Wetland protection guidebook

[From the U.S. Government Printing Office, www.gpo.gov]

Wetland Protection Guidebook

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W4 Michigan Department of Natural Resources
1988 Land and Water Management DivisionDNR

This document was prepared in part
through financial assistance provided by
the Coastal Zone Management Act of 1 972
administered by the Office of Coastal Zone Management
National Oceanic and Atmospheric Administration

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$6 2 ~This publication was prepared under contract with' the Michigan Departmefft of Natural Resources
by Stephen Brown, Wetland Project Coordinator, Tlp of the Mltt Watershed Council

Original ~11ustrations by Susan Beal Brown

NATURAL RESOURCES COMMISSION

David D. Olson, Chairperson Thomas J. Anderson
Marlene J. Fluharty Kerry Kammer
0. Stewart Myers Raymond Poupore
Gordon E. Guyer

MICHIGAN DEPARTMENT OF NATURAL RESOURCES

David F. Hales, Director

LAND AND WATER MANAGEMENT DIVISION

Dennis Hall, Chief
Property of Ceo Libc:t

U.S. DEPARTMENT OF COMMERCE NOAA
COASTAL SERVICES CENTER
1988 2234 SOUTH HOBSON AVENUE
CHARLESTON, SC 29405-2413
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TABLE OF CONTENTS

Page

INTRODUCTION............................................................................ 1
CHAPTER 1 - WHY PROTECT MICHIGAN'S WETLANDS? .......................................... 1
1.1 Michigan's Wetland Heritage ...................................................... 1
1.2 Wetland Losses .................................................................. 1
CHAPTER 2- WETLAND TYPES IN MICHIGAN ................................................... 2
2.1 Wetlands Defined ................................................................ 2
2.2 Marshes ...................................................................... 3
2.3 Swamps ........................................................................ 3
2.4 Bogs ......................................................................... 3
CHAPTER 3- WETLAND VALUES ............................................................... 3
3.1 Introduction ..................................................................... 3
3.2 Fish and Wildlife Habitat Values .................................................... 4
3.3 Maintenance of Water Quality ...................................................... 5
3.4 Flood Storage and Runoff Delay ...................................... .............. 6
3.5 Recreation and Aesthetics ......................................................... 6
CHAPTER 4-WETLAND REGULATION IN MICHIGAN ................... ......................... 6
4.1 The Goemaere-Anderson Wetland Protection Act ..................................... 6
4.2 Other State Laws that Affect Wetlands .............................................. 8
4.3 Federal Regulation of Wetlands in Michigan ................... ....................... 8
4.4 County and Local Regulations ......................................... ............ 9
CHAPTER 5- WETLAND PERMIT PROCEDURES ................................................. 10
5.1 Wetland Protection Act Application Procedure ........................................ 10
5.2 MDNR Notification of Applications for Wetland Permits ................................10
5.3 Public Hearings .................................................................. 11
5.4 Evaluation of Permit Applications .................................................... 11
5.5 When the U.S. Army Corps of Engineers is Involved ....................................11
5.6 Decisions on Permit Applications ................................................... 12
5.7 Mitigation ...................1...................................... 12
CHAPTER 6 - VOLUNTARY WETLAND PROTECTION AND BENEFITS TO LANDOWNERS .............. 12
SUMMARY ................................................................................. 14
APPENDICES
Appendix A Goemaere-Anderson Wetland Protection Act
Appendix B Administrative Rules for the Wetland Protection Act
Appendix C MDNR Sample Application Notice

INTRODUCTION once wetland. As cities and towns grew, still
more wetlands were filled for development.
This guidebook was produced by the Michigan These activities resulted in rapid wetland loss
Department of Natural Resources (MDNR) primarily both in Michigan and across the country.
to provide you with information on the Goemaere- We can gain a better perspective on the cur-
Anderson Wetland Protection Act and Michigan's rent issues surrounding wetlands by looking
wetland protection program. In its report to the briefly at the history of wetland losses in the
MDNR, the Wetland Permit Process Review Commit- United States and in Michigan.
tee identified the need for increased public aware-
ness of Michigan's wetland protection program. In
response to this request, this guidebook was pro- 1.2 Wetland Losses
duced by the MDNR to provide information on the
uses and values of wetlands, as well as the wetland In 1954, a widely accepted study estimated
permit process in Michigan. The guidebook covers that the United States originally contained 215
all aspects of wetland regulation in the state. million acres of wetlands. By the mid-1970's,
Chapter 1 describes the history of wetland losses in only 99 million acres remained. The nation had
Michigan and the United States, and explains why lost 54% of its wetlands, and losses to agricul-
this is a public concern. Chapter 2 defines wetlands ture and to commercial and residential develop-
and describes each of the wetland types that occur ment have continued.
in Michigan. Chapter 3 lists the functions that wet- During the 1970's, our awareness of the func-
lands serve, and explains the value of each. Chapter tions served by wetlands increased and efforts
4 describes the laws that regulate wetlands in to protect our remaining wetlands were initi-
Michigan at the state and federal levels. Chapter 5 ated. Congress passed amendments to the
gives permit application and comment procedures. Clean Water Act that required permits for
Chapter 6 describes wetland protection options for dredging or filling wetlands. Current estimates
privately owned wetlands and the benefits of each to suggest that the remaining wetlands in the
the landowner. United States are still disappearing at an alarm-
ing rate, but no figures are available. Figure 1
shows the amount of our original wetlands that
were left in the mid-1970's.
CHAPTER 1 - WHY PROTECT MICHIGAN'S
WETLAN DS?

1.1 Michigan's Wetland Heritage

Before European settlement, the region that
would become Michigan was almost one third
wetlands. The first voyageurs explored this
area in the mid-1600's. They found a vast wilder-
ness teeming with wildlife, and they stayed 54%
here because of the fortunes to be made export-
ing furs for European markets. Many of these
furs were from wetland-dependent species like
the beaver. The heyday of the fur trade was
intense, and the beaver was trapped almost to
extinction by the early 1800's. The economic
activity generated by the fur trade, however,
was sufficient to encourage the first immigra-
tion into the region. The fur trade, which was
dependent on Michigan's wetland resource, Wetlands Lost
played a central role in the establishment of the e 1975 Wetlands
first European settlements here.
As settlement increased in Michigan and
across the United States, pressures on wet-
lands increased also. Vast wetland areas were
drained, primarily for agriculture. Much of the Figure 1: National wetland losses by the
most productive farmland in Michigan was mid-1970's compared to original wetland acres.

Prior to the arrival of European settlers, tions they provide with the benefits that accrue
Michigan contained an estimated 11.2 million from developments proposed in wetlands.
acres of wetlands. In 1955, a survey for the U.S.
Fish and Wildlife Service estimated that only
3.2 million acres remained. Michigan had lost
71% of its wetlands. Some coastal areas have CHAPTER 2 - WETLAND TYPES
lost an even larger percentage. Lake St. Clair, IN MICHIGAN
for example, has lost an estimated 80% of its
wetlands. Overall, Michigan has lost an even
greater percentage of its wetlands than the 2.1 Wetlands Defined
United States as a whole. Figure 2 shows the
amount of wetland loss in Michigan by 1955. Wetlands are extremely diverse habitats, from
Great Lakes marshes to inland swamps. Never-
theless, all wetlands share certain common
characteristics. These shared features are the
basis of scientific definitions of wetlands. Wet-
lands are areas where water is a controlling fac-
tor in the development of plant and animal com-
munities. It may be standing water above the
ground, or an underground water table that is
close to the surface. The water may be present
during the entire year, or only during part of the
7 1 0/6 % ~year. Wetlands are often transitional areas be-
tween upland habitats and aquatic habitats.
The presense of water leads to other com-
mon characteristics of wetlands. Many types of
plants prefer saturated wetland conditions, and
these plants indicate to a field biologist that
wetland conditions exist. The U.S. Fish and
Wildlife Service has developed a comprehen-
El Wetlands Lost sive list of all the plants that occur in Michigan
wetlands. The list also indicates whether the
1955 Wetlands plants are always found in wetlands or some-
times found in drier habitats. Regulatory
agencies can use this list to help determine if
an area is a wetland.
Figure 2: Michigan's wetland losses by 1955 In addition to particular species of plants,
compared to original wetland acres. wetlands may have special types of soils. The
presence of water in the wetland can prevent
oxygen from reaching the organic matter in the
Since 1955, Michigan wetlands have con- upper layer of the soil. This organic matter
tinued to be filled or drained for agriculture and often accumulates to form a dark mucky layer
development activities. Though wetland regula- that is indicative of wetland conditions. In non-
tions have reduced this loss rate, the current mucky soils such as sand or clay, the water can
rate of loss is not known. There are also no cur- also give the soil particular patterns of colora-
rent estimates of the total wetland acreage left tion, such as mottles or streaks from minerals
in the state. in the soil. Both of these soil types are called
Each year, the Michigan Department of hydric soils. The Soil Conservation Service has
Natural Resources (MDNR) receives a greater' developed descriptions that allow field biolo-
number of applications for approval of dredge gists to determine if the soil in a particular area
and fill activities in wetlands. In 1987, the Land is a hydric soil.
and Water Management Division of the MDNR These three characteristics, the presence of
received 6,510 permit applications. Many of water, wetland vegetation, and hydric soils, are
these proposed work in a wetland area, and widely accepted in the scientific community as
those that were approved did result in some useful indicators of wetlands. Most regulatory
loss of wetlands. Those losses are often irrevo- programs rely on some combination of these
cable. The Department has the difficult task of characteristics to determine if an area is
balancing the losses of wetlands and the func- a wetland.

In Michigan, there are three major types of 2.3 Swamps
wetlands. These classes of wetlands are
familiar to most people. They include marshes, Swamps are wooded or shrub wetlands.
swamps, and bogs. Each has its own unique Although there are many variations, swamps
set of characteristics, plants, and wildlife. can generally be divided into three different
types based on vegetation: a conifer swamp
with tamarack, cedar, balsam fir, and/or spruce
2.2 Marshes trees; a hardwood swamp with, for example,
maple, ash, birch, aspen, and/or poplar; or a
Marshes are excellent habitats and breeding scrub-shrub swamp with alders, willows, and/
grounds for water birds such as ducks, geese, or dogwood. Swamps are important habitat for
swans, bitterns, and herons. Common loons, deer, bear, raccoons, bobcats, eagles, song-
bald eagles, and osprey also utilize marshes for birds, and other small animals.
feeding or nesting areas, as do numerous Swamps are usually covered by water at
species of song birds. Marshes are also home some time during the year. They may have high
to fur-bearing animals, such as muskrat and water tables during the spring, or at some other
beaver, and are important spawning grounds time during the growing season. They may or
for some species of fish such as northern pike may not be associated with lakes, rivers, or
and perch. streams. The soil is often rich in nutrients and
Marshes are often associated with ponds, organic matter and, again, may consist of clays
streams, or lakes. They can be wet areas which or sand.
are periodically covered by standing or slow-
moving, neutral to alkaline water, or can be
"wet" freshwater meadows with high water 2.4 Bogs
tables. Typical marsh plants include rushes,
reeds, sedges, cattails, and grass-like vegeta- Bogs are wetlands with peat soils, a high
tion. Marsh soils are usually nutrient rich and water table, and a surface carpet of mosses,
contain both mineral and organic matter, especially Sphagnum. Unique vegetation can
although even pure sands may support be found in bogs, including shrubs in the blue-
marshes in some cases. berry family (leather-leaf, blueberries, cranber-
ries, and others), sedges and cotton grasses,
peat moss, orchids, and plants such as the
pitcher plant and sundew, which catch and
"digest" insects.
Bogs are generally not rich in wildlife, but
birds and other animals can be seen there. Bog
soils are highly acidic, oxygen deficient, and
mineral poor.
Some boggy areas are more mineral rich and
are only moderately acidic. These variations
are technically known as "fens", although they
also have peat soils, a high water table, and
many of the plant species found in bogs. Fens
are sometimes associated with lakes, marshes,
and streams, and are usually more valuable
than bogs as wildlife habitat.

