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Representative Beerline and constituent urge exemption for sub‑one‑acre backyard ponds
Summary
Supporters of House Bill 5707 told the House Rules Committee the measure would exempt residential and agricultural landowners from state permits for noncommercial ponds under 1 acre that do not connect to other waters, arguing it balances environmental safeguards with private property rights.
Representative Beerline told the House Rules Committee he sponsored House Bill 5707 to exempt small, noncommercial residential ponds from state permitting when located on land zoned residential or agricultural and under one acre in surface area, so long as they do not connect to a lake, river or stream. He said the bill’s H‑1 substitute retains state permitting for waterbodies connected to public waterways to preserve necessary oversight.
"This legislation is straightforward common‑sense reform," Representative Beerline said, arguing the current permitting framework can impose "costly enforcement actions, legal uncertainty, and lengthy disputes" on homeowners who believed local authorities had cleared their work.
Zachary Wick of Freeland, a constituent who testified in support, described a prolonged dispute he said began after his brother expanded a pond to roughly 0.9 acres. Wick provided a timeline of agency interactions and said that, after repeated contact and a state order to restore that the family estimated could cost about $100,000, the case was moved into enforcement with the Attorney General's office. Wick added that he received a lawsuit five days after his earlier committee testimony and said that sequence suggests the family faced retaliatory enforcement.
Wick said the experience demonstrates the need for clearer rules so homeowners can make modest improvements without facing what he called "weaponization and overreach" by the agency he identified as Eagle. He urged lawmakers to adopt HB 5707 to limit state permitting for small, private ponds while keeping protections for projects that affect larger or connected water systems.
Committee members asked clarifying questions about how local permits interact with state jurisdiction and what criteria Eagle uses to deem a site a "regulated wetland." Vice Chair Farhat and Representative Martin pressed witnesses on how often enforcement escalates and whether an appeals commission would have provided an additional check. Witnesses said local townships and counties sometimes determined permits were not required and that the disputed cases often arise after excavation is complete or following an anonymous complaint.
The chair read in two cards from Eagle and from NFIB indicating those organizations did not wish to speak during the hearing. The committee did not take a final vote on HB 5707 during this meeting. The matter remains before the Rules Committee for any next steps.
