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The Land and Water Management Division (LWMD), within the Michigan Department of Environmental Quality (MDEQ), has responsibility for reviewing permit applications to occupy, fill, or grade lands in a floodplain under the provisions of Part 31, Water Resources Protection, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (NREPA). The purpose of this permit is to assure that channels and floodways are not inhabited and that the capacity of the floodway is not unduly restricted.
A. NAME OF PERMIT OR APPROVAL:
Floodplain Permit
B. STATUTORY AUTHORITY:
Part 31, Water Resources Protection, Natural Resources Environmental Protection Act, Public Act 451 of 1994, as amended (formerly Public Act 245 of 1929, as amended)
- No title specified in the Act, commonly referred to as the "Floodplain Regulatory Authority"
C. APPLICABLE REGULATION:
Floodways and Floodplains R 323.1311 - 323.1329
D. SUMMARY OF PERMIT/APPROVAL PROCESS:
1. Applicability (activities that require the permit)
Any occupation, construction, filling, or grade change within the floodplain of a river, stream, or drain, including bridge and culvert construction
2. Pre-Application Requirements
- No work within the floodplain may begin until the permit is issued
- Currently, Floodplain permits are valid for up to five years
3. Application Submission Requirements
- Completed application including appropriate fee
- Site development plans
- Topographical maps, stream valley cross-sections, a hydraulic engineering report, 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) do not require separate permits
4. Procedures and Time-Frame for Obtaining Permit or Approval
- Applicant submits application (EQP 2731) to LWMD
- Notice is sent for comment to the community in which the proposed project is located
- Community is given 15 days in which to comment on or object to the issuance of the permit
- All other required MDEQ permits for the project must be issuable before a permit is issued covering all statutes
- Total estimated processing time varies with the difficulty of assessing the impact of the project on the floodplain (goal of 90 days)
5. Operational Requirements
- Applicant must comply with all applicable rules and regulations and stipulations set forth in the permit
- Site inspections may be made
6. Fees
- $100 to $500 plus $1,500 hydraulic review fee, where applicable
- Fees are listed in Appendix Cof the Joint Permit Application
7. Appeal Process
If an application is denied for a proposed activity, the landowner may appeal the decision to the MDEQ Director requesting a contested case hearing pursuant to the State Administrative Procedures Act, Public Act 306 of 1969, as amended (a decision from this process can be appealed to the courts).
Information regarding contested case hearings can be obtained from the Office of Administrative Hearings Website.
8. Public Input Opportunities
The decision makers in this program are district staff. However, for substantial or relevant unresolved issues the deputy director or the division chief will issue the permit. The LWMD has many mechanisms for public notice of pending permit decisions. A record of applications received is available on an online searchable system called CIWPIS. This online system allows queries related to public hearings, public notices, year, county, township, range, section, water body, file number or applicant name. The LWMD district contact can be found through CIWPIS. The best opportunity for public input is during the 20 day public review and comment period. If the proposed project impacts regulated wetlands under the jurisdiction of Part 303 then the local units of government (village, city, township or county) have 45 days to submit comment. If a hearing is requested, then all previously notified groups and individuals are notified by mail at least 10 days prior to the hearing. Projects that meet the minor category for Floodplains are not required to go through a public notice process.
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, Permit Consolidation Unit, Michigan Department of Environmental Quality, P.O. Box 30204, Lansing, Michigan 48909-7704
- Program Phone: 517-373-9244
Creation/Revision Date:
October 2010
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