Mich. Admin. Code R. 281.105 - Boundaries; interpretation of boundaries; filing of zoning map

Rule 5.

(1) The boundaries of the Pine river natural river district shall be as described in these rules and as depicted on the certified Pine river natural river zoning map. The Pine river natural river zoning district comprises an area that is described as follows:

(a) The Pine river mainstream, from the confluence of the North Branch Pine river and the East Branch Pine river in section 29 of Burdell Twp., T20N, R10W to M-55.

(b) The North Branch Pine river from its easternmost crossing of the north line of section 20 of Clam Lake Twp., T21N, R9W to its confluence with the East Branch of the Pine river. Lands adjacent to the North Branch from its confluence with Spalding Creek to its confluence with the East Branch are subject to mainstream development standards.

(c) Spalding Creek from 46 Road (the south line of section 16 of Cherry Grove Twp., T21N, R10W) to its confluence with the North Branch of the Pine river.

(d) Fairchild Creek from its source in section 24 of Henderson Twp., T21N, R11W to its confluence with the North Branch of the Pine river.

(e) Sixteen Creek from its source in section 2 of Burdell Twp., T20N, R10W to its confluence with the North Branch of the Pine river.

(f) An unnamed stream from the outfall of a dam in section 8 of Burdell Twp., T20N, R10W to its confluence with the Pine river.

(g) The East Branch of the Pine river from the outfall of a lake in section 1 of Burdell Twp., T20N, R10W to its confluence with the North Branch of the Pine river.

(h) The Rose Lake Outlet from its sources at the outfall of Rose Lake in section 3 of Rose Lake Township, T19N, R9W and the outfall of Emery Lake in section 34 of Sherman Twp., T20N, R9W, to its confluence with the East Branch of the Pine river.

(i) Edgett Creek from the west line of section 36(190th Rd.) in Burdell Twp., T20N, R10W to its confluence with the Rose Lake outlet including both branches of the Diamond Lake outlet from their sources in section 26 of Burdell Twp. to the confluence with Edgett Creek.

(j) An unnamed stream from its source in section 20 of Sherman Twp., T20N, R9W to its confluence with the Rose Lake outlet.

(k) Sprague Creek from the outfall of a pond in the center of section 33 of Burdell Twp., T20N, R10W to its confluence with the Pine river.

(l) Beaver Creek from the north/south centerline of section 11 of LeRoy Twp., T19N, R10W to its confluence with the Pine river.

(m) Little Beaver Creek from the outlet of a large pond in the northeast 1/4 of section 19 of LeRoy Twp., T19N, R10W to its confluence with Beaver Creek.

(n) An unnamed stream from the outfall of the southernmost of two ponds in section 14 of Ellsworth Twp., T19N, R11W to its confluence with the Pine river.

(o) Coe Creek from the outfall of Lake Olga in section 1 of Dover Twp., T20N, R11W to its confluence with the Pine river.

(p) Dyer Creek from the outfall of a small pond in section 13 of Dover Twp., T20N, R11W to its confluence with Coe Creek.

(q) Sellars Creek from its source in section 21 of Dover Twp., T20N, R11W to its confluence with the Pine river.

(r) An unnamed stream from its source in section 20 of Dover Twp., T20N, R11W to its confluence with the Pine river.

(s) An unnamed stream from its source in section 19 of Dover Twp., T20N, R11W to its confluence with the Pine river.

(t) An unnamed stream from its source in section 24 of Newkirk Twp., T20N, R12W to its confluence with the Pine river.

(u) Silver Creek from its source in section 15 of Dover Twp., T20N, R11W to its confluence with the Pine river, including all perennial tributaries from their sources to their confluence with Silver Creek.

(v) An unnamed stream from its source in section 13 of Newkirk Twp., T20N, R12W to its confluence with the Pine river.

(w) An unnamed stream from its source in section 11 of Newkirk Twp., T20N, R12W to its confluence with the Pine river.

(x) An unnamed stream from its source in section 7 of Dover Twp., T20N, R11W to its confluence with the Pine river.

(y) An unnamed stream from its source in section 1 of Newkirk Twp., T20N, R12W to its confluence with the Pine river.

(z) Poplar Creek from its source in section 26 of Henderson Twp., T21N, R11W to its confluence with the Pine river.

(aa) Dowling Creek from its 2 sources in sections 21 and 28 of Henderson Twp., T21N, R11W to its confluence with Poplar Creek.

(bb) Hoxey Creek from its source in section 25 of South Branch Twp., T21N, R12W to its confluence with the Pine river.

(cc) An unnamed Creek from its sources in section 27 and 34 of South Branch Twp.,T21N, R12W to its confluence with the Pine river.

(dd) Yates Creek from its source in section 22 of South Branch Twp., T21N, R12W to its confluence with the Pine river.

(ee) All lakes, ponds, impoundments or other surface water bodies not traditionally considered rivers, streams or creeks if they are a contiguous part of the stream segments listed in subdivisions (a) to (dd) of this subrule.

(ff) The lands lying within 400 feet of the river's edge that are enumerated in subdivisions (a) to (ee) of this subrule.

(2) If uncertainty exists with respect to the boundaries of the district as shown on the zoning map, then all of the following provisions shall apply:

(a) Boundaries that are indicated as approximately following the centerline of streets or highways shall be construed to follow the centerline.

(b) Boundaries that are indicated as approximately following lot lines shall be construed as following the lot lines.

(c) Boundaries that are indicated as approximately following city, village, township, or county boundaries lines shall be construed as following the city, village, township, or county boundary lines.

(d) Boundaries that are indicated as following railroad lines shall be construed to be midway between the right-of-way lines.

(e) Boundaries that are indicated as following shorelines shall be construed to follow the shorelines, and, in the event of change in the shorelines, shall be construed as moving with the actual shorelines. Boundaries that are indicated as approximately following the centerline of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow the centerline.

(f) Boundaries that are indicated as parallel to or extensions of features indicated in subdivisions (a) to (e) of this subrule shall be so construed. Distances that are not specifically indicated on the official zoning map shall be determined by the scale of the map.

(g) If physical or natural features that exist on the ground are at variance with those shown on the official zoning map or in other circumstances are not covered by the provisions of subdivisions (a) to (f) of this subrule, then the zoning review board shall interpret the district boundaries.

(h) If a portion or all of the district is indicated on the zoning map by a pattern which, for the sake of map clarity, does not cover public rights-of-way, then the district boundaries extend to the center of any public right-of-way.

(3) Certified copies of the Pine river natural river zoning map shall be filed with all of the following entities:

(a) The state tax commission.

(b) Local tax assessing officers.

(c) Township and county clerks.

(d) County drain commissioners.

(e) Local building department.

(f) The natural rivers unit of the Michigan department of natural resources.

Notes

Mich. Admin. Code R. 281.105

2004 AACS