CHAPTER 3 - WETLAND VALUES

3.1 Introduction

Long perceived as wastelands with few
redeeming characteristics, wetlands are now
being recognized as valuable natural resources.
Biologists and ecologists have studied the
values of wetlands as habitats for diverse plant

and animal life. Hydrologists have begun to B) Waterfowl
understand the relationships between wetlands
and groundwater, which is the source of much Marshes are among the most productive
of our drinking water. Municipal officials have wildlife habitats in the world. This productivity
begun to recognize that wetlands can store supports a variety and abundance of wildlife,
water and prevent costly flood damage. including many species of waterfowl. Many
Because the functions wetlands serve are so species of waterfowl depend on wetlands for
diverse, it is helpful to consider each one feeding and resting areas during their spring
separately. This chapter will cover five major and fall migration. Resident waterfowl rely on
categories of wetland functions, and describe them for nesting and as primary feeding areas.
each in detail. Broods hatched in early summer forage on
insect larvae and aquatic invertebrates, which
provide the protein-rich diet needed for rapid
3.2 FIsh and Wildlife Habitat Values growth and development. Many different
species nest in Michigan, including the
Wetlands provide habitat for a wide variety of mallard, northern pintail, canvasback, blue-
plants and animals. This is probably the most winged teal, redhead, common and hooded
commonly recognized value of wetlands. merganser, and Canada goose. These species
are enjoyed by bird-watchers and by water-
A) Fish Habitat fowl hunters.
Two additional species of ducks depend on
Wetlands serve three major kinds of func- wooded swamps. The American black duck
tions for fish communities. They provide nests and rears its brood in the dense cover
breeding and nursery grounds, act as sources around swamps. The wood duck, whose striking
of food, and provide cover from predators, colorations are admired by many, nests in
especially for young fish. Most species of hollow trees near swamps.
freshwater fish are dependent on wetlands for
one or more of these functions. Many fish C) Non-game Birds
species that are important in sport or commer-
cial fisheries spawn in shallow marshes and In addition to the waterfowl species that are
aquatic plant bed wetlands. These include popular with hunters, wetlands support a wide
northern pike, muskellunge, yellow perch, large variety of other bird species. The familiar song
and smallmouth bass, bluegill, black and white of the red-winged blackbird, which nests in
crappie, pumpkinseed sunfish, black and marshes throughout Michigan, is associated by
brown bullhead, and many forage/bait species. many with a marsh in springtime. Many other
Aquatic Invertebrates living in emergent and less common birds inhabit the marshes as well.
submergent wetlands provide food for all fish Great blue herons, American bitterns, and least
that utilize wetlands during some stage of their bitterns can be seen quietly stalking their prey
life cycle. Many freshwater fish prefer vege- in marshes and ponds. Soras, yellow rails, and
tated habitats because of the protection they Virginia rails are more secretive, and are often
provide from predators. recognized only by their call. Common terns
The larger carnivorous fish, such as northern and caspian terns inhabit Great Lakes coastal
pike, muskellunge, small and largemouth bass, marshes, where they can be seen making spec-
and walleye, depend on food produced largely tacular dives into the water in the pursuit of
in wetlands and shallow marshes around warm fish. Northern harriers can be seen hunting
water inland lakes, streams, and Great Lakes small mammals over marshes and grasslands.
areas. In cold inland lakes, streams, and the The vociferous common yellowthroat can be
Great Lakes, rainbow, brown, brook trout, and heard announcing its presence from the edges
salmon depend on food resources that origin- of thickets and shrub swamps. These species
ate in wetlands and shallow marshes. are enjoyed by bird-watchers and outdoor
enthusiasts, and also play important ecological
roles in wetland communities.

D) Furbearing Mammals

Wetlands provide habitat for many of the
most important furbearing species in Michigan.
Muskrats inhabit marshes, and consume large

quantities of cattails, one of their most pre- frogs, toads, and salamanders live in and are
ferred foods. Mink spend much of their time in dependent upon wetlands. These species play
the water, and forage on other wetland inhabi- an important role in the ecological balance of
tants, including small mammals, birds, frogs, the wetland community.
and fish. Beaver construct their familiar lodges
in rivers and streams, and often play an impor-
tant role by creating marsh habitat behind their
dams. These species are enjoyable to watch
and also commercially important because their .,:~'-
pelts are sold for various fur products.

E) White-tailed Deer --

In northern areas of the state, wetlands can -
be vital for sustaining white-tailed deer popula-
tions through the harsh winter. Cedar swamps
provide high-quality browse during the winter.
Deer can sustain themselves solely on northern 3.3 Maintenance of Water Quality
white cedar if enough is available, and this is Wetlands have been shown to provide many
true for no other winter food. In addition, the valuabl e functions related to th e maintenance of
densevegettion n cedr swaps prvidesvaluable functions related to the maintenance of
dense vegetation in cedar swamps provides water quality. Different types of wetlands pro-
cover from winter weather. Without this cover, v ide differe nt functions, but many types of wet -
deer would be unable to sur~viv h ase lde different functions, but many types of wet-
deer would be unable to survive the harshest lands contribute to the maintenance of water
periods during the winter. lands contribute to the maintenance of water
p~eriods during the winter.
quality in one or more of the following ways:
F) Endangered and Threatened Species A) Nutrient Retention

Wetlands provide essential habitat for a wide Wetlands can retain, at least temporarily,
variety of endangered plant and animal nutrients that would otherwise reach streams,
species. Approximately 30% of Michigan's 215 rivers, or lakes, and contribute to increased
threatened and endangered plants and approx- growth of algae. There are many ways that
imately 60% of the 65 threatened and nutrients can be held in wetlands. Plant life
endangered animals are wetland species. absorbs soluble nutrients from the water and
Some of the threatened and endangered uses them for growth. Some nutrients become
wildlife species are among Michigan's most attached to sediments. Plant matter that con-
popular wildlife. The common loon builds nests tains nutrients can settle to the bottom and
in marshy areas of lakes and feeds on small become incorporated into sediments, where the
wetland-dependent fish species. The osprey nutrients are unavailable. Some of this material
nests on dead snags in wooded swamps, and can become the base of the food web. Some
also fishes in nearby wetlands.'Michigan's two microorganisms convert the nitrogen present in
endangered snakes, the Kirtland's snake and organic matter into nitrogen gas, removing the
copperbelly water snake, as well as the nutrient from the wetland. As much as 91% of
threatened fox snake, are dependent on the phosphorus and 86% of the nitrogen can be
wetlands. The endangered and beautiful prairie retained on at least a seasonal basis by
white-fringed orchid is an obligate wetland emergent wetlands. The benefit of holding these
species, existing in no other habitats. nutrients is that the water quality of downstream
ponds and lakes is protected from unwanted
G) Other Wildlife growth of algae and aquatic weeds during the
primary recreational season.
Wetlands are also one of the most productive
habitats for insects, both aquatic and ter- B) Sediment Removal
restrial, and thus form the base for a rich and
diverse food web extending well beyond the The sediments that are suspended in running
wetland boundary. Waterfowl, wading birds, water can also be removed by wetlands. As the
songbirds, even bats, depend on these insect- running water enters a wetland with dense
based food webs as do a variety of reptiles and vegetation, the water slows and the sediments
amphibians. Many species of turtles, snakes, settle out. Emergent wetlands can retain as

much as 94% of the inflowing sediments. This CHAPTER 4 - WETLAND REGULATION
protects rivers, ponds, and lakes from the accu- IN MICHIGAN
mulation of sediments.

C) Groundwater Recharge and Discharge 4.1 The Goemaere-Anderson Wetland Protection Act

Wetlands are often interconnected with the At the center of Michigan's wetland manage-
groundwater table. Some wetlands recharge ment program is the Goemaere-Anderson Wet-
groundwater, while others discharge ground- lands Protection Act, Act 203, P.A. of 1979 (see
water. Both of these functions can be valuable. Appendix A). Act 203 has several components.
Recharge areas provide clean groundwater, First, it establishes a state policy to protect the
which many people use for drinking water. public against the loss of wetlands and makes
Discharge areas provide sources of high- explicit findings about the benefits wetlands
quality water for lakes and streams. provide. Second, it establishes a permit pro-
gram regulating some activities in wetlands
which are above the ordinary high water marks
3.4 Flood Storage and Runoff Delay of lakes and streams. Third, Act 203 explicitly
authorizes more stringent and broader regula-
Wetlands provide very valuable functions by tion of wetlands by local governments and sets
reducing the severity of floods. Every year, up a cooperative process for the sharing of
floods cause serious damage to property in information and expertise between the MDNR
Michigan. Many wetlands are effective as and local governments.
storage basins for flood waters. This storage Wetlands below the ordinary high water mark
helps to reduce flood levels. In addition, of a lake or stream are considered part of the
because flood waters are held in wetlands lake or stream and are covered by the same
instead of flowing directly down rivers and acts that regulate activities there. In these
streams, much of the water takes longer to cases, however, Act 203 criteria still apply to
reach flooded areas. Depending on the location any permits that may be issued. The Inland
of the wetland, the delay can significantly Lakes and Streams Act, P.A. 346 of 1972,
reduce flood peaks and resulting damage. regulates dredging, filling, and construction
Some government agencies now maintain activities in inland lakes and streams and
wetlands for flood control instead of building associated wetlands below the ordinary high
costly flood control structures. water mark. The Great Lakes Submerged Lands
Act, P.A. 247 of 1955, applies to the Great
Lakes, including adjacent wetlands.
3.5 Recreation and Aesthetics The basic premise of the regulations is that
wetlands provide public benefits and no one
There are many recreational activities that has the unrestricted right to alter the natural
involve wetlands. Hunting and fishing for wetland character of wetlands since some alterations
dependent species is a major recreational acti- could pollute the water, increase flood risks,
vity in Michigan. In addition, there are growing lower lake or well water levels, destroy fish and
numbers of people who enjoy non-consumptive wildlife habitat, or cause other public
uses of wetlands such as hiking, boating, bird- nuisances or harms. A permit under Act 203 is
watching, and photography. These activities required only for dredging, filling, draining, and
generate enormous economic benefits by developments that are (1) in a wetland as
creating demands for support services such as defined in the act; (2) not subject to a permit
travel and lodging. The diverse wildlife, beautiful under Act 346 or Act 247; and (3) not exempted
scenery, and quiet solitude attract many people in section 6(2) of the Wetlands Act. Each of
to Michigan's wetlands for recreation. these requires some elaboration.

