The Michigan Department of Environmental Quality issues permits for activities that impact land and water features. Applications in US Section 10 Waters are forwarded to the United States Army Corp of Engineers (USACE) for additional permitting.

A. NAME OF PERMIT OR APPROVAL:

The Joint Permit Application process provides coverage for the following permit programs:

• Sand (Critical) Dunes Protection and Management Permit (Part 353 of NREPA)

• Dam Safety (repairs/construction) Permit (Part 315 of NREPA)

• Floodplain Permit (Part 31 of NREPA)

• Great Lakes Submerged Lands Permit (Part 325 of NREPA)

• Inland Lakes and Streams Permit (Part 301 of NREPA)

• Shorelands Protection and Management Permit-- High Risk Erosion (Part 323 of NREPA)

• Wetlands Protection Permits (Part 303 of NREPA)

In addition, a separate permit application is available for projects that meet the general permit category for Limited Great Lakes Shoreline Management Activities (Parts 301 and 303 of NREPA).

B. STATUTORY AUTHORITY:

State

Public Act 451 of 1994, Natural Resources Environmental Protection Act (NREPA), as amended.

Each permit program identified above is fully summarized per each heading within this summary, including statutory authority.

Federal

Section 10 of the Rivers and Harbors Act of 1899 prohibits the obstruction or alteration of navigable waters of the United States without a permit from the USACE.

Section 404 of the Clean Water Act prohibits the discharge of dredged or fill material into all waters of the United States, including wetlands, both adjacent and isolated, without a permit. The state of Michigan has assumed from the U.S. Environmental Protection Agency (USEPA), the authority to regulate the placement of fill material in waterways and wetlands under provisions of Section 404 g (1) of the Clean Water Act of 1977 (33 U.S.C. 1251 et seq.). However, since Section 10 of the Rivers and Harbors Act does not provide for similar transfer to states, the USACE retains Section 404 jurisdiction within those waters that are navigable waters of the U.S. and their adjacent wetlands. The discharge of any fill materials must comply with state water quality standards consistent with Sections 301, 307, and 401 of the Clean Water Act.

C. APPLICABLE REGULATION:

Michigan Administrative Code, Rules Administered by MDEQ, LWMD

In addition, each permit program identified above is fully summarized per each heading within this summary, including applicable regulation.

D. MICHIGAN BUSINESS ONE STOP:

The Michigan Business One Stop (One Stop) www.michigan.gov/business is 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.

E. SUMMARY OF PERMIT/APPROVAL PROCESS:

1. Applicability (activities that require the permit)

The MDEQ/USACE Joint Permit Application (JPA) package covers permit requirements pursuant to state and federal rules and regulations for construction activities where the land meets the water and including wetlands, often referred to as the land/water interface. It is intended to prevent duplication of state and federal regulations. The application covers activities on or for: Wetlands, Inland Lakes and Streams, Floodplains, Great Lakes Bottom Lands, Marinas, Critical Dunes, Dams, and High Risk Erosion Areas.

See also the applicability decision tree.

2. Pre-Application Requirements

Optional pre-application meetings are available for a fee. Learn more on the preapplication meeting website.

Contractors are also available to assist with wetland determinations, see the Wetland Identification Program webpage.

For guidance related to simple projects, EZ Guides are available.

3. Application Submission Requirements

The application is titled Joint Permit Application (EQP 2731) and a fee is required with submission. Submission requirements and guidance documents can be found online at www.michigan.gov/jointpermit.

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

Permit processing can take anywhere between 2 and 4 months. A permit processing flowchart is available.

5. Operational Requirements

Applicants must comply with all applicable statutes, rules, permit conditions, and stipulations set forth in the application.

6. Fees

Fees are listed in Appendix C of 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 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, available for some permits applications. 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.

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/jointpermit

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

Creation/Revision Date:

December 2010