Bay County, MI Environmental Rules: Erosion Control (2026)
Key Facts
- Governing law
- Bay County Code §§ 63.401, 63.404, 63.702
- Adopted
- Ord. No. 33, August 11, 1992
- Home addition trigger
- Over 400 square feet
- Pool trigger
- In-ground pool over 20,000 gallons
- Penalty
- Up to $500 fine, up to 90 days jail
- Bond required
- Up to $500 per acre
Summary
Bay County requires a Soil Erosion and Sediment Control Permit before any earth change disturbing enough ground to trigger the ordinance, including new home sites over 400 square feet and large in-ground pools. The county enforcing agency issues permits under Part 63, Ord. No. 33. Violating the permit requirement is a misdemeanor punishable by up to a $500 fine and 90 days in jail.
This Ordinance shall be known as the "Bay County Soil Erosion and Sediment Control Ordinance," ... A landowner or developer who contracts for, allows or proposes to engage in an earth change to occur in Bay County shall obtain a permit application from the county enforcing agency prior to commencement of an earth change regulated by this Ordinance. ... Any person, firm or corporation who violates the provisions of Article IV of this Ordinance is guilty of a misdemeanor and upon conviction thereof shall pay a fine of not more than Five Hundred Dollars ($500.00), be imprisoned in the County Jail for a period not to exceed ninety (90) days, or both such fine and imprisonment plus costs of prosecution.
Full Breakdown
Bay County's Soil Erosion and Sediment Control Ordinance, Part 63 of the compiled ordinances (Ord. No. 401. 404 lists the activities that need a permit, including subdivision or site development, preparation of a site for a single family residence or an addition exceeding 400 square feet, in-ground swimming pools over 20,000 gallons, nonresidential buildings or workshops larger than 600 square feet, and industrial, commercial, recreational and utility development. 404(9) if the work is more than 500 feet from a lake, stream or county drain and disturbs one acre or less.
The county enforcing agency must act on a completed application within 30 calendar days. 800 requires the applicant to post a certified check, surety bond or other instrument up to $500 per acre to guarantee the erosion control work is completed, forfeited to the county if the work is not finished. 401.
Violations & Fines
Beginning a covered earth change without a permit, or violating Article IV's permit provisions, is a misdemeanor under Section 63.702: a fine up to $500.00, up to 90 days in the county jail, or both, plus prosecution costs. The county enforcing agency can also issue a cease and desist order or revoke a permit, and a landowner who starts work before applying is charged double the normal permit fee.
Frequently Asked Questions
When does a home project need a soil erosion permit in Bay County?
Is there a faster permit path for a single family home?
What happens if I start grading before getting a permit?
Sources & Official References
Other rules in Bay County
Compare Bay County to another location·View the Michigan environmental rules overview
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