Definition- The definition of wetlands in the
Act has two components. First, the Act
regulates only wetlands where water (surface
or subsurface) is present at a frequency and
duration sufficient to support wetland vegeta-
tion or aquatic life.
=_-" _-_-__ _ =___ -- Second, wetlands are separated according to
whether or not they are contiguous to a water-

body. Contiguous wetlands are those found in necessary for agricultural production;
close proximity to a lake, stream, pond, Great
Lake, etc., and/or having a direct hydrological - drainage of non-contiguous wetlands (unless
relationship with it. Non-contiguous wetlands, designated as necessary for preservation by
often described as being "perched", are the MDNR) if necessary for crop production
isolated from surface waters hydrologically provided that any future non-farming use re-
and often geographically as well. quires a permit;
Activities in contiguous wetlands are regu-
lated without regard to the size of the wetland - construction of farm roads, forestry roads, or
because of the close relationship these areas temporary roads for moving mining or forestry
have to surface waters. Non-contiguous wet- equipment if adverse effects are minimized.
lands, however, are regulated by permit only if
they are greater than five acres in size. In coun- General Permits - The MDNR may issue general
ties of less than 100,000 people, activities in permits on a state or county basis for a category
non-contiguous wetlands are not regulated of activities that are similar in nature and have
until a wetland inventory is completed. The only a minimal adverse effect, both individually
MDNR can also regulate some activities in wet- and cumulatively, on the environment. A general
lands anywhere in the state, regardless of size, permit allows the Department to quickly reach a
if they are determined to be essential to the decision when public notices would be imprac-
preservation of natural resources, and the land- tical due to the small impact being proposed.
owner has been so notified by the department. This allows the MDNR to process minor applica-
tions more efficiently. The department may pro-
Exemptions- Activities in wetlands subject to cess by public notice an application which
Act 346 or Act 247 permits are not subject to an would normally qualify under a general permit
additional Act 203 permit, although the Act 203 category to allow more opportunity for public
criteria apply to the other state acts. This review and comment. General permits can also
prevents unnecessary duplication of permits. be revoked or modified if any adverse effects
A variety of activities are exempted from the warrant the use of individual permits.
need for an Act 203 permit in section 6(2),
although the Michigan Environmental Protec-
tion Act (MEPA), P.A. 127 of 1970, and other
laws still apply. Although specific circum-
stances may exclude a particular situation, in
general it can be said that exempted activities
include:

-some existing farming activities including
minor drainage, which is defined by the Act;

- harvesting of forest products;

-some minor road improvements if adverse
effects on the wetland are minimized and width
is not added or rerouting necessary;

-distribution power line construction and
maintenance if adverse effects are minimized;

-small gas or oil pipeline construction if Administration- The MDNR's Land and Water
adverse effects are minimized; Management Division administers the permit
program. However, local governments may also
-iron and copper tailings basins and water adopt wetlands ordinances. In this case, an
storage; application for a permit is also filed with the
local government.
-straightening, widening, or deepening of pri-
vate agricultural drains and drains constructed Enforcement - Failure to obtain a necessary per-
or improved (not just designated) pursuant to the mit, or a violation of a condition or limitation in a
Drain Code of 1956, as amended, but only if permit issued under the Act, is subject to civil

and criminal penalties. Actions may be brought The Subdivision Control Act (Act 288, P.A. of
by either local prosecutors or by the Attorney 1968) requires the approval of the Water
General and, if found to be in violation, financial Resources Commission for any subdivision
penalties, restoration, and/or jail sentences may plat containing lots in the floodplain and
be imposed by a court. A person who violates requires an informational review by the MDNR
the Act is punishable by a fine of up to $2,500. for any subdivision plat involving land abutting
Willful or reckless violations of permit condi- a lake or stream or a proposed channel afford-
tions by a person or corporate officer can result ing access to a lake or stream where public
in a fine of not less than $2,500 nor more than rights may be affected. In many cases, wet-
$25,000 per day of violation, and/or by imprison- lands are involved and are brought to the atten-
ment for not more than one year. A second such tion of the developer and appropriate agencies
violation is a felony, with penalties up to $50,000 during the review process.
per day of violation and up to two years The Michigan Environmental Protection Act
imprisonment. In addition to these penalties, the (MEPA) (Act 127, P.A. of 1970) places a duty on
court may order a person who violates the Act to all individuals and organizations, whether
restore the affected wetland as closely as possi- private or public, to prevent or minimize
ble to its original condition. environmental degradation which is caused or
The MDNR Land and Water Management likely to be caused by their activities. Its
Division investigates reports of possible viola- requirements are in addition to those provided
tions and, if it is determined that a violation has by any other law.
occurred, appropriate enforcement action is MEPA prohibits any conduct which is likely
initiated. The federal government, or local to pollute, impair, or destroy a lake, stream,
governments with wetland ordinances, may wetland, or other natural resource of the state
also choose to pursue enforcement action unless the entity proposing or authorizing the
Independent of any state action. activity can show (1) there are no less harmful
feasible and prudent alternatives and (2) the
"conduct is consistent with the promotion of
the public health, safety, and welfare in light of
the state's paramount concern for the protec-
tion of its natural resources from pollution,
impairment, or destruction". Any person,
organization, or governmental body can go to
court to enforce MEPA against any other per-
son, organization, or governmental body.
The Flood Plain Regulatory Act (Act 167, P.A.
of 1968) assesses the location and extent of
floodplains, streambeds, and stream discharge
for the state's watercourses to prevent
dangerous flooding events. Permits are
required to alter a floodplain.
The Shorelands Protection and Management
Act (Act 245, P.A. of 1970) regulates environmen-
tal areas important for fish and wildlife along the
Great Lakes, many of which are wetlands.
4.2 Other State Laws that Affect Wetlands

The Soll Erosion and Sedimentation Control 4.3 Federal Regulation of Wetlands in Michigan
Act (Act 347, P.A. of 1972) is designed to protect
the waters of the state from sedimentation A) Section 10 of the Federal River and Harbor Act
caused by soil erosion. Permits are required for
earth changes which disturb one or more acres In Michigan, the Corps of Engineers admini-
of land or which are within 500 feet of a lake or sters programs that affect wetlands adjacent to
stream, or for alterations in the stream exclud- the Great Lakes and their connecting water-
ing plowing, tilling, mining, and logging land bodies, along major navigable rivers (for example,
uses. A soil erosion and sedimentation control the Corps' jurisdiction extends along the Grand
plan is required as well. Permits are issued by River some 40 miles inland), and along mouths of
counties or other bodies with programs approved major tributaries and connected wetlands.
by the MDNR. Section 10 of the River and Harbor Act of 1899

(33 U.S.C. 403) regulates construction and activities in wetlands adjacent to the inland
dredge and fill work involving the nation's navi- water route (a chain of lakes open to Lake
gable waters. The Corps has the authority to Huron) require a permit from both the MDNR and
bring enforcement actions, including criminal or the U.S. Army Corps of Engineers. On most
civil actions, against violators of this law. Sec- waters, only an MDNR permit is required,
tion 10 regulates virtually all work in, over, and although the federal government retains the
under waters listed as "navigable waters of the authority to review, comment, and require a
United States." Some typical examples of pro- separate permit when necessary to comply with
jects requiring Section 10 permits include beach Section 404 of the Clean Water Act.
nourishment, boat ramps, breakwaters, bulk- When the application proposes a major dis-
heads, dredging, filling or discharging material charge or work in a sensitive wetland area, the
(such as sand, gravel, or stone), groins and jet- U.S. Environmental Protection Agency provides
ties, mooring buoys, piers (seasonal or perma- comments on water quality issues and compli-
nent), placement of riprap for wave protection or ance with the 404(b)(1) Guidelines. The U.S. Fish
streambank stabilization, boat hoists, pilings, and Wildlife Service also reviews such permit
and construction of marina facilities. applications to assure that the impacts on wild-
On the Great Lakes and other listed navi- life and endangered species are minimal per the
gable waters of the U.S., the Corps' regulatory Fish and Wildlife Act of 1956 (16 U.S.C. 742a, et
authority extends to the ordinary high water seq.), the Migratory Marine Game-Fish Act (16
mark. For example, the ordinary high water U.S.C. 760c-760g), the Fish and Wildlife Coordin-
mark elevation for Lakes Michigan-Huron is ation Act (16 U.S.C. 661-666c) and the En-
580.8 feet (International Great Lakes Datum). dangered Species Act (16 U.S.C. 1531 et seq.).
During high water periods, it is the water's edge The Corps also reviews major discharges, and
or ordinary high water mark, whichever is may provide technical and environmental com-
higher. On inland waterways listed as "navi- ments. In addition to these regulations, the Na-
gable waters of the U.S.", such as Lake tional Environmental Policy Act of 1969 (NEPA)
Charlevoix, the Corps' regulatory jurisdiction (42 U.S.C. 4321-4347) declares the national
extends landward to the ordinary high water policy to encourage a productive and enjoyable
mark and any adjacent wetlands. harmony between people and the environment.

B) Section 404 of the Federal Clean Water Act
4.4 County and Local Regulations
Section 404 of the Clean Water Act regulates
the discharge of dredged or fill material into the Counties, townships, and cities may enact
waters of the United States, including adjacent their own wetland zoning ordinances. Act 203
wetlands. It covers activities such as place- authorizes municipalities to provide more strin-
ment of fill material for impoundments, cause- gent definition and regulation of wetlands than
ways, road fills, dams, dikes, and property pro- provided under the Act [Section 8(4)]. This
tection devices such as riprap, groins, back fill authority is supplemental to the existing
shoreward of seawalls, breakwaters, or revet- authority of a municipality to enact zoning ordi-
ments, and beach nourishment. Adjacent wet- nances under the County, Township, and City-
lands often extend landward beyond the or- Village Zoning Enabling Acts.
dinary high water mark. The 404 program is More and more local governments are enact-
intended to minimize adverse impacts by ing local wetland zoning ordinances. They vary
preventing the unnecessary loss of wetlands greatly in length and approach. Some ordi-
and other sensitive aquatic areas. nances require a zoning permit for wetland acti-
The MDNR assumed administration of the vity similar to an MDNR permit, while others
Section 404 wetlands program in August of serve only to notify landowners of the need to
1984. Assumption was granted Pecause of the get an MDNR permit. Potential applicants for
Act 203 program, but was also based on Act 346, MDNR permits should review the local zoning
Act 247, Act 245, and several other environmen- ordinance to assure compliance with any
tal statutes. However, the Corps has retained wetland provisions.
jurisdiction over the Section 10 activities as Indirectly, county and local sanitary codes
described above and Section 404 activities in which regulate the placement of septic systems
and adjacent to the Great Lakes, their connec- may restrict activities in wetlands. If a sanitary
ting waterways, wetlands adjacent to navigable code prohibits septic systems in areas with high
rivers, and the mouths of major tributaries of water tables, then those areas are not likely to
navigable rivers. For example, dredge and fill be used as building sites requiring dredging and

filling. These high water table areas may also be Check your phone book or write to the address
wetlands. Anyone contemplating construction above to obtain a list of these field offices.
of a residence or other facility needing on-site Applications are reviewed for completeness
sewage treatment should consult with the local by the MDNR in accordance with Act 203. Once
health department. an application is complete, the MDNR must
make a decision to grant, deny, or modify an ap-
plication within 90 days, or within 90 days
following a public hearing if one is held.

