State and Federal Wetland Regulations

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State and Federal Wetland Regulations

State Regulations

In 1979

, the Michigan legislature passed the Geomare-Anderson Wetlands Protection Act, 1979 PA 203,

which

is now Part 303, Wetlands Protection, ofthe Natural Resources and Environmental Protection Act,

1994 PA 451, as amended (NREPA). The DEQ has adopted administrative rules which provide clarification

and guidance on interpreting Part 303. Some wetlands in coastal areas (called Environmental Areas) are

given further protection under Part 323, Shorelands Protection and Management, of the NREPA.

In accordance with Part 303, wetlands are regulated if they are any of the following:

• Connected to one of the Great Lakes or Lake St. Clair.

• Located within 1,000 feet of one of the Great Lakes or Lake St. Clair.

• Connected to an

inland lake, pond, river, or stream.

• Located within 500 feet of an inland lake, pond, river or stream.

• Not connected to one of the Great Lakes or Lake St. Clair, or an inland lake, pond, stream, or river,

but are more than 5 acres in size.

• Not connected to one of the Great Lakes or Lake St. Clair, or an inland lake, pond, stream, or river,

and less than 5 acres in size, but the DEQ has determined that these wetlands are essential to the

preservation of the state's natural resources and has notified the property owner.

Wastewater Construction The law requires that persons planning to conduct certain activities in regulated wetlands apply for and

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receive a permit from the state before beginning the activity. A permit is required from the state for the

following:

• Deposit or permit the placing of fill material in a wetland.

• Dredge

, remove, or permit the removal of soil or minerals from a wetland.

• Construct, operate, or maintain any use or development in a wetland.

• Drain surface water from a wetland.

The DEQ must determine the following before a permit can be

issued:

• The permit would be

in the public interest.

• The permit would be otherwise lawful.

• The permit is necessary to realize the benefits from the activity.

• No unacceptable disruption to aquatic resources would occur.

• The proposed activity is wetland dependent or

no feasible and prudent alternatives exist.

For more information on permit application review and the criteria for determining public interest, please refer

to Section 30311 of Part 303.

Part

303. Wetlands Protection. of the NREPA

Part 303, Wetlands Protection. Rules

Wetland Mitigation Watersheds Figure

Part 323. Shorelands Protection and Management. of the NREPA

Federal Regulations

In 1984, Michigan received authorization from the federal government to administer Section 404 of the federal

Clean Water Act in most areas of the state. A state administered 404 program must be consistent with the

requirements of the federal Clean Water Act and associated

regulations set forth in the Section 404(b)(1)

guidelines. Whereas in other states, where an applicant must apply to the U.S. Corps of Engineers and a

state agency for wetland permits, applicants in Michigan generally submit only one wetland permit

application to the DEQ

.

State and federal authorities overlap in coastal and certain other waters according to Section 10 of the federal

Rivers and Harbors Act, and both federal and state permits are required. In accordance with the Clean Water

Act, Section 404(g), the U.S. Army 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. Activities in these

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5/29/13 DEQ- State and Federal Wetland Regulations

waters require a joint pennit application which minimizes time and effort for applicants.

Federal owrsight of state-administered 404 programs is primarily the responsibility of the U.S. Em.ironmental

Protection Agency. The department's 1983 Memorandum of Agreement with USEPA Region 5 outlines the

procedures to be followed in program administration. This agreement waiws federal rel.iew of the vast

majority of applications in areas under Michigan's 404 jurisdiction. Howewr, federal agencies must rel.iew

projects which impact critical enl.ironmental areas, or which inwlw large quantities of fill. At the present

time, US EPA rel.iew about one percent of all applications receiwd. If the DEQ detennines that an application

under Michigan's 404 program is subject to federal rel.iew, copies of the public notice are sent to USEPA

Region 5, Detroit District Corps, and the U.S. Fish and Wildlife Serl.ice. The USEPA is responsible for

compiling all federal comments, and submitting comments on the federal position to the DEQ.

The DEQ may not issue a pennit which carries Section 404 authority if the USEPA objects to the project.

This is true ewn if the applicant successfully appeals the state's denial of a penn it at the administratiw lewl

or through a state court. Section 404 prol.ides for a rewrsion to Corps processing if a state and the EPA

reach an impasse on a project {that is, if the state is prepared to issue a pennit, but USEPA continues to

object)

Section 404 of the Clean Water Act

Section 404(b)(1) Guidelines

Executive Order 11990

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Copyright© 2001-2013 State of Michigan

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NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT)

Act 451 of 1994

324.30304 Prohibited activities.

Sec. 30304. Except as otheiWise provided in this part or by a permit issued by the department under

sections 30306 to 30314 and pursuant to part 13, a person shall not do any of the following:

(a) Deposit or permit the placing of fill material in a wetland.

(b) Dredge, remove, or permit the removal of soil or minerals from a wetland.

(c) Construct, operate, or maintain any use or development in a wetland.

(d) Drain surface water from a wetland.

History: Add. 1995, Act 59, Imd. Eff. May 24, 1995;-Am. 2004, Act 325, Imd. Eff. Sept. 10,2004.

Popular name: Act 451

Popular name: NREP A

Popular name: Wetland Protection Act

Rendered Friday, May 17, 2013

©

Legislative Council, State of Michigan

Page 1 Michigan Compiled Laws Complete Through PA 29 of 2013

Courtesy of www.legislature.mi.gov