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MICHIGAN STATUTES AND CODES
Section 324.9115 - Logging, mining, or land plowing or tilling; permit exemption; “mining” defined.
Act 451 of 1994
324.9115 Logging, mining, or land plowing or tilling; permit exemption; “mining” defined.
Sec. 9115.
(1) Subject to subsection (2), a person engaged in the logging industry, the mining industry, or the plowing or tilling of land for the purpose of crop production or the harvesting of crops is not required to obtain a permit under this part. However, all earth changes associated with the activities listed in this section shall conform to the same standards as if they required a permit under this part. The exemption from obtaining a permit under this subsection does not include either of the following:
(a) Access roads to and from the site where active mining or logging is taking place.
(b) Ancillary activities associated with logging and mining.
(2) This part does not apply to a metallic mineral mining activity that is regulated under a mining and reclamation plan that contains soil erosion and sedimentation control provisions and that is approved by the department under part 631.
(3) A person is not required to obtain a permit from a county enforcing agency or a municipal enforcing agency for earth changes associated with well locations, surface facilities, flowlines, or access roads relating to oil or gas exploration and development activities regulated under part 615, if the application for a permit to drill and operate under part 615 contains a soil erosion and sedimentation control plan that is approved by the department under part 615. However, those earth changes shall conform to the same standards as required for a permit under this part. This subsection does not apply to a multisource commercial hazardous waste disposal well as defined in section 62506a.
(4) As used in this section, “mining” does not include the removal of clay, gravel, sand, peat, or topsoil.
History: Add. 1995, Act 60, Imd. Eff. May 24, 1995 ;-- Am. 2000, Act 504, Imd. Eff. Jan. 11, 2001
Popular Name: Act 451
Popular Name: NREPA