5.2 MDNR Notification of Applications for Wetland
Permits

Many people are interested in what wetland-
related activities are occurring in their area. As
mentioned in Chapter 2.1, the MDNR Land and
Water Management Division administers the
Michigan Wetland Protection Act and others
discussed above. Anyone can receive weekly
notice of all permit applications (example pro-
vided as Appendix C) the MDNR receives for a
$25.00 annual fee, payable to the State of
Michigan, which should be sent to:

Land and Water Management Division
CHAPTER 5 - WETLAND PERMIT Michigan Department of Natural Resources
PROCEDURES P.O. Box 30028
Lansing, MI 48909
5.1 Wetland Protection Act Application Procedure
A formal public comment period is provided
If you own property and think some of it may for an application if the MDNR issues a public
be a wetland, you should contact the MDNR notice (not to be confused with the application
before planning or beginning any construction listing). When the activity is of a greater scale
projects in the area. The MDNR will make a wet- than those covered under a general permit, or
land determination for any property owner (or when determined to be appropriate even if
someone who has the owner's written permis- under a general permit, a public notice, along
sion) who requests it. A member of the MDNR's with a copy of the application, is issued and
field staff will visit the property and examine sent to the municipality where the activity
the characteristics of the land, and provide you would occur, the adjacent property owners, and
with a determination of what portions of your any other interested parties that request it,
property are wetlands. including state agencies, public and private
The wetland protection program is coor- organizations, and individuals. The public has
dinated from Lansing, and copies of laws, 20 days to submit written comments on the pro-
rules, permit applications, and instructions are posed activity. The local government where the
available from the following address: activity would occur has 45 days to file com-
ments. If a copy of the application is not posted
Michigan Department of Natural Resources with the public notice, a special request can be
Land and Water Management Division made to the MDNR for a copy of the applica-
Wetland Protection Unit tion. Also, the MDNR does not routinely send
P.O. Box 30028 public notices to individuals. A special request
Lansing, MI 48909 must be made to receive notices for a specific
(517) 373-1170 area or project.
Public notices are not normally issued for
Information and forms are also available at applications that meet the general permit provi-
MDNR Regional and District Field Offices. sions. These applications are reviewed under
There are 16 of these across Michigan, and they general permit criteria, as described in Chapter
can provide assistance in determining if a per- 4.1. A list of current general permits is available
mit is necessary or in filling out an application. from the MDNR.

5.3 Public Hearings and amount of wetlands in the area, the public
and private economic value, alternatives, and
The MDNR will hold a public hearing to the need for the activity. Findings of need by
receive public comment on a proposal if other state agencies must be considered as well
necessary to obtain pertinent information or if as other evaluations of public interest and need.
requested to do so. Individuals may request a It is helpful in the evaluation of a project if
public hearing as part of their comments within people with knowledge of the site comment
the 20-day comment period. The MDNR may specifically about its characteristics, including
determine that an application would have the birds, mammals, or fish they have seen
significant enough impact to warrant a public there. Information about other values of the
hearing even without a request. A local govern- wetland, including water quality values, is also
ment (with or without its own ordinance) may very helpful in evaluating the wetland. If the pro-
hold its own hearings on the application and ject would destroy or impair these wetland func-
has 45 days to comment to the MDNR. tions, that should be described in comments to
When a joint public notice is issued and a the MDNR. If the project would improve or
hearing is requested, the MDNR is the agency enhance these functions, that information will
most likely to conduct the hearing. The Corps also assist in the review of the project.
may or may not hold a hearing, depending on The MDNR staff visits each application site to
whether or not they feel the public comment determine the potential environmental impact
would aid them in the decision making process. from the proposed activity. If a project is com-
plicated, additional visits may occur. Any indivi-
dual or group commenting on an application
5.4 Evaluation of Permit Applications should have first-hand knowledge of the wetland
site's values and functions in order to determine
According to sections 9(1) and 9(4) of Act 203, the potential project impacts. Permission to visit
no permit can be issued unless (1) it is "other- the site must be obtained from the landowner
wise lawful"; (2) it is "necessary" - it meets a before entering any private property.
demonstrable need in the community; (3) it is in
the "public interest"; (4) an "unacceptable
disruption will not result to the aquatic
resources"; and (5) either a "less harmful feasi- 5.5 When the U.S. Army Corps of Engineers is In-
ble and prudent alternative" does not exist or volved
the "proposed activity is primarily dependent
upon being located in the wetland." As explained in Chapter 4.3, the Corps has
In determining whether these tests are met, a authority to issue permits for activities
prospective applicant should ask the following regulated under Section 10 of the River and
questions. Are there any feasible and prudent Harbor Act, and on wetlands adjacent to
alternative locations outside a wetland which navigable waters under Section 404 of the
could be used, including areas not presently Clean Water Act. In most cases along or near
under the applicant's control but reasonably ob- the Great Lakes, the Corps' jurisdiction
tainable? If not, are there alternatives on the site overlaps the MDNR's, and a "joint public
that would eliminate or minimize impacts to notice" is issued by the Corps based on a
wetlands? The Act does not allow issuance of a single application. Both agencies indepen-
permit unless the applicant has examined alter- dently review the application, and both must
natives and has demonstrated that those that reach a decision separately. Comments on
are available are not "feasible and prudent." applications are received by both agencies
Issues reviewed by the MDNR include the when a joint public notice is issued. Included
following: Has the applicant performed the with the joint notice is a description of the pro-
necessary analysis of alternatives and are the posal and sketches of the proposed activity. As
conclusions justified? If so, will the activity still with the MDNR notice, individuals usually have
cause an unacceptable amount of harm to the 20 days to file comments. To receive Army
water resources in the area, considering the Corps notices, write to:
Section 9 criteria? These criteria include: the ef-
fects on public and private uses of the wetland District Engineer
and on the wetland's natural benefits, the Detroit District
cumulative effects in relation to other existing U.S. Army Corps of Engineers
and anticipated activities in the watershed, the P.O. Box 1027
proximity to a waterway, the size of the wetland Detroit, MI 48231

The Corps also has the authority to issue approved permits that include mitigation for
general permits. Typically, if an activity is unavoidable losses and where the projects will
reviewed under an MDNR general permit, the otherwise not cause unacceptable disruption to
activity would qualify for a Corps general per- the aquatic resources, will be in the public in-
mit as well, although there may be some dif- terest, etc. In reviewing proposed mitigation
ferences in current categories. plans, the Department considers whether or not
the functions of the existing wetlands will be
replaced by the mitigation.
5.6 Decisions on Permit Applications

The MDNR has 90 days to make a decision
after receiving a complete application. The
public may request a hearing within 20 days of
the date the public notice is issued. If a public l
hearing is held, the 90 day period for a decision
begins after the hearing.
If a permit is issued, performance conditions
will be attached assuring that the activity will
be completed consistent with applicable law. If
a permit is not applied for when it should have
been, or if the permit is denied, going ahead
with the project is a violation of the law and
enforcement action may be pursued as described
in Section 4.1 above. Any aggrieved person dislik-.
ing the MDNR's decision on a permit may request
a formal hearing from the MDNR to review the
decision. If appeals to the MDNR are exhausted, _
then the matter may be taken to court.
If the local government denies a permit ap-
plication under its ordinance, the MDNR will
refuse to issue an Act 203 permit except where
developments with statewide or regional bene- CHAPTER 6 - VOLUNTARY WETLAND
fits are involved. A local decision to issue a per- PROTECTION AND BENEFITS
mit, however, is not binding on the MDNR if Act TO LANDOWNERS
203 standards would be violated. Local ordi-
nances have their own remedies for violations. Regulation of wetland use is typically the focus of
most wetland protection efforts. However, non-regu-
latory management techniques can play an impor-
5.7 Mitigation tant role in long-term wetland protection for the
following reasons. First, state and local wetland
The use of mitigation is becoming more and regulations contain exceptions for activities such as
more common as a component of applications agriculture or existing uses. Second, regulations
and permits. The term "mitigation" refers to: (1) can be changed by succeeding legislative bodies.
methods for eliminating or reducing potential The state wetland laws and local wetland zoning
damage or destruction to wetlands; (2) ways to are the basis of the wetland protection program. To
repair or restore unavoidable damage; and (3) be most effective, however, these regulations should
creation of wetlands to offset the loss. The be coordinated with non-regulatory techniques. Four
most common procedure is to compensate for such techniques are discussed here, including the
wetlands destroyed by creating wetland habitat pros and cons of each - land donation, conservation
on site or, where necessary, at another near- easements, deed restrictions, and purchase.
by location.
Wetland creation is an imperfect science. Land Donation - Where a private foundation or govern-
There is uncertainty as to whether humans can ment agency is interested, the most direct and effi-
duplicate complicated natural wetland systems. cient method of wetland protection is through land
The MDNR and the Corps do not issue permits donation. A donor's gift of land is tax deductible if it is
based on mitigation plans. They consider the made to a statewide or local land trust, governmental
total impact of the proposal without the possl- entity, or any other nonprofit, charitable organization
ble compensation. However, both agencies have under Section 501(c)(3) of the Internal Revenue Code.

Each donation of land has different tax advantages for land is not managed according to the restriction, the
different individuals. Different types of taxes, e.g. real property must be returned to the original owner or to
property taxes, gift taxes, or income taxes, are a third party, such as a non-profit land trust or
affected d if ferently in each situation. Landowners con- government body.
sidering donation of wetland property may wish to
retain a tax attorney or accountant to analyze the
benefits in their particular situation.

