9/86 _ MICHIGAN’S GREAT LAKES SUBMERGED LANDS ACT 1955 Public Act 247 as amended, Administrative Rules and Information on the Ordinary: High Water Mark DIVISION OF LAND RESOURCE PROGRAMS oft DEPARTMENT OF NATURAL RESOURCES " _ MICHIGAN’S GREAT LAKES SUBMERGED LANDS ACT 1955 Public Act -247 as amended, Administrative Rules and Information. on the Ordinary: High Water Mark DIVISION OF LAND RESOURCE PROGRAMS DEPARTMENT OF NATURAL RESOURCES.“Tt there (State v. Fishing Club, supra) clearly appears from an abundance of authority that the title to submerged lands in the Great Lakes held by the state cannot be divested by adverse possession; it being held in trust for the public, according to the original cession from Virginia and the Ordinance of 1787." State v Venice of America Land Co. 160 Mich 680 (1910) “We agree with the Attorney General that the public titte and right is supreme as against National Gypsum's asserted right of wharfage, and hold that the latter may be exercised by the Company only in accordance with the regulatory assent of the State. Obrecht v National Gypsum Co. 361 Mich 399 (1960) TABLE OF CONTENTS Page Acr 247 coe ane 1 AGREEMENT; Authorization, Conditions .....2.005 3, 10 APPLICATIONS; Deeds, Leases, Agreements ‘and Certificates; Forms, Contents 2268 CERTIFICATE of Location of Lake Boundary, Application, Fee 5 CERTIFICATION of Completed Projects ar CONSTRUCTION OF ACT Sie ae 1 CONVEYANCE; Real Estate Rights, Determination of Fair, Cash Market Value . 3411 DEFINITIONS ......-.--22+2-020000+ es peer ENVIRONMENTAL ASSESSMENT . 3 1s FRAUD 7 4 GREAT LAKES FAC 6 HEARINGS 6,16 MARINA LEASES; ‘Application, Criteria and Procedures... cover oh 9 Lease Conditions a . 7 9,10 Definitions 4 Rental Determination un MINOR PROJECT PERMIT; Eliiblity. 7 cos 14 1S Application Procedures sania cares 5 OIL AND GAS PROUIBITION; 2 ORDINARY HIGH-WATER MARK 1,7, 18, 19 PERMITS; “Application Procedures ...0002..00+ RB Conditions and Requirements 26M 2 RECEIPTS oe nee 4 RESCISSION of Previous Rules .. 7 16 RULES 7 ‘ ' aie 6 TAXATION of Lands Conveyed 5 TITLE of Act 1 UNPATENTED LAKE BOTTOMLANDS ‘and Unpatented Made Lands; Conveyances, W2 Reservation of Mineral Rights ° 22 Application for Conveyance, Contents, Qualifications 28 Approvals Required ......0.0+0.0++ ; 2 Consideration for Conveyance 30 Evaluation by Department, Appraisal. Court Appointed ace Flood, Shore Erosion, Drainage and Sanitation Control a2 UPLAND CHANNELLING; Requirements : aes roo ee 5,13, 4 Exceptions . na ae Sane VIOLATIONS; Penalties sz a5 WATER'S EDGE; Examples . 22.25ONTARIO, CANADA wisconsin onTaRio. ehNABA auras ILLINOIS SHORE LINES AND POLITICAL BOUNDARIES IN THE ‘ WESTERN AND CENTRAL GREAT LAKES REGION Act 247 Public Acts of 1955, as amended ‘TITLE |AN ACT to authorize the department of conservation of the state of Michigan to grant, convey or lease certain unpatented lake bottomlands and unpatented made lands in the Great Lakes, including the bays and harbors thereof, belonging to the state of Michigan or held in trust by it; to permit the private and public use of waters over submerged patented lands and the making. fof agreements limiting and regulating the use thereof; 10 provide for the disposition of revenue derived therefrom; and to provide penalties for violation of this act. ‘The People of the State of Michigan enact: 322.701 Great Lakes submerged lands act; short title. Sec. 1, This act shall be known as the “great lakes submerged lands act FISTORY: New 195, p. 06, Act 247, EI Oct. 14 322,702 Unpatented lake bottomlands and unpatented made lands in Great Lakes; construction of act. Sec. 2, The lands covered and affected by this act are all of the unpatented lake bottomlands and unpatented made lands in the Great Lakes, including the bays and harbors thereof, belonging to the state or held in trust by it those lands which have heretofore been artificially filled in. The waters covered land affected by this act are all of the waters of the Great Lakes within the ‘boundaries of the state, This act shall be construed so as (o preserve and protect the interests of the general public in the aforesaid lands and waters and to provide for the sale, lease, exchange or other disposition of unpatented tands land the private or public use of waters over patented and unpatented lands and {o permit the filling in of patented submerged lands whenever itis determined by the department of conservation that the private or public use of such lands and waters will not substantially affect the public use thereof for hunting, fishi swimming, pleasure boating or navigation or that the public rust inthe state will not be impaired by such agreements for use, sales, lease or other disposition. ‘The word “land” or “lands™ whenever used in this act shall refer to the aforesaid described unpatented lake bottomlands and unpatented made lands and patented lands in the Great Lakes and the bays and harbors thereof lying below fand lakeward of the natural ordinary high-water mark, but the act shall not be construed as affecting property rights secured by virtue of @ swamp land grant or Such rights as may be acquired by accretions occurring through natural means or reliction. For purposes of this act the ordinary high-water-mark shall be deemed fo be at The folowing elevations ab e568 lvel,imeruaional Great Cakes dium of 1958. Lake Superior, 601.5 feet; Lakes Michigan and Huron feet Lake St. Chir, 5747 fet, and Lake Erie, S716 fest TISTORY Rew 185 pl, ct 7, Oc, — Am, 1958.10 et 94, BF ay 1 — Am DRS Rb hel 3 a ED -v y he .ay 322.703 Unputened lake bottomlands and unpatented made ands; convey= Sec. 3. (1) The department of conservation, hereinafter referred to as the department’, after finding that the public trust in the waters will not be impaired or substantially affected, is hereby authorized to enter into agreements Pertaining to waters over and the filing in of submerged patented lands, or to