Any earth change of 1 acre or more, or any earth change within 500 feet of a lake, stream, wetland, or county drain in Oakland County, requires a Soil Erosion and Sedimentation Control (SESC) permit from the Oakland County Water Resources Commissioner. The program is administered under Part 91 of Michigan's Natural Resources and Environmental Protection Act (NREPA), Act 451 of 1994 (MCL 324.9101 et seq.).
Part 91 defines 'earth change' as 'a human-made change in the natural cover or topography of land, including cut and fill activities, which may result in or contribute to soil erosion or sedimentation of the waters of the state' (MCL 324.9101). Plowing or tilling for crops is excluded. Before earth-moving begins, the applicant submits a SESC plan that identifies sediment traps, sediment basins, silt fencing, stone filters at storm inlets, stabilized construction entrances, and a schedule for permanent vegetative cover. The WRC charges a $75 application review fee; the inspection-based permit fee is calculated by the inspector and is due when the permit is picked up. Sites that remain disturbed past the permit expiration are billed renewal fees in 3-month increments until permanent vegetation is established. A $75 re-inspection fee is assessed if violations are not corrected within the 5-day correction window. Oakland County is an authorized Part 91 Permitting Agency under MCL 324.9105 and may delegate enforcement to municipalities that have adopted equivalent local SESC ordinances.
Under MCL 324.9119, a person who violates Part 91 is responsible for a state civil infraction with a civil fine of up to $2,500 per day plus costs, and for willful or reckless violations, criminal misdemeanor charges up to $25,000 per day. The WRC may issue cease and desist orders and require full site restoration.
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Oakland County, MI
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See how Oakland County's erosion control rules stack up against other locations.
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