in bank height to a  
minimum of 100 feet from the ordinary high-water mark on the mainstream and to a  
minimum of 75 feet from the ordinary high-water mark on all other designated  
tributaries.  
(iii) A dwelling shall be set back not less than 25 feet from the top of a bluff on the  
noncutting edge of a stream and not less than 50 feet from the top of a bluff on the cutting  
edge of a stream.  
(iv) Building shall not take place on land that is subject to flooding or in any wetland  
area.  
(v) The natural contour of the face and crest of the bluff shall not be altered.  
(vi) The land between the crest of the bluff and the minimum building setback line shall  
not be altered except for minor landscaping activities.  
(b) Accessory buildings and appurtenances that meet the setback and other development  
requirements of subdivision (a) of this subrule.  
(c) One private boat dock per parcel, unless otherwise provided for in these rules,  
subject to the provisions of R 281.57.  
(d) One private river access stairway per parcel, subject to R 281.57.  
(e) Utility lines to service a single-family dwelling or short-term rental facility.  
(f) A disposal field, septic tank, and outhouse, with all the following provisions:  
(i) A septic tank and disposal field must meet local health department standards.  
(ii) A disposal field located not less than 150 feet from the ordinary high-water mark  
and not less than 50 feet from any surface or subsurface drain that discharges into the  
Rifle river or its designated tributaries, and not located within the 100-year floodplain, a  
wetland area, or the natural vegetation strip.  
(iii) A septic tank shall not be closer to the river than the dwelling it serves and shall not  
be located within a wetland area.  
(iv) An outhouse constructed using a watertight waste containment system that allows  
waste to be pumped and hauled to an appropriate disposal site, not located less than 100  
feet from the ordinary high-water mark and any surface or subsurface drain that  
discharges into the Rifle river or its designated tributaries, and not located within the 100-  
year floodplain, a wetland area, or the natural vegetation strip.  
(v) Drywells and earth privies are not permitted unless authorized by the local health  
department, are a minimum of 100 feet from the ordinary high-water mark, and the  
bottom of the pit or seepage bed is at least 4 feet above the seasonal high groundwater  
table.  
(vi) An alternative on-site treatment system that results in a higher level of treatment  
than a conventional system may be located not less than 50 feet from the river’s edge on  
designated tributaries provided no part of the system is in a wetland or the 100-year  
floodplain.  
(vii) Disposal of sludge from any wastewater treatment system is prohibited in the  
natural river district.  
Page 76  
(g) Mining and extracting industries, if all land disturbances, structures, and other  
activities related to the industry are located more than 300 feet from the ordinary high-  
water mark.  
(h) A land division, if any lot created after April 24, 1984, with the following  
provisions:  
(i) Is accessible by a public road or legal easement on at least 1 side of the stream.  
(ii) On the mainstream, has at least 200 feet of river frontage (unless a riverfront  
“common area” subject to a conservation easement is established, or a parcel does not  
have river frontage, in which case this dimension shall be measured at the point of the  
parcel closest to the river) and is at least 200 feet wide at the minimum building setback  
line.  
(iii) On designated tributaries, has at least 150 feet of river frontage, unless a riverfront  
“common area” subject to a conservation easement is established, or a parcel does not  
have river frontage, in which case this dimension shall be measured at the point of the  
parcel closest to the river, and is at least 150 feet wide at the minimum building setback  
line.  
(iv) Contains at least 50,000 square feet of area within the natural river district. Any  
“common area” created or any bottomlands shall not be used in any calculations related  
to minimum parcel area. If a parcel does not have river frontage, and the front line of the  
parcel is greater than 150 feet from the river’s edge at all points, this subdivision does not  
apply, and the minimum parcel width will be measured at the front lot line.  
(v) Has sufficient depth and upland area to accommodate the required building setbacks  
pursuant to this rule.  
(vi) A lot that exists on April 24, 1984, shall not be subdivided or reduced in dimension  
or area below the minimum requirements of this rule. Any lot created after April 24,  
1984, shall meet the minimum requirements of this rule, except as provided in R 281.56.  
(i) Home occupations and home-based occupations, subject to R 281.57.  
(j) Land alteration, subject to R 281.57.  
(k) Bridges, subject to R 281.58.  
(l) Forest management activities within the natural vegetation strip, subject to R 281.57.  
(m) A boardwalk that meets the minimum building setback requirements in this  
subdivision and a boardwalk associated with a footpath to the river’s edge, subject to R  
281.57.  
(n) Bank stabilization and fisheries habitat improvement activities, subject to R 281.57.  
(2) Within the Rifle river natural river district, a natural vegetation strip that includes the  
river and all lands within 75 feet of the ordinary high-water mark shall be maintained on  
each side of the Rifle river mainstream. A restrictive cutting belt that includes the river  
and all lands within 50 feet of the ordinary high-water mark shall be maintained on each  
side of designated tributaries. Cutting in the natural vegetation strip is subject to R  
281.57.  
History: 1992 AACS; 2013 AACS.  
R 281.142 Appeals; contested cases.  
Rule 12. An aggrieved party who contests the decision of the zoning administrator  
or zoning review board shall be granted a hearing if a petition is filed with the  
Page 77  
director within 60 days after notice of disapproval is received. The hearing shall be  
conducted pursuant to the provisions for contested cases of Act No. 306 of the Public  
Acts of 1969, as amended, being S24.201 et seq. of the Michigan Compiled Laws,  
and R 299.3071 to R 299.3081.  
History: 1992 AACS.  
R 281.143 Violations; effect; remedies.  
Rule 13. (1) After the effective date of these rules, a building or structure or land  
shall not be used or occupied, and a building or structure or part thereof shall  
not be erected, constructed,  
reconstructed, moved, or structurally altered, unless the building, structure, or land  
is in compliance with the provisions of these rules. A permit or variance shall not be  
approved, and action shall not be taken, if approval of the permit or variance or the  
action taken violates the provisions of these rules. The commission shall not waive  
any of its rights or remedies against any person who violates these rules if the  
violations were committed in reliance on an authorization erroneously given in  
violation of any provision of these rules. Any authorized permit, variance, or action that  
is contrary to the provisions of these rules is deemed invalid from the date of the  
authorization.  
(2) In addition to all other remedies, the commission may institute appropriate  
action or proceedings to prevent, restrain, correct, or abate rule violations or threatened  
violations.  
History: 1992 AACS.  
R 281.144 Boundaries and permitted uses; changes, amendments, and  
supplements; precedence of local zoning ordinance over rules.  
Rule 14. (1) The commission may make changes,  
amendments,  
and  
supplements to boundaries and to permitted uses requested by a local unit of government  
or by a landowner following a hearing held pursuant to the provisions of sections 71  
to 87 of Act No. 306 of the Public Acts of 1969, as  
amended, being SS24.271 to 24.287 of the Michigan Compiled Laws, if  
implementation of the change, amendment, or supplement does not contravene the  
purposes of these rules as specified in R 281.132.  
(2) Copies of any changes, supplements to boundaries, or adopted amendments  
shall be sent to all of the following entities:  
(a) The county register of deeds.  
(b) Township and county clerks.  
(c) The local building inspector.  
(d) Local soil erosion and sedimentation control enforcement agencies.  
(e) The soil conservation district.  
(3) Upon approval by the director, a local zoning ordinance that meets all of the  
requirements of Act No. 231 of the Public Acts of 1970, being S281.761 et seq. of the  
Michigan Compiled Laws, Act No. 184 of the Public Acts of 1943, as amended, being  
Page 78  
S125.271 et seq. of the Michigan Compiled Laws, or Act No. 183 of the Public Acts  
of 1943, as amended, being S125.101 et seq. of the Michigan Compiled Laws,  
whichever  
is  
applicable, shall take precedence over these rules. If the director  
withdraws his or her approval of a local zoning ordinance, or if the local  
ordinance becomes inapplicable to the land area encompassed by the Betsie river  
natural river district through court action or for any other reason, these rules shall  
apply.  
History: 1992 AACS.  
R 281.145 Rescission.  
Rule 15. R 281.31 to R 281.41 of the Michigan Administrative Code, appearing on  
pages 828 to 836 of the 1979 Michigan Administrative Code, are rescinded.  
History: 1992 AACS.  
R 281.150 Flat river system boundaries.  
Rule 100. The boundaries of the Flat river natural river district shall be as described in  
these rules and as depicted on the certified Flat river natural river zoning map with an  
effective date of June 21, 1984. The Flat river natural river zoning district comprises an  
area which is described as follows:  
(a) The mainstream of the Flat river from the M-46/M-66 bridge in section 15, T12N,  
R7W to the northern limits of the city of Lowell in section 35, T7N, R9W, excluding  
those portions that flow through the incorporated city limits of Greenville and Belding.  
(b) West Branch creek from its source in section 18, T11N, R8W to its confluence with  
the Flat river.  
(c) Clear creek from Lincoln lake avenue in section 27, T10N, R9W to its confluence  
with Coopers creek.  
(d) Coopers creek from Lincoln lake avenue, in section 34, T10N, R9W to its  
confluence with the Flat river.  
(e) Wabasis creek from Mills avenue in section 24, T9N, R9W to its confluence with the  
Flat river.  
(f) Dickerson creek from Sidney road section 18, T10N, R7W to its confluence with the  
Flat river.  
(g) All lakes, ponds, impoundments or other surface water bodies not traditionally  
considered rivers, streams or creeks if they are a contiguous part of the stream segments  
listed in subdivisions (a) to (f) of this rule.  
(h) The lands lying within 400 feet of the river's edge as described in subdivisions (a) to  
(g) of this rule.  
History: 2013 AACS.  
R 281.151 Flat river system principal uses; natural vegetation strip.  
Page 79  
Rule 101 (1) A principal use is allowed by right, but requires the issuance of a zoning  
permit by the zoning administrator. A principal use includes all of the following:  
(a) A single-family dwelling or short-term rental facility with all the following  
provisions:  
(i) The minimum building setback shall be not less than 100 feet from the ordinary  
high-water mark on the mainstream and all designated tributaries, except as described in  
R 281.56 (7), or shall be not less than 25 feet from the 100-year floodplain line,  
whichever is the greater distance from the river’s edge.  
(ii) A dwelling shall be set back not less than 50 feet from the top of a bluff.  
(iii) Building shall not take place on land that is subject to flooding or in any wetland area.  
(iv) The natural contour of the face and crest of the bluff shall not be altered.  
(v) The land between the crest of the bluff and the minimum building setback line shall  
not be altered except for minor landscaping activities.  
(b) Accessory buildings and appurtenances that meet the setback and other development  
requirements of subdivision (a) of this subrule.  
(c) One private boat dock per parcel, unless otherwise provided for in these rules,  
subject to R 281.57.  
(d) One private river access stairway per parcel, subject to R 281.57.  
(e) Utility lines to service a single-family dwelling or short-term rental facility.  
(f) A disposal field, septic tank, and outhouse, with the following provisions:  
(i) A septic tank and disposal field meet local health department standards.  
(ii) A disposal field located not less than 100 feet from the ordinary high-water mark on  
the mainstream and all designated tributaries and not less than 100 feet from any surface  
or subsurface drain that discharges into the Flat river or its designated tributaries, and  
shall not be located within the 100-year floodplain, a wetland area, or the natural  
vegetation strip.  
(iii) The septic tank shall not be closer to the river than the dwelling it serves and shall  
not be located within a wetland area.  
(iv) An outhouse constructed using a watertight waste containment system that allows  
waste to be pumped and hauled to an appropriate disposal site, located not less than 100  
feet from the ordinary high-water mark and any surface or subsurface drain that  
discharges into the Flat river or its designated tributaries, and not located within the 100-  
year floodplain, a wetland area, or the natural vegetation strip.  
(v) Drywells and earth privies are not permitted unless authorized by the local health  
department, are a minimum of 100 feet from the ordinary high water mark, and the  
bottom of the pit or seepage bed is at least 4 feet above the seasonal high groundwater  
table.  
(vi) An alternative on-site treatment system that results in a higher level of treatment  
than a conventional system may be located not less than 50 feet from the river’s edge on  
designated tributaries, provided no part of the system is in a wetland or the 100-year  
floodplain.  
(vii) Disposal of sludge from any wastewater treatment system is prohibited in the  
natural river district.  
(g) Mining and extracting industries, if all land disturbances, structures, and other  
activities related to the industry are located more than 300 feet from the ordinary high-  
water mark.  
Page 80  
(h) A land division, if any lot created after June 21, 1984, with all the following  
provisions:  
(i) Is accessible by a public road or legal easement on at least 1 side of the stream.  
(ii) Has at least 100 feet of river frontage, unless a riverfront “common area” subject to  
a conservation easement is established, or a parcel does not have river frontage, in which  
case this dimension shall be measured at the point of the parcel closest to the river, and is  
at least 100 feet wide at the minimum building setback line.  
(iii) Contains at least 30,000 square feet of area within the natural river district. Any  
“common area” created or any bottomlands shall not be used in any calculations related  
to minimum parcel area. If a parcel does not have river frontage, and the front line of the  
parcel is greater than 150 feet from the river’s edge at all points, this subdivision does not  
apply, and the minimum parcel width will be measured at the front lot line.  
(iv) Has sufficient depth and upland area to accommodate the required building setbacks  
pursuant to the standards in this rule.  
(v) A lot that exists on June 21, 1984, shall not be subdivided or reduced in dimension  
or area below the minimum requirements of this rule. Any lot created after June 21,  
1984, shall meet the minimum requirements of this rule, except as provided in R 281.56.  
(i) Home occupations and home-based occupations, subject to R 281.57.  
(j) Land alteration, subject to R 281.57.  
(k) Bridges, subject to R 281.58.  
(l) Forest management activities within the natural vegetation strip, subject to R 281.57.  
(m) A boardwalk that meets the minimum building setback requirements in this  
subdivision and a boardwalk associated with a footpath to the river’s edge, subject to R  
281.57.  
(n) Bank stabilization and fisheries habitat improvement activities, subject to R 281.57.  
(2) Within the Flat river natural river district, a natural vegetation strip that includes the  
river and all lands within 25 feet of the ordinary high-water mark shall be maintained on  
each side of the Flat river mainstream and all designated tributaries. Cutting in the  
natural vegetation strip is subject to R 281.57.  
History: 1981 AACS; 2013 AACS.  
R 281.152 Purpose.  
Rule 2. The commission, on its own motion, in order to implement the intent of Act  
No. 231 of the Public Acts of 1970, being S281.761 et seq. of the Michigan  
Compiled Laws, and in the absence of local zoning to protect the Huron river, a  
designated natural river, promulgates these zoning rules whose purposes are as  
follows:  
(a) To promote the public health, safety, and general welfare, to prevent economic  
and ecological damage due to unwise development patterns within the natural river  
district, and to preserve the values of the natural river district for the benefit of  
present and future generations.  
(b) To protect the free-flowing condition, fish and wildlife resources, water quality,  
scenic and aesthetic qualities, and historical and recreational values of the Huron  
river and adjoining land.  
Page 81  
(c) To prevent flood damage due to interference with natural  
floodplain  
characteristics by excluding developments which are vulnerable to flood damages and  
which may reduce the capacity of the floodway of the river to withstand flooding  
conditions.  
(d) To provide for residential and other compatible, permitted uses that complement  
the natural characteristics of the natural river system.  
(e) To protect individuals from investing funds in structures proposed for location on  
lands unsuited for such development because of high groundwater, erosion, or  
vulnerability to flood damage.  
History: 1981 AACS.  
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,  
Page 82  
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.  
History: 1981 AACS.  
R 281.154 Zoning permits; application; additional requirements.  
Rule 4. (1) A person shall not commence excavation, erection, alteration, or  
repair on a building or structure, or commence a land use, until a zoning permit has  
been obtained from the zoning administrator. If the alteration or ordinary maintenance  
made on a dwelling does not change the character of the structure or land use, and if  
the total cost does not exceed 5% of the market value of the structure in any 12-month  
period, the owner of the structure or land is exempt from obtaining a zoning permit,  
Page 83  
but may be required to obtain a local building permit from the appropriate local  
building inspector.  
(2) A written application for a zoning permit shall be filed with the zoning  
administrator. All of the following information shall be submitted with an application  
for a zoning permit:  
(a) Two copies of a site plan which give accurate dimensions on either a scale drawing  
or a rough sketch and which contain all of the following information:  
(i) The location on the lot of all existing and proposed structures.  
(ii) The existing or intended use of the structure.  
(iii) The generalized vegetative cover.  
(iv) The lines and dimensions of the lot to be used.  
(b) Evidence of ownership of all property that is affected by the coverage of the  
permit.  
(c) Evidence that all required federal, state, county, and township licenses or  
permits have been acquired, or that applications have been filed for the required  
licenses or permits.  
(d) Other information, as required by the zoning administrator, which is necessary to  
carry out the intent and provisions of these rules.  
(3) One copy of both the plans and the specifications shall be filed and retained by the  
zoning administrator, and the other copy shall be delivered to the applicant when  
the zoning administrator has approved the application, completed the site inspection,  
and issued the zoning permit.To insure that new land uses in the natural river  
district  
are  
in conformance with these rules, before beginning construction or  
commencing a land use, the applicant shall display the permit required by these rules  
face out in a conspicuous place facing the nearest street or roadway and shall display it  
continuously until the purpose for which the permit was issued is completed. Failure to  
obtain and display a permit is a violation of these rules.  
(4) Within 30 days of receipt of a completed application, the zoning administrator  
shall render a decision to issue or deny a permit. If a permit is denied, notice of the  
denial, together with the reasons for the denial, shall be sent to the applicant.  
(5) Zoning permits are valid for 1 year and are not transferable. All buildings shall  
be completed within 1 year from the date of issuance of the zoning permit. However,  
1 extension may be authorized by the zoning administrator, in writing, for a period of  
time not to exceed 6 months. Any subsequent extensions shall have the written  
approval of the zoning review board.  
History: 1981 AACS.  
R 281.155 Subdivision of land; plats with preliminary approval.  
Rule 5. (1) A lot that exists on the effective date of this rule, or amendment thereto,  
shall not be subdivided or reduced in dimension or area below the minimum  
requirements of these rules. Lots that are created after the effective date of this rule  
shall meet the minimum requirements of these rules, except as provided in subrule  
(2) of this rule.  
(2) Proposed lots which have preliminary plat approval pursuant to Act No. 288 of  
the Public Acts of1967, as amended, being S560.101 et  
seq. of the Michigan  
Page 84  
Compiled Laws, but which do not meet the dimensional requirements of these  
rules on their effective date shall, on final plat approval, be issued a permit subject to  
the requirements provided in R 281.159.  
History: 1981 AACS.  
R 281.156 Permitted uses.  
Rule 6. (1) The following uses are permitted by the owner upon the owner's  
property within the natural river district, subject to the limitations and  
requirements outlined in these zoning rules, local ordinances, and other applicable  
statutes:  
(a) Private camping and other recreational activities which do not require the  
installation of permanent structures and which are outside of the natural vegetation  
strip.  
(b) The operation of watercraft, subject to the limitations of local ordinances  
established under the authority of Act No. 303 of the Public Acts of 1967, as  
amended, being S281.1001 et seq. of the Michigan Compiled Laws.  
