Floodplains and Plat Review

The Land and Water Management Division (LWMD), within the Michigan Department of Environmental Quality (MDEQ), has responsibility for reviewing plats proposed to abut waters of the state or floodplains under the provisions of the Land Division Act, 1967 PA 288, as amended. The purpose of this review is to assure that residential structures proposed in new subdivisions located in flood prone areas are reasonably safe from flooding.

A. NAME OF PERMIT OR APPROVAL:

Preliminary plat approval

B. STATUTORY AUTHORITY:

Land Division Act,Public Act 288 of 1967, as amended

C. APPLICABLE REGULATION:

Michigan Administrative Code, Rules Administered by MDEQ, LWMD

Part 3, Subdivision of Land (R 560.301 - 560.304)

D. SUMMARY OF PERMIT/APPROVAL PROCESS:

 1.  Applicability (activities that require the permit)

Any proposed subdivision that will abut a lake or stream or that will lie wholly or in part within a floodplain.

 2.  Pre-Application Requirements

The proprietor of a proposed subdivision shall submit a preliminary plat to the MDEQ if the proposed subdivision will abut a lake or stream or will lie wholly or in part within a floodplain. The MDEQ shall approve or reject the submittal or shall provide information as may be helpful to plan the development and secure approval of the final plat. Approvals are issued for a two-year period and may be renewed, if appropriate.

 3.  Application Submission Requirements

• Three copies of the preliminary plat including appropriate fee.

• Topographical maps, stream valley cross-sections, a hydraulic engineering report, hydraulic review fee, and other materials may be requested for review.

• Activities which require a permit under Part 301 ( Inland Lakes and Streams), Part 31 (Floodplains), or Part 303 (Wetlands Protection) of the NREPA require separate permits.

 4.  Procedures and Time-Frame for Obtaining Permit or Approval

• Applicant submits preliminary plat to LWMD.

• Within 30 days of receipt of an administratively complete package, MDEQ shall provide the proprietor with its decision.

 5.  Operational Requirements

• Before a final plat is approved, the proprietor must comply with all applicable rules and regulations and stipulations set forth in the approval letter.

• Site inspections may be made.

 6.  Fees

$500 plus a $1,500 hydraulic review fee, when applicable

 7.  Appeal Process

Applicants may appeal denials by filing for a contested case hearing in accordance with the provisions of the Administrative Procedures Act, Public Act 306 of 1969.

 8.  Public Input Opportunities

The decision maker in this program is the Chief of the Floodplain and Subdivision Unit in LWMD. However, for substantial or relevant unresolved issues the deputy director or the division chief will issue the permit. The Land Division Act is administered primarily by the local units of government with overall program coordination provided by the Michigan Department of Licensing and Regulatory Affairs. Once the floodplain decision on a preliminary plat has been made by DEQ, the municipal governing body considers the preliminary for approval at their next regular meeting. The best opportunity for public input is at that meeting.

E. MICHIGAN BUSINESS ONE STOP:

The Michigan Business One Stop (One Stop) www.michigan.gov/businessis a tool designed to allow businesses to interact with the State of Michigan. The tool offers:

• a set of screening questions based upon your business sector to identify permits, licenses and registrations that may be required to do business in Michigan.
• an option to pay fees online. For many programs, you can pay your business license fee in One Stop through use of an online form and shopping cart.
• many online permit applications and renewals. When starting a new business and registering in One Stop, you will need to identify a business sector (also known as a NAICS Code). You can find your code at www.naics.com, select "Code Search."  After entering this code in One Stop and answering some screening questions, links to relevant permit applications will automatically be available in your newly created workspace. One benefit of accessing applications through One Stop is that you will receive status messages throughout the application process.

Using the One Stop provides many benefits to businesses in Michigan. By conducting your business through One Stop you can organize your State of Michigan transactions in one place. If you ever need assistance with One Stop, then you can contact the Customer Assistance Center at 877-766-1779; they are open from 7 am to 6 pm. One Stop is a valuable tool that offers many benefits to business. We hope you give it a try.

F. ADMINISTERING AGENCY:

Land and Water Management Division, Floodplain and Subdivision Program, Michigan Department of Environmental Quality, P.O. Box 30458, Lansing, Michigan 48909-7958

• Program Phone: 517-335-3195

• Program Webpage: www.michigan.gov/deq/0,1607,7-135-3313_3684_3727---,00.html

• Environmental Assistance Center: 1-800-662-9278, mailto:deq-ead-env-assist@michigan.gov

Creation/Revision Date:

October 2010