Michigan Statewide Rule
Michigan Shorelands Protection And High-Risk Erosion Areas
Key Facts
- Statute
- Part 323, NREPA
- Setback basis
- 30 or 60-year recession
- Permit issuer
- EGLE
- Designated zones
- HRA, flood, environmental
Summary
Michigan's Part 323 NREPA preempts local coastal rules in designated high-risk erosion, flood-risk, and environmental areas along the Great Lakes.
324.32312 Rules; fee required with permit application or project; disposition of fees; violation; restraining order. Sec. 32312. (1) To regulate the uses and development of high-risk areas, flood risk areas, and environmental areas and to implement the purposes of this part, the department shall promulgate rules in accordance with the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. If permits are required under rules promulgated under this part, the permits must be issued in accordance with the rules and part 13. Except as provided under subsection (2), until October 1, 2029, if permits are required under the rules promulgated under this part, an application for a permit must be accompanied by a fee as follows: (a) For a commercial or multifamily residential project, $500.00. (b) For a single-family home construction, $100.00. (c) For an addition to an existing single-family home or for a project that has a minor impact on fish and wildlife resources in environmental areas as determined by the department, $50.00. (2) A project that requires review and approval under this part and under 1 or more of the following is subject to only the single highest permit fee required under this part or the following: (a) Part 301. (b) Part 303. (c) Part 325. (d) Section 3104. (e) Section 117 of the land division act, 1967 PA 288, MCL 560.117.
Full Breakdown
MCL 324.32301 through 324.32315 authorize EGLE to designate high-risk erosion areas (HRAs), flood-risk areas, and environmental areas along the Great Lakes shoreline. Within HRAs, a state setback permit is required for any permanent structure based on the average annual recession rate. Local ordinances must conform to or be more restrictive than state setbacks; less restrictive rules are preempted.
Violations & Penalties
Building without a state setback permit can result in removal orders and civil fines up to $10,000 per violation.
Frequently Asked Questions
How do I know if my property is in a high-risk erosion area?
Can I add a deck without a state permit?
Sources
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