(c) Fishing and hunting in compliance with existing laws and rules.  
(d) Reforestation and other accepted forest management practices, subject to the  
limitations outlined in R 281.157.  
(e) Normal agricultural activities, if the activities meet the requirements of these  
rules, and if the bureau of environmental protection of the department of natural  
resources determines that such activities do not contribute to stream degradation.  
(f) The operation of licensed motor vehicles on dedicated public roads or access roads  
to private single-family dwellings.  
(g) Off-road operation of emergency and public utility maintenance vehicles.  
(h) Private footpaths that are constructed by the landowner of natural materials to  
facilitate permitted uses.  
(2) The following uses are permitted upon prior approval of the zoning administrator:  
(a) One single-family dwelling and appurtenances on a lot not less than 150 front-feet  
wide, subject to the following limitations:  
(i) On the designated portion of the mainstream, new buildings and appurtenances  
shall be required to set back a minimum of 125 feet from the ordinary high-water mark,  
except that the setback may be decreased 10 feet for every 10-foot rise in bank height to  
a minimum of 75 feet from the ordinary high-water mark.  
(ii) On the sections of Arms, Davis, and Mill creeks within the natural river zoning  
district, new buildings and appurtenances shall be required to set back a minimum of 50  
feet from the ordinary high-water mark.  
(iii) New structures shall be set back not less than 50 feet from the top of the bluff  
on the cutting edges of the river and tributaries, or 25 feet from the top of the bluff on  
the noncutting edge of the stream.  
(iv) Setback shall be not less than 15 feet from side lot lines and not less than 25 feet  
from the right-of-way of a public road.  
(v) New structures shall not be located on land that is subject to flooding.  
(b) Plats, if the minimum setbacks and lot width requirements specified in subdivision  
(a) of this subrule are met.  
Page 85  
(c) Private boat docks that are not more than 6 feet in width or 20 feet in length, with not  
more than 4 feet of the dock extending over the water, if they are designed,  
constructed, and maintained with indigenous natural materials, and if a permit is  
issued under the authority of Act No. 346 of the Public Acts of 1972, being S281.951 et  
seq. of the Michigan Compiled Laws.  
(d) Mining and extracting industries which are located more than 300 feet from the  
ordinary high-water mark, if they are constructed and operated pursuant to  
applicable local ordinances and state laws and rules.  
(e) Utility lines to service private single-family dwellings.  
(f) Utility transmission lines on lands or interests in real property which are  
continuously owned by a utility from January 1, 1971, subject to review and approval  
by the commission.  
(g) Disposal fields and septic tanks which are located not less than 125 feet from the  
ordinary high-water mark or on lands that are not subject to flooding, whichever  
distance is greater, and which are in conformance with local county health codes and  
these rules. In addition, a septic tank or absorption field shall not be closer than 50  
feet to any surface or subsurface drainage system emptying into the Huron river or  
its designated tributaries.  
(h) Land alteration, such as grading, dredging, and filling of the land surface, unless  
the high-groundwater table is within 6 feet of the land surface, if the activities meet  
all of the provisions of Act No. 347 of the Public Acts of 1972, as amended, being  
S282.101 et seq. of the Michigan Compiled Laws, and Act No. 346 of the Public Acts  
of 1972, being S281.951 et seq. of the Michigan Compiled Laws, and if approval is  
granted by the local soil erosion and sedimentation control enforcement agency and the  
department of natural resources.  
(i) Signs and outdoor advertising devices shall meet all of the following  
requirements:  
(i) They shall be related to permitted uses.  
(ii) For residential uses, signs shall not be larger than 1 square foot in area and shall not  
be posted more than 1 per 100 feet or 1 sign at the upstream and downstream corner  
of the 1 lot; however, 1 temporary real estate "for sale" sign which does not exceed 4  
square feet in area shall be allowed on a parcel of land.  
(iii) For commercial uses, 1 sign per establishment which does not exceed 4 square  
feet is allowed.  
(iv) They shall not be illuminated by a neon light or flashing device.  
(v) They shall not be attached to a tree or shrub.  
(j) Other uses for which an applicant is granted a permit by the zoning administrator  
pursuant to R 281.158, R 281.159, and R 281.161.  
History: 1981 AACS.  
R 281.157 Natural vegetation strip.  
Rule 7. Within the natural river district, a 50-foot minimum restrictive cutting belt  
shall be maintained on each side of the mainstream of the Huron river and on Arms,  
Davis, and Mill creeks. Trees and shrubs may be pruned for a filtered view of the  
river upon approval of the zoning administrator or the area forester, but clear  
Page 86  
cutting in the natural vegetation strip is prohibited. The natural vegetation strip is  
also subject to both of the following provisions:  
(a) Dead, diseased, unsafe, or fallen trees and noxious plants and shrubs, including  
poison ivy, poison sumac, and poison oak, may be removed.  
(b) Selected removal or trimming of trees for timber harvest, access or woodlot  
improvement, landscaping, or public utility lines to service private single-family  
dwellings is permitted upon approval of the area forester or zoning administrator.  
History: 1981 AACS.  
R 281.158 Special exception permits.  
Rule 8. (1) Special exception permits may be granted to allow a use in the natural  
river district which is specifically permitted by R 281.156, if implementation of that use  
does not contravene the purposes of these rules as specified in R 281.152.  
(2) Application for a special exception permit shall be made on a form provided by  
the zoning administrator.  
(3) Upon reviewing an application for a special exception permit, the zoning review  
board, at any time before rendering a decision thereon, shall require the applicant to  
furnish all of the following information which the zoning review board deems  
necessary for determining the suitability of the particular site for the proposed use:  
(a) A detailed description of the proposed activity or use.  
(b) A surface view plan which gives accurate dimensions on either a scale drawing  
or a rough sketch and which shows all of the following:  
(i) Elevations or contours of the ground, including existing earth fills.  
(ii) Generalized vegetative cover.  
(iii) The size, location, and spatial arrangement of all proposed and existing  
structures on the site.  
(iv) The location and elevations of streets, access roads, and water supply and  
sanitary facilities.  
(c) Photographs that show existing land uses and vegetation upstream and downstream  
from the proposed use.  
(d) Valley cross sections that show the natural stream channel, streambanks,  
high-water marks, flood marks, if known, and locations of proposed developments.  
(e) All other information which is deemed relevant by the zoning administrator  
and which is necessary to carry out the intent and provisions of these rules.  
(4) Before considering applications, the zoning review board shall give notice, by  
certified mail, to all of the following:  
(a) Property owners whose property is within 500 feet of the proposed use as shown  
on the current tax assessment rolls.  
(b) The appropriate local officials and department of natural resources personnel,  
including all of the following:  
(i) The township supervisor.  
(ii) The township building inspector.  
(iii) The county health officer.  
(iv) The local soil erosion and sedimentation control enforcement agency.  
(v) County and township planning and zoning officials.  
Page 87  
(vi) The soil conservation service.  
(vii) The regional office and natural rivers section of the department of natural  
resources.  
(viii) The Huron river watershed council.  
(c) Any other interested parties who request that they  
applications in the natural river district.  
be  
notified  
of such  
(5) In reviewing an application, the zoning review board shall consider all of the  
following:  
(a) All relevant factors specified in these rules in light of the spirit and intent of the  
purposes specified in R 281.152.  
(b) The economic effect of the subject property weighed in light of the applicant's  
entire contiguous holdings and not merely the portion within the natural river district.  
If the subject portion is the remainder of a larger holding, this fact, together with a  
description of the title history, shall be included in the hearing evidence.  
(c) Increases in flood levels and flood damages that may be occasioned by the  
proposed use at the site and upstream and downstream from the site, water quality  
consequences, and other relevant factors within the terms of these rules.  
(d) The cumulative effect upon the natural river district from the potential  
development of holdings in a legal position similar to the applicant's, if the  
applicant's request is approved by the zoning review board.  
(e) Reasonable alternatives that are available to the applicant.  
(6) In weighing the applicant's request, consideration of public health, safety, and  
welfare shall prevail, unless private injury is proven by a preponderance of the  
evidence to be so great as to override the public interest.  
(7) A requested use shall not be granted if the zoning review board determines that  
the requested use poses a substantial hazard to life or to public or private property  
rights.  
(8) The zoning review board may require public hearings to be held regarding the  
application. The zoning review board shall decide on an application within 30 days  
after its receipt, except that if public hearings are held or if additional information  
is required pursuant to subrule (3) of this rule, the zoning review board shall render a  
decision within 30 days following the hearings or upon receipt of the last  
requested item of information.  
(9) The zoning review board shall attach such conditions to the granting of a special  
exception permit as are necessary to further the purposes of these rules.  
(10) A special exception use shall adhere strictly to the terms of the special exception  
permit. A special exception permit that does not adhere strictly to the terms of the  
permit may be revoked by the zoning administrator.  
History: 1981 AACS.  
R 281.159 Substandard lots of record.  
Rule 9. (1) The zoning administrator, in compliance with the terms of this subrule,  
shall grant a permit if, because of either of the following circumstances, a proposed  
structure cannot be erected on a lot of record or a lot described in a deed or land  
contract executed and delivered before the effective date of this rule:  
Page 88  
(a) The lot is of insufficient width, depth, or area.  
(b) Physical limitations exist on an existing lot or parcel.  
(2) The zoning administrator shall ensure that all structures are located to best  
meet the objectives and purposes of these rules, the adopted Huron river natural  
river plan, and Act No. 231 of the Public Acts of 1970, being S281.761 et seq. of the  
Michigan Compiled Laws.  
(3) The zoning administrator shall determine if a proposed structure on a lot of record  
or on a lot described in a deed or land contract executed and delivered before the  
effective date of these rules cannot conform to the standards listed in R 281.156(2)(a)  
and is, therefore, ineligible for consideration for use under R 281.156.  
(4) A written application for a zoning permit on a lot of record shall be filed with the  
zoning administrator. The same information required in R 281.154(2) shall be  
submitted with an application.  
(5) The zoning administrator shall grant a zoning permit for the use of a substandard  
lot of record only upon a showing of all of the following:  
(a) Granting the permit is not contrary to the public interest.  
(b) The permit does not allow the establishment of a use not otherwise permitted by  
these rules.  
(c) The permit applies only to the property under the control of the applicant.  
(d) The practical difficulties claimed by the applicant are not the result of actions  
taken by the applicant.  
(e) Granting the permit poses no substantial hazard to life or to public or private  
property rights, secures public safety, and does substantial justice.  
(f) Granting the permit will not result in an increase of flood levels or risk of flood  
damage to other lands.  
(g) The lot shall be developed pursuant to department of natural resources  
requirements under Act No. 245 of the Public Acts of 1929, as amended, being  
S323.1 et seq. of the Michigan Compiled Laws.  
(h) Use of the lot will not significantly impair existing water quality, vegetative cover,  
fisheries, or wildlife habitat or increase the risk of erosion.  
(i) The substandard lot size shall be the minimum dimensional reduction necessary to  
achieve a reasonable use of the land, after evaluation of alternative dimensional  
arrangements and permitted land uses available to the applicant, given the peculiar  
characteristics of the lot and circumstances surrounding the request. Alternatives  
shall be examined in light of the applicant's entire contiguous holdings and not  
merely a single lot or the portion within the natural river area. If dimensional  
requirements may be more nearly met through lot combination of contiguous holdings,  
the zoning administrator may so require.  
(j) The permit provides that no fill shall be placed within the natural vegetation strip  
and that the approval of both the appropriate county or district health department and  
the soil erosion and sedimentation control enforcement agency shall be secured.  
(k) The permit provides conditions necessary to insure proper development of  
the substandard lot pursuant to these rules.  
(6) A special exception permit is required if a dimensional reduction of more than  
50% of any of the standards listed in  
R
281.156(2)(a) is necessary to achieve  
Page 89  
reasonable use of the land. The zoning review board shall base its decision upon the  
standards set forth in R 281.158(5).  
(7) The zoning administrator may confer with, and seek the advice of, the zoning  
review board, personnel of the Michigan department of natural resources, and other  
federal, state and local officials to determine the possible effects of, and a suitable  
location for, a proposed structure.  
(8) One copy of the plans, specifications, and the zoning permit, with conditions  
attached, shall be filed and retained by the zoning administrator, and another  
copy of each shall be delivered to the applicant when the zoning administrator has  
approved the application, completed the site inspection, and issued a zoning permit.  
(9) The applicant may appeal any decision of the zoning administrator or any  
conditions attached to a zoning permit to the zoning review board.  
History: 1981 AACS.  
R 281.160 Pigeon river system boundaries.  
Rule 110. The boundaries of the Pigeon river natural river district shall be as described  
in these rules and as depicted on the certified Pigeon river natural river zoning map with  
an effective date of February 13, 1985. The Pigeon river natural river zoning district  
comprises an area that is described as follows:  
(a) The mainstream of the Pigeon river from its source in section 30, T31N, R2W to the  
Hackleburg road (East Mullett Lake road) bridge.  
(b) Unnamed stream from its source in section 31, T31N, R2W to its confluence with  
the Pigeon river.  
(c) Unnamed stream from its source in section 30, T31N, R2W to its confluence with  
the Pigeon river.  
(d) Unnamed stream from its source in section 5, T30N, R2W to its confluence with the  
Pigeon river  
(e) Unnamed stream from its source in section 28, T31N, R2W to its confluence with  
the Pigeon river.  
(f) Slade creek from its sources in sections 27, 34 and 35, T31N, R2W to its confluence  
with the Pigeon river  
(g) Duck creek from the south line of section 2, T30N, R2W to its confluence with the  
Pigeon river.  
(h) Unnamed stream from its source in section 24, T31N, R2W to its confluence with  
the Pigeon river.  
(i) Grass lake outlet from the outlet of Grass lake in section 5, T32N, R1W to its  
confluence with the Pigeon river.  
(j) Unnamed stream from its source in section 29, T33N, R1W to its confluence with the  
Pigeon river.  
(k) Cornwall creek from its source in section 35, T33N, R1W to its confluence with the  
Pigeon river.  
(l) Grindstone creek from its source in section 17, T33N, R1W to its confluence with the  
Pigeon river.  
(m) McIntosh creek from its sources in sections 28 and 33, T34N, R1W to its  
confluence with the Pigeon river.  
Page 90  
(n) Nelson creek from its source in section 29, T33N, R1W to its confluence with the  
Pigeon river.  
(o) The Little Pigeon river from its source in section 1, T32N, R2W to its confluence  
with the Pigeon river.  
(p) Molby creek from its sources in sections 24 and 25, T33N, R2W to its confluence  
with the Little Pigeon river.  
(q) Burrows creek from its source in section 14, T33N, R2W to its confluence with the  
Little Pigeon river.  
(r) Unnamed stream from its source in section 12, T33N, R2W to its confluence with the  
Little Pigeon river.  
(s) Unnamed stream from its source in section 23, T34N, R2W to its confluence with  
the Pigeon river  
(t) Wilkes creek from its source in section 16, T34N, R1W to its confluence with the  
Pigeon river.  
(u) All lakes, ponds, impoundments or other surface water bodies not traditionally  
considered rivers, streams or creeks if they are a contiguous part of the stream segments  
listed in subdivisions (a) to (t) of this rule.  
(v) The lands lying within 400 feet of the river's edge as described in subdivisions (a) to  
(u) of this rule.  
History: 1981 AACS; 2013 AACS.  
R 281.161 Pigeon river system principal uses; natural vegetation strip.  
Rule 111. (1) A principal use is allowed by right, but requires the issuance of a zoning  
permit by the zoning administrator. A principal use includes all of the following:  
(a) A single-family dwelling or short-term rental facility with all the following  
provisions:  
(i) The minimum building setback not less than 200 feet from the ordinary high-water  
mark on the mainstream and 150 feet on all designated tributaries, except as described in  
R 281.57.  
(ii) A dwelling set back not less 50 feet from the top of a bluff.  
(iii) Building shall not take place on land that is subject to flooding or in any wetland  
area.  
(iv) The natural contour of the face and crest of the bluff shall not be altered.  
(v) The land between the crest of the bluff and the minimum building setback line shall  
not be altered except for minor landscaping activities.  
(b) Accessory buildings and appurtenances that meet the setback and other development  
requirements of subdivision (a) of this subrule.  
(c) One private boat dock per parcel, unless otherwise provided for in these rules,  
subject to R 281.57.  
(d) One private river access stairway per parcel, subject to R 281.57.  
(e) Utility lines to service a single-family dwelling or short-term rental facility.  
(f) A disposal field, septic tank, and outhouse, with all the following provisions:  
(i) The septic tank and disposal field meet local health department standards.  
(ii) The disposal field shall be located not less than 150 feet from the ordinary high-  
water mark on the mainstream and all designated tributaries and not less than 50 feet  
Page 91  
from any surface or subsurface drain that discharges into the Pigeon river or its  
designated tributaries, and shall not be located within the 100-year floodplain, a wetland  
area, or the natural vegetation strip.  
(iii) The septic tank shall not be closer to the river than the dwelling it serves and shall  
not be located within a wetland area.  
(iv) An outhouse constructed using a watertight waste containment system that allows  
waste to be pumped and hauled to an appropriate disposal site, not located less than 100  
feet from the ordinary high-water mark and any surface or subsurface drain that  
discharges into the Pigeon river or its designated tributaries, and not located within the  
100-year floodplain, a wetland area, or the natural vegetation strip.  
(v) Drywells and earth privies are not permitted unless authorized by the local health  
department, are a minimum of 100 feet from the ordinary high-water mark, and the  
bottom of the pit or seepage bed is at least 4 feet above the seasonal high groundwater  
table.  
(vi) An alternative on-site treatment system that results in a higher level of treatment  
than a conventional system may be located not less than 75 feet from the river’s edge on  
designated tributaries, provided no part of the system is in a wetland or the 100-year  
floodplain.  
(vii) Disposal of sludge from any wastewater treatment system is prohibited in the  
natural river district.  
(g) Mining and extracting industries, if all land disturbances, structures, and other  
activities related to the industry are located more than 300 feet from the ordinary high-  
water mark.  
(h) A land division, if any lot created after February 13, 1985, with all the following  
provisions:  
(i) Is accessible by a public road or legal easement on at least 1 side of the stream.  
(ii) On the mainstream, has at least 200 feet of river frontage, unless a riverfront  
“common area” subject to a conservation easement is established, or a parcel does not  
have river frontage, in which case this dimension shall be measured at the point of the  
parcel closest to the river, and is at least 200 feet wide at the minimum building setback  
line. On designated tributaries, has at least 150 feet of river frontage, unless a riverfront  
“common area” subject to a conservation easement is established, or a parcel does not  
have river frontage, in which case this dimension shall be measured at the point of the  
parcel closest to the river, and is at least 150 feet wide at the minimum building setback  
line.  
(iii) Contains at least 50,000 square feet of area within the natural river district. Any  
“common area” created or any bottomlands shall not be used in any calculations related  
to minimum parcel area. If a parcel does not have river frontage, and the front line of the  
parcel is greater than 150 feet from the river’s edge at all points, this subdivision does not  
apply, and the minimum parcel width will be measured at the front lot line.  
