Lake authorities could challenge certain permit denials directly in court

An authority could appeal a covered permit denial directly to the court overseeing the inland lake matter. The authority must have a legal duty under this part to maintain an inland lake’s normal level. This applies when the department denies a permit under part 31, 301, 303, or 315, and the denial affects an authority’s legal duty to maintain the lake’s normal level. The appeal does not go through contested case proceedings under Michigan’s administrative procedures law. The authority must appeal within 60 days after the permit is denied.

The court would review the denial anew and must grant the permit if it makes all four required findings. This applies to an appeal by an authority responsible for maintaining an inland lake’s normal level after a covered permit denial. The court must find that granting the permit would provide the most benefit to the public, best protect public health, safety, and welfare, best preserve Michigan’s natural resources, and best preserve property values around the lake.