Michigan House Bill HB4832

Michigan 2023-2024 Regular Session

• Introduced: 6/21/23
• Refer: 6/21/23
• Report Pass: 10/12/23

Caption

Natural resources: inland lakes; structure or fill on inland lake or stream bottomlands; authorize DEGLE to issue emergency order concerning. Amends 1994 PA 451 (MCL 324.101 - 324.90106) by adding sec. 30111d.

Impact

The implementation of HB 4832 would significantly enhance the state's ability to respond swiftly to potential environmental hazards. It provides a clear framework for the necessary intervention by the department to mitigate risks associated with failing structures or fill. By enabling the director to take proactive measures, the bill is likely to contribute to better management of the state's natural resources, and it emphasizes the importance of maintaining public safety and health regarding environmental concerns.

Summary

House Bill 4832 aims to amend the Natural Resources and Environmental Protection Act of 1994 by introducing a new provision that empowers the director of the department to issue emergency orders concerning structures or fill located on bottomlands. The bill allows the director to mandate immediate repairs or removals if such structures are deemed to be in imminent danger of failure or causing significant harm to public health, safety, welfare, property, or natural resources. This authority ensures prompt actions can be taken in urgent situations to protect public interests.

Contention

While there are no explicit points of contention highlighted in the current discussions surrounding HB 4832, such legislation often raises concerns about governmental overreach and the balance between public welfare and property rights. Stakeholders may debate the scope of the director's authority, including how decisions are made regarding what constitutes imminent danger and the potential for disputes following the issuance of emergency orders. These factors might lead to discussions on the adequacy of safeguards to ensure that such powers are exercised fairly and transparently.