(iv) Has sufficient depth and upland area to accommodate the required building setbacks  
pursuant to this rule.  
(v) A lot that exists on February 13, 1985, shall not be subdivided or reduced in  
dimension or area below the minimum requirements of this rule. Any lot created after  
February 13, 1985, shall meet the minimum requirements of this rule, except as provided  
in R 281.56.  
Page 92  
(i) Home occupations and home-based occupations, subject to R 281.57.  
(j) Land alteration, subject to R 281.57.  
(k) Bridges, subject to R 281.58.  
(l) Forest management activities within the natural vegetation strip, subject to R 281.57.  
(m) A boardwalk that meets the minimum building setback requirements in this  
subdivision and a boardwalk associated with a footpath to the river’s edge, subject to R  
281.57.  
(n) Bank stabilization and fisheries habitat improvement activities, subject to R 281.57.  
(2) Within the Pigeon river natural river district, a natural vegetation strip that includes  
the river and all lands within 100 feet of the ordinary high-water mark shall be  
maintained on each side of the Pigeon river mainstream. A restrictive cutting belt that  
includes the river and all lands within 75 feet of the ordinary high-water mark shall be  
maintained on each side of all designated tributaries. Cutting in the natural vegetation  
strip is subject to R 281.57.  
History: 1981 AACS; 2013 AACS..  
R 281.162 Zoning administrator and zoning review board; appointment; duties.  
Rule 12. The commission shall appoint a zoning administrator and a zoning review  
board to act as its agents to enforce these rules. The duties of the zoning review  
board and zoning administrator include, but are not limited to, all of the following:  
(a) Receiving and processing applications for zoning permits, special exception  
permits, petitions for appeals,  
supplements.  
requests  
for  
changes, amendments, and  
(b) Inspecting sites.  
(c) Issuing or denying zoning permits as outlined in these rules.  
(d) Assisting with other matters requiring a decision by the commission.  
History: 1981 AACS.  
R 281.163 Violations.  
Rule 13. (1) An alleged violation shall be inspected by the staff of the department and,  
if it is found that a violation exists, the department shall order the applicant, in  
writing, to correct all conditions found to be in violation of these rules.  
(2) The owner of a building, structure, or land which violates these rules is subject  
to the provisions of section 13 of Act No. 231 of the Public Acts of 1970, being  
S281.773 of the Michigan Compiled Laws.  
History: 1981 AACS.  
R 281.164 Boundaries and permitted uses; changes, amendments, and  
supplements.  
Rule. 14. (1) The commission may make changes,  
amendments,  
and  
supplements to boundaries and to permitted uses requested by a local unit of government  
Page 93  
or by a landowner, if implementation of the change, amendment, or supplement  
does not contravene the purposes of these rules as specified in R 281.152.  
(2) A local unit of government or a landowner who requests a change, amendment,  
or supplement to the boundaries or to permitted uses shall have a hearing held pursuant  
to sections 71 to 87 of Act No. 306 of the Public Acts of 1969, as amended, being  
SS24.271 to 24.287 of the Michigan Compiled Laws.  
(3) Copies of any changes, supplements to boundaries, or adopted amendments  
shall be sent to all of the following:  
(a) The county register of deeds.  
(b) The zoning administrator of these rules.  
(c) Local planning, zoning and health officials.  
(d) Township and county clerks.  
(e) The local building inspector.  
(f) Local soil erosion and sedimentation control enforcement agencies.  
(g) The soil conservation service.  
(h) Public utility companies which provide service to riverfront property owners  
affected by these rules.  
(i) Huron river watershed council.  
(4) Upon approval by the director, a local zoning ordinance which meets all of the  
requirements of Act No. 231 of the Public Acts of 1970, being S281.761 et seq. of the  
Michigan Compiled Laws, Act No. 184 of the Public Acts of 1943, as amended, being  
S125.271 et seq. of the Michigan Compiled Laws, or Act No. 183 of the Public Acts  
of 1943, as amended, being S125.101 et seq. of the Michigan Compiled Laws,  
whichever is  
applicable, shall take precedence over these rules. If the director  
withdraws his or her approval of a local zoning ordinance, or if the local  
ordinance becomes inapplicable to the land area encompassed by the Huron river  
natural river district through court action or for any other reason, these rules shall  
apply.  
History: 1981 AACS.  
R 281.170 Au Sable River system boundaries.  
Rule 120. The boundaries of the Au Sable river natural river district shall be as  
described in these rules and as depicted on the certified Au Sable river natural river  
zoning map with an effective date of August 15, 1990. The Au Sable river natural river  
zoning district comprises an area which is described as follows:  
(a) The Au Sable river from the confluence of Kolka creek and Bradford creek in  
section 23, T28N, R4W to Loud dam in section 21, T24N, R6E.  
(b) Kolka creek from the outfall of Lynn lake in section 26, T29N, R4W to its  
confluence with Bradford creek in section 23, T28N, R4W.  
(c) Bradford creek from the outfall of Big Bradford lake in section 6, T28N, R3W to its  
confluence with Kolka creek in section 23, T28N, R4W.  
(d) East Branch Au Sable river, from the outfall of Barnes lake in section 7, T28N,  
R2W to its confluence with the Au Sable river.  
(e) South Branch Au Sable river, from highway M-76 in section 5 T23N, R1W to its  
confluence with the Au Sable river.  
Page 94  
(f) Douglas creek from its source in section 16, T25N, R1W to its confluence with the  
South branch Au Sable river.  
(g) Thayer creek from its source in section 16, T25N, R2W to its confluence with the  
South branch Au Sable river.  
(h) Hudson creek from its source in section 26, T24N, R2W to its confluence with the  
South branch Au Sable river.  
(i) Robinson creek from its source in section 7, T23N, R2W to its confluence with the  
South branch Au Sable river.  
(j) Beaver creek from its source in section 25, T25N, R4W to its confluence with the  
South branch Au Sable river.  
(k) East creek from its source in section 13, T24N, R1W to its confluence with the  
South branch Au Sable river.  
(l) South creek from its source in section 35, T24N, R1W to its confluence with the  
South branch Au Sable river.  
(m) North branch Au Sable river, from Ski Slope drive in section 34, T30N, R3W  
county to its confluence with the Au Sable river.  
(n) Turtle creek from the outfall of Turtle lake in section 33, T30N, R2W to its  
confluence with the North branch of the Au Sable.  
(o) Chub creek from the outfall of Bridge lake in section 23, T29N, R3W to its  
confluence with the North branch of the Au Sable.  
(p) Big creek from the confluence of the east branch of Big creek and the west branch of  
Big creek in section 23, T27N, R1W to its confluence with the north branch of the Au  
Sable river.  
(q) West branch, Big creek, from the outfall of Caulkins lake in section 14, T29N, R1W  
to its confluence with the east branch of Big creek in section 23, T27N, R1W.  
(r) Middle branch, Big creek, from the outfall of West Twin lake in section 32, T29N,  
R1E to its confluence with the east branch of Big creek in section 13, T27N, R1W.  
(s) East branch, Big creek, from the north line of section 27, T28N, R1E to its  
confluence with the west branch of Big creek in section 23, T27N, R1W.  
(t) Big creek from the confluence of the east branch of Big creek and the west branch of  
Big creek in section 24, T26N, R1E to its confluence with the Au Sable river in section 1,  
T26N, R1E.  
(u) West branch, Big creek, from its source in section 1, T24N, R1E to its confluence  
with the east branch of Big creek in section 24, T26N, R1E.  
(v) East branch, Big creek, from its source in section 10, T25N, R2E to its confluence  
with the west branch of Big creek in section 24, T26N, R1E.  
(w) Sohn creek from its source in section 20, T27N, R1E to its confluence with the Au  
Sable river.  
(x) Beaver creek from the east line of section 26, T27N, R1E to its confluence with the  
Au Sable river.  
(y) Wolf creek from its source in section 19, T26N, R3E to its confluence with the Au  
Sable river.  
(z) Loud creek from its source in section 29, T26N, R3E to its confluence with the Au  
Sable river.  
(aa) Perry creek from the outfall of Perry lake in section 9, T27N, R3E to its confluence  
with the Au Sable river.  
Page 95  
(bb) Comins creek from its source in section 27, T27N, R3E to its confluence with the  
Au Sable river.  
(cc) Glennie creek from its source in section 30, T27N, R4E to its confluence with the  
Au Sable river.  
(dd) Nine mile creek from its source in section 28, T26N, R4E to its confluence with the  
Au Sable river.  
(ee) Blockhouse creek from its source in section 28, T27N, R4E to its confluence with  
the Au Sable river.  
(ff) All lakes, ponds, impoundments or other surface water bodies not traditionally  
considered rivers, streams or creeks if they are a contiguous part of the stream segments  
listed in subdivisions (a) to (ee) of this rule.  
(gg) The lands lying within 400 feet of the river's edge as described in subdivisions (a)  
to (ff) of this rule.  
History: 2013 AACS.  
R 281.171 Au Sable river system principal uses; natural vegetation strip.  
Rule 121. (1) A principal use is allowed by right, but requires the issuance of a zoning  
permit by the zoning administrator. A principal use includes all of the following:  
(a) A single-family dwelling or short-term rental facility with all the following  
provisions:  
(i) The minimum building setback not less than 200 feet from the ordinary high-water  
mark on the mainstream, north branch and south branch, and 100 feet on all other  
designated tributaries, except as described in R 281.57.  
(ii) The setback may be decreased 1 foot for every 1 foot rise in bank height to a  
minimum of 150 feet from the ordinary high-water mark on the mainstream, north branch  
and south branch, and to a minimum of 75 feet from the ordinary high-water mark on all  
other designated tributaries.  
(iii) A dwelling shall be set back not less than 25 feet from the top of a bluff on the  
noncutting edge of a stream and not less than 50 feet from the top of a bluff on the cutting  
edge of a stream.  
(iv) Building shall not take place on land that is subject to flooding or in any wetland  
area.  
(v) The natural contour of the face and crest of the bluff shall not be altered.  
(vi) The land between the crest of the bluff and the minimum building setback line shall  
not be altered except for minor landscaping activities.  
(b) Accessory buildings and appurtenances that meet the setback and other development  
requirements of subdivision (a) of this subrule.  
(c) One private boat dock per parcel, unless otherwise provided for in these rules,  
subject to R 281.57.  
(d) One private river access stairway per parcel, subject to R 281.57.  
(e) Utility lines to service a single-family dwelling or short-term rental facility.  
(f) A disposal field, septic tank, and outhouse, with all the following provisions:  
(i) A septic tank and disposal field meet local health department standards.  
(ii) A disposal field located not less than 150 feet from the ordinary high-water mark  
and not less than 100 feet from any surface or subsurface drain that discharges into the  
Page 96  
Au Sable river or its designated tributaries, and shall not be located within the 100-year  
floodplain, a wetland area, or the natural vegetation strip.  
(iii) A septic tank shall not be closer to the river than the dwelling it serves and shall not  
be located within a wetland area.  
(iv) An outhouse constructed using a watertight waste containment system that allows  
waste to be pumped and hauled to an appropriate disposal site, located not less than 100  
feet from the ordinary high-water mark and any surface or subsurface drain that  
discharges into the Au Sable river or its designated tributaries, and not located within the  
100-year floodplain, a wetland area, or the natural vegetation strip.  
(v) Drywells and earth privies are not permitted unless authorized by the local health  
department, are a minimum of 100 feet from the ordinary high-water mark, and the  
bottom of the pit or seepage bed is at least 4 feet above the seasonal high groundwater  
table.  
(vi) An alternative on-site treatment system that results in a higher level of treatment  
than a conventional system may be located not less than 50 feet from the river’s edge on  
designated tributaries, except the north branch and south branch, provided no part of the  
system is in a wetland or the 100-year floodplain.  
(vii) Disposal of sludge from any wastewater treatment system is prohibited in the  
natural river district.  
(g) Mining and extracting industries, if all land disturbances, structures, and other  
activities related to the industry are located more than 300 feet from the ordinary high-  
water mark.  
(h) A land division, if any lot created after August 15, 1990, with all the following  
provisions:  
(i) Is accessible by a public road or legal easement on at least 1 side of the stream.  
(ii) On the mainstream, north branch and south branch, has at least 200 feet of river  
frontage, unless a riverfront “common area” subject to a conservation easement is  
established, or a parcel does not have river frontage, in which case this dimension shall  
be measured at the point of the parcel closest to the river, and at least 200 feet wide at the  
minimum building setback line.  
(iii) On all other tributaries, has at least 150 feet of river frontage, unless a riverfront  
“common area” subject to a conservation easement is established, or a parcel does not  
have river frontage, in which case this dimension shall be measured at the point of the  
parcel closest to the river, and at least 150 feet wide at the minimum building setback  
line.  
(iv) Contains at least 50,000 square feet of area within the natural river district. Any  
“common area” created or any bottomlands shall not be used in any calculations related  
to minimum parcel area. If a parcel does not have river frontage, and the front line of the  
parcel is greater than 150 feet from the river’s edge at all points, this subdivision does not  
apply, and the minimum parcel width will be measured at the front lot line.  
(v) Has sufficient depth and upland area to accommodate the required building setbacks  
pursuant to this rule.  
(vi) A lot that exists on August 15, 1990, shall not be subdivided or reduced in  
dimension or area below the minimum requirements of this rule. Any lot created after  
August 15, 1990, shall meet the minimum requirements of this rule, except as provided in  
R 281.56.  
Page 97  
(i) Home occupations and home-based occupations, subject to R 281.57.  
(j) Land alteration, subject to R 281.57.  
(k) Bridges, subject to R 281.58.  
(l) Forest management activities within the natural vegetation strip, subject to R 281.57.  
(m) A boardwalk that meets the minimum building setback requirements in this  
subdivision and a boardwalk associated with a footpath to the river’s edge, subject to R  
281.57.  
(n) Bank stabilization and fisheries habitat improvement activities, subject to R 281.57.  
(2) Within the Au Sable river natural river district, a natural vegetation strip that  
includes the river and all lands within 75 feet of the ordinary high-water mark shall be  
maintained on each side of the Au Sable river mainstream, north branch, and south  
branch. A restrictive cutting belt that includes the river and all lands within 50 feet of the  
ordinary high-water mark shall be maintained on each side of all designated tributaries.  
Cutting in the natural vegetation strip is subject to R 281.57.  
History: 2004 AACS; 2013 AACS.  
R 281.172 Purpose; intent; scope.  
Rule 2. (1) The director, on his or her own motion, to implement the intent of  
Natural Rivers Part 305 of 1994 PA 451, and in the absence of local zoning to protect the  
Upper Manistee river, a designated natural river, promulgates these rules for the  
following purposes:  
(a) To promote the public health, safety, and general welfare; to prevent economic and  
ecological damage due to misuse, unwise development patterns, overcrowding, and  
overuse within the natural river district; and to preserve the values of the natural river  
district for the benefit of present and future generations.  
(b) To protect the free-flowing condition, fish, aquatic and wildlife resources, water  
quality, scenic and aesthetic qualities, and historical and recreational values of the Upper  
Manistee river and adjoining land.  
(c) To prevent flood damage due to interference with the natural floodplain  
characteristics by excluding developments which are vulnerable to flood damage and  
which may reduce the capacity of the floodway of the river to withstand flooding  
conditions.  
(d) To provide for uses that complement the natural characteristics of the natural river  
system.  
(e) To protect individuals from investing funds in structures that are proposed for  
location on lands that are unsuited for such development because of high groundwater,  
erosion, or vulnerability to flood damage.  
(f) To achieve the goals and objectives of the Upper Manistee river natural river  
plan.  
(2) It is the general intent of these rules to define terms used and to regulate and  
restrict lot coverage and use, population distribution and density, and the size and  
location of all structures by the delineation of permitted uses and development  
standards so as to promote the purposes identified in this rule. It is further  
intended to provide for the administration and enforcement of these rules and to  
provide penalties for their violation.  
Page 98  
(3) It is not the intent of these rules to revoke, annul, cancel, or in any way impair or  
interfere with existing provisions of law, ordinances, or any rules, regulations, or  
premises or with any private restrictions placed upon property by covenant or deed.  
However, where such provisions of law are less restrictive than the provisions of Natural  
Rivers Part 305 of 1994 PA 451, and the rules promulgated thereunder, the provisions  
of Natural Rivers Part 305 of 1994 PA 451 and the rules promulgated thereunder shall  
apply.  
History: 2004 AACS.  
R 281.173 Construction of language: severability.  
Rule 3. (1) All of the following rules of construction apply to the text of these rules:  
(a) A "building" or "structure" includes any part thereof.  
(b) The phrase "used for" includes "arranged for," "designed for," "intended for,"  
"maintained for," or "occupied for."  
(c) The word "person" includes an individual, a corporation, a partnership, an  
incorporated association, or any other similar entity.  
(d) The terms "lot" and "parcel" have the same meaning.  
(e) Terms not defined in these rules shall have the meanings customarily assigned to  
them.  
(2) In any case in which the provisions of these rules are declared by the courts to be  
unconstitutional or invalid, such ruling shall not affect the validity of the remaining  
provisions of these rules and to this end the provisions of these rules are declared to  
be severable.  
History: 2004 AACS.  
R 281.174 Lot size and area; subdivision of land; home and home-based  
occupations; native vegetation buffer; signs; docks; height of structures; river  
access stairways; dams; impervious surfaces.  
Rule 4. (1) Unless otherwise provided for in these rules, a lot created after the  
effective date of these rules shall meet all of the following standards on at least 1 side  
of the stream that is accessible by a public road or legal easement:  
(a) Have at least 200 feet of river frontage (unless a riverfront "common area" subject  
to a conservation easement is established, or the parent parcel does not have river  
frontage, in which case this dimension shall be measured at the point of the parcel  
closest to the river) and be at least 200 feet wide at the minimum building setback line.  
(b) Contain at least 1/2 acre of existing contiguous upland buildable area (non-wetland,  
non-floodplain) landward of the minimum building setback line.  
(c) Contain at least 80,000 square feet of area within the Natural River District (any  
"common area" created or any bottomlands shall not be used in any calculations related  
to minimum parcel area). If the parent parcel does not have river frontage, and the front  
line of any newly created parcel is  
greater than 100 feet from the river's edge at all points, this subdivision does not apply,  
and the minimum parcel width will be measured at the front lot line.  
Page 99  
(d) Have sufficient depth to accommodate the required building setbacks pursuant to  
R 281.177.  
(2) A lot that exists on the effective date of this rule shall not besubdivided or  
reduced in dimension or area below the minimum requirements of these rules. Lots that  
are created after the effective date of this rule shall meet the minimum requirements of  
these rules, except as provided in subrules (3) and (4) of this rule.  
(3) Proposed lots which have preliminary plat approval pursuant to 1967 PA 288, MCL  
560.101, but which do not meet the dimensional requirements of these rules on their  
effective date, shall, on final plat approval, be issued a permit subject to the  
requirements in R 281.179 and R 281.180.  
(4) Lots of record which are created before the effective date of these rules, and  
which do not possess sufficient land area or lot width may be used for the purposes  
described in these rules, subject to the requirements in R 281.179 and R 281.180.  
