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Current as of January 01, 2025 | Updated by Findlaw Staff
WHEREAS, the Michigan Department of Natural Resources, through its various programs, functions and responsibilities, as prescribed by State law, is mandated to conserve and develop the natural resources of the state in the interest of the health, safety and welfare of the people, and to provide for the protection of the air, water and other natural resources of the state from pollution, impairment and destructions; and
WHEREAS, the quality of the environment of Michigan and the opportunity to use and enjoy our natural resources is of great concern to all citizens of the state; and
WHEREAS, the Department of Natural Resources, over the years, has been given many new responsibilities which requires centralized and coordinated decisions and implementation; and
WHEREAS, these diverse responsibilities and continued advances in environmental protection and natural resources management require an organizational structure designed to meet existing and emerging program needs, and to centralize program responsibilities in order to provide a coordinated response to associated problems facing the State of Michigan; and
WHEREAS, Article V, Section 2, of the Michigan Constitution of 1963, empowers the Governor to make changes in the Executive Branch of government and in the assignment of functions among its units which he considers necessary for efficient administration; and
WHEREAS, Executive Order 1973-2 transferred and consolidated the environmental functions within the Department of Natural Resources, and modification and clarifications of Executive Order 1973-2 would enable the State of Michigan, through its Department of Natural Resources to more properly administer and implement its program activities;
NOW, THEREFORE, I, WILLIAM G. MILLIKEN, Governor of the State of Michigan, pursuant to Article V, Section 2, of the Michigan Constitution, hereby order the following:
1. The Department of Natural Resources and the Natural Resources Commission are hereby designated the state entity responsible for the development and coordination of all environmental functions and programs of the State of Michigan. In carrying out this mandate, the responsibilities of the Department and the Commission, in addition to the duties already prescribed by law, shall include but not be limited to the following:
a. to provide for the protection of persons and property through the protection of land resources and land-water interfaces in the state and the maintenance of water quality in the state.
b. to provide for the health of Michigan citizens through the prevention of hazards from air pollution and the prevention of health hazards in liquid and solid waste.
c. to integrate environmental preservation programs with state economic development programs including agriculture, through state land resource planning, land resources utilization and water resources planning and management.
d. to provide for the recreation and cultural enrichment of Michigan citizens including citizens residing in urban areas of the state, through programs designed to provide recreation opportunities through waterway usage services, fishery resource service, wildlife resource services, park and forest services and resource law enforcement.
2. The statutory authority, powers, duties, functions and responsibilities of the Water Resources Commission created under Section 1, Act 245, P.A.1929, as amended, being Section 323.1 of the Compiled Laws of 1948, are hereby transferred to the Department of Natural Resources by a Type II transfer as defined by Section 3(b) of Act 380 of the Public Acts of 1965, except that the Water Resources Commission shall continue to exercise independent authority with respect to quasi-judicial functions, rule-making, and issuance of permits and orders in the water pollution control functions, as specified in Section 2, Section 5, subsection (1) of Section 7, and subsection (b) of Section 8 of Act No. 245 of the Public Acts of 1929, as amended. In all other areas it shall serve in an advisory capacity to the Natural Resources Commission and staff.
3. The statutory authority, powers, duties, functions and responsibilities of the Michigan State Waterways Commission created under Section 2 of Act 320 of Public Acts of 1947, being section 281.502 of the Compiled Laws of 1948 is hereby transferred to the Department of Natural Resources by a Type II transfer as defined by Section 3(b) of Act 380 of Public Acts of 1965.
a. The Michigan State Waterways Commission shall serve in an advisory capacity to the Natural Resources Commission and staff.
b. All records, property, personnel and unexpended balances of appropriations and allocations and other funds used, held, employed, available, or to be made available, to the Michigan State Waterways Commission are transferred to the Department of Natural Resources.
