Natural resources: inland lakes; dam safety regulations; provide for. Amends secs. 31502, 31503, 31504, 31505, 31506, 31507, 31508, 31509, 31510, 31511, 31513, 31515, 31516, 31517, 31518, 31520, 31521 & 31523 of 1994 PA 451 (MCL 324.31502 et seq.) & adds secs. 31506a, 31509a, 31509b, 31517a, 31518a, 31518b, 31518c, 31518d, 31528a & 31528b.
House Bill 5485 would substantially revise Michigan’s dam safety provisions in Part 315 of the Natural Resources and Environmental Protection Act. It updates and expands statutory definitions for dams, hazard classifications, spillways, floods, and related engineering terms, and it tightens the rules governing construction, repair, alteration, enlargement, removal, abandonment, and reconstruction of dams. The bill also adds new requirements for professional engineering oversight, permit applications, public notice, hearings, and post-construction certification.
A major feature of the bill is the creation of a more structured statewide dam oversight system. It requires owners to register dams in a staggered process, submit asset management plans, and maintain current inspection reports, comprehensive evaluations, surveillance and monitoring plans, operation and maintenance plans, safety and security plans, and emergency action plans. The bill also establishes fee schedules for permits and registrations, with future inflation-based adjustments, and creates a dam safety emergency fund and a dam risk reduction grant program to support corrective work, repairs, removals, and engineering studies.
The bill would amend multiple sections of Part 315 of the NREPA and add several new sections, expanding the Department of Environment, Great Lakes, and Energy’s authority over dam permitting, inspection, registration, and enforcement. It would impose new compliance obligations on dam owners, including periodic inspections by licensed professional engineers, comprehensive safety reviews, mandatory recordkeeping, emergency planning, and reporting of incidents or deficiencies. It also authorizes the department to issue emergency orders, require performance bonds in some cases, and take corrective action using a new emergency fund when owners do not act.
The bill’s structure suggests a strong safety-oriented approach, with an emphasis on preventing dam failures, improving preparedness, and giving the state more tools to intervene when risks are identified. Because no committee transcripts or recorded votes were provided, there is no direct evidence of support or opposition from legislators or stakeholders in the available materials. Based on the text alone, the measure appears designed to modernize dam regulation and increase accountability for owners, while also offering grant support for needed repairs and removals.
The most likely points of contention are the expanded regulatory burden and higher fees imposed on dam owners, especially smaller local governments, nonprofits, and private owners that would have to prepare detailed plans, pay registration and permit fees, and comply with recurring inspections and reporting. Another likely issue is the department’s expanded authority to classify dams, require additional studies, issue emergency orders, and revoke registrations or permits, which could be viewed as necessary public-safety oversight by supporters but as costly or intrusive by opponents. The bill partially offsets these concerns by waiving some fees for certain public and nonprofit entities and by creating grant funding for risk-reduction projects.