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Battle Creek, MI Environmental Rules: Erosion Control (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Governing section
Codified Ordinances § 1250.02(g)(11), Subdivision Regulations
What plats must show
Proposed erosion and sediment control measures
Where measures go
Incorporated into the final construction drawings
State standard
Public Act 451 of 1994, MCL 324.101 et seq.
Local review agency
Calhoun County Enforcing Area (soil conservation plans)
Chapter 1048 penalty
Class C municipal civil infraction, each day separate

Summary

In the City of Battle Creek, Michigan, every subdivision plat must carry proposed soil erosion and sediment control measures, and those measures must be built into the final construction drawings and meet the standards of Michigan's Natural Resources and Environmental Protection Act, Public Act 451 of 1994.

(11) Soil erosion and sediment control. Since considerable erosion can take place prior to the construction of houses, buildings, facilities and features in a subdivision, the various plats for a subdivision shall contain proposed erosion and sediment control measures. The measures shall be incorporated into the final construction drawings. Erosion and sediment control measures shall conform to the standards and specifications of the Natural Resources and Environmental Protection Act, Public Act 451 of 1994, as amended, being MCL 324.101 et seq. and rules established thereunder.

Full Breakdown

The erosion rule sits in the Subdivision Regulations, Codified Ordinances § 1250.02(g)(11), under the Improvements subsection. The City Commission's reasoning is printed in the text: considerable erosion can take place before houses, buildings, facilities and features go up, so the plats for a subdivision must contain proposed erosion and sediment control measures, and the measures must be incorporated into the final construction drawings. The standard is borrowed from the state: the measures must conform to the standards and specifications of Public Act 451 of 1994, as amended, MCL 324.101 et seq., and the rules established under it.

The preliminary plat contents list in the same section repeats the requirement from the application side, calling for plans and specifications of the soil erosion and sedimentation control measures. That list cites Public Act 347 of 1972 as amended, again with MCL 324.101 et seq., so the code names two public act numbers for the same state statute family.

The stormwater chapter reinforces the policy. Section 1048.01 finds that inadequate soil erosion and sedimentation control practices can cause increased turbidity, and § 1048.02(g) lists minimizing soil erosion and sedimentation as a goal of the chapter. Section 1048.03(aa) defines a soil conservation plan as a document prepared or approved by the Calhoun County Enforcing Area that controls storm water and soil erosion, reduces sediment loss, or protects receiving water quality on a specific parcel. Under § 1048.05(c), bona fide agricultural pursuits with a soil conservation plan approved by the Calhoun County enforcing agency are exempt from the stormwater chapter.

Chapter 1048 applies to all land within the City under § 1048.04, and a developer who builds a stormwater system must also submit a stormwater management plan with site development approval under § 1048.08.

Violations & Fines

The erosion clause in § 1250.02(g)(11) is a plat and plan requirement, so a subdivision that omits the measures is stopped at plat review. Where a development violates the stormwater chapter, § 1048.99 makes it a Class C municipal civil infraction with each day a separate offense, and § 202.98 sets Class C fines at $50.00 first offense, $100.00 for a second within one year and $200.00 for a third or later. The City can also seek an injunction, and § 1048.21 lets it restore the site and lien the property for the cost.

Frequently Asked Questions

Does a Battle Creek subdivision need an erosion control plan?
Yes. Section 1250.02(g)(11) of the Battle Creek Codified Ordinances says the plats for a subdivision shall contain proposed erosion and sediment control measures, and the measures must be incorporated into the final construction drawings. The preliminary plat contents list also asks for plans and specifications of the soil erosion and sedimentation control measures.
Which standards do the erosion measures have to meet?
The measures must conform to the standards and specifications of the Natural Resources and Environmental Protection Act, Public Act 451 of 1994, as amended, MCL 324.101 et seq., and the rules established under it. The City Commission wrote the state statute into its own subdivision regulations rather than setting separate local numbers.
Who approves a soil conservation plan for a Battle Creek parcel?
Section 1048.03(aa) defines a soil conservation plan as a document prepared or approved by the Calhoun County Enforcing Area. Under § 1048.05(c), a bona fide agricultural operation with a plan approved by the Calhoun County enforcing agency is exempt from the City's stormwater management chapter.
What is the fine for violating the stormwater chapter?
Section 1048.99 makes a violation of Chapter 1048 a Class C municipal civil infraction, with each day a separate offense. Under § 202.98 the Class C schedule is $50.00 for a first offense, $100.00 for a second offense within one year and $200.00 for a third or later offense within one year.

Sources & Official References

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