Michigan FEMA Flood Zone Rules (2026)

Key Facts

Statute: MCL 324.3104
Drainage threshold: 2 square miles
Reference flood: 100-year event
NFIP coordination: FEMA minimum standards

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?

Yes. Adding fill, structures, or impoundments within the regulatory floodplain requires an EGLE Part 31 permit regardless of project size or local zoning.

What happens if I build without a floodplain permit?

EGLE can order removal of the structure, impose daily fines under MCL 324.3115, and refer willful violations for misdemeanor prosecution under Part 31.

Michigan Floodplain Regulatory Authority Under Part 31

Key Facts

Full Breakdown

Violations & Penalties

Frequently Asked Questions

Sources

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