09-22-2006, 02:43 AM
A Michigan House of Representatives Bill introduced Wednesday, Sept. 6, could bring a new twist to the decades-old debate over what activities are permissible at road endings located at an inland lake or stream.
Road ends are places where roadways dead end at the banks of a lake or stream. Most road ends were created more than a century ago to provide public access to lakes, rivers and streams, but where intended only to be used for entering and exiting a body of water.
Under House Bill (HB) 6418, which would amend the state's Natural Resources and Environmental Protection Act, local municipal governments would be allowed to apply to the state for the construction of seasonal docks at road ends where there is public access to an inland lake or stream.
Municipalities would also be able to subcontract out the construction, installation, maintenance, operation, and removal of docks to a neighborhood association or other civic group as long as that association holds the municipality harmless from any liability, the association provides proof of liability insurance totaling at least $1 million and lists the municipality as an insured party.
Rep. Matthew Gillard (D-Alpena), the bill's primary sponsor, said he believes the bill addresses the issue of road ends in as fair a way as possible.
"It would allow local governments to decide what the procedure should be for road ends in their communities, with some certain limits," he said. "Unlimited use, huge docks, and other things like that would not be permitted, but it would basically let the local government to decide what it thinks is appropriate in that municipality."
According to the bill, a local government would have to adopt an ordinance allowing marina use at a road end. The ordinance would specify what type of dock is allowed in that community.
Under the bill's provisions for the ordinance, only one non-exclusive public dock would be allowed where the municipality specifies within the right of way of the road and not encroaching an adjacent riparian's bottomland.
A dock couldn't be installed prior to May 1 or removed later than Sept. 30 of each year; it couldn't exceed 250 feet in length or 4 feet in width, or any greater width required by state or federal law; it would have to be constructed with an inverted "L" or a "T" design at the end of the dock to allow access for law enforcement or emergency personnel; and the length of the dock couldn't unreasonably interfere with the safety and navigability of the waters of the inland lake or stream.
Any violators of the bill would be subject to a $500 fine.
HB 6418 would also specify the provisions for boat hoists at the docks, which would include prohibiting the augering or driving of any boat mooring post, or the placement of any permanent or seasonal boat anchoring device, other than a permitted boat hoist, within the area of any public lateral road as extended into the inland lake or stream.
No boat hoists would be allowed along the lakeward edge of the inverted "L" or "T" at the end of the dock, which could hinder law enforcement or emergency access.
Gillard said it's important for the bill to include ease and ability of use for such purposes.
"I think it makes sense to anyone involved with the issue," he said. "No matter what the access requirements or abilities are, people want to make sure emergency vehicles will be unhindered in their ability to respond to any issue they have to respond to."
According to Gillard, there's no indication the House Local Government and Urban Policy Committee, which HB 6418 was referred to after its introduction, will consider the bill prior to the November general election.
White Lake Township Supervisor Mike Kowall, a former state representative who sponsored a road-end bill that current Rep. John Stakoe (R-Highland, White Lake) took over and reintroduced, said he likes the idea of local municipalities having a say in what happens at road ends, but that he isn't completely satisfied with HB 6418.
"When we were dealing with it, we were trying to get a definition as to what a road end could be used for," he said. "As far as local communities having jurisdiction, I think it would be a good idea, but I would take it one step further and have it extend to some of the public sites, as well.
"I do believe if locals could set the criteria, it would clarify it, but right now there's no definitive definition of what is a road end."
Under HB 4576, which Stakoe introduced on March 24, 2005, installing boat hoists and large docks at road ends would be prohibited by law, unless allowed by permit.
That bill, which hasn't been acted on since Sept. 28, 2005 when it was referred from the House Local Government and Urban Policy Committee to the House Government Operations Committee, would also make it illegal to dock a boat overnight or obstruct access to a lake at a road end. The bill would allow for a dock smaller than 4-feet-wide and 25-feet-long to be constructed for public access, unless prohibited by a local ordinance.
Local municipalities would have the authority to issue tickets to those found violating the restrictions. A violator would be guilty of a misdemeanor and subject to a $500 fine per day.
While Stakoe's bill would provide a means to restrict activities at road ends, HB 4578, introduced by Rep. Dale Sheltrown (D-Gladwin) also on March 24, 2005, would provide greater use of public road ends.
Sheltrown's bill would also restrict the use of boat hoists and docks. But, in cases where a public road end is located within a recorded plat, each property owner within the plat would permitted such activities as sunbathing, lounging, picnicking, seasonal docks and temporary boat hoists at the road end.