(5) Home occupations and home-based occupations shall conform to all of the  
following requirements:  
(a) The use of the dwelling unit, or related structure, for a home occupation or  
home-based occupation shall be clearly incidental and subordinate to its use for  
residential purposes.  
(b) Equipment or a process shall not be used in a home occupation or home-based  
occupation if it creates noise, vibration, fumes, odors, or electrical interference that is  
detectable to the normal senses off the premises.  
(6) Within the natural river district, a native vegetation buffer that includes the river  
and all lands within 75 feet of the ordinary high watermark shall be maintained on  
each side of the Upper Manistee river mainstream and all designated tributaries.  
Trees and shrubs may be pruned over not more than a 50-foot width for a filtered view  
of the river, but clear cutting in the native vegetation buffer is prohibited. The native  
vegetation buffer is also subject to all of the following provisions:  
(a) Unsafe trees and noxious plants and shrubs, such as poison ivy and poison sumac,  
may be removed.  
(b) The selected removal or trimming of trees for forest management practices or  
disease and insect control, and clearing of vegetation to the minimum width required  
for public utility primary electric distribution lines and service lines for permitted uses, is  
permitted upon approval of the zoning administrator in consultation with local  
Conservation District staff, if the activity is in keeping with the goals and objectives of  
the Natural River Plan.  
(c) Camping other than low-impact tent camping is not permitted in the native  
vegetation buffer.  
(d) Mowing is prohibited in the native vegetation buffer except in areas that had been  
maintained in a mowed condition prior to adoption of these rules or to establish a  
footpath to the river not to exceed 4 feet wide.  
(e) In the Manistee River mainstream vegetation may be selectively pruned to allow  
for safe navigation and to alleviate flooding that threatens a dwelling. This may  
include pruning of a maximum 8-foot wide section of vegetation. Portions of trees,  
logs, and other natural material imbedded in the stream channel may not be disturbed.  
(f) A boardwalk constructed in conjunction with the footpath described in subdivision  
(d) of this subrule is permitted upon approval of the zoning administrator if it is placed  
Page 100  
only in areas that are generally too wet to be traversed without significant disturbance of  
the soils, the boardwalk and supports are constructed of wood, the boardwalk is not  
more than 3 feet wide and does not include railings, and the top of the boardwalk is not  
more than 12 inches above grade.  
(g) All islands in all stream segments are subject to the native vegetation buffer  
standards.  
(h) A wider native vegetation buffer may be required for certain commercial  
uses.  
(7) Signs for identification, direction, resource information, regulation of use and those  
related to permitted uses are allowed. Signs for the sale of products or services are  
prohibited, unless related to a permitted use, located on the site of the permitted use,  
not located in the native vegetation buffer and not visible from the river. Illuminated  
signs are prohibited. Signs may be not more than 2 square feet in area. Exceptions  
include 1 real estate sign not more than 4 square feet outside the native vegetation  
buffer, and public agencies' signs not larger than 10 square feet, of rustic design and not  
attached to vegetation. Some public agency signs may need to be larger to warn of  
impending danger or for interpretative or historic reasons.  
(8) Private boat docks shall be in compliance with all of the following requirements:  
(a) Docks shall not be more than 48 square feet in area, with not more than 4 feet of  
the dock extending over the edge of the river.  
(b) Docks shall be designed, constructed, and maintained to blend with the natural  
surroundings. The use of natural, native materials is encouraged.  
(c) Unless otherwise provided for in these rules, only 1 dock shall be constructed per  
lot.  
(9) Unless otherwise provided in these rules, a structure shall not be more than 2 1/2  
stories tall, not including a basement, and not more than 35 feet in height measured from  
the original surface elevation.  
(10) Private river access stairways are permitted upon approval of the zoning  
administrator if in compliance with all of the following requirements:  
(a) There is no other safe, feasible access to the river without a stairway.  
(b) The stairway is low-profile, not more than 4 feet wide and constructed without stairs  
being recessed into the ground surface unless site and soil conditions dictate that a  
recessed stairway is more appropriate.  
(c) There are no landings associated with the stairway unless required by building  
codes, in which case the landings shall be of the minimum number and size required by  
building codes.  
(d) Not more than 1 handrail is associated with the stairway.  
(e) Only 1 river access stairway is permitted per parcel.  
(f) The stairway is constructed using natural materials and is located and maintained to  
blend with the natural surroundings.  
(11) Construction of new dams is prohibited. Reconstruction of a failed dam is  
permitted under any of the following conditions:  
(a) Reconstruction of a dam destroyed by a catastrophic event such as flood may be  
reconstructed.  
(b) Reconstruction of a dam that failed due to lack of maintenance or other  
negligence by the owner or operator is prohibited.  
Page 101  
(c) Reconstruction of a dam that failed due to a catastrophic event shall comply with  
construction standards in effect at the time of application for replacement.  
(d) Application for reconstruction shall be received within 1 year of destruction.  
(e) A reconstructed dam shall be rebuilt with a height not greater than the original  
dam height.  
(f) A bottom discharge and fish passage facilities shall be provided for a reconstructed  
dam where appropriate.  
(g) A request for replacement of a dam destroyed by a catastrophic event shall be  
handled as a variance request for reconstruction of a destroyed, non-conforming  
structure.  
(12) The maximum percentage of impervious surface permitted on a lot shall be as  
follows:  
(a) For lots with less than 10,000 square feet of area, not more than 35% of the land  
surface may be covered by impervious surfaces.  
(b) For lots with between 10,000 square feet and 40,000 square feet of area, not more  
than 25% of the land surface may be covered by impervious surfaces.  
(c) For lots with between 40,001 square feet and 80,000 square feet of area, not more  
than 20% of the land surface may be covered by impervious surfaces.  
(d) For lots greater than 80,000 square feet of area, not more than 10% of the land  
surface may be covered by impervious surfaces.  
History: 2004 AACS.  
R 281.175 Boundaries; interpretation of boundaries; filing of zoning map.  
Rule 5. (1) The boundaries of the Upper Manistee river natural river district shall be  
as described in these rules and as depicted on the certified Upper Manistee river  
natural river zoning map. The Upper Manistee river natural river zoning district  
comprises an area that is described as follows:  
(a) The Manistee river mainstream from its sources in Sections 1 and 12 of Mancelona  
Township, T29N, R5W to the Wexford/Missaukee county line.  
(b) Frenchman's Creek from the Lake Elizabeth Dam in section 30 of Hayes Twp.,  
T29N, R4W to its confluence with the Manistee River.  
(c) Lost Lake Outlet from the outfall of Lost Lake in Section 6 of Frederic  
Township, T28N, R4W toits confluence with the Manistee River.  
(d) An unnamed stream from its source in Section 13 of Blue Lake Township, T28N,  
R5W to its confluence with the Manistee River.  
(e) Goose Creek from Cameron Bridge Road in section 27 of Blue Lake Twp., T28N,  
R5W to its confluence with the Manistee River.  
(f) Portage Creek from the control structure near the outfall of Lake Margrethe,  
section 8 of Grayling Twp., T26N, R4W to its confluence with the Manistee River,  
including all braided channels.  
(g) All perennial tributaries to Portage Creek from their sources to their confluence with  
Portage Creek.  
(h) Clear Creek from its source at Boiling Springs in section 28 of Bear Lake Twp.,  
T26N, R5W to its confluence with the Manistee River.  
Page 102  
(i) Black Creek from the outfall of South Black Lake in section 21 of Bear Lake Twp.,  
T27N, R5W to its confluence with the Manistee River, including all braided channels.  
(j) All perennial tributaries to Black Creek from their sources to their confluence with  
Black Creek.  
(k) Dempsey Creek from its source in section 19 of Bear Lake Twp., T26N, R5W to  
its confluence with the Manistee River.  
(l) Big Devil Creek from its source in Section 18 of Garfield Township, T25N, R5W  
to its confluence with the Manistee River.  
(m) Big Cannon Creek from its source in section 5 of Norwich Twp., T24N, R5W to  
its confluence with the Manistee River.  
(n) The North Branch of the Manistee River from County Road 612 in section 3 of  
Excelsior Twp., T27N, R6W to its confluence with the Manistee River.  
(o) An unnamed stream from Tower Road in section 25 of Coldsprings Twp., T28N,  
R6W to its confluence with the North Branch of the Manistee River.  
(p) Morrison Creek from its source in section 28 of Excelsior Township, T27N, R6W  
to its confluence with the North Branch of the Manistee River.  
(q) Collar Creek from its source in section 33 of Excelsior Township, T27N, R6W to  
its confluence with Morrison Creek.  
(r) An unnamed stream from its sources in section 26 of Excelsior Township,  
T27N, R6W to its confluence with Morrison Creek.  
(s) All other perennial tributaries to the North Branch of the Manistee River from  
their sources to their confluence with the North Branch of the Manistee River.  
(t) Willow Creek from its source in section 14 of Orange Twp., T26N, R7W to its  
confluence with the Manistee River.  
(u) Pierson Creek from its source in section 12 of Orange Township, T26N, R7W to its  
confluence with Willow Creek.  
(v) Maple Creek from its source in section 22 of Orange Twp., T26N, R7W to its  
confluence with the Manistee River.  
(w) Little Cannon Creek from multiple sources in sections 29, 31 and 32 of Garfield  
Twp., T25N, R6W to its confluence with the Manistee River.  
(x) Silver Creek from its source in section 1 of Pioneer Twp, T24N, R7W to its  
confluence with Little Cannon Creek.  
(y) Waterhole Creek and all tributaries from their multiple sources in Garfield  
Township, T25N, R7W to the confluence with the Manistee River.  
(z) Babcock Creek from its sources in section 33 of Garfield Township, T25N, R 7W  
to its confluence with the Manistee River.  
(aa) Filer Creek from its source in Section 4 of Pioneer Township, T24N, R7W to its  
confluence with the Manistee River.  
(bb) Nelson Creek from its sources in Section 30 of Garfield Township, T25N, R7W  
to its confluence with the Manistee River.  
(cc) Spring Creek from its sources in section 22 of Springfield Twp., T25N, R8W to  
its confluence with the Manistee River.  
(dd) Bourne Creek from its sources in section 29 of Springfield Twp., T25N, R8W  
to its confluence with the Manistee River.  
Page 103  
(ee) Ham Creek from its source in Section 24 of Bloomfield Twp., T24N, R8W to its  
confluence with the Manistee River, including two tributaries with sources in Sections  
3 and 9.  
(ff) Gravy Creek from its source in section 5 of Bloomfield Twp., T24N, R8W to its  
confluence with the Manistee River.  
(gg) Haynes Creek from its source in section 31 of Springfield Twp., T25N, R8W to its  
confluence with the Manistee River.  
(hh) Hopkins Creek from its source in Section 17 of Forest Twp., T23N, R7W to its  
confluence with the Manistee River.  
(ii) Fisher Creek (a.k.a. "Hopkins Creek" on the USGS topographic map) from its  
source in section 31 of Springfield Twp., T25N, R8W to its confluence with the  
Manistee River.  
(jj) All lakes, ponds, impoundments or other surface water bodies not traditionally  
considered rivers, streams or creeks if they are a contiguous part of the stream segments  
listed in subdivisions (a) to (ii) of this subrule.  
(kk) The lands lying within 400 feet of the river's edge that are enumerated in  
subdivisions (a) to (jj) of this subrule.  
(2) If uncertainty exists with respect to the boundaries of the district as shown on the  
zoning map, then all of the following provisions shall apply:  
(a) Boundaries that are indicated as approximately following the centerline of  
streets or highways shall be construed to follow the centerline.  
(b) Boundaries that are indicated as approximately following lot lines shall be  
construed as following the lot lines.  
(c) Boundaries that are indicated as approximately following city, village,  
township, or county boundaries lines shall be construed as following the city, village,  
township, or county boundary lines.  
(d) Boundaries that are indicated as following railroad lines shall be construed to be  
midway between the right-of-way lines.  
(e) Boundaries that are indicated as following shorelines shall be construed to  
follow the shorelines, and, in the event of change in the shorelines, shall be  
construed as moving with the actual shorelines. Boundaries that are indicated as  
approximately following the centerline of streams, rivers, canals, lakes, or other bodies  
of water shall be construed to follow the centerline.  
(f) Boundaries that are indicated as parallel to or extensions of features indicated in  
subdivisions (a) to (e) of this subrule shall be so construed. Distances that are not  
specifically indicated on the official zoning map shall be determined by the scale of  
the map.  
(g) If physical or natural features that exist on the ground are at variance with  
those shown on the official zoning map or in other circumstances are not covered  
by the provisions of subdivisions (a) to (f) of this subrule, then the zoning review board  
shall interpret the district boundaries.  
(h) Insofar as a portion or all of the district may be indicated on the zoning map by a  
pattern which, for the sake of map clarity, does not cover public rights-of-way, then the  
district boundaries extend to the center of any public right-of-way.  
(3) Certified copies of the Upper Manistee River natural river zoning map shall be filed  
with all of the following entities:  
Page 104  
(a) The state tax commission.  
(b) Local tax assessing officers.  
(c) Township and county clerks.  
(d) County drain commissioners.  
(e) Local building department.  
(f) The natural rivers unit of the Michigan department of natural resources.  
History: 2004 AACS.  
R 281.176 Zoning permits; site plans; certificates of zoning compliance.  
Rule 6. (1) A building or other structure shall not be erected, moved, added to, or  
structurally altered, and a land use shall not be commenced, without a zoning permit as  
specified by these rules and as issued by the zoning administrator. Permits shall not  
be required for exempt activities as specified in R 281.177. Plans that are submitted  
when applying for a zoning permit shall contain the necessary information for  
determining compliance with these rules.  
(2) Concurrent with applying for a zoning permit, an applicant shall submit a site  
plan of the proposed development. The site plan shall include the entire area that is  
proposed for development. The zoning administrator, in the case of a principal use  
application, or the zoning review board, in the case of a special use application, may  
require adjustments in the site plan as a condition for approval to ensure that the  
proposed development meets all standards contained in these rules. Except as otherwise  
waived by the zoning administrator, in the case of a principal use application, or the  
zoning review board, in the case of a special use application, a site plan shall show and  
include all of the following, either existing or proposed:  
(a) A site plan drawn to scale, with the scale indicated.  
(b) Property dimensions, including river frontage.  
(c) Size, shape, use, and location of existing and proposed buildings or improvements,  
including distances to adjacent property boundaries and the river's edge.  
(d) Existing vegetation, including the location and type.  
(e) Adjacent streets and highways.  
(f) Parking areas.  
(g) Cross section drawing showing height of buildings above water level and bluff  
heights.  
(h) Entrances to public streets.  
(i) A description of the building design, including proposed construction materials.  
(j) Drainage facilities.  
(k) The location and description of the method to dispose of sanitary wastes.  
(l) Proposed landscaping.  
(m) The location of footpaths.  
(n) Signs proposed, including the size, location, and material.  
(o) North arrow.  
(p) Date of drawing.  
(q) Detailed site location map.  
Page 105  
(r) Any additional information required by the zoning administrator or zoning review  
board to carry out the administrator's or board's duties. Examples of such information  
include the following:  
(i) Soil types.  
(ii) Topography.  
(iii) Building elevations.  
(iv) Site photographs.  
(v) Anticipated traffic volumes.  
(vi) Traffic circulation patterns.  
(vii) Other pertinent site information.  
(3) A building, structure, or lot for which a zoning permit has been issued shall not  
be occupied, and a use for which a zoning permit has been issued shall not commence,  
until the zoning administrator has, after final inspection, issued a certificate of  
zoning compliance that certifies compliance with these rules. However, the issuance  
of a certificate of compliance shall not be construed as waiving any provision of these  
rules. A building that is an accessory to a dwelling shall not require a separate  
certificate of zoning compliance, but may be included in the certificate of zoning  
compliance for the dwelling if shown on the site plan and if completed at the same time  
as the dwelling. A record of all certificates that are issued shall be kept on file in the  
office of the zoning administrator. Certificates of zoning compliance are for the  
purposes of these rules and shall not be interpreted as substitutes for certificates of  
occupancy that are required by local building codes or local zoning permits.  
History: 2004 AACS.  
R 281.177 Land use and development standards.  
Rule 7. (1) Land uses within the natural river district are classified as exempt,  
principal, or special uses and are described as follows:  
(a) Exempt uses are uses which are permitted by right and which are not subject to the  
receipt of a zoning permit. Exempt uses include all of the following:  
(i) Private, noncommercial recreation which does not involve permanent structures,  
equipment, or other devices, but which includes camping, boating, fishing, hunting, and  
other similar activities.  
(ii) Reforestation and other accepted forest management practices that do  
not involve permanent structures and that are landward of the native vegetation  
buffer.  
(iii) Agricultural activities, such as plowing, disking and planting of crops, including  
general and specialized farming such as Christmas tree farms, provided that all new  
activities occur landward of the native vegetation buffer and provided such uses will  
not significantly contribute to stream degradation. Construction of any residential  
and farm-related structures and appurtenances are classified as principal uses (see  
subrule  
(b) of this rule) and are subject to zoning permit requirements. New aquaculture  
facilities and concentrated animal feeding operations, and expansion of existing  
aquaculture facilities and concentrated animal feeding operations, are not permitted  
within the Natural River District without a land use variance. Resumption of prior  
Page 106  
agricultural uses that were located within the native vegetation buffer but have been  
discontinued, such as crop fields that are rotated, may resume if 1 of the following  
criteria are met:  
(A) The cessation of use was within 10 years of resumption of use.  
(B) The cessation of use was due to implementation of a management plan written  
prior to adoption of these rules.  
(C) The cessation of use was the result of written agreements with a governmental  
agency or agencies entered into prior to adoption of these rules.  
(D) The cessation of use was the result of written agreements with a governmental  
agency or agencies entered into after adoption of these rules or ordinances implementing  
this plan, where the term of cessation of use specified in the agreement is for 10  
years or less.  
(E) The cessation of use was required or imposed by a governmental agency or  
agencies.  
(iv) The operation of licensed motor vehicles on dedicated public roads or private roads  
that are designed to provide access to a permitted use.  
(v) The off-road operation of emergency and public utility maintenance vehicles, and  
the operation of motorized or non-motorized wheelchairs by persons with disabilities  
on footpaths, boardwalks, or other designated trails. Other motorized vehicles may  
not be operated off the road in the native vegetation buffer as specified in R 281.174.  
(vi) Cutting of low growing vegetation in the native vegetation buffer to create a  
private footpath of not more that 4 feet in width leading to a single point on the river's  
edge. A boardwalk or other above grade walkway is considered a structure and requires  
a zoning permit.  
(vii) Signs, subject to the provisions of R 281.174.  
(viii) A replacement residential water supply well, provided the replacement well  
is no closer to the river's edge than the well it is replacing and is landward of the  
native vegetation buffer, and the replaced well is properly abandoned.  
(ix) Routine maintenance and repairs of principal uses within the existing foundation  
and structure, subject to the provisions of R 281.180.  
(x) Satellite dishes that are less than 24 inches in diameter and that are not located in  
the native vegetation buffer.  
