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Soil Erosion and Sedimentation Control Permit

Agency: Environmental Quality

The Michigan Department of Environmental Quality (MDEQ) does not issue Soil Erosion and Sedimentation Control (SESC) permits; however the MDEQ, Water Resources Division is responsible to train and oversee the agencies that have authority to administer and enforce Part 91, Soil Erosion and Sedimentation Control of the Natural Resources and Environmental Protection Act (NREPA), Public Act 451 of 1994, as amended.

A. NAME OF PERMIT OR APPROVAL:

Soil Erosion and Sedimentation Control Permit

B. STATUTORY AUTHORITY:

Part 91, Soil Erosion and Sedimentation Control, Natural Resources and Environmental Protection Act, Public Act 451 of 1994, as amended

Part 31, Water Resources Protection, Natural Resources and Environmental Protection Act, Public Act 451 of 1994, as amended

C. APPLICABLE REGULATION:

Michigan Administrative Code, Rules Administered by MDEQ, WRD

Part 17, Soil Erosion and Sedimentation Control (R 323.1701 - 323.1714)

See also storm water discharge requirements under the National Pollutant Discharge Elimination System (NPDES) Permit (specifically, Permit-by-Rule and Notice of Coverage): www.michigan.gov/deqnpdes

D. SUMMARY OF PERMIT/APPROVAL PROCESS:

 1.  Applicability (activities that require the permit)

Most local SESC permitting agencies require a permit when the project involves an earth change activity within 500 feet of a lake or stream or when the project will disturb an area greater than one acre in size. However, some local SESC agencies require the permit regardless of size or location. Contact your local SESC agency.

  • "Earth change" means a human-made change in the natural cover or topography of land, including cut and fill activities, which may result in or contribute to soil erosion or sedimentation of the waters of the state. Earth change does not include the practice of plowing and tilling soil for the purpose of crop production.
  • An authorized public agency, approved by the MDEQ, pursuant to Part 91, is exempt from the requirement of obtaining a permit for an earth change but must notify the appropriate enforcing agency, in advance, of the earth change activity.
 2.  Pre-Application Requirements

An SESC plan will need to be developed and based upon project complexity some applicants prefer to employ a consultant.

 3.  Application Submission Requirements

The MDEQ does not issue Part 91, SESC permits and therefore does not require submittals specific to Part 91.

 4.  Procedures and Time-Frame for Obtaining Permit or Approval
  • Applicant submits application to the local SESC agency.
  • Upon a determination that an applicant has met all the requirements, the local SESC agency issues a permit.
 5.  Operational Requirements
  • Applicant must comply with all applicable rules and regulations and any stipulations set forth in the permit.
  • The local SESC agency is responsible for the administration and enforcement of the permit, field inspections of the project, and final approval of the earth change activities. MDEQ may inspect Part 91 sites to assess the SESC agency performance.
 6.  Fees

MDEQ does not issue SESC permits; the local SESC agencies independently set fees for SESC permits issued within their jurisdictions.

E. Local SESC Agencies: Soil Erosion and Sedimentation Control Agencies

 

Creation/Revision Date:

July 2014