Sand (Critical) Dunes Protection and Management Permit (Part 353)

The Land and Water Management Division (LWMD), within the Michigan Department of Environmental Quality (MDEQ), is responsible for regulating all construction activities, silvicultural activities, and contour changes within critical dune areas designated under Part 353, Sand Dunes Protection and Management, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (NREPA). This law was enacted to ensure that impact to sensitive dune resources are minimized by establishing a set of standards that must be met for all development and use.

A. NAME OF PERMIT OR APPROVAL:

Critical Dune Area Permit

B. STATUTORY AUTHORITY:

Part 353, Sand Dunes Protection and Management,of the Natural Resources and Environmental Protection Act, Public Act 451 of 1994, as amended

C. APPLICABLE REGULATION:

Sand Dunes Protection and Management

D. SUMMARY OF PERMIT/APPROVAL PROCESS:

 1.  Applicability (activities that require the permit)

Any developmental, silvicultural, or recreational activity done or caused to be done by a person that significantly alters the physical characteristic of a critical dune area or a contour change done or caused to be done by a person, but does not include sand mining as defined in Part 673.

 2.  Pre-Application Requirements

Permits are processed jointly for proposals where critical dune areas regulated under Part 353 overlap with high risk erosion areas regulated under Part 323 of the Natural Resources and Environmental Protection Act, 1994 PA 451.

 3.  Application Submission Requirements

• Joint permit application submitted to LWMD with detailed directions to site, required drawings, authorizations, and fee

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

• Pertinent questions in Section 20 must be completed, including the date the project is staked

• Application must also contain detailed drawings showing plan and cross-section views, as shown in Sample Drawing 20 in Appendix

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

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

• Applicant submits application (EQP 2731) to LWMD

• Application reviewed by LWMD

• Final decision by LWMD. Total estimated processing time: 60 days

• Critical dune area permits are valid for two years with no possible extensions

• A permit processing flowchartis available

 5.  Operational Requirements

Applicant must comply with all applicable regulations and any stipulations set forth in the permit.

 6.  Fees

• $150 - $4000
• 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 only impact critical dunes or high risk erosion areas 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 30458, Lansing, Michigan 48909-7958

• Program Phone: 517-373-9244

• Program Webpage: www.michigan.gov/deq/0,1607,7-135-3311_4114_4236---,00.html

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

 

Creation/Revision Date:

October 2010