Whether or not an activity requires a Marina Operating Permit under Part 301 Inland Lakes and Streams of the NREPA, depends on the nature of the use. In addition to commercial businesses that provide docking or mooring as part of their services, the Department of Environmental Quality (DEQ) maintains that docking or mooring from riparian properties such as outlots, trailer parks, condominium and apartment developments, yacht clubs, and other commonly owned or controlled points of access function as and meet the definition of a marina under Part 301. Key definitions, found in the NREPA are helpful in understanding the DEQ’s position:

30101(f) of Part 301: "Marina" means a facility that is owned or operated by a person, extends into or over an inland lake or stream and offers service to the public or members of the marina for docking, loading, or other servicing of recreational watercraft.

30101(m) of Part 301: "Seasonal structure" includes any type of dock, boat hoist, ramp, raft, or other recreational structure that is placed into an inland lake or stream and removed at the end of the boating season.

30101(n) of Part 301: "Structure" includes a marina wharf, dock, pier, dam weir, stream deflector, breakwater, groin, jetty, sewer, pipeline, cable, and bridge.

324.301 of the NREPA: "Person" means an individual, partnership, corporation, association, governmental entity, or other legal entity.

Section 30102 of Part 301: Except as provided in this act, a person without a permit from the department shall not:

(b) Construct, enlarge, extend, remove or place a structure on bottomland.

(c) Erect, maintain, or operate a marina.

Section 30303 of Part 301: A permit shall not be required for:

(b) A seasonal structure placed on bottomland to facilitate private noncommercial recreational use of the water if it does not unreasonably interfere with the use of the water by others entitled to use the water or interfere with flow.

Under Section 30102(c), the DEQ requires that both construction and marina operating permit be secured for all projects that meet the definition of a marina as expressed in Section 30101(f). A reoccurring argument by persons notified of the requirement to apply for the appropriate permits is they are exempt from securing a permit under Section 30103(b). This response is typical of situations where apartment complexes install dock structures or moorings off their property, backlot owners in subdivision place dock structures or moorings off outlots, easements or parks, and condominium associations that place dock structures or moorings off association owned property. The person(s) placing the structure(s) contend that they are exempt from permit requirements because the structure(s) is seasonal and use for private use.

The statutory definition of a marina does not make a distinction between commercial and private or residential docking or mooring facilities. It does not make a distinction of whether dock structures or moorings are permanent or seasonal. It only looks at the service being provided by a person to the public or "members of the marina". While "members of the marina" is not defined in Part 301, the DEQ has consistently interpreted this phrase to mean individuals or users of waterfront property where there is common interest in the property and docking, loading or other servicing of recreation watercraft is being provided. Likewise, the DEQ has consistently interpreted "private noncommercial recreational use" as reasonable exercise of legitimate riparian rights associated with waterfront property zoned and used for single family residential use.

Sections 30102(b) and 30102(c) require that two permits be secured prior to marina construction and operation. The applications associated with these permits are call the Applications For Permit and the Application For Marina Operating Permit. The Application For Permit requests authorization to perform construction activities. The Applications For Marina Operating Permit requests authorization to operate a constructed facility. The applications are reviewed simultaneously. In waters also under the jurisdiction of the United States Army Corps of Engineers (USCOE), a federal construction permit must also be secured. The DEQ and the USCOE have a joint permit process for such projects.

When the DEQ determines a proposed project meets statute criteria (found in Section 30106 and Administrative Rules 9 and 4 of Part 301) and can be authorized, it issues a construction permit. However, the MOP is not issued with the construction permit. Upon completion of the permitted construction activities and prior to operation, the Permittee contacts the DEQ to schedule a compliance inspection. Upon determining that all construction is completed in accordance with the permit terms and conditions, the MOP is granted. MOPs are issued for a three calendar year period and are required to be renewed.

For more information regarding the MOP program or for assistance in application preparation, please contact:

Joe Haas
517-241-3139 (Phone/Voice Mail)
517-335-3451 (Fax)
haasj@michigan.gov (E-mail)