Huggett v. Department of Natural Resources

629 N.W.2d 915, 464 Mich. 711
CourtMichigan Supreme Court
DecidedJuly 17, 2001
DocketDocket 113463
StatusPublished
Cited by54 cases

This text of 629 N.W.2d 915 (Huggett v. Department of Natural Resources) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Huggett v. Department of Natural Resources, 629 N.W.2d 915, 464 Mich. 711 (Mich. 2001).

Opinion

Cavanagh, J.

This case requires us to decide whether plaintiffs’ proposed activities to build and operate a commercial cranberry farm in a wetland is exempt from the statutory wetland permit requirements, MCL 324.30304, because it is a farming activity that is not subject to the permit requirements under the. farming activities exemption provided by MCL 324.30305(2)(e). We conclude that the farming activities exemption is not so broad that it encompasses plaintiffs’ proposal. Also, the proposed cranberry farm does not fall within the production and harvest *713 ing draining exemption to the wetland permit requirements, MCL 324.30305(2)0), or the existing farming exemption to the requirements, MCL 324.30305(3), that we ordered the parties to address. Therefore, plaintiffs must obtain a wetland permit to proceed with the proposed cranberry farm. Accordingly, we affirm the judgment of the Court of Appeals.

i

The facts of this case surround plaintiffs Wallace Huggett and Huggett Sod Farm’s proposal to build a commercial cranberry farm on land in Cheboygan County. Plaintiff Huggett acquired the 325-acre parcel, all but forty-seven acres of which is wetland, after a mortgage on the property was assigned to him and he foreclosed the mortgage. Before plaintiff acquired the parcel, which abuts Lake 16, the parcel had been the site of a peat farm. After acquiring title, plaintiffs proposed to build a 200-acre commercial cranberry farm on the land. To create beds in which cranberries could grow, the proposed farm entailed placing fill material in wetland areas, excavating and removing soil from wetland areas, building dikes and culverts; digging irrigation ditches; and constructing a reservoir and pumping station, roads, and an airstrip.

In 1990, plaintiff Huggett contacted defendant Department of Natural Resources to determine whether he needed a wetland permit to proceed with the proposed cranberry farm. Defendant advised him that he did, and plaintiffs applied for a permit later that year. However, defendant denied the application. Plaintiffs then requested a contested case hearing under the Administrative Procedures Act, MCL 24.201 et seq., see MCL 324.30319(2) (allowing requests for *714 hearings under the Administrative Procedures Act), and although the case was docketed for a hearing, no such hearing occurred after over a year. Plaintiffs thus filed this action seeking a declaration that their proposed cranberry farm is not subject to the wetland permit requirements because it is a farming activity exempted from the requirements by MCL 324.30305(2)(e). All administrative proceedings have been abeyed for this litigation.

After several hearings, and after addressing matters no longer pertinent to this case, the trial court granted plaintiffs the declaration they sought. The trial court’s final judgment and order held that plaintiffs’ proposed cranberry farm is a farming activity exempt from the wetland permit requirements. That order stated that the farming activities exemption “includes all activities necessary to commence and to continue farming in a commercially viable manner and to bring land into agricultural production.”

Defendant appealed. The Court of Appeals reversed on the exemption issue, reasoning that “the farming exemption was intended to apply to land in established use for agriculture, and was not intended to refer to new farming activities . . . .” 232 Mich App 188, 195; 590 NW2d 747 (1998). Because plaintiffs wanted to establish a new farm rather than continue an existing farm, the Court of Appeals concluded that plaintiffs must obtain a wetland permit. Plaintiffs appealed that conclusion, and this Court granted leave, limited to whether the Court of Appeals correctly interpreted the farming activities exemption. Also, we ordered the parties to address the applicability of MCL 324.30305(2)(j) and (3), which concern draining wetland that is contiguous to a lake or *715 stream and farming that has been in existence since 1980, respectively. 463 Mich 910 (2000). We now affirm.

n

Part 303 of the Natural Resources and Environmental Protection Act governs activities in wetlands. 1 See MCL 324.30301 et seq. Most importantly, MCL 324.30304 prohibits certain acts in wetlands:

Except as otherwise provided by this part or by a permit obtained from the department [of Natural Resources] under [other sections of NREPA part 303], a person shall not do any of the following:
(a) Deposit or permit the placing of fill material in a wetland.
(b) Dredge, remove, or permit the removal of soil or minerals from a wetland.
(c) Construct, operate, or maintain any use or development in a wetland.
(d) Drain surface water from a wetland.

However, part 303 also provides that certain activities are not subject to § 30304’s prohibitions. Section 30305 sets forth permissible uses of a wetland, and states in pertinent part:

(2) The following uses are allowed in a wetland without a permit subject to other laws of this state and the owner’s regulation:
*716 * * *
(e) Farming, horticulture, silviculture, lumbering, and ranching activities, including plowing, irrigation, irrigation ditching, seeding, cultivating, minor drainage, harvesting for the production of food, fiber, and forest products, or upland soil and water conservation practices. Wetland altered under this subdivision shall not be used for a purpose other than a purpose described in this subsection without a permit from the department.
(f) Maintenance or operation of serviceable structures in existence on October 1, 1980 or constructed pursuant to this part of former Act No. 203 of the Public Acts of 1979.
(g) Construction or maintenance of farm or stock ponds.
(h) Maintenance, operation, or improvement which includes straightening, widening, or deepening of the following which is necessary for the production or harvesting of agricultural products:
(i) An existing private agricultural drain.
(ii) That portion of a drain legally established . . . which has been constructed or improved for drainage purposes.
(m) A drain constructed pursuant to other provisions of this part ....
(i) Construction or maintenance of farm roads, ... if the roads are constructed and maintained in a manner to assure that any adverse affect on the wetland will be otherwise minimized.
G) Drainage necessary for the production and harvesting of agricultural products if the wetland is owned by a person who is engaged in commercial farming and the land is to be used for the production and harvesting of agricultural products.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People of Michigan v. Deonton Autez Rogers
Michigan Court of Appeals, 2021
Christopher M Redding v. Tina Blodgett
Michigan Court of Appeals, 2021
Ryan S Nixon v. Webster Township
Michigan Court of Appeals, 2020
James E Scott v. City of South Haven
Michigan Court of Appeals, 2018
Hudson v. Hudson
885 N.W.2d 652 (Michigan Court of Appeals, 2016)
Michigan Coalition of State Employee Unions v. State of Michigan
870 N.W.2d 275 (Michigan Supreme Court, 2015)
Shelby Baumgartner v. Perry Public Schools
309 Mich. App. 507 (Michigan Court of Appeals, 2015)
in Re Application of Indiana Michigan Power Co Cert of Necessity
307 Mich. App. 272 (Michigan Court of Appeals, 2014)
People v. King
804 N.W.2d 911 (Michigan Court of Appeals, 2011)
General v. Blue Cross Blue Shield
291 Mich. App. 64 (Michigan Court of Appeals, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
629 N.W.2d 915, 464 Mich. 711, Counsel Stack Legal Research, https://law.counselstack.com/opinion/huggett-v-department-of-natural-resources-mich-2001.