4503 - INLAND LAKES AND STREAMS
Issued January 1, 1977

INLAND LAKES AND STREAMS

Under Act 346, Public Acts of 1972, a permit must be obtained from the Department prior to dredging, filling or construction below the ordinary high water mark; erecting, maintaining or operating a marina; creating, enlarging or diminishing an inland lake or stream; interfering with natural flows, dredging within 500 feet of an existing waterway, or dredging where the ultimate purpose is connection to an existing waterway.

Using the authority of Act 346, the Department shall conserve natural resource values, including fish and wildlife habitat, along the State's inland lakes and streams from harmful, exploitative and unwise development.  Such a program requires a high level of sound judgment as decisions affect both riparian rights and the public trust, two entities often in conflict.  The Department shall not assume that this authority extends the right to halt waterfront development in general.  Rather it is limited to those situations where natural resource values are being unduly damaged or destroyed without equal or greater compensating public benefits.  Permits that are issued shall specify conditions that will protect the public interest accordingly.

This policy and referenced procedure replaces Department Letter No., 140.

Procedure No. 4503.3