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

The Land and Water Management Division (LWMD), within the Michigan Department Department of Environmental Quality (MDEQ), has responsibility to review projects to construct permanent structures and additions in designated high risk erosion areas, designated flood risk areas, and designated environmental areas. In addition, regulations apply to placement of septic systems in high risk erosion areas and alteration of the soil such as dredging, filling, and grading; alteration of drainage; and alteration of vegetation in environmental areas. This authority resides under Part 323, Shorelands Protection and Management, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (NREPA). The purpose of this authority is to provide consumer protection by reducing losses to property owners from erosion and flooding and to protect valuable habitat necessary for the preservation and maintenance of fish and wildlife.

A. NAME OF PERMIT OR APPROVAL:

Permit for Construction in a High Risk Erosion Area

Permit for Construction in a Flood Risk Area

Permit for Construction or Alteration in an Environmental Area

B. STATUTORY AUTHORITY:

Part 323, Shorelands Protection and Management,Natural Resources and Environmental Protection Act, Public Act 451 of 1994, as amended

C. APPLICABLE REGULATION:

Michigan Administrative Code, Rules Administered by MDEQ, LWMD

Shorelands Protection and Management (R 281.21 - 281.26)

D. SUMMARY OF PERMIT/APPROVAL PROCESS:

 1.  Applicability (activities that require the permit)

• In the absence of an approved local ordinance, any person or agency proposing to erect, install, move, or enlarge a permanent structure on a parcel of property, any portion of which is designated as a high-risk erosion area, must first apply for and obtain a permit from the MDEQ

• In the absence of an approved local ordinance, any person or agency proposing a new permanent structure or an enlargement of an existing permanent structure on a parcel, any portion of which is a designated flood risk area, must first obtain a permit from the MDEQ

• In the absence of an approved local ordinance, any person or agency proposing to dredge, fill, grade, or otherwise alter the soil, alter the natural drainage, or alter the vegetation on a parcel or property within a designated environmental area boundary must first apply for and obtain a permit from the MDEQ

 2.  Pre-Application Requirements

If a site inspection is required, up to 60 days are available to review the project. An application is required for any of the proposed activities unless the local government has an approved ordinance, in which case the review is handled locally.

 3.  Application Submission Requirements

• Joint permit application submitted to LWMD with detailed directions to site, required drawings, authorizations, and fee
• Applications must contain detailed drawings in most cases
• Section 20 must be filled out completely including the date the project will be staked, and the application must contain detailed drawings as shown in sample drawing 19 of the Appendix
• Applicant may be required to submit other information on request

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

• Applicant submits application (EQP 2731) to the LWMD

• Applications are normally reviewed within 60 days or less of receipt

• The permit is valid for 5 one year from date of issuance and may not be extended

• 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

• After completion of the project, a final inspection may be made by the MDEQ to certify that the applicant has complied with the permit requirements

 6.  Fees

• $50 to $500
• 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 make the permit decision. 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 (www.deq.state.mi.us/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. 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 impact only high risk erosion areas are not required to go through the 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/0,1607,7-135-3313_3677_3700---,00.html

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

Creation/Revision Date:

October 2010