DEQ - Wetland Permits

Michigan Department of Environmental Quality

Michigan.gov, Official Web Site for the State of Michigan


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Wetland Permits

Contact: Permit Consolidation Unit 517-373-9244

According to Part 303, Wetlands Protection, of the Natural Resources and Environmental Protection Act, 1994 PA 451,as amended, a person may not do any of the following activities in a wetland without a permit from the DEQ:

Activity	Example (Partial List Only)
Deposit or permit the placing of fill material	Bulldozing, Grading, Dumping
Dredge, remove, or permit the removal of soil or minerals	Removing tree stumps, Bulldozing, Digging a pond
Construct, operate, or maintain any use or development	Construction of buildings or structures, Boardwalks, Peat mining, Water treatment
Drain surface water	Diverting water to another area via ditch, pump or drain

Decisions on wetland permit applications are based on the DEQ's review of the proposed project in light of the criteria in Part 303 and associated administrative rules. In general, the applicant must show avoidance of wetland resources to the greatest extent possible and minimization of unavoidable wetland impacts. The DEQ also considers any public comments that have been received prior to making a permit decision.

The DEQ may approve a permit application, request modification to an application, or deny an application. Decisions on permit applications can be appealed by contacting the Office of Administrative Hearings in writing within 60 days of the permit decision and requesting a formal hearing.

A joint state and federal permit process has been established between the DEQ and the U.S. Army Corps of Engineers (USACE) for proposed projects in areas which have both state and federal jurisdiction. The LWMD will determine whether a permit application requires joint state and federal review, and when appropriate, will forward these permit applications to the USACE Detroit office for federal permitting review.

DEQ/USACE Joint Permit Application

Part 303 authorizes the DEQ to define types of activities that would be expected to have only a minor impact on wetlands and that can, therefore, be reviewed through an expedited permit application process. Activities that are authorized under a General Permit or Minor Project Category do not require an individual public notice, are often subject to lower application fees, and are generally not subject to mitigation requirements. A person seeking authorization under a General Permit or Minor Project Category must submit a permit application using the DEQ/USACE Joint Permit Application Form.

General Permit Categories

Minor Project Categories

General Permit Category for Limited Great Lakes Shoreline Management Activities