Michigan Statewide Rule
Michigan Soil Erosion And Sedimentation Control Act
Key Facts
- Statute
- Part 91, NREPA
- Acre trigger
- 1 acre or more
- Waterway buffer
- Within 500 feet
- Fine ceiling
- $2,500 per day
Summary
Michigan's Part 91 of NREPA imposes uniform statewide soil erosion permits for earth changes near water or disturbing one acre or more.
(1) A person shall not maintain or undertake an earth change governed by this part, the rules promulgated under this part, or an applicable local ordinance, except in accordance with this part and the rules promulgated under this part or with the applicable local ordinance, and except as authorized by a permit issued by the appropriate county enforcing agency or municipal enforcing agency pursuant to part 13.
Full Breakdown
Under MCL 324.9101 et seq., any earth change disturbing one or more acres or occurring within 500 feet of a lake or stream requires a soil-erosion permit issued by the local enforcing agency under state delegation. EGLE oversees county and municipal enforcement programs, sets minimum BMP standards, and can revoke local authority for non-performance. Permits must be obtained before earth-moving activity begins.
Violations & Penalties
Violations are civil infractions with fines up to $2,500 per day; willful violations may be misdemeanors.
Frequently Asked Questions
Does Part 91 apply to single-family home construction?
Who issues the soil erosion permit?
Sources
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