{"data":{"id":"us-mi/mich.-comp.-laws-324.64106","jurisdiction":"us-mi","citation":"Mich. Comp. Laws § 324.64106","heading":"Public hearing; determination; criteria; statement of reasons.","body":"Sec. 64106.\n\nAfter the submission of the information required by section 64105(4), and after review and evaluation of that information by the department, the department shall hold a public hearing to hear comments from the public on whether the department should enter into a contract for the taking of peat from a nominated parcel. This hearing may be consolidated with other legally required hearings related to the taking of peat from the nominated parcel.\n\nAfter completion of the public hearing required by subsection (1), the department shall decide whether to enter into a contract with the highest bidder based upon a determination that the taking of the peat from the parcel of nominated land would be in the public interest and would not unacceptably disrupt or destroy the aquatic or other resources of the peat land or the surrounding area. In making this determination, the department shall balance the benefit that reasonably may be expected to accrue from the taking of the peat against the reasonably foreseeable detriment of the taking, and, to that end, shall consider the following criteria:\n\nThe relative extent of the public and private need for the taking of the peat.\n\nThe availability of feasible and prudent alternative locations and methods for attaining the expected benefits of the taking of the peat.\n\nThe extent and permanence of the beneficial or detrimental effects which the taking of the peat may have on the public and private uses to which the area is suited.\n\nThe probable impact of the taking of peat in relation to the cumulative effect created by other existing and anticipated activities in the watershed where the peat is located.\n\nThe probable impact of the taking of the peat on recognized historic, cultural, scenic, ecological, educational, or recreational values, and on the public health, or fish or wildlife.\n\nThe size of the peat surface area in relation to the size of the parcel of state owned land.\n\nThe impact of the taking of the peat on subsurface water resources, recharging groundwater supplies and adjacent watersheds, and surface water bodies.\n\nThe economic value, both public and private, of the taking of peat to the general area.\n\nThe department shall state its reasons for deciding to enter or not to enter into a contract with the highest bidder for the taking of peat.","path":["MI Code","Chapter 324","Act Act-451-of-1994"],"source_url":"https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-324-64106","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:31Z","sha256":"3e594c814336507a5ac70025e57e32ecd1af7006abbb83eee469924bba43ebfb","source_id":"us-mi","stale":false,"prev":"us-mi/mich.-comp.-laws-324.64105","next":"us-mi/mich.-comp.-laws-324.64107"},"notice":"GroundRules: Original legal text. Not legal advice."}