For some time I've been meaning to write a dissertation on Michigan's Natural Rivers Act, and I guess now is as good a time as ever. People frequently ask "What are the effects of the state and federal designations on my use of the river, or my living on the river?" It's clear that confusion exists, and hopefully I can clear up at least some of the befuddlement. While this newsletter will deal primarily with the state regulations, I'll briefly include a summary of the federal designation.

In 1978 the Pere Marquette River from Lake Michigan to the Forks of the Little South and Middle branches at James Road was classified as "Scenic", and became part of the federal Wild and Scenic River System. From this, a River Management Plan was developed in 1983 and revised in 1990; it incorporates specific plans and objectives for the federal lands within this area. While it deals only with the federal lands, most people think it doesn't really affect them, but it does … through use of the USFS access sites.

To launch or recover any watercraft at a Forest Service access requires a Watercraft Permit, and beginning last May, a Recreational Pass is now also required for parking. The watercraft permits can be obtained at the Forest Service office, and the canoe liveries have permits for their rental craft. The Recreation Fee (parking) passes can be purchased at the Forest Service or from many local vendors. Riparians on the waters downstream from the Forks can obtain a watercraft permit for their boat or canoe from the Forest Service in Baldwin.

To refresh your memories, you need a watercraft permit in your boat if you put in or take out at the Green Cottage, 72nd Street, Claybanks, Gleason's, Rosebush Bend, Bowman Bridge, Rainbow Rapids, Upper Branch (west side of road), Elk Campground, Lower Branch, Maple Leaf, or Indian Bridge. You do NOT need a watercraft permit if you put in and/or take out on private land or any of the DNR access sites, i.e. the Forks, M-37, Sulak, or Walhalla. And one final note, federal land cannot be sold to the state or to private citizens, it can only be traded. State lands can be sold. Those private lands reverting to the state for nonpayment of taxes are most commonly sold. Also, the state controls all the water (where defined as "navigable"), not the feds.

Now, let's discuss the state's Natural Rivers Act, whose intent, as in the federal act, is to preserve the river for generations to come. As written, a person who is in the river traveling downstream is to experience the river in its natural state. I've told people we want to hear visitors say, "It's just as I remember it", and hopefully our kids will be able to say the same thing in the future. The Act became law in 1970 with the P.M. becoming the eighth of fourteen currently on the list when it was designated in 1978 (see chart). What the law does is zone public and private lands within 400 feet of the river to stop erosion, filter pollution, and support habitat for fish and wildlife.

The law does this basically by four means:

1. By maintaining natural vegetative strips along the river banks with screened development;
2. By requiring minimum lot widths to avoid overcrowding and by establishing reasonable setback distances for buildings and septic systems;
3. By prohibiting commercial and industrial development within the river district; and
4. By setting up a "permitting" process, intended to provide protection with flexibility. This fourth procedure is the one, which is a matter of contention for many landowners.

You should be aware of some background before going into specifics of the Act. Michigan takes credit for having 56,423 miles of rivers. Natural Rivers zoning has been assigned to 1,661 miles, or 2.9% of the total rivers. Zoning restrictions, primarily vegetation zones, lot widths, and setbacks, which have been established by the state, are usually enforced by local authorities. In fact, of the 1,661-zoned miles, 1,013 have been zoned by local ordinances and the remaining 648 miles are under the stewardship of River Zoning Review Boards.

These boards are made up of local citizens, who know the river, and who represent a broad spectrum of interests. Our Pere Marquette Natural River ZRB has members of the U.S.Forest Service, MDNR, Natural Resource Conservation Service (formerly "Soil Conservation"), P.M. Watershed Council, Lake County Riverside Property Owners Association, Lake County (or Newaygo or Oceana when applicable), and a representative from the landowner's township. Two members serve at-large, representing "citizens' interest". No, I haven't forgotten Mason County; they have their own zoning ordinance, which their Zoning Board of Appeals oversees.

There is also one other area of confusion - in categorizing Natural Rivers, the state uses one of three classifications: wilderness, wild & scenic, and country scenic. So those who think the state designated the P.M. "wild & scenic" are correct, but the usual reference is that we are wild & scenic by federal designation, and a Natural River by state designation.

As mentioned above, the most contentious issue is the Zoning Review Board (ZRB), whose primary function is to consider requests from riparian landowners to do something that the zoning rules restrict. However, in fact, the Board strives to work with the applicant to resolve the issue. Whenever any building, logging or earthmoving is to be done within 400 feet of the river, a DNR permit is required. The state Zoning Administrator will visit the site, preferably with the landowner, and if the proposed activity is acceptable, issue the permit - which is free. If the request requires a variance, that is the planned activity does not comply with the regulation, the Zoning Administrator can grant the variance within 25% of the zoning's dimensional parameters. If the proposal goes beyond 25% of the limits, the Zoning Board must review the request. Following their site inspection, suggestions and/or alternatives are discussed with the applicant. In nearly all cases, a compromise is reached.

A review of ZRB actions by the Michigan Land Use Institute of decisions on the P.M. and Betsie Rivers from 1993-1998 revealed that, of 219 applications:

• 68% were approved as proposed,
• 15.5% approved with conditions,
• 5.0% with partial approval,
• 4.6% denied (6.8% were closed, withdrawn, or still pending).

Sincerely,

Dick Schwikert
Secretary & Zoning Board Chair

Jim Bos
President