State Rep. David Martin yesterday introduced House Bill 5536 to address growing frustration from Michigan property owners who say state wetland enforcement has become confusing, inconsistent, and overly burdensome.

The legislation would amend the Natural Resources and Environmental Protection Act to align Michigan’s definition of regulated waters with the federal definition of “Waters of the United States” under Section 502(7) of the federal Water Pollution Control Act. The bill also clarifies that, to qualify as a wetland outside existing statutory definitions, a land or water feature must be adjacent to a federally recognized water and have a continuous surface connection to it.

Martin said the bill responds directly to concerns from residents who have done their due diligence, hired consultants, completed studies, and worked with local officials, only to face unexpected state enforcement actions later.

“Over and over, I’ve heard from property owners who did everything they were told to do,” Martin said. “They paid for studies. They followed local zoning. Then the state shows up, tells them their own research doesn’t count, and threatens fines. That is not how government should operate.”

Martin said HB 5536 is intended to correct a system that has left landowners uncertain about what qualifies as a regulated wetland and why state determinations sometimes conflict with independent evaluations.

“This bill answers the basic questions constituents keep asking,” Martin said. “Why does my professional study say one thing and the state says another? Why can’t I rely on the same definition used at the federal level? Why are the rules so unclear when it comes to my own property?”

Martin emphasized the proposal does not eliminate Michigan’s special authority under the EPA to protect the Great Lakes or weaken environmental safeguards. Instead, he said, it eases rules that have become unnecessarily onerous for everyday property owners trying to use their land responsibly.

“When the rules are unclear, inconsistent, or depend on who shows up from the state, people lose trust,” Martin said. “HB 5536 fixes that by aligning our definition with federal law and establishing clear criteria property owners can understand before they invest time and money.”

House Bill 5536 has been referred to the House Committee on Natural Resources and Tourism.