Conservation Easements - Conservation easements
can be used to transfer certain rights and privileges
concerning the use of land or a body of water to a .
non-prof it organization, governmental body, or other ~/i
legal entity without transferring title to the land. In '
Michigan, Public Act No. 197 of 1980, the Conserva-
tion and Historic Preservation Easement Act,
(M.C.L.A. 399.251 et. seq.) authorizes the creation of
voluntary conservation easements. A conservation
easement under Act 197 can provide limitations on
the use of, or can prohibit certain acts on, a parcel of
land or body of water. The interest can be in the form
of a restriction, easement, covenant, or a condition 1
contained in either a dead, will, or other instrument.
The easement should require that the land or body of
water be retained or maintained in its natural,
scenic, or open condition, or in a specific use such
as agriculture, open space, or forest.
The easement is enforceable against the property
owner even if the party seeking enforcement was not
a party to the original conveyance or contract. The Purchase of Wetland Property - Acquisition of wet-
easement is considered a conveyance of real proper- land property is a straightforward, hopefully perma-
ty and must be recorded with the register of deeds in nent, protection method. The purchaser should con-
the appropriate county to be effective against a sider all the options, i.e., purchase of fee simple
subsequent purchaser of the property who had no title, easements and development rights, bargain
notice of the easement. sales, and other purchasing methods. A fee simple
As with land donations, the granting of a conser- purchase provides the purchaser with more perma-
vation easement may have tax implications. Again, nent control and protection, but a less than fee sim-
persons considering granting a conservation ease- ple purchase (such as purchase of an easement or
ment should contact an attorney or accountant for development rights) has advantages also. First, a
an analysis of possible tax benefits, as well as their less than fee purchase is less costly, and second,
local government for information about zoning, etc. the original owner retains title and continues to pay
A particular type of easement is authorized under taxes so the local community does not lose its tax
the Farmland and Open Space Preservation Act, P.A. bass (although the assessment may be reduced).
116 of 1974, which offers tax reductions for land- Innovative purchasing methods should be con-
owners who agree not to develop open space land. sidered by the purchaser. The bargain sale provides
These easements are subject to the approval of the large tax incentives to the seller while reducing the
local government. Contact the MDNR Land and purchase price for the buyer. Option contracts may
Water Management Division for more information. also be useful mechanisms.
The following is a list of several possible sources
of funds for wetland purchases:
Deed Restrictions - Clauses placed in deeds restric-
ting the future use of land can prohibit uses or ac- 1. Michigan Natural Resources Trust Fund - this
tivities by the new owners that would destroy, fund is a possible source of money to purchase
damage, or modify wetlands. The Conservation and choice recreational, scenic, and environmentally
Historic Preservation Easement Act allows for deed important land here in Michigan. Application
restrictions along with easements. must be made to the fund for approval by April 1
When land is donated or devised, the donor may of each year, and can be obtained from the
include a reverter clause that provides that, if the MDNR Recreation Services Division.

2. Michigan Duck Stamp Program - funds from sale involvement with the project.
of stamps and proceeds from the contest go to The Skegemog Lake Wildlife Area located in Kal-
purchase of wetlands by the State. Contact the kaska County is another example of a wetland pur-
MDNR Wildlife Division. chase project. A few of the organizations involved in
the Skegemog project are the Kalkaska Soil Conser-
3. Private sources-donations from private indivi- vation Commission, the Elk-Skegemog Lakes
duals or corporations in the form of specific pro- Association, The Nature Conservancy, and
perty or money. This would include grassroots numerous individuals. The Michigan Land Trust
fundraising efforts from local citizens, lake Fund provided some of the funding for purchase.
associations, and other community groups. Both of these projects were made possible by
dedicated local citizens who initiated the efforts.
4. The Michigan Nature Conservancy, Michigan The grassroots education and involvement of
Nature Association, Ducks Unlimited, local land numerous agencies and organizations was also key
trusts, and sometimes local governments can be to their success. Following these models in other
potential funding sources. The Michigan Nature parts of the state will help preserve valuable wetland
Conservancy maintains a list of local land trusts habitats for future generations.
and how they can be contacted.

5. Federal funding sources-
a. Land and Water Conservation Fund -
f ,ids are given to the state to buy
open space lands which may contain
wetlands. Contact the MDNR Office '.. ;
of Budget and Federal Aid.

b . U.S. Fish and Wildlife Service grants
under the Pittman-Robertson Act-
funds are given to the state for acqui- ...: . A-'
sition of wildlife areas and wildlife
restoration. Funds are from a tax on
ammunition and weapons. Contact
the MDNR Wildlife Division.

c. DIngell-Johnson monies to states to
cover 75% of the cost of fish restora-
tion and management projects. Con-
tact the MDNR Fisheries Division.

d . Coastal Zone Management Act - this
Act provides funds for limited acqui-
sition of estuarine sanctuaries and SUMMARY
may be appropriate on the Great
Lakes. Contact the MDNR Land and With the support and involvment of citizens and
Water Management Division. private organizations, and state, federal, and local
governments, we can continue to seek ways to best
protect our valuable wetland resources. Our
The Grass River Natural Area (GRNA) in Antrim understanding of the public benefits inherent in
County is an example of a successful cooperative these resources continues to grow as does our
wetland purchase effort. The GRNA is approximately knowledge of the losses and expenses suffered by
1,000 acres and is managed by a nonprofit organiza- the public as these areas have been destroyed. It is
tion along with the Antrim County Board of Commis- hoped that the information provided here will add to
sioners. With the assistance of The Nature Conser- an understanding of the regulatory and non-
vancy and the Soil Conservation Service, about 1,000 regulatory processes available for protecting
acres of land were acquired by purchase, by direct wetlands and will assist those that become involved
donation from individuals, and by transfer from the in wetland issues or permit processes. For further in-
State of Michigan and the Department of Natural formation, contact the Wetland Protection Unit,
Resources. The Three Lakes Association was the Land and Water Management Division, Michigan
original sponsor of the project and has continued its Department of Natural Resources.

FOR FURTHER READING

A Guide to Michigan's Watercourse and Wetland
Protection Laws, 1981, East Michigan Environmen-
tal Action Council, Birmingham, MI. .

The Audubon Society Nature Guides: Wetlands,
1985, William A. Niering, Alfred A. Knopf, New York, NY.

Wetland Plants of the State of Michigan, 1986,
Porter B. Reed, Jr., National Wetlands Inventory, St.
Petersburg, FL.

Wetlands of the United States: Current Status and
Recent Trends, 1984, Ralph W. Tiner, U.S. Fish and
Wildlife Service, Newton Corner, MA.

Michigan Wetlands; Yours to Protect, 1987, Tip of
the Mitt Watershed Council, Conway, MI.

z
(iii) Not contiguous to the Great Lakes, an inland lake or pond, or a river or stream; and 5 acres or less 0
in size if the department determines that protection of the area is essential to the preservation of the natural
resources of the state from pollution, impairment, or destruction and the department has so notified the
owner; except this subdivision may be utilized regardless of wetland size in a county in which subdivision >
(ii) is of no effect; except for the purpose of inventorying, at the time.

Sec. 3. (1) The legislature finds that:
(a) Wetland conservation is a matter of state concern since a wetland of 1 county may be affected by
Act No. 203 acts on a river, lake, stream, or wetland of other counties.
Public Acts of 1979 (b) A loss of a wetland may deprive the people of the state of some or all of the following benefits to be
Approved by Governor derived from the wetland:
January 3, 1980 (i) Flood and storm control by the hydrologic absorption and storage capacity of the wetland.
(ii) Wildlife habitat by providing breeding, nesting, and feeding grounds and cover for many forms of
wildlife, waterfowl, including migratory waterfowl, and rare, threatened, or endangered wildlife species.
(iii) Protection of subsurface water resources and provision of valuable watersheds and recharging
ground water supplies.
(iv) Pollution treatment by serving as a biological and chemical oxidation basin.
STATE OF MICHIGAN (v) Erosion control by serving as a sedimentation area and filtering basin, absorbing silt and organic
STATE OF MICHIGAN matter.
80TH LEGISLATURE (vi) Sources of nutrients in water food cycles and nursery grounds and sanctuaries for fish.
REGULAR SESSION OF 1979 (c) Wetlands are valuable as an agricultural resource for the production of food and fiber, including
certain crops which may only be grown on sites developed from wetland.
Introduced by Senators Kammer, Hertel, Allen, G. Hart, Pierce, Corbin, Plawecki, Monsma, Kelly, Ross (d) That the extraction and processing of nonfuel minerals may necessitate the use of wetland, if it is
and Faust determined pursuant to section 9 that the proposed activity is dependent upon being located in the wetland,
and that a prudent and feasible alternative does not exist.

ENROLLED SENATE BILL No. 3 (2) In the administration of this act, the department shall consider the criteria provided in subsection

AN ACT to provide for the preservation, management, protection, and use of wetlands, to require Sec. 4. The department may enter into an agreement to make contracts with the federal government,
pernits to alter certain wetlands; to provide for a plan for the preservation, management, protection, and other state agencies, municipalities, private agencies, or persons for the purposes of making studies for the
use of wetlands; and to provide remedies and penalties. efficient preservation, management, protection, and use of wetland resources. A study shall be available as
a public record for distribution at cost as provided in section 4 of Act No. 442 of the Public Acts of 1976,
The People of the State of Michigan enact: being section 15.234 of the Michigan Compiled Laws.

Sec. 1. This act shall be known and may be cited as the "GCoesmaere-Anderson wetland protection act". Sec. 5. Except as otherwise provided by this act or by a permit obtained from the department under
sections 7 to 12, a person shall not:
Sec. 2. As used in this act: (a) Deposit or permit the placing of fill material in a wetland.
(a) "Department" means the department of natural resources. (b) Dredge, remove, or permit the removal of soil or minerals from a wetland.
(b) "Director" means the director of the department of natural resources: (c) Construct, operate, or maintain any use or development in a wetland.
(c) "Fill material" means soil, rocks, sand, waste of any kind, or any other material which displaces soil (d) Drain surface water from a wetland.
or water or reduces water retention potential.
(d) "Minor drainage" includes ditching and tiling for the removal of excess soil moisture incidental to Sec. 6. (1) Activities which require a permit under Act No. 247 of the Public Acts of 1955, as amended,
the planting, cultivating, protecting, or harvesting of crops or improving the productivity of land in being sections 322.701 to 322.715 of the Michigan Compiled Laws, or Act No. 346 of the Public Acts of 1972,
established use for agriculture, horticulture, silviculture, or lumbering. being sections 281.951 to 281.965 of the Michigan Compiled Laws, shall not require a permit under this act.
(e) "Municipality" means a city, village, township, or county. (2) The following uses shall be allowed in a wetland without a permit subject to other laws of this state
(f) "Person" means an individual, sole proprietorship, partuership, corporation, association, municipali- and the owner's regulation:
ty, this state, and instrumentality or agency of this state, the federal government, or an instrumentality or (a) Fishing, trapping, or hunting.
agency of the federal government, or other legal entity. (b) Swimming or boating.
(g) "Wetland" means land characterized by the presence of water at a frequency and duration sufficient (c) Hiking.
to support and that under normal circumstances does support wetland vegetation or aquatic life and is (d) Grazing of animals.
comimsonly referred to as a bog, swamp, or marsh and which is any of the following: (e) Farming, horticulture, silviculture, lumbering, and ranching activities, including plowing, irrigation,
(i) Contiguous to the Great Lakes or Lake St. Clair, an inland lake or pond, or a river or stream. irrigation ditching, seeding, cultivating, minor drainage, harvesting for the production of food, fiber, and
(ii) Not contiguous to the Great Lakes, an inland lake or pond, or a river or stream; and more than 5 forest products, or upland soil and water conservation practices.
acres in size; except this subdivision shall not be of effect, except for the purpose of inventorying, in (f) Maintenance or operation of serviceable structures in existence on the effective date of this act or
Coeounties of less than 100,000 population until the department certifies to the commission of natural resources constructed pursuant to this act.
it has substantially completed its inventory of wetlands in that county.
( g80) or maintenance of farm or stock ponds.
(80) 2

