Great Lakes Submerged Lands Permit (Part 325)

The Land and Water Management Division (LWMD), within the Michigan Department of Environmental Quality(MDEQ), has responsibility for issuing Great Lakes bottomlands permits under the authority of Part 325, Great Lakes Submerged Lands (formerly Public Act 247 of 1955, as amended), of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (NREPA). The purpose of this permit is to protect the waters of the Great Lakes and the Great Lakes bottomlands (the land lying below the ordinary high water mark (OHWM)).

A. NAME OF PERMIT OR APPROVAL:

Great Lakes Bottomlands Permit

B. STATUTORY AUTHORITY:

Part 325, Great Lakes Submerged Lands,Natural Resources and Environmental Protection Act, Public Act 451 of 1994

C. APPLICABLE REGULATION:

Michigan Administrative Code, Rules Administered by MDEQ, LWMD

Great Lakes Submerged Lands (R 322.1001 - 322.1018)

D. SUMMARY OF PERMIT/APPROVAL PROCESS:

 1.  Applicability (activities that require the permit)

• Any dredging, filling, modifying, constructing, enlarging, or extending of structures in Great Lakes waters or below the OHWM of the Great Lakes; or connecting any natural or artificial waterway, canal, or ditch with any Great Lake including Lake St. Clair; or constructing a marina requires a Great Lakes Bottomlands Permit. Applicants may be required to secure leases or conveyancesfrom the State of Michigan to place structures on bottomlands.

A General Permit for Shoreline Management activities is available for some activities. See the program description.

 2.  Pre-Application Requirements

Permit applications are reviewed jointly by the LWMD and the USACE (the USACE may also require a permit). Currently, Great Lakes Bottomlands permits are valid for up to five years.

 3.  Application Submission Requirements

• Joint permit applicationsubmitted to the LWMD.

• Application fee

• Only riparian land owners or authorized agents may file an application for a permit

• Application must also contain detailed drawings showing plan and cross-section views and be accompanied by the proper application fee

• Applicant may be required to submit other information depending on complexity of project

• Activities which require a permit under Part 301, Inland Lakes and Streams; Part 31, Floodplains; or Part 303, Wetlands Protection, of the NREPA do not require separate permits

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

• Applicant submits Great Lakes Bottomlands permit application (EQP 2731) and fee to the LWMD

• Application reviewed by the LWMD

• Final decision by the LWMD

• Permit processing can take anywhere between 2 and 4 months. A permit processing flowchartis available

 5.  Operational Requirements

Applicant must comply with all applicable rules and regulations and any stipulations set forth in the permit or Letter of Approval

 6.  Fees

• $50 - $2,000

• 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. In rare instances an MDEQ Deputy director or the LWMD 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.

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

• Program Webpage: www.michigan.gov/deq/0,1607,7-135-3313_3677_3702---,00.html

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

Creation/Revision Date:

October 2010