State Regulations

In 1979, the Michigan legislature passed the Geomare-Anderson Wetlands Protection Act, 1979 PA 203, which is now Part 303, Wetlands Protection, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended. The Department of Environmental Quality (DEQ) has adopted administrative rules which provide clarification and guidance on interpreting Part 303. Some wetlands in coastal areas are given further protection under Part 323, Shorelands Protection and Management, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended.

In accordance with Part 303, wetlands are regulated if they are any of the following:

• Connected to one of the Great Lakes or Lake St. Clair.
•   Located within 1,000 feet of one of the Great Lakes or Lake St. Clair.
• Connected to an inland lake, pond, river, or stream.
• Located within 500 feet of an inland lake, pond, river or stream.
• Not connected to one of the Great Lakes or Lake St. Clair, or an inland lake, pond, stream, or river, but are more than 5 acres in size.
• Not connected to one of the Great Lakes or Lake St. Clair, or an inland lake, pond, stream, or river, and less than 5 acres in size, but the DEQ has determined that these wetlands are essential to the preservation of the state's natural resources and has notified the property owner.

The law requires that persons planning to conduct certain activities in regulated wetlands apply for and receive a permit from the state before beginning the activity. A permit is required from the state for the following:

• Deposit or permit the placing of fill material in a wetland.
• Dredge, remove, or permit the removal of soil or minerals from a wetland.
• Construct, operate, or maintain any use or development in a wetland.
• Drain surface water from a wetland.

The DEQ must determine the following before a permit can be issued:

• The permit would be in the public interest.
• The permit would be otherwise lawful.
• The permit is necessary to realize the benefits from the activity.
• No unacceptable disruption to aquatic resources would occur.
• The proposed activity is wetland dependent or
  no feasible and prudent alternatives exist.

For more information on permit application review and the criteria for determining public interest, please refer to Section 30311 of Part 303.

Part 303, Wetlands Protection, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended

Part 303, Wetlands Protection, Rules

Wetland Mitigation Watersheds Figure

Part 303, Wetlands Protection, General Permit Categories

Part 323, Shorelands Protection and Management, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended

Great Lakes Shorelands Management Program

Federal Regulations

In 1984, Michigan received authorization from the federal government to administer Section 404 of the federal Clean Water Act in most areas of the state. A state administered 404 program must be consistent with the requirements of the federal Clean Water Act and associated regulations set forth in the Section 404(b)(1) guidelines. Whereas in other states, where an applicant must apply to the U.S. Corps of Engineers and a state agency for wetland permits, applicants in Michigan generally submit only one wetland permit application to the DEQ.

State and federal authorities overlap in coastal and certain other waters according to Section 10 of the federal Rivers and Harbors Act. Activities in these waters require a joint permit application which minimizes time and effort for applicants. In accordance with the Clean Water Act, Section 404(g), the U.S. Army Corps of Engineers retains federal jurisdiction over traditionally navigable waters including the Great Lakes, connecting channels, other waters connected to the Great Lakes where navigational conditions are maintained, and wetlands directly adjacent to these waters.

More on Michigan's Administration of Section 404

Section 404 of the Clean Water Act

Section 404(b)(1) Guidelines

Executive Order 11990

Local Regulations

In accordance with Part 303, a local unit of government can regulate wetlands by ordinance, in addition to state regulation, if certain criteria are met. These criteria include:

• A wetland ordinance cannot require a permit for activities exempted from regulation under Part 303.
• A wetland ordinance must use the same wetland definition as in Part 303.
• Local units of government must publish a wetland inventory before adopting a wetland ordinance.
• Local units of government that adopt wetland ordinances must notify the DEQ.

Wetlands less than 5 acres can be regulated by local governments. If a local government wishes to regulate a wetland less than 2 acres in size, the local government must grant a permit unless it is determined that the wetland is essential to the preservation of the community's natural resources.

In areas where a local wetland permit is required, a permit must also be received from the State of Michigan before beginning the activity. For more information on the requirements for local wetland regulations, please refer to Sections 30307, 30308, 30309, 30310, and 30317 of Part 303.

Part 303, Wetlands Protection, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended

Local Governments which have notified DEQ of their wetland ordinance

Preserving Michigan's Wetlands: Options for Local Governments: Local governments frequently struggle with growth issues and subsequent loss of open space and wetlands. The purpose of this guidebook is to aid local officials in understanding the benefits wetlands provide communities and offer effective tools to promote wetland stewardship.

Filling the Gaps: Environmental Protection Options for Local Governments