natural shoreline landscapes on mi inland lakes workshop ......this presentation is a product of the...
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Updated 3-15-14
Natural Shoreline Landscapes on MI Inland Lakes Workshop for Property Owners Chapter 7: Michigan Rules and Regulations
Natural Shoreline
Landscapes on Michigan
Inland Lakes
for Property Owners
Chapter 7
State of Michigan Rules and Regulations
Photo
by J
ane H
erb
ert
Chapter Discussion
Natural Shoreline Landscapes on MI Inland Lakes Workshop for Property Owners Chapter 7: Michigan Rules and Regulations
Applicable Laws @ the Shoreline
Permit System
Bio-engineering Minor Permit Category
Permit Application Help
Applicable State Laws for Shorelines
Natural Shoreline Landscapes on MI Inland Lakes Workshop for Property Owners Chapter 7: Michigan Rules and Regulations
• Regulated Activities
•Ordinary High Water Mark
• Review Criteria
Part 301 Inland Lakes and
Streams
•How Do I Know if Wetland Exists? Part 303 Wetlands
Protection
•Do I need a permit?
Part 91 Soil Erosion &Sedimentation
Control
Part 301: Inland Lakes and Streams
Protects Michigan’s 36,000 miles of streams and 11,000 lakes by regulating work in them
Natural Shoreline Landscapes on MI Inland Lakes Workshop for Property Owners Chapter 7: Michigan Rules and Regulations
Part 301: Inland Lake Definition A natural or artificial lake, pond, or impoundment with a surface area of 5 or more acres.
Natural Shoreline Landscapes on MI Inland Lakes Workshop for Property Owners Chapter 7: Michigan Rules and Regulations
Most projects below the OHWM are regulated under Part 301
Part 301: Ordinary High Water Mark (OHWM)
Leaves Evidence
A line that
stays as the
water levels
change
Natural Shoreline Landscapes on MI Inland Lakes Workshop for Property Owners Chapter 7: Michigan Rules and Regulations
Identifying the Ordinary High Water Mark
Vegetation Indicator
Change in vegetation indicates the OHWM.
Identifying the Ordinary High Water Mark Non-vegetation Indicator
Stain on seawall indicates the OHWM.
Photo: Theresa Custodio
PART 301: ACTIVITIES REQUIRING A PERMIT
(NOT A COMPLETE LIST)
Swimming area Navigational Aid
Permanent Boat Hoist Ponds
Utility Crossing Dam
Removing a structure Drawdown
Dry Fire Hydrant
Photo: Kip Cronk
Photo: Kip Cronk
Culvert
Bridge
Rock Rip Rap
Seawall
Boat Ramp
Permanent Dock Bioengineering
Photo: Shawn McKenney
Source: MDEQ-WRD
Part 303: Wetlands Protection
1979: The Goemaere-Anderson Wetlands Protection Act was passed (1979 PA 203) Currently Called: Part 303, Wetlands Protection, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended.
• Over 50% of Michigan’s original wetlands have been drained or filled.
• 5.5 Million acres of wetlands remain; approximately 15% of the State’s landmass.
Natural Shoreline Landscapes on MI Inland Lakes Workshop for Property Owners Chapter 7: Michigan Rules and Regulations
Land that has water at a frequency and duration sufficient to support, under
normal circumstances wetland vegetation or aquatic life,
Forested Wetland
Part 303: Wetland Definition
Commonly referred to as a:
bog, swamp, or marsh.
Natural Shoreline Landscapes on MI Inland Lakes Workshop for Property Owners Chapter 7: Michigan Rules and Regulations
Part 303: Criteria for Determining a Wetland in Michigan
Where do I go for help? www.michigan.gov/wetlands
Wetlands Map Viewer
Wetland Identification Program
Delineation follows US Army Corps of Engineers 1987 Wetland Delineation
Manual, and appropriate regional supplements.
Natural Shoreline Landscapes on MI Inland Lakes Workshop for Property Owners Chapter 7: Michigan Rules and Regulations
Predominance of Wetland Vegetation
Evidence of
Hydrology Hydric Soils
• Requires permits for activities within wetlands to protect values and functions. • Regulated activities include: dredging, filling,
draining, and construction activities or maintaining a use in a wetland.
