The Water Resources Division (WRD), within the Department of Environment, Great Lakes, and Energy (EGLE), is responsible for protecting the natural resources and the public trust waters of Michigan's inland lakes and streams under the authority of Part 301, Inland Lakes and Streams, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (NREPA). The program oversees activities including dredging, filling, constructing or placing a structure on bottomlands, constructing, reconfiguring, or expanding a marina, interfering with natural flow of water or connecting a ditch or canal to an inland lake or stream. EGLE also administers the federal permit program which regulates the dredging or filling of inland lakes and streams under Section 404 of the Clean Water Act (except in coastal areas where the United States Army Corps of Engineers retains this authority). Thus, in most parts of the state, issuance of a construction permit by EGLE under Part 301 of the NREPA also authorizes this type of activity under federal law
A. NAME OF PERMIT OR APPROVAL:
Part 301, Inland Lakes and Streams Permit
B. STATUTORY AUTHORITY:
Part 301, Inland Lakes and Streams, Natural Resources and Environmental Protection Act, Public Act 451 of 1994, as amended
Federal Clean Water Act, Section 404
C. APPLICABLE REGULATION:
D. SUMMARY OF PERMIT/APPROVAL PROCESS:
Part 301 covers inland lakes and streams, meaning any natural or artificial lake, pond, impoundment, river, stream, or creek, or any other body of water that has definite banks, a bed, and visible evidence of a continued flow or continued occurrence of water, including the St. Marys, St. Clair, and Detroit rivers. Inland lake or stream does not include the Great Lakes, Lake St. Clair, or a lake or pond that has a surface area of less than 5 acres. Additionally, artificial or natural lakes, ponds, or improvements that are waters of the United States are regulated. A permit is required under this act to:
The permit review will include a review under all applicable parts of the NREPA and only one permit application is required. These parts include: Part 301, Inland Lakes and Streams; Part 303, Wetlands Protection; Part 325, Great Lakes Submerged Lakes, the Administrative Rules for Floodplains and Floodways under Part 31, Water Resources Protection; Part 323, Shorelands Protection and Management; and Part 353, Sand Dunes Protection and Management.
Applicant must comply with all applicable rules and regulations and any stipulations set forth in the permit
The decision makers in this program are district staff. Substantial or unresolved issues may be reviewed by the EGLE deputy directory or the WRD division director. The WRD has many mechanisms for public notice of pending permit decisions. A record of applications received is available on an online permitting and compliance system called MiWaters. This online system allows queries related to public hearings, public notices, year, county, township, range, section, water body, file number or applicant name. The WRD district contact can be found through MiWaters. 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 meet the Minor and General permit categories are not required to go through the public notice process.
E. ADMINISTERING AGENCY:
EGLE, Water Resources Division, P.O. Box 30204, Lansing, Michigan 48909-7704
Revision Date: December 2019