ADOPTED - NOVEMBER 25, 2003

Agenda Item No. 10

Introduced by Commissioner Andy Schor of the:

INGHAM COUNTY BOARD OF COMMISSIONERS

RESOLUTION OPPOSING HOUSE BILL 5180

RESOLUTION #03-299

WHEREAS, proposed House Bill 5180 would amend Part 91 of 1994 PA 451, Soil Erosion and Sedimentation Control of the Natural Resources and Environmental Protection Act, limiting access to private property to perform inspection and investigation; and

WHEREAS, Section 9113 of Part 91 currently allows entry onto private property at all reasonable times for the purpose of inspecting and investigating conditions or practices that may be in violation of the law; and

WHEREAS, proposed House Bill 5180 would amend Section 9113 of Part 91 to provide entry to perform inspection and investigation upon private property only with either the permission of the owner of the property or a search warrant; and

WHEREAS, the Drain Commissioner, the Ingham County Enforcing Agent for Part 91, is strongly in opposition to House Bill 5180 because of the harm that would result to the waters of the State from imposing needless restraint on the enforcement of Part 91.

THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners opposes House Bill 5180.

BE IT FURTHER RESOLVED, that the County Clerk shall forward a copy of this resolution to the State Representatives and Senators representing Ingham County, the Department of Environmental Quality, Department of Natural Resources, Natural Resources Commission and the Governor.

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Andy Schor