R 281.921 Definitions.

Rule 1. (1) As used in these rules: (a) "Act" means Act No. 203 of the Public Acts of 1979, being S281.701 et seq. of the Michigan Compiled Laws. (b) "Contiguous" means any of the following: (i) A permanent surface water connection or other direct physical contact with an inland lake or pond, a river or stream, one of the Great Lakes, or Lake St. Clair. (ii) A seasonal or intermittent direct surface water connection to an inland lake or pond, a river or stream, one of the Great Lakes, or Lake St. Clair. (iii) A wetland is partially or entirely located within 500 feet of the ordinary high watermark of an inland lake or pond or a river or stream or is within 1,000 feet of the ordinary high watermark of one of the Great Lakes or Lake St. Clair, unless it is determined by the department, pursuant to R 281.924(5), that there is no surface water or groundwater connection to these waters. (iv) Two or more areas of wetland separated only by barriers, such as dikes, roads, berms, or other similar features, but with any of the wetland areas contiguous under the criteria described in paragraph (i), (ii), or (iii) of this subdivision. The connecting waters of the Great Lakes, including the St. Marys, St.Clair, and Detroit rivers, shall be considered part of the Great Lakes for purposes of this definition. (c) "General permit" means a permit which, as authorized by section 10 of the act, is issued for categories of minor activities, as defined in subdivision (f) of this subrule. (d) "Individual permit" means a permit which, as authorized by sections 7, 8, and 9 of the act, is issued for categories of activities that are not classified as minor. (e) "Inland lake or pond, a river or stream" means any of the following: (i) A river or stream which has definite banks, a bed, and visible evidence of a continued flow or continued occurrence of water. (ii) A natural or permanent artificial inland lake or impoundment that has definite banks, a bed, visible evidence of a continued occurrence of water, and a surface area of water that is more than 5 acres. This does not include lakes constructed by excavating or diking dry land and maintained for the sole purpose of cooling or storing water and does not include lagoons used for treating polluted water. (iii) A natural or permanent artificial pond that has permanent open water with a surface area that is more than 1 acre, but less than 5 acres. This does not include ponds constructed by excavating or diking dry land and maintained for the sole purpose of cooling or storing water and does not include lagoons used for treating polluted water. (f) "Minor activities" means activities that are similar in nature, that will cause only minimal adverse environmental effects when performed separately, and that will have only minimal cumulative adverse effects on the environment. (g) "Wetland vegetation" means plants that exhibit adaptations to allow, under normal conditions, germination or propagation and to allow growth with at least their root systems in water or saturated soil. (2) As used in the act: (a) "Electric distribution line" means underground lines below 30 kilovolts and lines supported by wood poles. (b) "Electric transmission line" means those conductors and their necessary supporting or containing structures located outside of buildings that are used for transmitting a supply of electric energy, except those lines defined in subdivision (a) of this subrule. (c) "Pipelines having a diameter of 6 inches or less" means a pipe which is equal to or less than what is commonly referred to as a 6-inch pipe and which has an actual measured outside diameter of less than 6.75 inches. (3) Terms defined in the act have the same meanings when used in these rules. Editor's Note: An obvious error in R 281.921 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 AACS 1988. The memorandum requesting the correction was published in Michigan Register, 2008 MR 18.