(h) Mamintenance operation, or improvement which includes straightening widening or deepenming of apply is located Notice of the hearing shall be made min the same manner as for the pronulgation of rules
the following which is necessary for the production or harvesting of agricultural products under Act No 306 of the Public Acts of 1969 as amended being sections 24 201 to 24 315 of the Michlgan
(i) An existing private agricultural drain Compiled Laws rhe department may approe or disapprove a permit application without a public hearing
unless a person requests a hearing in writing within 20 days after the mailing of notificatlon of the permit
(it) That portion of a dram legally established pursuant to Act No 40 of the Public Acts of 1956 as application as required b subsection (3) or the department determmines that the pernit application is of
amended, being sections 280 1 to 280 630 of the Michigan Compiled Laws which has been constructed or significant impact to v arrant a public hearing
improved for drainage purposes
() A dra constructed pursuant to other provisions of this act (2) If a hearing is not held the department shall approve or disapprove the permit application within 90
da s after the completed permit application is filed with the department If a hearing is held the
(I) Construction or maintenance of farm roads forest roads, or temporary roads for moving minimmg or department shall approve or disapprove the permit application wlthmin 90 days after the conclusion of the
forestry equipment, If the roads are constructed and maintained in a manner to assure that any adverse hearing '1 he department may approve a permit apphlicatlon request modifications min the application or
effect on the wetland will be otherwise minimized deny the permit application If the department approves the permit application the department shall
(k) Drainage necessary for the production and harvesting of agricultural products if the wetland is prepare and send the permit to the applicant If the department denies or requests a modification of the
owned by a person who is engaged min commercial farming and the land is to be used for the production and pernmit application the department shall send notice of the denial or modification request and the reasons
harvesting of agricultural products Except as otherwise provided in ths act land improved under this for the denial or the modificatlons requested to the apphlicant Department approval may include the
subdivision after the effective date of this act shall not be used for nonfarming purposes without a permit issuance of a permit containimmg conditions necessary for compliance with this act If the department does
from the department This subdivision shall not apply to a wetland which is contiguous to a lake or stream, not approve or disapprove the permit application within the time provided by this subsection the permit
or to a tributary of a lake or stream, or to a wetland which the department has determined by clear and application shall be considered approved and the department shall be considered to have made the
convincing evidence to be a wetland which is necessary to be preserved for the public interest min which determinations required by section 9 The action taken by the department may be appealed pursuant to Act
case a permit shall be required No 306 of the Public Acts of 1969 as amended A property owner may after exhaustion of administrative
(1) Maintenance or improvement of pubhlic streets highways or roads within the right of way and in remedies brng appropriate legal action in a court of competent ursdiction
such a manner as to assure that any adverse effect on the wetland will be otherwise minimized (3) A person who desires notificatlon of pending permit applicatlons may make a written request to the
Maintenance or improvement does not include adding extra lanes mincreasming the right of way or devlatming department accompanied by an annual fee of $25 00 which shall be credited to the general fund of the state
from the existing location of the street highway or road I lie department shall prepare a biweekly list of the applications made during the previous 2 weeks and
(min) Maintenance repair or operation of gas or oil plpelines and construction of gas or oil pipelines shall promptly mall copies of the hlist for the remainder of the calendar year to the persons who requested
having a diameter of 6 inches or less, if the pipelines are constructed maintained or repaired in a manner to notice The biweekly list shall state the name and address of each applicant the location of the wetland min
assure that any adverse effect on the wetland will be otherwise minimized the proposed use or development including the size of both the proposed use or development and of the
(n) Maintenance repair, or operation of electric transmission and distribution power lines and wetland afected and a summary statement of the purpose of the use or development
construction of distribution power lines if the distrlbution power lines are constructed maintained or (4) A municipality, by ordminance may provide for more stringent definition and regulation of wetland
repaired min a manner to assure that any adverse effect on the wetland will be otherwise minimized than is provided under this act This subsection is supplemental to the existing authority of a municlpality to
(o) Operation or maintenance mincludming reconstruction of recently damaged parts of serviceable dikes protect wetland Each municipality which adopts an ordinance regulating wetlands shall notify the
and levees min existence on the effective date of this act or constructed pursuant to this act department The department shall develop an agreement with each municipality which has an ordinance
regulating wetlands The agreement shall provide for an exchange of information with the department
(p) Construction of ron and copper m g tags bass and water storage areas including information regarding the environmental impact of each proposed use or development on
(3) After the effective date of this act but immediately prior to the approval of a state program under wetlands the proposed decision on each application for a proposed use or development on wetlands and
section 404 of title 4 of the clean water act of 1977 33 U S C 1344 where a prolect solely involves the other information that may assist the municlpahlity min administerming its ordinance 1 he agreement shall
discharge of fill material sublect to the individual permit requirements of section 404 of title 4 of the clean provide that the department shall not issue a permit if the munlclpality has denied permlssion for the permit
water act of 1977, 33 U S C 1344 an additional permit shall not he required by this act under its ordinances unless the permit involves a use or development of regional or statewide public
benefit rhe agreement shall require that the munlclpality use an application form supplied by the
Sec 7 (1) Except as provided in section 8(4) to obtain a permit for a use or development listed min department and that each person applying for a permit make application directly with the municipality
section 5 the person desiring the permit shall file an applicatlon with the department on a form provided Upon receipt the municipality shall forward a copy of each application to the department The department
by the department accompanied by a fee of $25 00 A person who has a permit for the particular activity shall begin reviewing the apphlicatlon as provided in this act '1 he munlclpality shall review the application
under Act No 346 of the Public Acts of 1972 or Act No 61 of the Public Acts of 1939 as amended being pursuant to its ordminance and shall modify approve or denN the application wlthmin 60 days after receipt
sections 319 1 to 319 27 of the Michigan Compiled Laws does not need to pay the fee prescribed by this 1he department shall iform any interested person whether a municipahlity has an ordinance regulating
subsection The application shall include setlands If the department receives an application with respect to a wetland which is located min a
~~~~~~~(a) The person s name and address ~municipalIt) which has an ordinance regulating wetlands the department immediately shall forward the
(b) The location of the wetland aapplication to the municlpallty which shall modify deny, or approve the apphlicatlon under this subsection
1 he municipality shall notify the department of its decision The department shall proceed as provided in
(c) A description of the wetland on which the use or development is to be made this act
(d) A statement describing the proposed use or development (5) If a municipality does not have an ordinance regulating wetlands, the department shall promptly
(e) The wetland owner s name and address %end a copy of the permit application to the municipality where the wetland is located The municipality
(f) An environmental assessment on a form supplied by the department of the proposed use or lna} review the apphlicatlon, ma) hold a hearing on the application and may recommend approval
development if requested by the department which shall include effects upon wetland benefits and the modification or denial of the application to the department The recommendations of the municipality shall
bemodhcatlnd ordeunia te apcto to the department wThe recmmedations of the munlclpahlty rci o shallrmi
effects upon the water quality flow and levels and the wildlife fish and vegetation within a contiguous be made and returned to the department ithin 45 days after the municipality s receipt of the permit
lake, river, or stream application The department shall approve modify or deny the apphlicatlon as provided min this act
(2) For the purposes of subsection (1) a proposed use or development of a wetland shall be considered Sec 9 (1) A permit for an activity sted in section 5 shall not be approved unless the department
as asinle ermt aplictio uner hisact f te sopeextnt ad prpoe o a se o deelomen ar8Se 9 (1) A permit for an activity listed mn section 5 shall not be approved unless the department
as a single permit application under this act if the scope extent and purpose of a use or development are determines that the issuance of a permit is in the pubhlic in terest that the permit is necessary to reahlize the
made known at the time of the appliation for the permit benefits derived from the activlt' and that the activity is otherwise lawful
Sec 8 (1) Within 60 days after receipt of the completed application and fee the department may hold (2) In determining whether the activity is min the public interest, the benefit which reasonably niay be
a hearing If a hearing is held it shall be held min the county where the % etland on which the permit is to expected to accrue from the proposal shall be balanced against the reasonably foreseeable detriments of the
3 4

activity. The decision shall reflect the national and state concern for the protection of natural resources from (2) An order issued under subsection (1) shall state with reasonable specificity the nature of the violation
pollution, impairment, and destruction. The following general criteria shall be considered: and shall specify a time for conmpliance, not to exceed 30 days, which the department determines is
(a) The relative extent of the public and private need for the proposed activity. reasonable, taking into account the seriousness of the violation and good faith efforts to comply with
applicable requlirements.
(b) The availability of feasible and prudent alternative locations and methods to accomplish the applicable requirements.
expected benefits from the activity.
~~~~~~~expected benefits from the activity. ~Sec. 14. (1) The attorney general may commence a civil action for appropriate relief, including
(c) The extent and permanence of the beneficial or detrimental effects which the proposed activity may injunctive relief upon request of the department under section 13(1). An action under this subsection may
have on the public and private uses to which the area is suited, including the benefits the wvetland Provides. be brought in the circuit court for the county of Ingham or for a county in which the defendant is located,
(d) The probable impact of each proposal in relation to the cumulative effect created by other existing resides, or is doing business. The court has jurisdiction to restrain the violation and to require compliance
and anticipated activities in the watershed. with this act. In addition to any other relief granted under this section, the court may impose a civil fine of
(e) The probable impact on recognized historic, cultural, scenic, ecological, or recreational values and not more than $10,000.00 per day of violation. A person who violates an order of the court shall be subject
on the public health or fish or wildlife. to a civil fine not to exceed $10,000.00 for each day of violation.
~~(f) T~he size of the wetland being considered. ~(2) A person who violates this act is guilty of a misdemeanor, punishable by a fine of not more than
(f) ~~l'he size of the wetland being considered. ~~$2,500.00.
(g) The amount of remaining wetland in the general area.
~~~~~~~~~~(h) Proxim~ity to any waterway. ~(3) A Ipersun whlo wilfully or recklessly violates a condition or limitation in a permit issued by the
department under this act, or a corporate officer who has knowledge of or is responsible for a violation, is
(i) Economic value, both public and private, of the proposed land change to the general area. guilty of a miisdemieanor, punishable by a fine of not less than $2,500.00 nor more than $25,000.00 per day of
(3) In considering a permit application, the department shall give serious consideration to findings of violation, or by imprisonment for not more than 1 year, or both. A person who violates this section a second
