Environmental Rules in Sterling Heights, MI

If you live in Sterling Heights or are thinking about moving there, environmental rules are one of those things you probably won't think about until they affect you directly. Sterling Heights has 5 specific rules on the books covering different aspects of environmental rules, and some of them might surprise you.

Flood Zones

Sterling Heights bars human habitation inside its FEMA-mapped floodplain area under Zoning Ordinance Article 16 and imposes a two-foot freeboard on lots that straddle the boundary. Farming, parks, roads, utilities and surface parking are allowed; permit review runs through the Planning Department, Planning Commission and City Engineer, with appeals to the Zoning Board of Appeals.

Key details: Freeboard requirement: 2 feet above floodplain elevation. FEMA source study: Macomb County FIS dated 9/29/06. Habitable structures: Prohibited within the floodplain area. Adopted map: Flood Insurance Study dated 5-15-1986. Appeals body: Zoning Board of Appeals.

Article 16 carries no penalty of its own; enforcement runs through the Zoning Ordinance's general violations section, Section 33.00. Building or using floodplain land contrary to Article 16 is a misdemeanor punishable by a fine of up to $500, up to 90 days imprisonment, or both, at the court's discretion, and every day the violation continues is a separate offense. The city can also sue in court to restrain or prevent noncompliant construction or use in addition to any criminal penalty.

This is one of the stricter rules in Sterling Heights's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

Boat Dock Permits

Sterling Heights requires City of Sterling Heights Building Department approval before anyone builds, maintains or places a dock, pier or raft on recreational waters within the city, from the Clinton River to neighborhood lakes, canals, drains and retention basins. The rule covers all such waters, Macomb County waterways included, with no Clinton River carve-out, and approval follows regulations the City Manager promulgates and files with the City Clerk.

Key details: Governing section: Code of Ordinances § 43-8, adopted 1987. Approval authority: City of Sterling Heights Building Department. Scope: All docks, piers, rafts on recreational waters. Clinton River: No exemption, unlike boating and fishing rules. Enforcement: Municipal civil infraction under § 1-9(C).

Building, maintaining or placing an unpermitted dock, pier or raft under section 43-8 is listed among Chapter 43's enumerated municipal civil infraction offenses in section 1-9(C), so the City issues a municipal civil infraction citation rather than a criminal charge for a first offense. Under section 1-10, a dock left in place without approval counts as a new, separate violation each day it continues, so an unresolved infraction compounds daily until the structure is removed or approval is obtained.

Flood Elevation Requirements

In Sterling Heights, Michigan floodplain areas, a home's lowest floor must sit at least two feet above the FEMA floodplain boundary elevation before the city allows habitable construction there.

Key details: Freeboard required: 2 feet above floodplain boundary. Governing article: Zoning Ordinance Article 16. Flood map source: Macomb County FEMA FIS, 2006. Habitable structures: Prohibited inside floodplain area.

Building below the two-foot freeboard, or placing habitable structures inside the floodplain area itself, violates Article 16 and can block site plan or building permit approval by the city.

Erosion Control

Sterling Heights requires a Soil Erosion and Sedimentation Control permit from the Office of Engineering before any grading, excavation, or earth change under Chapter 17, enforcing Michigan's Part 91 erosion law within Macomb County.

Key details: Permitting agency: Office of Engineering. Permit trigger: Any grading, excavation, or earth change. Max daily fine: $25,000 for repeat violations. Acreage exemption: Under 1 acre, 500+ feet from water.

Violating Chapter 17 is a municipal civil infraction; knowing violations carry fines up to $10,000 per day, and repeat violations after a notice can reach $25,000 per day.

Stormwater Management

Sterling Heights bans discharging anything but storm water into its municipal storm drain system and watercourses, regulating illicit connections and requiring industrial and construction dischargers to comply with NPDES permits under its Illicit Discharge Elimination Program.

Key details: Governs: Storm drain system & watercourses. Core rule: No discharge but storm water. Program: Illicit Discharge Elimination Program. Industrial/construction: NPDES permit compliance required.

Notice of violation from the Public Works Director; municipal civil infraction and/or misdemeanor citations under Chapter 1; unremediated abatement costs become a special assessment lien on the property.

Compared to other cities, Sterling Heights takes a harder line on stormwater management. The enforcement and penalty structure reflects that.

The Bottom Line

Sterling Heights is tougher than many cities when it comes to environmental rules. Out of the 5 rules covered here, 2 are rated strict. If you are a homeowner, renter, or business owner in Sterling Heights, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

This guide is based on Sterling Heights's current municipal code. Local rules can and do change, so check the individual ordinance pages for the latest details, penalties, and FAQs.