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Wetland
Regulatory Information: Michigan
Name
of State Statute: Part 303, Wetlands Protection,
of Natural Resources and Environmental Protection
Act (NREPA); Part 301, Inland Lakes and Streams,
of NREPA
Michigan is one of two U.S. states that have been
authorized to administer section 404 of the Clean
Water Act (CWA). The Michigan Department of Environmental
Quality (DEQ) administers the program, which must
be consistent with the requirements of the CWA.
Whereas in other states an applicant must apply
to the Corps of Engineers (Corps) and a state agency
for a wetlands permit and section 401 water quality
certification, applicants in Michigan generally
submit only one wetlands permit application to the
DEQ.
The Corps of Engineers retains federal jurisdiction
over traditionally navigable waters including the
Great Lakes, connecting channels, other waters connected
to the Great Lakes where navigational conditions
are maintained, and wetlands directly adjacent to
these waters. In addition to state regulation, a
local unit of government can regulate wetlands by
ordinance.
Wetland definition and delineation: Wetland
means land characterized by the presence of water
at a frequency and duration sufficient to support,
and that under normal circumstances does support,
wetland vegetation or aquatic life, and is commonly
referred to as a bog, swamp, or marsh. DEQ uses
the MDEQ Wetland Identification Manual, rather than
the Corps' 1987 Wetland Delineation Manual, to delineate
Michigan wetlands. However, the delineation methods
and results are similar.
Wetlands
regulated: Michigan regulates wetlands
connected to one of the Great Lakes or Lake St.
Clair; wetlands located within 1,000 feet of one
of the Great Lakes or Lake St. Clair; wetlands connected
to an inland lake, pond, river or stream; and wetlands
located within 500 feet of an inland lake, pond,
river or stream. Michigan generally regulates dredge
and fill activity only in lakes or ponds with a
total water surface area (including associated streams)
of 5 acres or more. Michigan regulates dredge and
fill activity in noncontiguous ("isolated")
wetlands not listed above that are 5 acres or greater
in size and are located in counties with population
of more than 100,000; and in wetlands not listed
above which the DEQ has determined are essential
to the preservation of the state’s natural resources
and has notified the property owner.SWANCC Fix:
State law generally regulates lakes, ponds, and
"isolated" wetlands with a surface area
of 5 acres or more (except in counties with populations
of less than 100,000).
However, many smaller "isolated" wetlands,
ponds, and lakes are not currently protected under
state law. There is a provision in state law that
allows the DEQ to claim jurisdiction over isolated
wetlands if it determines that the wetland is "essential
to the preservation of natural resources."
Local Ordinances:
A number of communities in Michigan have enacted
wetland protection ordinances. See, http://www.michigan.gov/deq/0,1607,7-135-3313_368710801--,00.html.
For a list of these communities, visit:
http://www.michiganwetlands.org/citguide/AppendixG.pdf
Contacts:
Source of information: MI Department of Environmental
Quality (DEQ)
(http://www.michigan.gov/deq/0,1607,7-135-3313_3687---,00.html)
Type of information: Public notices of state individual
permits
To get added to list: Permit Consolidation Unit,
Geological and Land Management Division, Michigan
Department of Environmental Quality, P.O. Box 30204,
Lansing, MI 48909-7704, or email DEQ-LWM-PCU@michigan.gov.
Source of information: U.S. Army Corps of Engineers,
Detroit District (http://www.lre.usace.army.mil/index.cfm?chn_id=1931)
Type of information: Public notices of 404 individual
permits
To get added to list: Regulatory Office, ATTN: Eric
Jones, P.O. Box 1027, Detroit, MI 48231, 313-226-2218
or http://www.lre.usace.army.mil/functions/rf/html/PNmailform.htm
Exemptions:
http://www.michiganlegislature.org/printDocument.asp?objName=mcl-32430305&version=txt |