HB 4578, which Gillard co-sponsored, hasn't been acted on beyond introduction and its immediate referral to the House Local Government and Urban Policy Committee.
[signature]
Road ends are places where roadways dead end at the banks of a lake or stream. Most road ends were created more than a century ago to provide public access to lakes, rivers and streams, but where intended only to be used for entering and exiting a body of water.
Under House Bill (HB) 6418, which would amend the state's Natural Resources and Environmental Protection Act, local municipal governments would be allowed to apply to the state for the construction of seasonal docks at road ends where there is public access to an inland lake or stream.
Municipalities would also be able to subcontract out the construction, installation, maintenance, operation, and removal of docks to a neighborhood association or other civic group as long as that association holds the municipality harmless from any liability, the association provides proof of liability insurance totaling at least $1 million and lists the municipality as an insured party.
Rep. Matthew Gillard (D-Alpena), the bill's primary sponsor, said he believes the bill addresses the issue of road ends in as fair a way as possible.
"It would allow local governments to decide what the procedure should be for road ends in their communities, with some certain limits," he said. "Unlimited use, huge docks, and other things like that would not be permitted, but it would basically let the local government to decide what it thinks is appropriate in that municipality."
According to the bill, a local government would have to adopt an ordinance allowing marina use at a road end. The ordinance would specify what type of dock is allowed in that community.
Under the bill's provisions for the ordinance, only one non-exclusive public dock would be allowed where the municipality specifies within the right of way of the road and not encroaching an adjacent riparian's bottomland.
A dock couldn't be installed prior to May 1 or removed later than Sept. 30 of each year; it couldn't exceed 250 feet in length or 4 feet in width, or any greater width required by state or federal law; it would have to be constructed with an inverted "L" or a "T" design at the end of the dock to allow access for law enforcement or emergency personnel; and the length of the dock couldn't unreasonably interfere with the safety and navigability of the waters of the inland lake or stream.
Any violators of the bill would be subject to a $500 fine.
HB 6418 would also specify the provisions for boat hoists at the docks, which would include prohibiting the augering or driving of any boat mooring post, or the placement of any permanent or seasonal boat anchoring device, other than a permitted boat hoist, within the area of any public lateral road as extended into the inland lake or stream.
No boat hoists would be allowed along the lakeward edge of the inverted "L" or "T" at the end of the dock, which could hinder law enforcement or emergency access.
Gillard said it's important for the bill to include ease and ability of use for such purposes.
"I think it makes sense to anyone involved with the issue," he said. "No matter what the access requirements or abilities are, people want to make sure emergency vehicles will be unhindered in their ability to respond to any issue they have to respond to."
According to Gillard, there's no indication the House Local Government and Urban Policy Committee, which HB 6418 was referred to after its introduction, will consider the bill prior to the November general election.
White Lake Township Supervisor Mike Kowall, a former state representative who sponsored a road-end bill that current Rep. John Stakoe (R-Highland, White Lake) took over and reintroduced, said he likes the idea of local municipalities having a say in what happens at road ends, but that he isn't completely satisfied with HB 6418.
"When we were dealing with it, we were trying to get a definition as to what a road end could be used for," he said. "As far as local communities having jurisdiction, I think it would be a good idea, but I would take it one step further and have it extend to some of the public sites, as well.
"I do believe if locals could set the criteria, it would clarify it, but right now there's no definitive definition of what is a road end."
Under HB 4576, which Stakoe introduced on March 24, 2005, installing boat hoists and large docks at road ends would be prohibited by law, unless allowed by permit.
That bill, which hasn't been acted on since Sept. 28, 2005 when it was referred from the House Local Government and Urban Policy Committee to the House Government Operations Committee, would also make it illegal to dock a boat overnight or obstruct access to a lake at a road end. The bill would allow for a dock smaller than 4-feet-wide and 25-feet-long to be constructed for public access, unless prohibited by a local ordinance.
Local municipalities would have the authority to issue tickets to those found violating the restrictions. A violator would be guilty of a misdemeanor and subject to a $500 fine per day.
While Stakoe's bill would provide a means to restrict activities at road ends, HB 4578, introduced by Rep. Dale Sheltrown (D-Gladwin) also on March 24, 2005, would provide greater use of public road ends.
Sheltrown's bill would also restrict the use of boat hoists and docks. But, in cases where a public road end is located within a recorded plat, each property owner within the plat would permitted such activities as sunbathing, lounging, picnicking, seasonal docks and temporary boat hoists at the road end.
HB 4578, which Gillard co-sponsored, hasn't been acted on beyond introduction and its immediate referral to the House Local Government and Urban Policy Committee.
[signature]