Michigan Statewide Rule
Michigan Floodplain Regulatory Authority Under Part 31
Key Facts
- Statute
- MCL 324.3104
- Drainage threshold
- 2 square miles
- Reference flood
- 100-year event
- NFIP coordination
- FEMA minimum standards
Summary
Michigan requires EGLE permits for occupation, filling, or construction within the 100-year floodplain of any river or stream statewide.
(1) A person shall not occupy or permit the occupation of land for residential, commercial, or industrial purposes or fill or grade or permit the filling or grading for a purpose other than agricultural of land in a floodplain, stream bed, or channel of a stream, as ascertained and determined for the record by the department, or undertake or engage in an activity on or with respect to land that is determined by the department to interfere harmfully with the discharge or stage characteristics of a stream, unless the occupation, filling, grading, or other activity is permitted under this part.
Full Breakdown
Under MCL 324.3104 and 324.3108, EGLE administers floodplain regulations that prohibit unpermitted occupation or alteration of the 100-year floodplain of streams draining two square miles or more. Permits require demonstration that the project will not raise the regulatory flood elevation or cause harmful interference. Communities participating in the National Flood Insurance Program must also adopt local ordinances meeting FEMA minimums; state rules take precedence where stricter.
Violations & Penalties
Civil fines up to $10,000 per day plus mandatory restoration of altered floodplain.
Frequently Asked Questions
Do I need a permit to put fill in my floodplain backyard?
What happens if I build without a floodplain permit?
Sources
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