Kent County, MI Environmental Rules: Erosion Control (2026)
Key Facts
- Permit trigger 1
- 1+ acre earth change disturbance
- Permit trigger 2
- Within 500 feet of lake/stream edge
- Application review time
- 30 days after complete filing
- Enforcing agency
- Kent County Road Commission
- Permit lapses
- If construction unstarted after 6 months
- Base civil fine
- $250 to $2,500 per infraction
- Continuing-violation fine
- $2,500 to $25,000 per day
Summary
Kent County requires a Soil Erosion and Sedimentation Control (SESC) permit before any earth change that disturbs one acre or more, or that falls within 500 feet of a lake or stream's edge. The Kent County Road Commission, acting as County Enforcing Agency, must decide applications within 30 days and can fine violators up to $25,000 per day for continued noncompliance.
5.3.1. Permits Required: A landowner or designated agent who contracts for, allows, or engages in, an earth change within the jurisdiction of the County Enforcing Agency shall obtain a SESC Permit from the County Enforcing Agency before commencing an earth change which disturbs 1 or more acres of land or which is within 500 feet of the water's edge of a lake or stream defined under 4.1.16, unless exempted in 5.3.2. An earth change activity that does not require a permit under 5.3.2 of this Ordinance is not exempt from enforcement procedures under part 91 or this Ordinance, if the activity exempted by 5.3.2 of this Ordinance causes or results in a violation of part 91 or this Ordinance.
Full Breakdown
The Kent County Soil Erosion and Sedimentation Control Ordinance, adopted under Part 91 of Michigan's Natural Resources and Environmental Protection Act (MCL 324.9101-324.9123a), governs any 'earth change' countywide wherever no separate municipal SESC program is in effect. Article 5, Section 5.3.1 requires a landowner or designated agent to obtain a SESC Permit before commencing an earth change that disturbs one acre or more of land, or that falls within 500 feet of the water's edge of a lake or stream, unless the activity is exempted under Section 5.3.2, which cross-references sections 9115 and 9115a of Part 91 and Rule 323.1705.
Article 3.1 designates the Kent County Road Commission as the County Enforcing Agency, which must approve or deny a complete application within 30 days of filing and payment of fees under Section 5.1. Section 5.2 requires the applicant's plan to include a site map at a scale no coarser than 200 feet to the inch, a soils survey, drainage and dewatering facility details, and a maintenance program for permanent control measures that survives any later sale of the land. A permit automatically terminates under Section 5.3.3.2 if construction has not begun within six months of issuance, forcing a new application and fee before work can start.
Commercial SESC permits require financial surety, returned once the Enforcing Agency issues a Notice of Completion. Road Commission SESC Enforcing Agents, Weighmaster Officers, and Kent County Sheriff's deputies are all authorized under Section 6.2.2 to issue notices of violation, stop-work orders, and civil infraction citations.
Violations & Fines
Violating the ordinance or a related stop-work order is a municipal civil infraction under Section 6.3.1, carrying a fine of $250 to $2,500 plus enforcement costs and attorney fees per infraction, with each day of violation counted separately. Knowingly filing a false statement in an application or SESC plan draws a civil fine of up to $10,000 per day under Section 6.3.2. Continuing to violate after receiving a Notice of Violation raises the fine to $2,500-$25,000 per day under Section 6.3.3, and the County may also seek an injunction or sue for resource damages under Section 6.3.5.
Frequently Asked Questions
Do I need a permit before grading land in unincorporated Kent County?
How long does the county have to decide on my SESC permit application?
What happens if I get a permit but don't start construction right away?
What fines can I face for skipping the SESC permit?
Sources & Official References
Other rules in Kent County
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