Soil Erosion and Sedimentation Control Program (SESC)Contact: Cheryl Petroski 586-753-3718
Part 91, Soil Erosion and Sedimentation Control, of the Natural Resources and Environmental Protection Act (NREPA) (Part 91) provides for the control of soil erosion and protects adjacent properties and the waters of the state from sedimentation.
A permit is generally required for any earth change activity which disturbs one or more acres of land or which is within 500 feet of a lake or stream.
Part 91 is administered and enforced by various state, county, and local governmental agencies. There are four categories of agencies recognized under Part 91:
1. Counties are mandated by statute to administer and enforce Part 91. The board of commissioners for each county must appoint an agency within the county, referred to as the County Enforcing Agency (CEA), to review soil erosion and sedimentation control plans, issue permits, and take enforcement actions when necessary to ensure compliance with Part 91.
2. Municipal Enforcing Agencies (MEAs) are cities, villages, charter townships, and some general law townships that have elected to enforce Part 91 through adoption of a soil erosion and sedimentation control ordinance. After approval of the ordinance by the Michigan Department of Environmental Quality (DEQ), the MEAs assume responsibility for administering and enforcing Part 91 within their jurisdictions, independent of the CEAs.
3. Authorized Public Agencies (APAs) are state, county, or municipal agencies, such as the Michigan Department of Transportation, county road commissions, and city street departments, that have been designated by the DEQ to undertake earth change activities without having to obtain soil erosion and sedimentation control permits from the county or municipal enforcing agencies. Designation is dependent upon having acceptable procedures for controlling erosion and off-site sedimentation.
4. The DEQ, Water Resource Division (WRD) has oversight responsibility over the statewide SESC Program and all Part 91 agencies.