Natural Shoreline Landscapes on MI Inland Lakes Workshop for Property Owners Chapter 7: Michigan Rules and Regulations
Which wetlands are regulated?
•5 acres or larger in total size
•Connected to a lake, stream or pond
• Located within 500 ft. of a lake, stream, or pond
• Located within 1000 ft. of a Great Lake
Part 303 Wetlands Protection
Photo: Matt Siler
Natural Shoreline Landscapes on MI Inland Lakes Workshop for Property Owners Chapter 7: Michigan Rules and Regulations
Part 91 Soil Erosion and Sedimentation Control Permit
Administered by Local or County Enforcing Agency www.michigan.gov/soilerosion
Permit required when earth-change occurs within 500 feet of lake, or is over 1 acre in size.
The Three Permit Tiers
General Permit (GP):
• No more than minimal individual and cumulative impacts, typically no site inspection (i.e., desktop review), no wetland compensatory mitigation, no public notice.
Minor Project (MP):
• Minor individual and cumulative impacts, typically site inspection, may require compensatory mitigation, no public notice.
Individual Permit:
• Typically larger scale, potentially more and/or greater resource impacts, typically compensatory mitigation, public notice period required. (aka Major Project or Public Notice Projects)
MP/GP documents are available at: www.mi.gov/wetlands
Natural Shoreline Landscapes on MI Inland Lakes Workshop for Property Owners Chapter 7: Michigan Rules and Regulations
Seawall Limitations
Natural Shoreline Landscapes on MI Inland Lakes Workshop for Property Owners Chapter 7: Michigan Rules and Regulations
No expedited category for new seawalls
Replacements are limited to 200 feet
• Public notice period
• Increased application fee
Now require an Individual Permit
Ford Lake, Washtenaw County DEQ Inland Lakes Permit:
Bio-engineering Minor Project Category
Created to encourage bioengineering on
inland lake shorelines
Photo: Jane Herbert MSU Extension Photo K. Cronk
Gull Lake, Kalamazoo County
Suitability of Locations
• ex. Longest unobstructed distance across the lake from the site is less than 1 mile
Types/limitations of bio-engineering practices and materials
Criteria that all bio-engineering practices must meet
Bioengineering – Inland Lakes, Minor Project Category Provides Guidance On:
“For complete list of Bioengineering MP criteria” go to www.michigan.gov/jointpermit
Michigan has authority to administer the Federal Section of Part 404 of the
Clean Water Act Translation
Permit Application
JOINT PERMIT APPLICATION & INSTRUCTIONS:
www.michigan.gov/jointpermit
Only 1 permit application is necessary from the State of Michigan - DEQ (except in Section 10 waters and coastal areas). This covers both federal
and state requirements
Natural Shoreline Landscapes on MI Inland Lakes Workshop for Property Owners Chapter 7: Michigan Rules and Regulations
• Fees •Frequently Asked Questions
•Pre-Application Meeting Information •Applications
•Payment Options
Permit Application Information www.michigan.gov/jointpermit
Natural Shoreline Landscapes on MI Inland Lakes Workshop for Property Owners Chapter 7: Michigan Rules and Regulations
The status of permit applications are available at www.deq.state.mi.us/ciwpis
Water Resources Division field staff can help answer
your questions about shoreline laws.
www.mi.gov/jointpermit
Upper Peninsula 906-228-4853
Cadillac 231-775-3960
Gaylord 989-731-4920
Saginaw Bay 989-894-6200
Grand Rapids 616-356-0500
Lansing 517-284-6651
SE Michigan 586-753-3700
Kalamazoo 269-567-3500
Jackson 517-780-7690
Questions?
ADDITIONAL INFORMATION:
Inland Lakes and Streams: www.mi.gov/deqinlandlakes
Wetlands: www.mi.gov/wetlands
Soil Erosion and Sedimentation Control: www.mi.gov/soilerosion
Permit Application & Instructions: www.mi.gov/jointpermit
CIWPIS Online: www.deq.state.mi.us/ciwpis
Michigan Natural Shoreline Partnership:
www.mishorelinepartnership.org
Natural Shoreline Landscapes on MI Inland Lakes Workshop for Property Owners Chapter 7: Michigan Rules and Regulations