Michigan's sand dunes are a unique natural resource of global significance. Collectively, they represent the largest assemblage of fresh water dunes in the world and support numerous threatened and endangered species. Michigan's dunes are home to five federally listed threatened and endangered species. The combination of topographic relief, vegetation and climatic conditions are a phenomena unique to the State of Michigan. The dunes support a wide diversity of habitats - from cool forests of maple and hemlock, to the harsh environment of the open dunes, to quiet interdunal ponds teeming with life.

Concern for the impacts of sand mining on the dunes led to the passage of the Sand Dune Protection and Management Act in 1976. This statute regulated the sand mining industry in Michigan's designated sand dune areas, by requiring plans for sand removal and restabilization after the mining operation was complete. Several years after the act passed, it became apparent that other development pressures threatened the future of Michigan's dunes. As the dunes became increasingly popular sites for recreation, home building and condominium development, the potential for widespread damage and destruction of these fragile natural resources was realized.

To address these concerns, the sand dune act was amended in 1989 to regulate developmental, silvicultural and recreational activities. The act requires a permit for any of these activities, including contour changes, in areas identified as critical dunes. (All state environmental regulations were consolidated under one statute in 1994; the sand dune regulations are found under Part 353, Sand Dune Protection and Management, of the Natural Resources and Environmental Protection Act, 1994 PA 451 as amended.) Critical dune areas represent the highest and most spectacular dunes extending along much of Lake Michigan's shoreline and the shores of Lake Superior, totaling about 80,000 acres in size. Uses are prohibited on slopes measuring greater than 33 percent without a variance, and structures are prohibited on the first lakeward facing slope of a critical dune area. Environmental impact assessments are required for special use projects (subdivisions, site condominiums, etc.).

Local units of government have the opportunity to assume permitting authority under the act by adopting or amending a zoning ordinance. The local ordinance must provide the same or a greater level of protection for critical dune areas as the state regulations, and must be approved by the Department of Environmental Quality (DEQ). Presently, Emmet County, St. James Township, Peaine Township, Benona Township, the City of Bridgman and Pere Marquette Township have approved ordinances and are responsible for permit issuance under the act. The DEQ retains final review authority for special use projects.

For those jurisdictions that have local permitting authority, application for uses in critical dune areas is made with the local unit. In all other areas, permit applications are submitted to the DEQ in Lansing. Once a permit application is filed, field staff conducts an on-site inspection of the proposed use. If the proposal does not meet the standards in the act, staff will work with the applicant to determine if there are alternatives on the site which would enable development of the property while meeting the standards in the act. Variance requests are considered by a panel of staff reviewers in Lansing.

The act has been successful in protecting the most fragile areas of Michigan's dunes through protecting steep, erosive slopes, using alternative construction techniques to reduce the impacts of development on dunes and protecting dune vegetation, which is essential to dune preservation and stability.