(b) Principal uses are uses which are allowed by right, but which require the issuance  
of zoning permits by the zoning administrator.  
following:  
Principal uses include all of the  
(i) Single-family dwellings, including detached long-term rental dwellings, if all  
of the following provisions are complied with:  
(A) Only 1 dwelling per parcel unless 1 of the following occurs:  
(1) The property owner develops a site plan for the parent parcel showing theoretical  
property lines for individual lots based on Natural River development standards,  
and locates any additional residences and appurtenances as if the property were  
divided into those separate lots.  
(2) For each single-family dwelling placed in a cluster-type setting so that the  
requirements in subdivision (b)(i)(A)(1) are not met, a portion of the parent parcel  
containing square footage, width, depth and buildable area equal to a newly created  
separate legal parcel as described in R 281.174  
Page 107  
shall be made subject to a permanent conservation easement or deed restriction  
that prohibits construction of any structures within that portion of the parcel, or the  
development rights to a portion of the parent parcel containing square footage, width,  
depth, and buildable area equal to a newly created separate legal lot or parcel as  
described in R 281.174 shall be sold, donated or otherwise conveyed in perpetuity to a  
land conservancy, local unit of government, or the state. The agency acquiring the  
development rights shall agree in writing to refrain from development of the land in  
perpetuity.  
(B) Building setback for lots shall be not less than 100 feet from the ordinary high  
watermark on the mainstream and other designated tributaries, except as described in  
subdivision (b)(i)(C) of this rule. Structures shall be set back not less than 50 feet from  
the crest of a bluff on the mainstream and not less than 25 feet from the crest of a  
bluff on designated tributaries. No building shall take place on land that is subject  
to flooding or in any wetland area. The natural contour of the face and crest of the bluff  
shall not be altered. The land between the crest of the bluff and the minimum building  
setback line shall not be altered except for minor landscaping activities.  
(C) Building setbacks in areas of concentrated development are as follows: If a vacant  
legal nonconforming parcel is between and adjacent to 2 parcels that contain legal  
single-family dwellings that do not meet the minimum building setbacks, and the  
adjacent legal non-conforming single-family dwellings are within 300 feet of each  
other, then the minimum building setback for a new single-family dwelling on the  
vacant parcel is the distance from the river of the adjacent single-family dwelling that is  
farthest from the river's edge or the minimum required width of the native vegetation  
buffer, whichever is greater, provided the single-family dwelling is not placed on  
lands that are subject to flooding or in any wetland area. All appurtenances and  
accessory buildings shall meet the minimum required building setback described in  
subdivision (b)(i)(B). All structures shall be set back not less than 50 feet from the crest  
of a bluff on the mainstream and not less than 25 feet from the crest of a bluff on  
designated tributaries. The natural contour of the face and crest of the bluff shall not be  
altered. The land between the crest of the bluff and the minimum building setback  
line shall not be altered except for minor landscaping activities.  
(ii) Expansion of a legal nonconforming single-family dwelling subject to the  
provisions of R 281.180.  
(iii) Accessory buildings and appurtenances that meet requirements of paragraph (i)  
of this subdivision.  
(iv) One private boat dock per parcel, subject to R 281.174.  
(v) One private river access stairway per parcel, subject to R 281.174.  
(vi) Utility lines to service private, single-family dwellings.  
(vii) Disposal fields, septic tanks, and outhouses if all of the following provisions are  
complied with:  
(A) The septic tank and disposal field meet local health department standards.  
(B) The disposal fields shall be located not less than 100 feet from the ordinary high  
watermark and any surface or subsurface drain that discharges into the Upper Manistee  
River or its designated tributaries, and shall not be located within the 100-year  
floodplain, a wetland area, or the native vegetation buffer.  
Page 108  
(C) The septic tank shall be no closer to the river than the dwelling it serves and shall  
not be located within the 100-year floodplain or a wetland area.  
(D) The bottom of the disposal field shall be at least 4 feet above the  
seasonal high groundwater table.  
(E) An outhouse shall be constructed using a watertight waste containment system  
which allows waste to be pumped and hauled to an appropriate disposal site, shall be  
located not less than 100 feet from the ordinary high watermark and any surface or  
subsurface drain that discharges into the Upper Manistee River or its designated  
tributaries, and shall not be located within the 100-year floodplain, a wetland area, or the  
native vegetation buffer.  
(F) Drywells and earth privies are not permitted unless they are authorized by the  
local health department, are a minimum of 100 feet from the ordinary high water mark,  
and the bottom of the pit or seepage bed is at least 4 feet above the seasonal high  
groundwater table.  
(G) An innovative on-site treatment system that results in a higher level of treatment  
than a conventional system may be located not less than 75 feet from the river's edge,  
provided no part of the system is in a wetland or the 100-year floodplain.  
(H) Disposal of sludge from any wastewater treatment system is prohibited in the  
Natural River District.  
(viii) Water supply wells serving exempt, principal, or special uses if the well is  
landward of the native vegetation buffer described in R 281.174.  
(ix) Mining and extracting industries, if all land disturbance, structures, and  
other activities related to the industry are located more than 300 feet from the ordinary  
high watermark.  
(x) Land divisions, if the minimum standards specified in R 281.174 are met. A  
zoning permit, special use permit or variance will not be granted for any activity on a  
parcel that is created after the effective date of these rules if the new parcel does not  
meet all of the standards in R 281.174. No new parcel will be created that would require  
reaching the only buildable area by constructing a road/stream crossing.  
(xi) Home occupations and home-based occupations, subject to the provisions of  
Rule 4.  
(xii) Land alteration, such as grading, dredging, and filling of the land surface, except  
thin the native vegetation buffer, on the face or crest of a bluff, or in a wetland or  
floodplain as defined in R 281.171. Draining wetlands is prohibited. Ponds may be  
constructed if the pond is not constructed in a wetland or the 100-year floodplain,  
the pond meets the building setback established for the area, spoils are placed in  
a non-wetland, non-floodplain area landward of the native vegetation buffer, and the  
pond is not connected to the river by any surface or subsurface drainage system.  
(xiii) Bridges, including any structure of any span length designed to provide a  
pedestrian or vehicle stream crossing, subject to the following standards:  
(A) All existing bridges that are destroyed by any means, whether on a tributary or  
mainstream segment, may be replaced. On mainstream segments, destroyed pedestrian  
bridges may not be replaced with vehicle bridges. Destroyed bridges shall be  
replaced within 18 months of destruction or the replacement bridge shall be considered  
to be a new bridge and will be subject to new bridge standards.  
Page 109  
(B) New bridges are not permitted on any parcel that is created after the effective date  
of these rules.  
(C) New bridges of any type are prohibited on mainstream segments.  
(D) All replacement bridges on mainstream segments shall span the bankfull channel,  
have a minimum clearance of 5 feet between the ordinary high water mark and "low  
steel" (the bottom of the bridge deck and/or deck supports other than abutments), and  
be a structure with a natural bottom, for example, pipe, box, or arch culverts are not  
permitted.  
(E) New pedestrian bridges are permitted on all tributaries provided the lands  
connected by a new bridge were, at the time of adoption of these rules, and continue to  
be, collectively owned by a single person.  
(F) New bridges linking properties in separate ownership shall not be permitted  
except in areas where construction of such a bridge to access a permitted building site  
will result in less resource damage than construction of another type of permitted access.  
The exception shall only apply to lots  
that were created before the effective date of these rules.  
(G) Only 1 bridge is permitted to access a portion of land that is otherwise  
inaccessible from the owner's contiguous property.  
(H) Permanent new bridges on tributaries shall span the bankfull channel and be a  
structure with a natural bottom, for example, pipe, box or arch culverts are not  
permitted, and, in the case of pedestrian bridges, be constructed such that use by any  
motorized vehicles, such as dirt bikes and ATVs, are excluded.  
(I) Permanent bridges replacing bridges that have natural bottoms on tributaries  
shall span the bankfull channel and be a structure with a natural bottom, for example,  
pipe, box, or arch culverts, are not permitted, and in the case of pedestrian bridges, be  
constructed such that use by any motorized vehicles, such as dirt bikes and ATVs, are  
excluded.  
(J) Permanent bridges replacing bridges without natural bottoms on tributaries  
shall span the bankfull channel, and, in the case of pedestrian bridges, be constructed  
such that use by any motorized vehicles, such as dirt bikes and ATVs, are excluded.  
(K) Temporary vehicle bridges on tributaries for the purpose of access for timber  
harvest may be permitted provided they are constructed in a manner that minimizes  
disruption of the stream and are removed immediately after harvesting activities.  
Disturbed areas in the native vegetation buffer shall  
be re-vegetated, any fill placed shall be removed and the land shall be returned to its  
original grade as soon as possible after removal of the bridge. Proper  
erosion/sedimentation control methods shall be used during placement and use of the  
bridge.  
(L) New permanent vehicle bridges on tributaries may be allowed upon receipt of a  
special use permit.  
(xiv) Forest management activities within the native vegetation buffer, subject to the  
provisions of R 281.174.  
(xv) Boardwalks that meet the setback requirements of subrule (2)(C) of this rule and  
boardwalks associated with a footpath to the river's edge subject to R 281.174(6).  
(c) The Upper Manistee River natural river plan and these rules recognize that certain  
types of residential, recreational, and commercial uses may be appropriate for the  
Page 110  
natural river district that have not been identified under the exempt and principal uses  
provisions of this rule. To ensure that such uses do not contravene the goals and  
objectives of the Upper Manistee River natural river plan and these rules, such uses  
shall be referred to as special uses and shall be subject to the review and approval of  
the zoning review board. Special uses and their development standards include all of  
the following:  
(i) Detached rental cabins, if all of the following provisions are complied with:  
(A) The number of cabins permitted shall be based on the rate of 1 cabin  
per 200 feet of frontage. Clustering of rental cabins is permitted and encouraged;  
however, there shall not be more than 1 cabin per 200 feet of river frontage. For each  
cabin placed in a cluster-type setting, a portion of the parent parcel containing square  
footage, width, depth and buildable area equal to a newly created separate legal parcel  
as described in R 281.174 shall be made subject to a permanent conservation  
easement or deed restriction that prohibits construction of any structures within that  
portion of the parcel, or the development rights to a portion of the parent parcel  
containing square footage, width, depth and buildable area equal to a newly created  
separate legal lot or parcel as described in R 281.174 will be sold, donated, or otherwise  
conveyed in perpetuity to a land conservancy, local unit of government, or the state.  
The agency acquiring the development rights shall agree in writing to refrain from  
development of the land in perpetuity.  
(B) The size of each cabin shall not exceed 900 square feet and 1 story in height. The  
cabin shall not contain sleeping accommodations for more than 8 people.  
(C) Each cabin shall be set back a minimum of 200 feet from the ordinary high  
watermark. All associated buildings and structures shall be located outside of the  
Natural River District.  
(D) Temporary recreational facilities, including tents, camper trailers, and recreational  
vehicles shall be located outside of the Natural River District.  
(E) Each cabin shall be a minimum of 75 feet from the property line of adjacent  
riverfront properties.  
(F) Establishment of vegetative buffers along side or back lot lines may be required  
for rental cabins that are adjacent to existing residential uses. Buffers shall consist of  
plant material that is indigenous to the area in a strip at least 20 feet wide composed of  
deciduous trees interspersed with coniferous trees to be spaced not more than 10 feet  
apart. Deciduous trees  
shall be a minimum of 8 feet in height and coniferous trees a minimum of 5 feet in  
height at the time of planting. The buffer shall also include dense shrubs placed not less  
than 5 feet apart having a minimum of 3 feet in height when planted. The entire buffer  
shall be maintained in at least as healthy a condition as when planted.  
(G) Docks may be constructed for the private use of occupants of the rental cabins.  
Permanent and seasonal docks shall comply with the general standards for  
docks and all of the following provisions:  
(1) Docks shall be not larger than 48 square feet, with not more than 4 feet of the  
dock extending into the water.  
(2) Docks may be constructed at the rate of 1 dock per 1000 feet of frontage. If the  
property in question contains less than 1000 feet of frontage, 1 dock will be  
permitted.  
Page 111  
(3) Docks shall be constructed of natural materials that blend with the natural  
surroundings.  
(4) Access to a dock or docks shall be along a single designated footpath not more than  
4 feet wide to minimize disruption of the native vegetation buffer.  
(5) Any steps or stairs necessary on the streambank to access the dock shall be  
constructed without cutting into the ground surface, unless site and soil conditions  
indicate that a recessed stairway will better meet the goals and objectives of designation.  
(ii) Campgrounds, including those with provisions for tents, travel trailers,  
campers, and motor homes, with associated noncommercial buildings, impervious pads,  
and utility hookups, if all of the following provisions are complied with:  
(A) Campgrounds shall be constructed and maintained in accordance with all applicable  
state regulations.  
(B) Commercial buildings associated with the campground are prohibited in the  
Natural River District.  
(C) All permanent structures shall be at least 200 feet from the river's edge.  
(D) Campsites are permitted at a density of not more than 4 sites per acre of land that is  
located in the Natural River District and landward of the native vegetation buffer.  
(E) A 100 foot-wide native vegetation buffer along the river shall be maintained.  
(F) Campsites that accommodate wheeled motor vehicles shall be at least 200 feet  
from the river's edge.  
(G) Walk-in campsites shall be landward of the native vegetation buffer.  
(H) Docks may be constructed at the rate of 1 dock not larger than 48 square feet for  
each 200 feet of river frontage, accessed by a single footpath not more than 4 feet  
wide.  
(I) No motorized vehicle access to the river is permitted.  
(J) Launching or retrieval of commercial watercraft, other than by registered  
campers on-site, is prohibited at any newly developed campground.  
(iii) Permanent vehicle bridges on tributaries subject to the provisions  
of R 281.177.  
History: 2004 AACS.  
R 281.178 Application and approval; procedures and standards; principal uses and  
special uses.  
Rule 8. (1) An application for a principal use shall be submitted and processed  
pursuant to all the following procedures:  
(a) An application for a principal use shall be made on an application form that is  
available from the zoning administrator and shall be returned to the zoning administrator.  
A completed application shall contain all of the following information:  
(i) A completed application form that is signed by the applicant or the applicant's  
representative.  
(ii) A site plan that meets the requirements of R 281.176.  
(iii) Evidence of ownership or a legal interest in the property that is affected by the  
application for a principal use.  
(b) Within 21 days of receipt of an application for a principal use, the zoning  
administrator shall notify the applicant of the need for additional information.  
Page 112  
(c) Within 30 days of receipt of a completed application, the zoning administrator  
shall issue or deny a permit. If a permit is denied, notice of the denial, together with the  
reasons for the denial, shall be sent to the applicant.  
(d) Concurrent with the issuance of a zoning permit, an applicant shall receive a copy  
of the approved site plan.  
(e) Before commencing construction of a principal use, an applicant shall display the  
permit required by these rules face out in a conspicuous place facing the nearest street  
or roadway and shall display it continuously until the purpose for which the permit was  
issued is completed.  
(f) Zoning permits are valid for 1 year and are not transferable. All buildings shall be  
completed within 1 year from the date of issuance of the zoning permit. However, 1  
extension may be authorized by the zoning administrator, in writing, for a period of  
not more than 6 months if conditions pertaining to the issuance of the original  
permit remain unchanged. An application for an extension shall be made before the  
permit expires. Any subsequent extensions for a variance approval shall have the  
written approval of the zoning review board.  
(2) An application for a special use permit shall be submitted and processed  
pursuant to all the following procedures:  
(a) An application for a special use permit shall be made on an application form  
that is available from the zoning administrator and shall be returned to the zoning  
administrator. A completed application shall contain all of the following information  
and attachments:  
(i) A completed application form that is signed by the applicant or the applicant's  
representative.  
(ii) Eight copies of a site plan that meets the requirements of R 281.176.  
(iii) Evidence of ownership or a legal interest in the property that is affected by the  
application for a special use.  
(iv) A list of all property owners, together with their addresses, who are located within  
300 feet of the applicant's property that is being considered for a special use.  
(b) The application, together with the required attachments, shall be submitted not  
less than 30 days before the meeting of the zoning review board at which the application  
is to be considered.  
(c) The zoning review board shall conduct at least 1 public hearing and shall require  
all of the following notifications of such hearing to be made not less than 5, nor more  
than 15, days before consideration of the special use application:  
(i) One notice shall be published in a newspaper that circulates in the township in  
which the proposal is located.  
(ii) Notice shall be sent by first-class mail or personal delivery to the owners of  
property for which approval is being considered and to all persons who are identified in  
2(a)(iv) of this subrule.  
(iii) Notice shall also be sent to all of the following entities:  
(A) The natural rivers unit of the Michigan department of natural resources.  
(B) Local tax assessing officials.  
(C) Township and county clerks.  
(D) Local building inspectors.  
(E) State, district, or county health department, when applicable.  
Page 113  
(d) In considering a special use application, the zoning review board shall require  
that all of the following general standards, in addition to those specific standards  
established for each special use in R 281.177 be satisfied:  
(i) That the purposes specified in R 281.172 are accomplished.  
(ii) That a compelling reason exists to locate the proposed use within the district  
boundaries if contiguous property under the same ownership is available outside the  
district.  
(iii) That the proposed use in combination with other existing uses will not be a  
detriment to the public health, safety, and welfare.  
(e) The zoning review board may impose conditions deemed necessary to  
accomplish the general and specific standards applicable to the proposed use.  
(f) The concurring vote of at least 4 of the 7 voting members of the zoning review  
board shall be required to approve a special use.  
(g) A special use that is granted by the zoning review board shall be valid for 1 year  
from the date of approval. If construction has not, in the opinion of the zoning review  
board, commenced and proceeded meaningfully at the end of the 1-year period, then the  
zoning administrator shall notify the applicant, in writing, of the expiration of the special  
use approval.  
(h) If the zoning review board determines that the applicant has failed to comply with  
any of the requirements of these rules or the approved special use permit, then the  
board, after a public hearing held in accordance with the provisions of subrule (c) of  
this rule may revoke any special use approval.  
(i) An application for a special use that has been denied by the zoning review board  
shall not be submitted for reconsideration unless, in the opinion of the zoning  
administrator, the application is significantly different in scope from the application  
that was denied or new and significant facts and conditions exist which may result in  
favorable action upon resubmission.  
(j) Concurrent with the issuance of a special use permit, an applicant shall receive a  
copy of the approved site plan, with conditions, if any.  
(k) Before commencing construction of a special use, an applicant shall display the  
permit required by these rules face out in a conspicuous place facing the nearest street  
or roadway and shall display it continuously until the purpose for which the permit was  
issued is completed.  
History: 2004 AACS.  
R 281.179 Variances and variance hearings.  
Rule 9. (1) A dimensional variance from these rules may be granted by the zoning  
review board after a public hearing or, in certain instances, by the zoning administrator  
as provided in subrule (3) of this rule to allow a modification from a standard that  
establishes an area, yard, height, floor space, frontage, setback, or similar numerical  
restriction, but only after substantive evidence establishes that there are practical  
difficulties in complying with these rules. A variance shall be permitted only when it  
is consistent with the general purposes and intent of these rules.  
