Construction permits for dams

Part 315, Dam Safety, requires a permit for any reconstruction, repair, alteration, abandonment, or removal of a regulated dam, or the construction of a new dam.

Individual projects are any projects that have significant impact on the structural integrity of the dam, or if other cumulative impacts on regulated resources require an individual permit. Examples of individual projects include activities such as removal of the dam or replacement of an inlet structure. Individual projects require a 20-day Public Notice period.

Minor projects involve repairs or alterations that have minimal effect on the structural integrity of the dam, and the impacts on other regulated resources are also considered minor. Examples of dam repairs that may constitute a minor permit include activities such as slip-lining a pipe or concrete repairs.

A permit is not required for most activities that are a part of regular dam maintenance. Mowing, tree clearing, concrete patching, and earthwork or riprap less than 25 cubic yards does not generally require a permit. Contact Dam Safety staff to inquire if proposed work requires a permit.

Submit a Joint Permit Application (JPA) through the MiEnviro Portal. Additional information about the application process is available at the EGLE/USACE Joint Permit Application. The JPA is for construction activities where the land meets the water covering permit requirements derived from state and federal rules and regulations. State-regulated dams will be reviewed under Part 315, Dam Safety, and will typically require review under the following programs for resource impacts:

• Part 301, Inland lakes & streams
• Part 303, Wetlands
• Part 31, Floodplains

The permit application should include:

• Preliminary plan showing location of the dam, proposed work, cross-sections of the spillways with upstream/downstream water channel and surface elevations, and construction access routes. Final engineering plans are not required in the initial submittal, but will be required prior to beginning work.
• Complex projects may require an assessment of all known existing and potential adverse resource impacts within the scope of the project. These include, but are not limited to: wetlands, fisheries, wildlife, threatened and endangered species, water quality and temperature, sediment transport, riparian rights.

Additional guidance on what should be included in the permit application can be found in the following documents:  

• Part 315, dam safety rules
• Dam removal application guidance

Step One: Administrative completeness review (30 days)

Submitted applications for permits enter a 30-day administrative completeness review period. During that time, the application is reviewed to ensure all required information for a complete application has been submitted in the MiEnviro Portal. If the application is not complete, EGLE will put the application on hold and request additional information.

Step Two: Engineering review (60 days)

Once the application is considered complete, the engineering review and processing period begins. Projects requiring an Individual Permit will be put on 20-day public notice at this time. EGLE has 60 days to review the formal design plans and specifications. EGLE will communicate with the applicant any modifications required to the plans or specifications for approval and issuance of a permit. The applicant may request extensions in writing to address requested modifications up to one year from the date when an application is considered administratively complete.