Mich. Admin. Code R. 281.171 - Au Sable river system principal uses; natural vegetation strip

Rule 121.

(1) A principal use is allowed by right, but requires the issuance of a zoning permit by the zoning administrator. A principal use includes all of the following:

(a) A single-family dwelling or short-term rental facility with all the following provisions:

(i) The minimum building setback not less than 200 feet from the ordinary high-water mark on the mainstream, north branch and south branch, and 100 feet on all other designated tributaries, except as described in R 281.57.

(ii) The setback may be decreased 1 foot for every 1 foot rise in bank height to a minimum of 150 feet from the ordinary high-water mark on the mainstream, north branch and south branch, and to a minimum of 75 feet from the ordinary high-water mark on all other designated tributaries.

(iii) A dwelling shall be set back not less than 25 feet from the top of a bluff on the noncutting edge of a stream and not less than 50 feet from the top of a bluff on the cutting edge of a stream.

(iv) Building shall not take place on land that is subject to flooding or in any wetland area.

(v) The natural contour of the face and crest of the bluff shall not be altered.

(vi) The land between the crest of the bluff and the minimum building setback line shall not be altered except for minor landscaping activities.

(b) Accessory buildings and appurtenances that meet the setback and other development requirements of subdivision (a) of this subrule.

(c) One private boat dock per parcel, unless otherwise provided for in these rules, subject to R 281.57.

(d) One private river access stairway per parcel, subject to R 281.57.

(e) Utility lines to service a single-family dwelling or short-term rental facility.

(f) A disposal field, septic tank, and outhouse, with all the following provisions:

(i) A septic tank and disposal field meet local health department standards.

(ii) A disposal field located not less than 150 feet from the ordinary high-water mark and not less than 100 feet from any surface or subsurface drain that discharges into the Au Sable river or its designated tributaries, and shall not be located within the 100-year floodplain, a wetland area, or the natural vegetation strip.

(iii) A septic tank shall not be closer to the river than the dwelling it serves and shall not be located within a wetland area.

(iv) An outhouse constructed using a watertight waste containment system that allows waste to be pumped and hauled to an appropriate disposal site, located not less than 100 feet from the ordinary high-water mark and any surface or subsurface drain that discharges into the Au Sable river or its designated tributaries, and not located within the 100-year floodplain, a wetland area, or the natural vegetation strip.

(v) Drywells and earth privies are not permitted unless authorized by the local health department, are a minimum of 100 feet from the ordinary high-water mark, and the bottom of the pit or seepage bed is at least 4 feet above the seasonal high groundwater table.

(vi) An alternative on-site treatment system that results in a higher level of treatment than a conventional system may be located not less than 50 feet from the rivers edge on designated tributaries, except the north branch and south branch, provided no part of the system is in a wetland or the 100-year floodplain.

(vii) Disposal of sludge from any wastewater treatment system is prohibited in the natural river district.

(g) Mining and extracting industries, if all land disturbances, structures, and other activities related to the industry are located more than 300 feet from the ordinary high-water mark.

(h) A land division, if any lot created after August 15, 1990, with all the following provisions:

(i) Is accessible by a public road or legal easement on at least 1 side of the stream.

(ii) On the mainstream, north branch and south branch, has at least 200 feet of river frontage, unless a riverfront "common area" subject to a conservation easement is established, or a parcel does not have river frontage, in which case this dimension shall be measured at the point of the parcel closest to the river, and at least 200 feet wide at the minimum building setback line.

(iii) On all other tributaries, has at least 150 feet of river frontage, unless a riverfront "common area" subject to a conservation easement is established, or a parcel does not have river frontage, in which case this dimension shall be measured at the point of the parcel closest to the river, and at least 150 feet wide at the minimum building setback line.

(iv) Contains at least 50,000 square feet of area within the natural river district. Any "common area" created or any bottomlands shall not be used in any calculations related to minimum parcel area. If a parcel does not have river frontage, and the front line of the parcel is greater than 150 feet from the rivers edge at all points, this subdivision does not apply, and the minimum parcel width will be measured at the front lot line.

(v) Has sufficient depth and upland area to accommodate the required building setbacks pursuant to this rule.

(vi) A lot that exists on August 15, 1990, shall not be subdivided or reduced in dimension or area below the minimum requirements of this rule. Any lot created after August 15, 1990, shall meet the minimum requirements of this rule, except as provided in R 281.56.

(i) Home occupations and home-based occupations, subject to R 281.57.

(j) Land alteration, subject to R 281.57.

(k) Bridges, subject to R 281.58.

(l) Forest management activities within the natural vegetation strip, subject to R 281.57.

(m) A boardwalk that meets the minimum building setback requirements in this subdivision and a boardwalk associated with a footpath to the rivers edge, subject to R 281.57.

(n) Bank stabilization and fisheries habitat improvement activities, subject to R 281.57.

(2) Within the Au Sable river natural river district, a natural vegetation strip that includes the river and all lands within 75 feet of the ordinary high-water mark shall be maintained on each side of the Au Sable river mainstream, north branch, and south branch. A restrictive cutting belt that includes the river and all lands within 50 feet of the ordinary high-water mark shall be maintained on each side of all designated tributaries. Cutting in the natural vegetation strip is subject to R 281.57.

Notes

Mich. Admin. Code R. 281.171

2004 AACS; 2013 AACS