Page 114  
(2) The zoning review board or zoning administrator shall consider all of the following  
factors in determining if there are practical difficulties in complying with these rules as  
specified in subrule (1) of this rule:  
(a) How substantial the variance is in relation to the zoning requirements.  
(b) Whether a substantial change will be effected in the character of the area or a  
substantial detriment created for adjoining properties.  
(c) Whether the difficulty can be overcome by some feasible method other than a  
variance.  
(d) Whether, in view of the manner in which the difficulty arose, the interests of  
justice shall be served by allowing the variance.  
(e) Whether the plight of the landowner is due to circumstances which are unique to  
his or her property and which are not created by the landowner.  
(f) Whether the variance may result in a material adverse effect on the environment.  
(3) For the purposes of these rules, the required hearing and review of a  
variance request by the zoning review board shall be waived for certain minor  
dimensional variances of principal uses, including legal nonconforming uses. Such  
variances shall be handled by the zoning administrator, who shall consider the  
provisions of subrule (2) of this rule in making a determination. The zoning  
administrator shall prepare a written finding of fact that details the reasons for approval  
or denial of the minor variance  
request. Minor variances are defined as reductions in setbacks for uses on any lawful lot  
that are not more than 25% of the normal dimensional requirements. Such uses  
shall include principal or accessory buildings or structures, including decks, porches,  
and steps.  
(4) A land use variance is a land or building use in contravention of any of the use  
requirements of these rules. The zoning review board may, after a public hearing, grant a  
variance upon  
a
finding of unnecessary hardship, which may be found upon  
substantial evidence being submitted that all of the following factors exist:  
(a) The property cannot be used in a manner that is consistent with existing zoning.  
(b) The hardship results from the application of these rules to the applicant's  
property.  
(c) The hardship of which the applicant complains is suffered by his or her property  
directly and is not shared by others.  
(d) The hardship is not the result of the applicant's own actions.  
(e) The hardship is peculiar to the applicant's own property.  
(5) In determining whether reasonable use may be made of the property as zoned, a  
reasonableeconomic return may be a factor that could be considered, but only if the  
applicant is in compliance with the provisions of subrules  
(1) to (4) of this rule. Whether any weight shall be given to the economic return factor  
shall be dependent on a determination that the owner has been deprived of all beneficial  
use of his or her property under existing zoning.  
(6) For a land use variance, the zoning review board shall, after finding that  
unnecessary hardship exists, also find that, based on adequate evidence, the proposed use  
meets all of the following conditions:  
(a) The use will be consistent with and in accordance with the general objectives of  
the Upper Manistee River natural river plan.  
Page 115  
(b) The use will be designed, constructed, operated, and maintained so as to be  
consistent with and appropriate in appearance with the existing or intended character  
of the natural river district and the use will not change the essential character of the  
natural river district.  
(c) The use will be adequately served by existing essential public facilities and  
services, such as highways, police and fire protection, drainage structures, refuse  
disposal, and sanitation facilities, or the persons or agencies that are responsible for  
the establishment of the proposed use may adequately provide essential services.  
(d) The use will not involve uses, activities, processes, materials and equipment, and  
conditions of operation that will be detrimental to any persons, property, or the  
environmental quality of the district because of the excessive production of noise,  
smoke, fumes, glare, or odors or require the outdoor storage of raw materials or  
discarded materials produced in the use processes.  
(e) The use will be consistent with the intent and purposes of these rules.  
(f) The use or the structures to be used will not cause an overcrowding of the land or  
an undue concentration of population that may result in degradation to the river and  
district.  
(g) The use plot area is sufficient, appropriate, and adequate for the use and the  
reasonable anticipated operation and expansion thereof.  
(7) Upon receipt of an application for a variance, the zoning review board shall conduct  
a hearing on the request, except as provided in subrule (3) of this rule. The hearing and  
notice procedure shall follow the procedure established for special use applications by  
the provisions of R 281.178. A decision shall be made within 30 days after the final  
hearing to approve or deny the variance request. The zoning review board shall keep  
complete and detailed records of all its proceedings, which shall include the minutes of  
its meetings, its findings, and actions taken on each matter heard by it, including the  
final order. Reasons for the decision shall be in writing. The board shall record the vote  
of each member on each question. If a member is absent or fails to vote, the board shall  
indicate such fact. All records shall be open for public inspection. The concurring  
vote of at least 4 of the 7 voting members of the zoning review board shall be necessary  
to effect a dimensional variance in these rules. The concurring vote of at least 5 of the  
7 voting members of the zoning review board is required to grant a land use variance in  
these rules. If the required concurring vote for approval of a variance is not achieved,  
then the variance is considered to be denied.  
(8) The zoning review board shall not issue a land use variance when the  
district allows the use as a special use.  
(9) The effect of any variance shall be to create a nonconforming land use, lot, or  
structure that is then subject to R 281.180, which regulates continued use.  
(10) The zoning review board or the zoning administrator may impose conditions  
on an applicant before granting a variance. Such conditions shall be in writing. The  
zoning permit issued for the project for which the variance was approved is not valid  
until the applicant accepts the conditions in writing.  
(11) An application for a variance that has been denied by the zoning review board  
or zoning administrator shall not be submitted for reconsideration unless, in the  
opinion of the zoning administrator, the application is significantly different in scope  
Page 116  
from the application that was denied or new and significant facts, and conditions exist  
which might result in favorable action upon resubmission.  
History: 2004 AACS.  
R 281.180 Pine river system boundaries.  
Rule 130. The boundaries of the Pine river natural river district shall be as described in  
these rules and as depicted on the certified Pine river natural river zoning map with an  
effective date of December 27, 2004. The Pine river natural river zoning district  
comprises an area that is described as follows:  
(a) The Pine river mainstream, from the confluence of the North Branch Pine river and  
the East Branch Pine river in section 29, T20N, R10W to M-55.  
(b) The north branch Pine river from its easternmost crossing of the north line of section  
20, T21N, R9W to its confluence with the east branch Pine river. Lands adjacent to the  
north branch Pine river from its confluence with Spalding creek to its confluence with the  
east branch are subject to mainstream development standards in R 281.88.  
(c) Spalding creek from 46 road in section 16, T21N, R10W to its confluence with the  
north branch Pine river.  
(d) Fairchild creek from its source in section 13, T21N, R11W to its confluence with the  
north branch Pine river.  
(e) Sixteen creek from its source in section 2, T20N, R10W to its confluence with the  
north branch Pine river.  
(f) An unnamed stream from the outfall of a dam in section 8, T20N, R10W to its  
confluence with the Pine river.  
(g) The east branch Pine river from the outfall of a lake in section 1, T20N, R10W to its  
confluence with the north branch Pine river.  
(h) The Rose lake outlet from its sources at the outfall of Rose lake in section 3, T19N,  
R9W and the outfall of Emery lake in section 34, T20N, R9W, to its confluence with the  
east branch Pine river.  
(i) Edgett creek from 190th road in section 36, T20N, R10W to its confluence with the  
Rose lake outlet including both branches of the Diamond lake outlet from their sources in  
section 26, T20N, R10W to the confluence with Edgett creek.  
(j) An unnamed stream from its source in section 20, T20N, R9W to its confluence with  
the Rose lake outlet.  
(k) Sprague creek from the outfall of a pond in the center of section 33, T20N, R10W to  
its confluence with the Pine river.  
(l) Beaver creek from the north/south centerline of section 11, T19N, R10W to its  
confluence with the Pine river.  
(m) Little Beaver creek from the outlet of a large pond in the northeast 1/4 of section 19,  
T19N, R10W to its confluence with Beaver creek.  
(n) An unnamed stream from the outfall of the southernmost of two ponds in section 14,  
T19N, R11W to its confluence with the Pine river.  
(o) Coe creek from the outfall of Lake Olga in section 1, T20N, R11W to its confluence  
with the Pine river.  
(p) Dyer creek from the outfall of a small pond in section 13, T20N, R11W to its  
confluence with Coe creek.  
Page 117  
(q) Sellars creek from its source in section 21, T20N, R11W to its confluence with the  
Pine river.  
(r) An unnamed stream from its source in section 20, T20N, R11W to its confluence  
with the Pine river.  
(s) An unnamed stream from its source in section 19, T20N, R11W to its confluence  
with the Pine river.  
(t) An unnamed stream from its source in section 24, T20N, R12W to its confluence  
with the Pine river.  
(u) Silver creek from its source in section 15, T20N, R11W to its confluence with the  
Pine river, including all perennial tributaries from their sources to their confluence with  
Silver creek.  
(v) An unnamed stream from its source in section 13, T20N, R12W to its confluence  
with the Pine river.  
(w) An unnamed stream from its source in section 11, T20N, R12W to its confluence  
with the Pine river.  
(x) An unnamed stream from its source in section 7, T20N, R11W to its confluence with  
the Pine river.  
(y) An unnamed stream from the west line of section 6, T20N, R11W to its confluence  
with the Pine river.  
(z) Poplar creek from its source in section 26, T21N, R11W to its confluence with the  
Pine river.  
(aa) Dowling creek from its 2 sources in sections 21 and 28, T21N, R11W to its  
confluence with Poplar creek.  
(bb) Hoxey creek from its source in section 25, T21N, R12W to its confluence with the  
Pine river.  
(cc) An unnamed creek from its sources in section 27 and 34, T21N, R12W to its  
confluence with the Pine river.  
(dd) Yates creek from its source in section 22, T21N, R12W to its confluence with the  
Pine river.  
(ee) All lakes, ponds, impoundments or other surface water bodies not traditionally  
considered rivers, streams, or creeks if they are a contiguous part of the stream segments  
listed in subdivisions (a) to (dd) of this rule.  
(ff) The lands lying within 400 feet of the river's edge as described in subdivisions (a) to  
(dd) of this rule.  
History: 2004 AACS; 2013 AACS.  
R 281.181 Pine river system principal uses; natural vegetation strip; vegetative  
cutting within river channel.  
Rule 131. (1) A principal use is allowed by right, but requires the issuance of a zoning  
permit by the zoning administrator. A principal use includes all of the following:  
(a) A single-family dwelling or short-term rental facility with all the following  
provisions:  
(i) The minimum building setback not less than 150 feet from the ordinary high-water  
mark on the mainstream and the north branch Pine river from its confluence with  
Spalding creek to its confluence with the east branch Pine river and not less than 100 feet  
Page 118  
from the ordinary high-water mark on all other designated tributaries, except as described  
in R 281.57.  
(ii) On the mainstream and the north branch Pine river from its confluence with  
Spalding creek to its confluence with the east branch Pine river the setback may be  
decreased 1 foot for every 1-foot rise in bank height to a minimum distance of 100 feet  
from the ordinary high-water mark. The reduction in setback does not apply until the  
bank height reaches 25 feet, at which point the reduction in setback is 25 feet.  
(iii) On all other tributaries, the setback may be decreased 1 foot for every 1-foot rise in  
bank height to a minimum distance of 75 feet from the ordinary high-water mark. The  
reduction in setback does not apply until the bank height reaches 15 feet, at which point  
the reduction in setback is 15 feet.  
(iv) A dwelling shall be set back not less than 50 feet from the crest of a bluff on the  
mainstream and the north branch Pine river from its confluence with Spalding creek to its  
confluence with the east branch Pine river, and not less than 25 feet from the crest of a  
bluff on all other designated tributaries.  
(v) Building shall not take place on land that is subject to flooding or in any wetland  
area.  
(vi) The natural contour of the face and crest of the bluff shall not be altered.  
(vii) The land between the crest of the bluff and the minimum building setback line shall  
not be altered except for minor landscaping activities.  
(b) Accessory buildings and appurtenances that meet the setback and other development  
requirements of subdivision (a) of this subrule.  
(c) One private boat dock per parcel, unless otherwise provided for in these rules,  
subject to R 281.57.  
(d) One private river access stairway per parcel, subject to R 281.57.  
(e) Utility lines to service a single-family dwelling or short-term rental facility.  
(f) A disposal field, septic tank, and outhouse, with all the following provisions:  
(i) A septic tank and disposal field meet local health department standards.  
(ii) A disposal field located not less than 100 feet from the ordinary high-water mark  
and any surface or subsurface drain that discharges into the Pine river or its designated  
tributaries, and not located within the 100-year floodplain, a wetland area, or the natural  
vegetation strip.  
(iii) A septic tank shall not be closer to the river than the dwelling it serves and not  
located within a wetland area.  
(iv) An outhouse constructed using a watertight waste containment system that allows  
waste to be pumped and hauled to an appropriate disposal site, shall be located not less  
than 100 feet from the ordinary high-water mark and any surface or subsurface drain that  
discharges into the Pine river or its designated tributaries, and shall not be located within  
the 100-year floodplain, a wetland area, or the natural vegetation strip.  
(v) Drywells and earth privies are not permitted unless authorized by the local health  
department, are a minimum of 100 feet from the ordinary high water mark, and the  
bottom of the pit or seepage bed is at least 4 feet above the seasonal high groundwater  
table.  
(vi) An alternative on-site treatment system that results in a higher level of treatment  
than a conventional system may be located not less than 50 feet from the river’s edge on  
designated tributaries, except the north branch of the Pine river from the confluence with  
Page 119  
Spalding creek to the confluence with the east branch of the Pine river, provided no part  
of the system is in a wetland or the 100-year floodplain.  
(vii) Disposal of sludge from any wastewater treatment system is prohibited in the  
natural river district.  
(g) Mining and extracting industries, if all land disturbances, structures, and other  
activities related to the industry are located more than 300 feet from the ordinary high-  
water mark.  
(h) A land division, if any lot created after December 27, 2004, with all the following  
provisions:  
(i) Is accessible by a public road or legal easement on at least 1 side of the stream.  
(ii) Has at least 200 feet of river frontage, unless a riverfront “common area” subject to  
a conservation easement is established, or a parcel does not have river frontage, in which  
case this dimension shall be measured at the point of the parcel closest to the river, and at  
least 200 feet wide at the minimum building setback line.  
(iii) Contains at least 1/2 acre of existing contiguous upland buildable area (non-  
wetland, non-floodplain) landward of the minimum building setback line.  
(iv) Contains at least 80,000 square feet of area within the natural river district. Any  
“common area” created or any bottomlands shall not be used in any calculations related  
to minimum parcel area. If a parcel does not have river frontage, and the front line of the  
parcel is greater than 150 feet from the river’s edge at all points, this subdivision does not  
apply, and the minimum parcel width will be measured at the front lot line.  
(v) Has sufficient depth and upland area to accommodate the required building setbacks  
pursuant to the standards in this rule.  
(vi) A lot that exists on December 27, 2004, shall not be subdivided or reduced in  
dimension or area below the minimum requirements of this rule. Any lot created after  
December 27, 2004, shall meet the minimum requirements of this rule, except as provided  
in R 281.56.  
(i) Home occupations and home-based occupations, subject to R 281.57.  
(j) Land alteration, subject to R 281.57.  
(k) Bridges, subject to R 281.58.  
(l) Forest management activities within the natural vegetation strip, subject to R 281.57.  
(m) A boardwalk that meets the minimum building setback requirements in this  
subdivision and a boardwalk associated with a footpath to the river’s edge, subject to R  
281.57.  
(n) Bank stabilization and fisheries habitat improvement activities, subject to R 281.57.  
(2) Within the Pine river natural river district, a natural vegetation strip that includes the  
river and all lands within 100 feet of the ordinary high-water mark shall be maintained on  
each side of the Pine river mainstream and the north branch Pine river from its confluence  
with Spalding creek to its confluence with the east branch Pine river. A restrictive cutting  
belt that includes the river and all lands within 50 feet of the ordinary high-water mark shall  
be maintained on each side of all designated tributaries. Cutting in the natural vegetation  
strip is subject to R 281.57.  
(3) In the Pine river system upstream of the confluence of the north branch Pine river  
and the east branch Pine river and on all tributaries, vegetation in the stream channel shall  
not be disturbed except to alleviate flooding that threatens a dwelling. In the Pine river  
mainstream downstream of the confluence of the north branch Pine river and the east  
Page 120  
branch Pine river vegetation may be selectively pruned to allow for safe navigation and to  
alleviate flooding that threatens a dwelling. This may include pruning of a maximum 8-  
foot wide section of vegetation. Portions of trees, logs, and other natural material  
imbedded in the stream channel shall not be disturbed.  
History: 2004 AACS; 2013 AACS.  
R 281.182 Appeals; contested cases.  
Rule 12. An aggrieved party who contests the decision of the zoning administrator  
or zoning review board shall be granted a hearing if a petition is filed with the director  
within 60 days after notice of disapproval is received. The hearing shall be conducted  
pursuant to the provisions for contested cases of 1969 PA 306, MCL 24.201, and R  
299.3071 to R 299.3081.  
History: 2004 AACS.  
R 281.183 Violations; effect; remedies.  
Rule 13. (1) After the effective date of these rules, a building or structure or land  
shall not be used or occupied, and a building or structure or part thereof shall not be  
erected, constructed, reconstructed, moved, or structurally altered, unless the  
building, structure, or land is in compliance with the provisions of these rules. A  
permit or variance shall not be approved, and action shall not be taken, if approval of  
the permit or variance or the action taken violates these rules. The director shall not  
waive any of his or her rights or remedies against any person who violates these rules if  
the violations were committed in reliance on an authorization erroneously given in  
violation of any provision of these rules. Any authorized permit, variance, or action  
that is contrary to these rules is deemed invalid from the date of the authorization.  
(2) In addition to all other remedies, the director may institute appropriate action  
or proceedings to prevent, restrain, correct, or abate rule violations or threatened  
violations.  
History: 2004 AACS.  
R 281.184 Boundaries and permitted uses; changes, amendments, and  
supplements; precedence of local zoning ordinance over rules.  
Rule 14. (1) The director may make changes, amendments, and supplements to  
boundaries and to permitted uses requested by a local unit of government or by a  
landowner following a hearing held pursuant to the provisions of sections 71 to 87 of  
1969 PA 306, MCL 24.271 to 24.287, if implementation of the change, amendment, or  
supplement does not contravene the purposes of these rules as specified in R 281.182.  
(2) Copies of any changes, supplements to boundaries, or adopted amendments  
shall be sent to all of the following entities:  
(a) The county register of deeds.  
(b) Township and county clerks.  
Page 121  
(c) The local building inspector.  
(d) Local soil erosion and sedimentation control enforcement agencies.  
(e) The conservation district.  
(f) County drain commissioner.  
(g) Zoning review board members.  
(3) A local zoning ordinance that meets all of the requirements of Natural Rivers Part  
305 of 1994 PA 451, and either 1943 PA 184, MCL, 1943 PA 183, MCL, whichever is  
applicable, shall take precedence over these rules. If a local zoning ordinance does not  
meet all of the requirements of Natural Rivers Part 305 of 1994 PA 451, or if  
the local ordinance becomes inapplicable to the land area encompassed by the Upper  
Manistee River natural river district through court action or for any other reason, these  
rules shall apply. A local unit of government may, at any time, request the assistance  
of the department of natural resources in developing an ordinance that meets the  
requirements of Natural Rivers Part 305 of 1994 PA 451. The director shall determine  
if a local ordinance meets all of the requirements of Natural Rivers Part 305 of 1994 PA  
451, and shall notify the local unit of government of his or her decision in writing. If the  
director withdraws his or her approval of a local zoning ordinance, these rules shall  
apply.  