4. The statutory authority, powers, duties, functions and responsibilities of the Air Pollution Control Commissions created by Section 3 of Act No. 348 of the Public Acts of 1965 being 336.13 of the Compiled Laws of 1948 is hereby transferred from the Department of Public Health to the department of Natural Resources by a Type II transfer as defined by Section 3(b) of Act No. 380 of the Public Acts of 1965, except that the Air Pollution Control Commission shall continue to exercise independent authority with respect to quasi-judicial functions, rule-making, and issuance of permits and orders in the air pollution control function, as specifically prescribed by Section 4, subsections (a), (b), (c), (d), (e) and (h) of Section 5; Section 7; Section 9; Section 10; and Section 11 of Act No. 348 of the Public Acts of 1965, as amended. In all other areas it shall serve in an advisory capacity to the Natural Resources Commission and staff. The statutory authority, powers, duties, functions and responsibilities of the State Health Commissioner pursuant to Section 6, of Act No. 348 of the Public Acts of 1965, as amended, being Section 336.16 of the Compiled Laws of 1970, is transferred from the Department of Public Health to the Department of Natural Resources by a Type II transfer as defined by Section 3(b) of Act No. 380 of the Public Acts of 1965; further the Director of Public Health shall continue to exercise independent authority with respect to the emergency powers in Section 14 of Act No. 348 of the Public Acts of 1965.
5. There is hereby transferred from the Department of Public Health to the Department of Natural Resources, by a Type II transfer, as defined by Section 3(b) of Act 380 of Public Acts of 1965, the statutory authority, powers, duties, functions and responsibilities set forth in the following:
a. Act 98 of the Public Acts of 1913, as amended, being Section 325.201 et seq. of the Compiled Laws of 1948 insofar as the statute provides for the supervision and control of planning, construction, operation and maintenance of sewage systems and the certification of sewage treatment, works, operators.
b. Act 87 of the Public Acts of 1965, as amended, being 325.291 et seq. with respect to solid waste disposal.
c. Act 243 of Public Acts of 1951, as amended, being Section 325.281 et seq. of the Compiled Laws of 1948, relating to the licensing of septic tank cleaners.
d. All records, property, personnel and unexpended balances of appropriations, allocations and other funds used, held, employed, available, or to be made available to the Department of Public Health for the above purposes are transferred to the Department of Natural Resources.
6. There is hereby transferred from the Department of Agriculture to the Department of Natural Resources the statutory authority, powers, duties, functions and responsibilities set forth in Act No. 238 of the Public Acts of 1972, establishing authority and appropriations for the coordination of watershed development.
7. [Stricken by E.R.O. No. 1976-1].
8. The Department of Natural Resources and the Natural Resources Commission are hereby ordered to assume complete responsibility for the development of a State Land Use Plan and to prepare legislative proposals to effectuate that program within one year of the effective date of this Executive Order.
The Special Commission on Land Use created by Executive Order 1970-15, as amended, by Executive Order 1971-7, is hereby abolished. The Interim Office on Land Use within the Executive Office of the Governor is hereby abolished. All of the duties, responsibilities, and functions of the Special Commission on Land Use and the Interim Office are hereby transferred to the Department of Natural Resources by a Type II transfer along with all records, property, personnel and unexpended balances of appropriations, allocations and other funds used, held, employed, available, or to be made available to the Special Commission on Land Use and the Interim Office on Land Use.
9. Executive Order 1969-1 creating the Advisory Council for Environmental Quality is hereby rescinded. The powers, duties, functions and responsibilities of the Council as set forth therein are hereby transferred to the Department of Natural Resources and the Natural Resources Commission.
10. All rules and orders of the agencies and entities transferred by this Executive Order lawfully adopted prior to the effective date of this Order shall continue to be effective until revised, amended, or repealed.
11. All hearings and proceedings before commissions or other agencies included in the functions transferred by this Order shall be transferred to the Department of Natural Resources.
12. The Natural Resources Commission, after the effective date of this order, shall issue an administrative order to internally reorganize the Department as may be deemed necessary to promote economic and efficient administration and operation of the Department, and shall promulgate all necessary administrative rules to implement the reorganization.
The Director, Bureau of Programs and Budget, is hereby ordered to review and approve the internal reorganization of the Department of Natural Resources on behalf of the Governor as set forth in Section 7(a) of Act 380 of Public Acts of 1965, being Section 16.107 of the Michigan Compiled Laws.
In fulfillment of the requirements of Article V, Section 2 of the Michigan Constitution, the provisions of this Executive Order shall become effective September 1, 1976.
Cite this article: FindLaw.com - Michigan Compiled Laws, Chapter 299. Natural Resources § 299.11 - last updated January 01, 2025 | https://codes.findlaw.com/mi/chapter-299-natural-resources/mi-comp-laws-299-11/
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