necessity for the proposed activity which have been made by other state agencies, or subsequent time is guilty of a felony, punishable by a fine of not more than $50,000.00 for each day of
(4) A permit shall not be issued unless it is shown that an unacceptable disruption will not result to the violation, or by imiprisonnent for not more than 2 years, or both.
aquatic resources. In determining whether a disruption to the aquatic resources is unacceptable, the criteria (4) In addition to the penalties provided under subsections (1), (2), and (3), the court may order a
set forth in section 3 and subsection (2) shall be considered. A permit shall not be issued unless the applicant person who violates this act to restore as nearly as possible the wetland which was affected by the violation,
also shows either of the following: to its original condition immediately before the violation. The restoration may include the removal of fill
(a) The proposed activity is primarily dependent upon being located in the wetland. material deposited in the wetland or the replacement of soil, sand, or minerals.
(b) A feasible and prudent alternative does not exist.
Sec. 15. 'The fees and civil fines collected under this act shall be deposited in the general fund of the
state.
Sec. 10. (1) The department, after notice and opportunity for a public hearing, may issue general state.
permits on a state or county basis for a category of activities if the department determines that the activities
are similar in nature, will cause only minimal adverse environmental effects when perforoed separately Sec. 16. If a permit is denied for a proposed wetland activity, the landowner may request a revaluation
and will have only minimal cumulative adverse effect on the environment. A general permoit issued under of the affected property for assessment purposes to determine its fair market value under the use restriction.
this subsection shall be based on the requirements of this act and the rules promulgated under this act, and
shall set forth the requirements and standards which shall apply to an activity authorized by the general Sec. 17. (1) The department shall promulgate and enforce rules to implement this act pursuant to Act
permit. No. 306 of the Public Acts of 1969, as amended.
(2) The department may impose conditions on a permit for a use or development if the conditions are (2) If a person is aggrieved by any action or inaction of the department, the person may request a
designed to remove an impairment to the wetland benefits, to miitigate the impact of a discharge of fill formal hearing on the matter involved. The hearing shall be conducted by the department pursuant to Act
material, or to otherwise improve the water quality. No. 306 of the Public Acts of 1969, as amended.
(3) The department may establish a reasonable time when the construction, development, or use is to be (3) A determination, action, or inaction by the department following the hearing shall be subject to
completed or terminated. A general permit shall not be valid for more than 5 years. judicial review as provided in Act No. 306 of the Public Acts of 1969, as amended.
(4) This section does not limit the right of a wetland owner to institute proceedings in any circuit of the
Sec. 11. (1) A general permit may be revoked or modified if, after opportunity for a public hearing or circuit court of the state against any person when necessary to protect the wetland owner's rights.
a contested case hearing under Act No. 306 of the Public Acts of 1969, as amended, the department
determines that the activities authorized by the general permit have an adverse impact on the environment Sec. 18. (1) As inventories of wetland are completed, the inventories shall be used as 1 of the criteria by
or the activities would be more appropriately authorized by an individual permit. the department in issuing permits. The inventories shall be periodically updated. The maps, ground surveys,
(2) A permit may be terminated or modified for cause, including: and descriptions of wetlands included in the inventories shall be submitted to the respective county register
(a) A violation of a condition of the permit. of deeds and shall become a public document available to review by any member of the public.
(b) Obtaining a permit by misrepresentation or failure to fully disclose relevant facts. (2) Aerial photographs and satellite telemetry data reproductions shall be made available to the
respective county register of deeds for cost as determined by the department.
(c) A change in a condition that requires a temporary or permanent change in the activity. respective cuty register of deeds for cost as determined by the department
Sec. 19. (1) The department shall make or cause to be made a preliminary inventory of all wetland in
Sec. 12. (1) The department shall require the holder of a permit to provide information the department this state on a county by county basis and file the inventory with the agricultural extension office, register of
reasonably requires to obtain compliance with this act. deeds, and county clerk.
(2) Upon reasonable cause or obtaining a search warrant, the department may enter on, upon, or (2) At least 2 hearings shall be held in each state planning and development region created by Executive
through the premises on which an activity listed in section 5 is located or on which information required to Directive No. 1973-1. The hearing shall be held by the department after publication and due notice so that
be maintained under subsection (1) is located. interested parties may comment on the inventory. After the hearings the department shall issue a final
inventory which shall be sent and kept by the agricultural extension office, register of deeds, and county
Sec. 13. (1) If, on the basis of information available to the department, the department finds that a clerk. Legislators shall receive an inventory of a county or regional classification for their districts including
person is in violation of this act or a condition set forth in a permit issued under section 9 or 10, the both preliminary and final inventories unless the legislators request not to receive the materials.
department shall issue an order requiring the person to comply with the prohibitions or conditions or the (3) Before an inventory is made of a county,.interested persons may request the department to inspect
department shall request the attorney general to bring a civil action under section 14(1).

5 6

property and the department shall make a written wetland determilation I ht de t i llitnll sn h dill he Iliade
within a reasonable time after the request Completion of the mins ntorN shall not (itsl 1\l ni Iot. lit ition of
this act

See 20 As wetland inventories are completed as specified in sectlon 19 oxw nlis of r( cord as identified
by the current property tax roll shall be notified of the possihklbl ch tnge il thi statul of tih ir property
Notification shall be printed on the next property tax bill mailed to plropltrt) owxners in the co.unth It shall
contain mformation specifying that a wetland inventory has been comlpleted and is o tilt with the
agricultural extension office, register of deeds and county clerk and that propert oi\ tn ils 1111) bi subject
to regulation under this act

See 21 (1) This act shall not be construed to abrogate rights or authorits othc rxw lt prOlsdt lh h) law
(2) For the purposes of determining if there has been a taking of protli it) w ithout Jlust colimpensation
under Michigan law an owner of property who has sought and been donied i p.riltlt or h is been made
subject to modifications or conditions in the permit under this act or the dip irtnient s aetliot or in letion
pursuant to this act may file an action in a court of competent lurisdiction
(3) If the court determines that an action of the department puisuanlt to this act comlstltltt a t kming of
the property of a person then the court shall order the department at tht dt partllmlnt optln to do one or
more of the following
(a) Compensate the property owner for the full amount of tit lst x itle
(b) Purchase the property in the public interest as determined before its xdalt( n t iftt to l b) this act
or the departments action or inaction pursuant to this act
(c) Modify its action or inaction with respect to the property so is to minimnz/ti tlit do t, mi nittal affect to
the property s value
(4) For the purposes of this section the value of the propert) nlax not c\cctcd that %sit ie hlch the area
in dispute occupies in the total parcel of land of the state equallztd u titi ition otf tht total parcel
multiphlied by 2, as determined by an inspection of the most recent assessment roll of thf tosnshilp or city in
which the parcel is located

Sec 22 This act shall take effect October 1 1980

This act is ordered to take immediate effect

Stretir otf thlt Senate

( lerk of thf It11(hs of l:tlpirultatntat

Approved

Governor

2
-u
-u
m
(iii) A natural or permanent artificial pond that has permanent open water Z
with a surface area that is more than 1 acre, but less than 5 acres. This does not
DEPARTMENT OF NATURAL RESOURCES include ponds constructed by excavating or diking dry land and maintained for the
sole purpose of cooling or storing water and does not include lagoons used for treating W
LAND AND WATER MANAGEMENT DIVISION polluted water.
(f) "Minor activities" means activities that are similar in nature, that will
WETLAND PROTECTION cause only minimal adverse environmental effects when performed separately,
and that will have only minimal cumulative adverse effects on the environment.
(g) "Wetland vegetation" means plants that exhibit adaptations to allow,
under normal conditions, germination or propagation and to allow growth with at
Filed with the Secretary of State on June 22, 1988 least their root systems in water or saturated soil.
(2) As used in the act:
These rules take effect 15 days after filing with the Secretary of State (a) "Electric distribution line" means underground lines below 30 kilovolts
and lines supported by wood poles.
(By authority conferred on the department of natural resources by section 17 of (b) "Electric transmission line" means those conductors and their necessary
Act No. 203 of the Public Acts of 1979, being �281.717 of the Michigan Compiled supporting or containing structures located outside of buildings that are used for
Laws) transmitting a supply of electric energy, except those lines defined in subdivision
(a) of this subrule.
R 281.921 Definitions. (c) "Pipelines having a diameter of 6 inches or less" means a pipe which
Rule 1. (1) As used in these rules: is equal to or less than what is commonly referred to as a 6-inch pipe and which
(a) "Act" means Act No. 203 of the Public Acts of 1979, being �281.701 has an actual measured outside diameter of less than 6.75 inches.
et seq. of the Michigan Compiled Laws. (3) Terms defined in the act have the same meanings when used in these
(b) "Contiguous" means any of the following: rules.
(i) A permanent surface water connection or other direct physical contact
with an inland lake or pond, a river or stream, one of the Great Lakes, or Lake R 281.922 Permit applications.
St. Clair. Rule 2. (1) An application for a permit shall be made on a form prescribed
(ii) A seasonal or intermittent direct surface water connection to an inland and provided by the department.
lake or pond, a river or stream, one of the Great Lakes, or Lake St. Clair. (2) An application for a permit shall not be deemed as received or filed
(iii) A wetland is partially or entirely located within 500 feet of the ordinary until the department has received all information requested on the application
high watermark of an inland lake or pond or a river or stream or is within 1,000 form, the application fee, and other information authorized by the act and necessary
feet of the ordinary high watermark of one of the Great Lakes or Lake St. Clair, to reach a decision. The period for granting or denying an application begins as
unless it is determined by the department, pursuant to R 281.924(4), that there soon as all such information and the application fee are received by the department.
is no surface water or groundwater connection to these waters. (3) Application fees shall be submitted to the department with the initial
(iv) Two or more areas of wetland separated only by barriers, such as dikes, submittal of an application form. The fee shall be paid by check, money order,
roads, berms, or other similar features, but with any of the wetland areas contiguous or draft made payable to: "State of Michigan."
under the criteria described in paragraph (i), (ii), or (iii) of this subdivision. (4) An application may be considered to be withdrawn and the file for the
The connecting waters of the Great Lakes, including the St. Marys, St. Clair, application may be closed if an applicant fails to respond to any written inquiry
and Detroit rivers, shall be considered part of the Great Lakes for purposes of or request from the department for information requested as a part of the application
this definition. form within 30 days of the request or such longer period of time as needed by the
(c) "General permit" means a permit which, as authorized by section 10 applicant to provide the information agreed to, in writing, between the applicant
of the act, is issued for categories of minor activities, as defined in subdivision and the department.
(f) of this subrule. (5) Upon request, the department shall provide any person with a copy
(d) "Individual permit" means a permit which, as authorized by sections of a permit application and supporting documents consistent with all provisions