History: 2004 AACS.  
R 281.190 Upper Manistee river system boundaries.  
Rule 140. The boundaries of the Upper Manistee river natural river district shall be as  
described in these rules and as depicted on the certified Upper Manistee river natural  
river zoning map with an effective date of December 27, 2004. The Upper Manistee  
river natural river zoning district comprises an area that is described as follows:  
(a) The Manistee river mainstream from its sources in sections 1 and 12, T29N, R5W to  
the Wexford/Missaukee county line.  
(b) Frenchman's creek from the Lake Elizabeth dam in section 30, T29N, R4W to its  
confluence with the Manistee river.  
(c) Lost Lake outlet from the outfall of Lost lake in section 6, T28N, R4W to its  
confluence with the Manistee river.  
(d) An unnamed stream from its source in section 13, T28N, R5W to its confluence with  
the Manistee river.  
(e) Goose creek from Cameron bridge road to its confluence with the Manistee river.  
(f) Portage creek from the control structure near the outfall of Lake Margrethe, section  
8, T26N, R4W to its confluence with the Manistee river, including all braided channels.  
(g) All perennial tributaries to Portage creek from their sources to their confluence with  
Portage creek.  
(h) Clear creek from its source at Boiling springs in section 28, T26N, R5W to its  
confluence with the Manistee river.  
(i) Black creek from the outfall of south Black lake in section 21, T27N, R5W to its  
confluence with the Manistee river, including all braided channels.  
(j) All perennial tributaries to Black creek from their sources to their confluence with  
Black creek.  
Page 122  
(k) Dempsey creek from its source in section 19, T26N, R5W to its confluence with the  
Manistee river.  
(l) Big Devil creek from its source in section 18, T25N, R5W to its confluence with the  
Manistee river.  
(m) Big Cannon creek from its source in section 5, T24N, R5W to its confluence with  
the Manistee river.  
(n) The north branch Manistee river from county road 612 in section 3, T27N, R6W to  
its confluence with the Manistee river.  
(o) An unnamed stream from Tower road in section 25, T28N, R6W to its confluence  
with the north branch Manistee river.  
(p) Morrison creek from its source in section 28, T27N, R6W to its confluence with the  
north branch Manistee river.  
(q) Collar creek from its source in section 33, T27N, R6W to its confluence with  
Morrison creek.  
(r) Flowing Well creek from its sources in section 26, T27N, R6W to its confluence  
with Morrison creek.  
(s) All other perennial tributaries to the north branch Manistee river from their sources  
to their confluence with the north branch Manistee river.  
(t) Willow creek from its source in section 14, T26N, R7W to its confluence with the  
Manistee river.  
(u) Pierson creek from its source in section 12, T26N, R7W to its confluence with  
Willow creek.  
(v) Maple creek from its source in section 22, T26N, R7W to its confluence with the  
Manistee river.  
(w) Little Cannon creek from multiple sources in sections 29, 31 and 32, T25N, R6W to  
its confluence with the Manistee river.  
(x) Silver creek from its source in section 1, T24N, R7W to its confluence with Little  
Cannon creek.  
(y) Waterhole creek and all tributaries from their multiple sources in T25N, R7W to the  
confluence with the Manistee river.  
(z) Babcock creek from its sources in section 33, T25N, R7W to its confluence with the  
Manistee river.  
(aa) Filer creek from its source in section 4, T24N, R7W to its confluence with the  
Manistee river.  
(bb) Nelson creek from its sources in section 30, T25N, R7W to its confluence with the  
Manistee river.  
(cc) Spring creek from its sources in section 22, T25N, R8W to its confluence with the  
Manistee river.  
(dd) Bourne creek from its sources in section 29, T25N, R8W to its confluence with the  
Manistee River.  
(ee) Ham creek from its source in section 24, T24N, R8W to its confluence with the  
Manistee river, including two tributaries with sources in sections 3 and 9.  
(ff) Gravy creek from its source in section 5, T24N, R8W to its confluence with the  
Manistee river.  
(gg) Haynes creek from its source in section 31, T25N, R8W to its confluence with the  
Manistee river.  
Page 123  
(hh) Hopkins creek from its source in section 17, T23N, R7W to its confluence with the  
Manistee river.  
(ii) Fisher creek (also known as Hopkins creek on the United States Geological Survey  
topographic map) from its source in section 31, T25N, R8W to its confluence with the  
Manistee river.  
(jj) All lakes, ponds, impoundments or other surface water bodies not traditionally  
considered rivers, streams, or creeks if they are a contiguous part of the stream segments  
listed in subdivisions (a) to (ii) of this rule.  
(kk) The lands lying within 400 feet of the river's edge as described in subdivisions (a)  
to (jj) of this rule.  
History: 2013 AACS.  
R 281.191 Upper Manistee river system principal uses; natural vegetation strip;  
vegetative cutting within river channel.  
Rule 141 (1) A principal use is allowed by right, but requires the issuance of a zoning  
permit by the zoning administrator. A principal use includes all of the following:  
(a) A single-family dwelling or short-term rental facility with all the following  
provisions:  
(i) The minimum building setback shall be not less than 100 feet from the ordinary high-  
water mark on the mainstream and other designated tributaries, except as described in R  
281.57.  
(ii) A dwelling shall be set back not less than 50 feet from the crest of a bluff on the  
mainstream and not less than 25 feet from the crest of a bluff on designated tributaries.  
(iii) Building shall not take place on land that is subject to flooding or in any wetland  
area.  
(iv) The natural contour of the face and crest of the bluff shall not be altered.  
(v) The land between the crest of the bluff and the minimum building setback line shall  
not be altered except for minor landscaping activities.  
(b) Accessory buildings and appurtenances that meet the setback and other development  
requirements of subdivision (a) of this subrule.  
(c) One private boat dock per parcel, unless otherwise provided for in these rules,  
subject to the provisions of R 281.57.  
(d) One private river access stairway per parcel, subject to R 281.57.  
(e) Utility lines to service a single-family dwelling or short-term rental facility.  
(f) A disposal field, septic tank, and outhouse, with all the following provisions:  
(i) A septic tank and disposal field meet local health department standards.  
(ii) A disposal field located not less than 100 feet from the ordinary high-water mark  
and any surface or subsurface drain that discharges into the Upper Manistee river or its  
designated tributaries, and not located within the 100-year floodplain, a wetland area, or  
the natural vegetation strip.  
(iii) A septic tank shall not be closer to the river than the dwelling it serves and not  
located within a wetland area.  
(iv) An outhouse constructed using a watertight waste containment system that allows  
waste to be pumped and hauled to an appropriate disposal site, located not less than 100  
feet from the ordinary high-water mark and any surface or subsurface drain that  
Page 124  
discharges into the Upper Manistee river or its designated tributaries, and not located  
within the 100-year floodplain, a wetland area, or the natural vegetation strip.  
(v) Drywells and earth privies are not permitted unless authorized by the local health  
department, are a minimum of 100 feet from the ordinary high water mark, and the  
bottom of the pit or seepage bed is at least 4 feet above the seasonal high groundwater  
table.  
(vi) An alternative on-site treatment system that results in a higher level of treatment  
than a conventional system may be located not less than 75 feet from the river’s edge on  
designated tributaries, provided no part of the system is in a wetland or the 100-year  
floodplain.  
(vii) Disposal of sludge from any wastewater treatment system is prohibited in the  
natural river district.  
(g) Mining and extracting industries, if all land disturbances, structures, and other  
activities related to the industry are located more than 300 feet from the ordinary high-  
water mark.  
(h) A land division, if any lot created after December 27, 2004, with the following  
provisions:  
(i) Is accessible by a public road or legal easement on at least 1 side of the stream.  
(ii) Has at least 200 feet of river frontage, unless a riverfront “common area” subject to  
a conservation easement is established, or a parcel does not have river frontage, in which  
case this dimension shall be measured at the point of the parcel closest to the river, and at  
least 200 feet wide at the minimum building setback line.  
(iii) Contains at least one-half acre of existing contiguous upland buildable area (non-  
wetland, non-floodplain) landward of the minimum building setback line.  
(iv) Contains at least 80,000 square feet of area within the natural river district. Any  
“common area” created or any bottomlands shall not be used in any calculations related  
to minimum parcel area. If a parcel does not have river frontage, and the front line of the  
parcel is greater than 150 feet from the river’s edge at all points, this subdivision does not  
apply, and the minimum parcel width will be measured at the front lot line.  
(v) Has sufficient depth and upland area to accommodate the required building setbacks  
pursuant to the standards in this rule.  
(vi) A lot that exists on December 27, 2004, shall not be subdivided or reduced in  
dimension or area below the minimum requirements of this rule. Any lot created after  
December 27, 2004, shall meet the minimum requirements of this rule, except as  
provided in R 281.56.  
(i) Home occupations and home-based occupations, subject to R 281.57.  
(j) Land alteration, subject to R 281.57.  
(k) Bridges, subject to Rule 281.58.  
(l) Forest management activities within the natural vegetation strip, subject to R 281.57.  
(m) A boardwalk that meets the minimum building setback requirements in this  
subdivision and a boardwalk associated with a footpath to the river’s edge, subject to R  
281.58.  
(n) Bank stabilization and fisheries habitat improvement activities, subject to R 281.57.  
(2) Within the Upper Manistee river natural river district, a natural vegetation strip that  
includes the river and all lands within 75 feet of the ordinary high-water mark on each  
Page 125  
side of the Upper Manistee river mainstream and all designated tributaries. Cutting in the  
natural vegetation strip is subject to the provisions of R 281.57.  
(3) On all designated tributaries, vegetation in the stream channel may not be disturbed  
except to alleviate flooding that threatens a dwelling. In the Upper Manistee river  
mainstream vegetation may be selectively pruned to allow for safe navigation and to  
alleviate flooding that threatens a dwelling. This may include pruning of a maximum 8-  
foot wide section of vegetation. Portions of trees, logs, and other natural material  
imbedded in the stream channel shall not be disturbed.  
History: 2013 AACS.  
R 281.200 Two Hearted river system boundaries.  
Rule 150. The boundaries of the Two Hearted river natural river district shall be as  
described in these rules and as depicted on the certified Two Hearted river natural river  
zoning map with the effective date of these rules. The Two Hearted river natural river  
zoning district comprises an area which is described as follows:  
(a) The Two Hearted river from the confluence of the West Branch Two Hearted river  
and the north branch Two Hearted river in section 1, T48N, R11W to its mouth at Lake  
Superior.  
(b) The north branch Two Hearted river from its source in section 20, T48N, R12W, to  
its confluence with the west branch Two Hearted river.  
(c) Unnamed stream from its source in section 9, T48N, R12W, to its confluence with  
the north branch Two Hearted river.  
(d) The west branch Two Hearted river from its source, including the west branch lakes,  
in sections 9 and 10, T48N, R12W, to its confluence with the north branch Two Hearted  
river.  
(e) South branch Two Hearted river from its source, including Whorl pond, in section 4,  
T47N, R11W, to its confluence with the west branch Two Hearted river.  
(f) Dawson creek from its source in section 25, T48N, R11W, to its confluence with the  
Two Hearted river.  
(g) East branch Two Hearted river from its source in section 27, T48N, R10W, to its  
confluence with the Two Hearted river.  
(h) All lakes, ponds, impoundments or other surface water bodies not traditionally  
considered rivers, streams or creeks if they are a contiguous part of the stream segments  
listed in subdivisions (a) to (g) of this rule.  
(i) The lands lying within 400 feet of the river's edge as described in subdivisions (a) to  
(h) of this rule.  
History: 2013 AACS.  
R 281.201 Two Hearted river system principal uses; natural vegetation strip.  
Rule 151. (1) A principal use is allowed by right, but requires the issuance of a zoning  
permit by the zoning administrator. A principal use includes all of the following:  
(a) A single-family dwelling or short-term rental facility with all the following  
provisions:  
Page 126  
(i) The minimum building setback shall be not less than 100 feet from the crest of an  
eroding river bank, not less than 75 feet from the crest of a non-eroding river bank that is  
greater than 20 feet above normal water levels, and not less than 100 feet from the crest of  
a non-eroding river bank that is less than 20 feet above normal water levels, except as  
described in R 281.57.  
(ii) Building shall not take place on land that is subject to flooding or in any wetland  
area.  
(iii) The natural contour of the face and crest of the river bank shall not be altered.  
(iv) The land between the crest of the river bank and the minimum building setback line  
shall not be altered except for minor landscaping activities.  
(b) Accessory buildings and appurtenances that meet the setback and other development  
requirements of subdivision (a) of this subrule.  
(c) One private boat dock per parcel, unless otherwise provided for in these rules,  
subject to R 281.57.  
(d) One private river access stairway per parcel, subject to R 281.57.  
(e) Utility lines to service a single-family dwelling or short-term rental facility.  
(f) A disposal field, septic tank, and outhouse, with all the following provisions:  
(i) A septic tank and disposal field meet local health department standards.  
(ii) A disposal field located in conformance with the building setbacks outlined in  
subdivision (a) of this subrule and shall be not less than 100 feet from any surface or  
subsurface drain that discharges into the Two Hearted river or its designated tributaries,  
and not located within the 100-year floodplain, a wetland area, or the natural vegetation  
strip.  
(iii) A septic tank shall not be closer to the river than the dwelling it serves and shall not  
be located within a wetland area.  
(iv) An outhouse shall be constructed using a watertight waste containment system that  
allows waste to be pumped and hauled to an appropriate disposal site, shall be located not  
less than 100 feet from the ordinary high-water mark and any surface or subsurface drain  
that discharges into the Two Hearted river or its designated tributaries, and shall not be  
located within the 100-year floodplain, a wetland area, or the natural vegetation strip.  
(v) Drywells and earth privies are not permitted unless authorized by the local health  
department, are a minimum of 100 feet from the ordinary high-water mark, and the  
bottom of the pit or seepage bed is at least 4 feet above the seasonal high groundwater  
table.  
(vi) Disposal of sludge from any wastewater treatment system is prohibited in the  
natural river district.  
(g) Mining and extracting industries, if all land disturbances, structures, and other  
activities related to the industry are located more than 300 feet from the ordinary high-  
water mark.  
(h) A land division, if any lot created after the effective date of these rules, with all the  
following provisions:  
(i) Is accessible by a public road or legal easement on at least 1 side of the stream.  
(ii) Has at least 330 feet of river frontage (unless a riverfront “common area” subject to  
a conservation easement is established, or a parcel does not have river frontage, in which  
case this dimension shall be measured at the point of the parcel closest to the river) and is  
at least 330 feet wide at the minimum building setback line.  
Page 127  
(iii) Contains at least 10 acres of area. Any “common area” created or any bottomlands  
shall not be used in any calculations related to minimum parcel area.  
(iv) Has sufficient depth and upland area to accommodate the required building setbacks  
pursuant to this rule.  
(v) A lot that exists on the effective date of these rules shall not be subdivided or  
reduced in dimension or area below the minimum requirements of this rule. Lots that are  
created after the effective date of these rules shall meet the minimum requirements of this  
rule, except as provided in R 281.56.  
(i) Home occupations and home-based occupations, subject to R 281.57.  
(j) Land alteration, subject to R 281.57.  
(k) Bridges, subject to R 281.58.  
(l) Forest management activities within the natural vegetation strip, subject to R 281.57.  
(m) A boardwalk that meets the minimum building setback requirements in this  
subdivision and a boardwalk associated with a footpath to the river’s edge, subject to R  
281.57.  
(n) Bank stabilization and fisheries habitat improvement activities, subject to R 281.57.  
(2) Within the Two Hearted river natural river district, a natural vegetation strip that  
includes the river and all lands within 100 feet of the ordinary high-water mark shall be  
maintained on each side of the Two Hearted river mainstream and all designated  
tributaries. Cutting in the natural vegetation strip is subject to R 281.57.  
History: 1981 AACS; 2013 AACS.  
R 281.202 Rescinded.  
History: 1981 AACS; 2013 AACS.  
R 281.203 Rescinded.  
History: 1981 AACS; 2013 AACS.  
R 281.204 Rescinded.  
History: 1981 AACS; 2013 AACS.  
R 281.205 Rescinded.  
History: 1981 AACS; 2013 AACS.  
R 281.206 Rescinded.  
History: 1981 AACS; 2013 AACS.  
Page 128  
R 281.207 Rescinded.  
History: 1981 AACS; 2013 AACS.  
R 281.208 Rescinded.  
History: 1981 AACS; 2013 AACS.  
R 281.209 Rescinded.  
History: 1981 AACS; 2013 AACS.  
R 281.210 Lower Kalamazoo river system boundaries.  
Rule 160. The boundaries of the lower Kalamazoo river natural river district shall be as  
described in these rules and as depicted on the certified lower Kalamazoo river natural  
river zoning map with the effective date of these rules. The lower Kalamazoo river  
natural river zoning district comprises an area which is described as follows:  
(a) The mainstream of the lower Kalamazoo river from Calkins bridge dam at Lake  
Allegan in section 15, T2N, R14W to the east line of section 22, T3N, R16W including  
all channels of the mainstream (approximately 22 miles).  
(b) Rabbit river from 36th street in section 30, T4N, R13W to its confluence with the  
Kalamazoo river.  
(c) Bear creek from 36th street in section 19, T3N, 13W to its confluence with the  
Kalamazoo river.  
(d) Sand creek from the M-89 bridge in section 3, T2N, R14W to its confluence the  
Kalamazoo river.  
(e) Swan creek from 112th avenue in section 5 T1N, R14W to its confluence with the  
Kalamazoo river.  
(f) Mann creek from 128th avenue in section 28, T3N, R15W to its confluence with the  
Kalamazoo river.  
(g) All lakes, ponds, impoundments or other surface water bodies not traditionally  
considered rivers, streams or creeks if they are a contiguous part of the stream segments  
listed in subdivisions (a) to (f) of this rule.  
(h) The lands lying within 400 feet of the river's edge as described in subdivisions (a) to  
(g) of this rule.  
History: 1981 AACS; 2013 AACS.  
R 281.211 Lower Kalamazoo river system principal uses; natural vegetation strip.  
Rule 161. (1) A principal use is allowed by right, but requires the issuance of a zoning  
permit by the zoning administrator. A principal use includes all of the following:  
Page 129  
(a) A single-family dwelling or short-term rental facility with all the following  
provisions:  
(i) The minimum building setback shall be not less than 200 feet from the ordinary high-  
water mark on the mainstream and other designated tributaries, except as described in R  
281.57. The setback may be decreased 3 feet for every 1 foot of rise in bank height to a  
minimum of 75 feet from the ordinary high-water mark.  
(ii) A dwelling shall be set back not less than 50 feet from the crest of a bluff on the  
cutting edge of a stream and not less than 25 feet from the crest of a bluff on the  
noncutting edge of a stream.  
(iii) Building shall not take place on land that is subject to flooding or in any wetland  
area.  
(iv) The natural contour of the face and crest of the bluff shall not be altered.  
(v) The land between the crest of the bluff and the minimum building setback line shall  
not be altered except for minor landscaping activities.  
(b) Accessory buildings and appurtenances that meet the setback and other development  
requirements of subdivision (a) of this subrule.  
(c) One private boat dock per parcel, unless otherwise provided for in these rules,  
subject to R 281.57.  
(d) One private river access stairway per parcel, subject to R 281.57.  
(e) Utility lines to service a single-family dwelling or short-term rental facility.  
(f) A disposal field, septic tank, and outhouse, with all the following provisions:  
(i) A septic tank and disposal field meet local health department standards.  
(ii) A disposal field shall be located not less than 200 feet from the ordinary high-water  
mark and shall be not less than 50 feet from any surface or subsurface drain that  
discharges into the Lower Kalamazoo river or its designated tributaries, and shall not be  
located within the 100-year floodplain, a wetland area, or the natural vegetation strip.  
(iii) A septic tank shall not be closer to the river than the dwelling it serves and not  
located within a wetland area.  
(iv) An outhouse constructed using a watertight waste containment system that allows  
waste to be pumped and hauled to an appropriate disposal site, not located less than 100  
feet from the ordinary high-water mark and any surface or subsurface drain that  
discharges into the Lower Kalamazoo river or its designated tributaries, and not located  
within the 100-year floodplain, a wetland area, or the natural vegetation strip.  
(v) An alternative on-site treatment system that results in a higher level of treatment  
than a conventional system may be located not less than 50 feet from the river’s edge on  
designated tributaries.  
(vi) Drywells and earth privies are not permitted unless authorized by the local health  
department, are a minimum of 100 feet from the ordinary high-water mark, and the  
bottom of the pit or seepage bed is at least 4 feet above the seasonal high-groundwater  
table.  
(vii) Disposal of sludge from any wastewater treatment system is prohibited in the  
natural river district.  
(g) Mining and extracting industries, if all land disturbances, structures, and other  
activities related to the industry are located more than 300 feet from the ordinary high-  
water mark.  
Page 130  
(h) A land division, if any lot created after the effective date of these rules, with all the  
following provisions:  
(i) Is accessible by a public road or legal easement on at least 1 side of the stream.  
(ii) Has at least 150 feet of river frontage (unless a riverfront “common area” subject to  
a conservation easement is established, or a parcel does not have river frontage, in which  
case this dimension shall be measured at the point of the parcel closest to the river) and is  
at least 150 feet wide at the minimum building setback line.  
(iii) Contains at least 50,000 square feet of area in the natural river district. Any  
“common area” created or any bottomlands shall not be used in any calculations related  
to minimum parcel area. If a parcel does not have river frontage, and the front line of the  
parcel is greater than 150 feet from the river’s edge at all points, this subdivision does not  
apply, and the minimum parcel width will be measured at the front lot line.  
(iv) Has sufficient depth and upland area to accommodate the required building setbacks  
pursuant to this rule.  
(v) A lot that exists on the effective date of these rules shall not be subdivided or  
reduced in dimension or area below the minimum requirements of this rule. Lots that are  
created after the effective date of these rules shall meet the minimum requirements of this  
rule, except as provided in R 281.56.  
(i) Home occupations and home-based occupations, subject to R 281.57.  
(j) Land alteration, subject to R 281.57.  
(k) Bridges, subject to Rule 281.58.  
(l) Forest management activities within the natural vegetation strip, subject to R 281.57.  
(m) A boardwalk that meets the minimum building setback requirements in this  
subdivision and a boardwalk associated with a footpath to the river’s edge, subject to R  
281.57.  
(n) Bank stabilization and fisheries habitat improvement activities, subject to R 281.57.  
(2) Within the lower Kalamazoo river natural river district, a natural vegetation strip that  
includes the river and all lands within 50 feet of the ordinary high-water mark shall be  
maintained on each side of the lower Kalamazoo river mainstream and all designated  
tributaries. Cutting in the natural vegetation strip is subject to R 281.57.  
History: 1981 AACS; 2013 AACS.  
R 281.212 Rescinded.  
History: 1981 AACS; 2013 AACS.  
R 281.213 Rescinded.  
History: 1981 AACS; 2013 AACS.  
R 281.214 Rescinded.  
History: 1981 AACS; 2013 AACS.  
Page 131  
R 281.220 Fox river system boundaries.  
Rule 170. The boundaries of the Fox river natural river district shall be as described in  
these rules and as depicted on the certified Fox river natural river zoning map with the  
effective date of these rules. The Fox river natural river zoning district comprises an area  
described as follows:  
(a) All channels of the Fox river mainstream from its source above Casey lake in section  
21, T48N, R14W to the confluence with the Lake Branch of the Manistique river in  
section 25, T45N, R13W.  
(b) Casey creek from its source in section 20, T48N, R14W, to its confluence with the  
Fox river.  
(c) West branch from the confluence of Pelican creek in section 26, T48N, R15W,  
section 26) to its confluence with the Fox river.  
(d) Spring ponds (2), 1 mile below the west branch of the Fox river in section 16, T47N,  
R14W.  
(e) Little Fox from the outlet of Stanley lake in section 11 T47N, R15W to its  
confluence with the Fox river.  
(f) Hudson creek from its sources in sections 2 and 11, T46N, R14W to its confluence  
with the Fox river (all channels).  
(g) East Branch from its source above the reservoir in section 1, T47N, R14W to its  
confluence with the mainstream.(all channels)  
(h) Clear creek from its sources in sections 15 and 22, T47N, R13W to its confluence  
with the east branch Fox river.  
(i) Camp Seven creek from its source in section 30, T47N, R13W to its confluence with  
the east branch Fox river.  
(j) Cold creek from its sources in sections 3 and 10, T46N, R13W to its confluence with  
the east branch (all channels) Fox river.  
(k) Spring creek from its source at Spring creek pond in section 7, T46N, R12W to its  
confluence with Cold creek.  
(l) Deer creek from its sources in sections 17 and 18, T46N, R12W and in section 13,  
T46N, R13W to its confluence with the east branch (all channels) Fox river.  
(m) Bev creek from its source in section 21, T46N, R12W to its confluence with the east  
branch Fox river.  
(n) All lakes, ponds, impoundments or other surface water bodies not traditionally  
considered rivers, streams or creeks if they are a contiguous part of the stream segments  
listed in subdivisions (a) to (m) of this rule.  
(o) The lands lying within 400 feet of the river's edge as described in subdivisions (a) to  
(n) of this rule.  
History: 2013 AACS.  
R 281.221 Fox river system principal uses; natural vegetation strip.  
Rule 171. (1) A principal use is allowed by right, but requires the issuance of a zoning  
permit by the zoning administrator. A principal use includes all of the following:  
Page 132  
(a) A single-family dwelling or short-term rental facility with all the following  
provisions:  
(i) The minimum building setback shall be not less than 100 feet from the ordinary high-  
water mark on the mainstream and other designated tributaries, except as described in R  
281.57.  
(ii) A dwelling shall be set back not less than 50 feet from the crest of a bluff.  
(iii) Building shall not take place on land that is subject to flooding or in any wetland  
area.  
(iv) The natural contour of the face and crest of the bluff shall not be altered.  
(v) The land between the crest of the bluff and the minimum building setback line shall  
not be altered except for minor landscaping activities.  
(b) Accessory buildings and appurtenances that meet the setback and other development  
requirements of subdivision (a) of this subrule.  
(c) One private boat dock per parcel, unless otherwise provided for in these rules,  
subject to R 281.57.  
(d) One private river access stairway per parcel, subject to R 281.57.  
(e) Utility lines to service a single-family dwelling or short-term rental facility.  
(f) A disposal field, septic tank, and outhouse, with all the following provisions:  
(i) A septic tank and disposal field meet local health department standards.  
(ii) A disposal field located not less than 150 feet from the ordinary high-water mark  
and not less than 50 feet from any surface or subsurface drain that discharges into the Fox  
river or its designated tributaries, and not located within the 100-year floodplain, a  
wetland area, or the natural vegetation strip.  
(iii) A septic tank shall not be closer to the river than the dwelling it serves and shall not  
be located within a wetland area.  
(iv) An outhouse shall be constructed using a watertight waste containment system that  
allows waste to be pumped and hauled to an appropriate disposal site, shall be located not  
less than 100 feet from the ordinary high-water mark and any surface or subsurface drain  
that discharges into the Fox river or its designated tributaries, and shall not be located  
within the 100-year floodplain, a wetland area, or the natural vegetation strip.  
(v) Drywells and earth privies are not permitted unless authorized by the local health  
department, are a minimum of 100 feet from the ordinary high water mark, and the  
bottom of the pit or seepage bed is at least 4 feet above the seasonal high groundwater  
table.  
(vi) Disposal of sludge from any wastewater treatment system is prohibited in the  
natural river district.  
(g) Mining and extracting industries, if all land disturbances, structures, and other  
activities related to the industry are located more than 300 feet from the ordinary high-  
water mark.  
(h) A land division, if any lot created after the effective date of these rules, with all the  
following provisions:  
(i) Is accessible by a public road or legal easement on at least 1 side of the stream.  
(ii) Has at least 330 feet of river frontage (unless a riverfront “common area” subject to  
a conservation easement is established, or a parcel does not have river frontage, in which  
case this dimension shall be measured at the point of the parcel closest to the river) and is  
at least 330 feet wide at the minimum building setback line.  
Page 133  
(iii) Contains at least 5 acres of area. Any “common area” created or any bottomlands  
shall not be used in any calculations related to minimum parcel area.  
(iv) Has sufficient depth and upland area to accommodate the required building setbacks  
pursuant to this rule.  
(v) A lot that exists on the effective date of these rules shall not be subdivided or  
reduced in dimension or area below the minimum requirements of this rule. Lots that are  
created after the effective date of these rules shall meet the minimum requirements of this  
rule, except as provided in R 281.56.  
(i) Home occupations and home-based occupations, subject to R 281.57.  
(j) Land alteration, subject to R 281.57.  
(k) Bridges, subject to R 281.58.  
(l) Forest management activities within the natural vegetation strip, subject to R 281.57.  
(m) A boardwalk that meets the minimum building setback requirements in this  
subdivision and a boardwalk associated with a footpath to the river’s edge, subject to R  
281.57.  
(n) Bank stabilization and fisheries habitat improvement activities, subject to R 281.57.  
(2) Within the Fox river natural river district, a natural vegetation strip that includes the  
river and all lands within 100 feet of the ordinary high-water mark shall be maintained on  
each side of the Fox river mainstream and all designated tributaries. Cutting in the  
natural vegetation strip is subject to R 281.57.  
History: 1985 AACS; 2013 AACS.  
R 281.222 Rescinded.  
History: 1985 AACS; 2013 AACS.  
R 281.223 Rescinded.  
History: 1985 AACS; 2013 AACS.  
R 281.224 Rescinded.  
History: 1985 AACS; 2013 AACS.  
R 281.225 Rescinded.  
History: 1985 AACS; 2013 AACS.  
R 281.226 Rescinded.  
History: 1985 AACS; 2013 AACS.  
Page 134  
R 281.227 Rescinded.  
History: 1985 AACS; 2013 AACS.  
R 281.228 Rescinded.  
History: 1985 AACS; 2013 AACS.  
R 281.229 Rescinded.  
History: 1985 AACS; 2013 AACS.  
R 281.230 Rescinded.  
History: 1985 AACS; 2013 AACS.  
R 281.231 Rescinded.  
History: 1985 AACS; 2013 AACS.  
R 281.232 Rescinded.  
History: 1985 AACS; 2013 AACS.  
R 281.233 Rescinded.  
History: 1985 AACS; 2013 AACS.  
R 281.234 Rescinded.  
History: 1985 AACS; 2013 AACS.  
R 281.251 Rescinded.  
History: 1981 AACS; 2013 AACS.  
R 281.252 Rescinded.  
Page 135  
History: 1981 AACS; 2013 AACS.  
R 281.253 Rescinded.  
History: 1981 AACS; 2013 AACS.  
R 281.254 Rescinded.  
History: 1981 AACS; 2013 AACS.  
R 281.255 Rescinded.  
History: 1981 AACS; 2013 AACS.  
R 281.256 Rescinded.  
History: 1981 AACS; 2013 AACS.  
R 281.257 Rescinded.  
History: 1981 AACS; 2013 AACS.  
R 281.258 Rescinded.  
History: 1981 AACS; 2013 AACS.  
R 281.259 Rescinded.  
History: 1981 AACS; 2013 AACS.  
R 281.260 Rescinded.  
History: 1981 AACS; 2013 AACS.  
R 281.261 Rescinded.  
History: 1981 AACS; 2013 AACS.  
Page 136  
R 281.262 Rescinded.  
History: 1981 AACS; 2013 AACS.  
R 281.263 Rescinded.  
History: 1981 AACS; 2013 AACS.  
R 281.264 Rescinded.  
History: 1981 AACS; 2013 AACS.  
R 281.271 Rescinded.  
History: 1985 AACS; 2013 AACS.  
R 281.272 Rescinded.  
History: 1985 AACS; 2013 AACS.  
R 281.273 Rescinded.  
History: 1985 AACS; 2013 AACS.  
R 281.274 Rescinded.  
History: 1985 AACS; 2013 AACS.  
R 281.275 Rescinded.  
History: 1985 AACS; 2013 AACS.  
R 281.276 Rescinded.  
History: 1985 AACS; 2013 AACS.  
R 281.277 Rescinded.  
Page 137  
History: 1985 AACS; 2013 AACS.  
R 281.278 Rescinded.  
History: 1985 AACS; 2013 AACS.  
R 281.279 Rescinded.  
History: 1985 AACS; 2013 AACS.  
R 281.280 Rescinded.  
History: 1985 AACS; 2013 AACS.  
R 281.281 Rescinded.  
History: 1985 AACS; 2013 AACS.  
R 281.282 Rescinded.  
History: 1985 AACS; 2013 AACS.  
R 281.283 Rescinded.  
History: 1985 AACS; 2013 AACS.  
R 281.284 Rescinded.  
History: 1985 AACS; 2013 AACS.  
R 281.321 Rescinded.  
History: 1990 AACS; 2013 AACS.  
R 281.322 Rescinded.  
History: 1990 AACS; 2013 AACS.  
Page 138  
R 281.323 Rescinded.  
History: 1990 AACS; 2013 AACS.  
R 281.324 Rescinded.  
History: 1990 AACS; 2013 AACS.  
R 281.325 Rescinded.  
History: 1990 AACS; 2013 AACS.  
R 281.326 Rescinded.  
History: 1990 AACS; 2013 AACS.  
R 281.327 Rescinded.  
History: 1990 AACS; 2013 AACS.  
R 281.328 Rescinded.  
History: 1990 AACS; 2013 AACS.  
R 281.329 Rescinded.  
History: 1990 AACS; 2013 AACS.  
R 281.330 Rescinded.  
History: 1990 AACS; 2013 AACS.  
R 281.331 Rescinded.  
History: 1990 AACS; 2013 AACS.  
R 281.332 Rescinded.  
History: 1990 AACS; 2013 AACS.  
Page 139  
R 281.333 Rescinded.  
History: 1990 AACS; 2013 AACS.  
R 281.334 Rescinded.  
History: 1990 AACS; 2013 AACS.  
R 281.341 Rescinded.  
History: 1992 AACS; 2013 AACS.  
R 281.342 Rescinded.  
History: 1992 AACS; 2013 AACS.  
R 281.343 Rescinded.  
History: 1992 AACS; 2013 AACS.  
R 281.344 Rescinded.  
History: 1992 AACS; 2013 AACS.  
R 281.345 Rescinded.  
History: 1992 AACS; 2013 AACS.  
R 281.346 Rescinded.  
History: 1992 AACS; 2013 AACS.  
R 281.347 Rescinded.  
History: 1992 AACS; 2013 AACS.  
R 281.348 Rescinded.  
Page 140  
History: 1992 AACS; 2013 AACS.  
R 281.349 Rescinded.  
History: 1992 AACS; 2013 AACS.  
R 281.350 Rescinded.  
History: 1992 AACS; 2013 AACS.  
R 281.351 Rescinded.  
History: 1992 AACS; 2013 AACS.  
R 281.352 Rescinded.  
History: 1992 AACS; 2013 AACS.  
R 281.353 Rescinded.  
History: 1992 AACS; 2013 AACS.  
R 281.354 Rescinded.  
History: 1992 AACS; 2013 AACS.  
R 281.355 Rescinded.  
History: 1992 AACS; 2013 AACS.  
R 281.361 Rescinded.  
History: 1992 AACS; 2013 AACS.  
R 281.362 Rescinded.  
History: 1992 AACS; 2013 AACS.  
Page 141  
R 281.363 Rescinded.  
History: 1992 AACS; 2013 AACS.  
R 281.364 Rescinded.  
History: 1992 AACS; 2013 AACS.  
R 281.365 Rescinded.  
History: 1992 AACS; 2013 AACS.  
R 281.366 Rescinded.  
History: 1992 AACS; 2013 AACS.  
R 281.367 Rescinded.  
History: 1992 AACS; 2013 AACS.  
R 281.368 Rescinded.  
History: 1992 AACS; 2013 AACS.  
R 281.369 Rescinded.  
History: 1992 AACS; 2013 AACS.  
R 281.370 Rescinded.  
History: 1992 AACS; 2013 AACS.  
R 281.371 Rescinded.  
History: 1992 AACS; 2013 AACS.  
R 281.372 Rescinded.  
Page 142  
History: 1992 AACS; 2013 AACS.  
R 281.373 Rescinded.  
History: 1992 AACS; 2013 AACS.  
R 281.374 Rescinded.  
History: 1992 AACS; 2013 AACS.  
R 281.375 Rescinded.  
History: 1992 AACS; 2013 AACS.  
R 281.381 Rescinded.  
History: 1992 AACS; 2013 AACS.  
R 281.382 Rescinded.  
History: 1992 AACS; 2013 AACS.  
R 281.383 Rescinded.  
History: 1992 AACS; 2013 AACS.  
R 281.384 Rescinded.  
History: 1992 AACS; 2013 AACS.  
R 281.385 Rescinded.  
History: 1992 AACS; 2013 AACS.  
R 281.386 Rescinded.  
History: 1992 AACS; 2013 AACS.  
Page 143  
R 281.387 Rescinded.  
History: 1992 AACS; 2013 AACS.  
R 281.388 Rescinded.  
History: 1992 AACS; 2013 AACS.  
R 281.389 Rescinded.  
History: 1992 AACS; 2013 AACS.  
R 281.390 Rescinded.  
History: 1992 AACS; 2013 AACS.  
R 281.391 Rescinded.  
History: 1992 AACS; 2013 AACS.  
R 281.392 Rescinded.  
History: 1992 AACS; 2013 AACS.  
R 281.393 Rescinded.  
History: 1992 AACS; 2013 AACS.  
R 281.394 Rescinded.  
History: 1992 AACS; 2013 AACS.  
R 281.395 Rescinded.  
History: 1992 AACS; 2013 AACS.  
Page 144  
;