7, 8, and 9 of the act, is issued for categories of activities that are not classified of Act No. 442 of the Public Acts of 1976, as amended, being �15.231 et seq. of
as minor. the Michigan Compiled Laws.
(e) "Inland lake or pond, a river or stream" means any of the following: (6) Decisions reached by the department which deny or modify an application
(i) A river or stream which has definite banks, a bed, and visible evidence for a permit shall be supported by written documentation to the applicant based
of a continued flow or continued occurrence of water. upon the applicable criteria contained in section 9 of the act. The department
(ii) A natural or permanent artificial inland lake or impoundment that has shall create a form based on the criteria from section 9 of the act to be completed
definite banks, a bed, visible evidence of a continued occurrence of water, and and placed into each application file. When a proposed activity involves a
a surface area of water that is more than 5 acres. This does not include lakes coordinated review by federal agencies as provided for under the act and section
constructed by excavating or diking dry land and maintained for the sole purpose 404 of title 4 of the clean water act of 1977, 33 U.S.C. �1344, the department
of cooling or storing water and does not include lagoons used for treating polluted shall prepare a fact sheet pursuant to 40 C.F.R. �124.8 (April 1, 1983) and 40 C.F.R.
water. �233.39 (April 1, 1983) for inclusion in the application file.

3 4

R 281.923 Permits. (2) When performing wetland determinations, the department shall rely
Rule 3. (1) An application for a proposed activity which is within a general on visible evidence that the normal seasonal frequency and duration of water is
permit category may be processed and issued by the department without the noticing above, at, or near the surface of the area to verify the existence of a wetland.
or hearings specified under sections 7, 8, and 9 of the act. The department may Under normal circumstances, the frequency and duration of water that is necessary
process, by public notice, an application which would normally qualify under a general to determine an area to be a wetland will be reflected in the vegetation or aquatic
permit category to allow more opportunity for public review and comment. life present within the area being considered. A wetland that has not been recently
Categories of minor activities will be established in the general permit in accordance or severely disturbed will contain a predominance, not just an occurrence, of wetland
with section 10 of the act. The factors set forth in sections 3 and 9 of the act vegetation or aquatic life. Where there is a predominance of wetland vegetation,
shall be considered in determining whether such a permit is in the best interest and no direct visible evidence that water is, or has been, at or above the surface,
of the public. the department shall use the following characteristics of the soils or substrate
(2) Applications for activities that are not classified as minor shall be to verify the existence of a wetland:
reviewed through the process prescribed under sections 7, 8, and 9 of the act. (a) The presence of a soil that is saturated, flooded, or ponded long enough
The department may issue an individual permit 21 days after the mailing of during the growing season to develop anaerobic conditions in the upper part of
notification of the permit application if comments of nonobjection have been the soil that favor the growth and regeneration of wetland vegetation.
received from the municipality, if a public hearing has not been requested, and (b) Physical or chemical characteristics of a soil column which provide
if the proposed activities are otherwise in accordance with the act. evidence of the current and recent degree of saturation or inundation.
(3) If the department does not approve or disapprove the permit application Characteristics, such as gleying, low chroma mottling, or chemically demonstrated
within the time provided by section 8(2) of the act, the permit application shall anaerobic conditions, can be utilized to identify the current and recent depth and
be considered approved and the department shall be considered to have made the fluctuation of the water table or inundation.
determination required by section 9 of the act. (3) If the department makes a determination that a wetland otherwise
(4) When a project involves activities regulated under Act No. 247 of the outside of the jurisdiction of the act is essential to the preservation of the natural
Public Acts of 1955, as amended, being �322.701 et seq. of the Michigan Compiled resources of the state under section 2(g)(iii) of the act, it shall provide such findings,
Laws, or Act No. 346 of the Public Acts of 1972, as amended, being �281.951 et in writing, to the legal landowner stating the reasons for this determination. In
seq. of the Michigan Compiled Laws, or the act, the applicant shall submit 1 making such a determination, 1 or more of the following functions shall apply to
application for all activities regulated under these acts. Only 1 permit for these a particular site:
activities will be issued or denied by applying the criteria of the appropriate acts. (a) It supports state or federal endangered or threatened plants, fish, or
If a permit is issued, conditions shall reflect the requirements of all appropriate wildlife appearing on a list specified in section 6 of Act No. 203 of the Public
acts. Acts of 1974, being �299.226 of the Michigan Compiled Laws.
(5) A permit may be issued for a period extending until the end of the (b) It represents what the department has identified as a rare or unique
following calendar year. A permit may be issued for a longer period of time if ecosystem.
agreed to, in writing, between the applicant and the department. Before a permit (c) It supports plants or animals of an identified regional importance.
expires, extensions of time may be granted by the department upon receipt of a (d) It provides groundwater recharge documented by a public agency.
written request from the permit holder explaining why such an extension is needed (4) Upon the request of a property owner or his or her agent, the department
to complete the project. Up to two 12-month extensions shall be granted if there shall determine if there is no surface or groundwater connection that meets the
is no change in the activity for which the permit was originally issued. definition of contiguous under R 281.921(1)(b)(iii). The determination shall be made
Administrative fees shall not be required for such extensions. in writing and shall be provided to the property owner or agent within a reasonable
(6) Any permit issued under the act does not obviate the necessity of period of time after receipt of the request.
receiving, when applicable, approval from other federal, state, and local government
agencies. R 281.925 'Mitigation.
(7) Any permit issued by the department under the act may be revoked Rule 5. (1) As authorized by section 10(2) of the act. the department may
or suspended, after notice and an opportuqity for a hearing, for any of the following impose conditions on a permit for a use or development if the conditions are designed
causes: to remove an impairment to the wetland benefits, to mitigate the impact of a
(a) A violation of a condition of the permit. discharge of fill material, or otherwise improve the water quality.
(b) Obtaining a permit by misrepresentation or failure to fully disclose (2) The department shall consider a mitigation plan if submitted by the
relevant facts in the application. applicant and may incorporate the mitigation actions as permit conditions for the
(c) A change in a condition that requires a temporary or permanent change improvement of the existing wetland resources or the creation of a new wetland
in the activity.. resource to offset wetland resource losses resulting from the proposed project.
If agreed to by the applicant, financial assurances may be required to ensure that
R 281.924 Wetland determinations. mitigation is accomplished as specified by the permit conditions. The department
Rule 4. (1) When performing wetland determinations, as required by section shall, when requested by the applicant, meet with the applicant to review the
19(3) of the act, the department shall utilize criteria consistent with the definition applicant's mitigation plan.
of "wetland" provided in section 2(g) of the act and shall provide a written response (3) In developing conditions to mitigate impacts, the department shall
stating, to the legal landowner within 30 days of the on-site evaluation, whether consider mitigation to apply only to unavoidable impacts that are otherwise
the parcel contains wetland and the basis for that determination. permittable utilizing the criteria under sections 3 and 9 of the act. Mitigation

shall not be considered when it is feasible and prudent to avoid impacts or when
the impacts would be otherwise prohibited under the act.
(4) When considering mitigation proposals, the department shall make all
of the following determinations:
(a) That all feasible and prudent efforts have been made to avoid the loss
of wetland resource values.
(b) That all practical means have been considered to minimize impacts.
(c) That it is practical to replace the wetland resource values which will
be unavoidably impacted.
(5) If the department determines that it is practical to replace the wetland
resource values which will be unavoidably impacted, the department shall consider
all of the following criteria when reviewing an applicant's mitigation proposal:
(a) Mitigation shall be provided on-site where practical and beneficial to
the wetland resources.
(b) When subdivision (a) of this subrule does not apply, mitigation shall
be provided in the immediate vicinity of the permitted activity where practical
and beneficial to the wetland resources. When possible, this means within the same
watershed and municipality as the location of the proposed project.
(c) Only when it has been determined that subdivisions (a) and (b) of this
subrule are inappropriate and impractical shall mitigation be considered elsewhere.
(d) Any proposal shall assure that, upon completion, there will be no net
loss to the wetland resources.
(e) The proposal shall give consideration to replacement of the predominant
functional values lost within the impacted wetland.
(6) Except where a mitigation plan is to occur on state or federally owned
property or where the mitigation is to occur in the same municipality where the
project is proposed, the municipality where the proposed mitigation site is located
shall be given notice and an opportunity to comment in writing to the department
on the proposed mitigation plan before a permit is issued.
(7) Any mitigation activity shall be completed before initiation of other
permitted activities, unless a phased concurrent schedule can be agreed upon between
the department and the applicant.
(8) Monitoring to establish documentation of the functional performance
of the mitigation may be required as permit conditions, as well as necessary
corrective actions required, to deliver the wetland resource values identified.
(9) Mitigation, by replacement of lost wetland resources, shall not be required
if an activity is authorized and permitted under the authority of a general permit
issued under section 10(1) of the act.

REPORT: W-1 DEPARTMENT OF NA1URAL RESOURCES
DATE: 08/10/88 LAND RESOURCE PROGRAMS DIVISION PAGE 1 0
TIME: 10:31 11
FREQUENCY: WEEKLY ( 07/25/88-07/29/88 ) m
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LIST OF NEW PERMIT APPLICATIONS

DATE APPLICATION C)
APPLICATION FILE PERMIT PROJECT TOWNSHIP/ CLAIM/ BODY OF
COMPLETE NUMBER TYPE TYPES COUNTY RANGE SECTION SUBDIVISION LOT WATER

07/27/88 88-01-0062 ACT 346 12 GOGEBIC 49N 4GW 03 BLACK RIVER
USDA FOREST , SERVICE ; 500 N MOORE ST . BESSEMER, MI 49911

07/26/88 88-02-0061 ACT 346 12 MENOMINEE 32N 27W 13 POND
RAYGO , EDWARD G; 3918 N SHORE DR, MENOMINE, MI 49858

07/25/88 88-03-0090 ACT 346 52 DELTA 39N 23W 22 UNKNOWN
DELTA SOLID , WASTE MG; PO BOX 198 , ESCANABA, MI 49829

07/25/88 88-03-0092 ACT 346 37 MARQUETTE 48N 27W 13 POND
ANDERSON . DALE L ; 438 NORTH RD , NEGAUNE , MI 49866

)7/25/88 88-03-0093 ACT 247 12 20 DELTA 39N 22W 29 32 LAKE MICHIGAN
ESCANABA . CITY OF; 121 S 11TH ST , ESCANABA, MI 49829

.1)7/27/88 88-03-0094 ACT 203 37 DELTA 41N 22W 32 WETLAND
ERICKSON , DONALD J; 5470 25TH RD , GLADSION, MI 49837

,)7/25/88 88-04-0204 ACT 247 20 MACKINAC 40N 03W LAKE HURON
ST IGNACE , CITY OF ; 396 N STATE ST , ST IGNAC, MI 49781

U7/25/88 88-04-0205 ACT 247 14 MACKINAC 41N 01E 04 LAKE HURON
GRAY FAMILY , TRUST ; BOX 167 RR 1 , CEDARVIL, MI 49719

07/26/88 88-04-0207 ACT 247 14 CHIPPEWA 42N 05E 23 LAKE PHURON
STRAUSS , FRED ; YACHT HAVEN , DRUM ISL, MI 49726

07/26/88 88-04-0207 ACT 203 11 MACKINAC 42N 06W 29 WETLAND
STEINER , LLOYD ; 140 COLLINS , ST IGNAC, MI 49781

07/26/88 88-04-0208 ACT 247 12 CIIIPPEWA 42N OGE 18 LAKE HURON
DAMASKE , EARL ; YACHt HAVEN , DRUM ISL, MI 49726

07/27/88 88-04-0209 ACT 346 02 SCI-OOLCRAFT 42N 16W 34 INDIAN LAKE
HYDE , FREDERIC; PO BOX 63 , MANISTIQ. MI 49854

i(7/27/88 88-04-0210 ACT 247 12 MACKINAC 41N 02E LAKE HURON
FERNBACHER , JOHN ; RR 1 BOX 534 , CEDARVIL, MI 49719

07/27/88 88-04-0211 ACT 346 26 CHIPPEWA 47N 01E ST MARYS RIVER
SAULT STE MR, PARKS ; 325 COURT ST , SL ST MR, MI 49783

07/27/88 88-04-0212 ACT 346 26 CHIPPEWA 47N OIE ST MARYS RIVER
SAULT STE MR., PARKS 325 COURT ST , SL ST MR, MI 49783

07/27/88 88-04-0213 ACT 346 03 CHIPPEWA 47N 01E ST MARYS RIVER
DEAR , JIM ; 4871 NIWLET RD , SL ST MR, MI 49783