Land and Water Land and Water ManagementManagement

DivisionDivision

Michigan is the only state Michigan is the only state surrounded by 4 of the 5 Great surrounded by 4 of the 5 Great LakesLakes• Michigan has 3.28 miles of great lakes shorelineMichigan has 3.28 miles of great lakes shoreline• The worlds largest freshwater lakesThe worlds largest freshwater lakes• 90 % of the country’s fresh surface water90 % of the country’s fresh surface water• About 20% of the world’s fresh surface waterAbout 20% of the world’s fresh surface water• Vital national resource utilized for manufacturing, Vital national resource utilized for manufacturing,

shipping, drinking, recreation and tourism shipping, drinking, recreation and tourism • Over 10,000 inland lakes and pondsOver 10,000 inland lakes and ponds• 35.000 miles of freshwater rivers, streams and 35.000 miles of freshwater rivers, streams and

wetland interwoven with the inland lakes and wetland interwoven with the inland lakes and pondsponds

““The conservation and development of the The conservation and development of the natural resources of the state are hereby natural resources of the state are hereby declared to be paramount public concern in declared to be paramount public concern in the interest of the health, safety and general the interest of the health, safety and general welfare of the people. The legislature shall welfare of the people. The legislature shall provide for the protection of the air, water provide for the protection of the air, water and other natural resources of the state and other natural resources of the state from pollution, impairment and destruction.”from pollution, impairment and destruction.”

Mich. Constitution, Art IV, §52Mich. Constitution, Art IV, §52

Working Together to Protect Working Together to Protect ResourcesResources

•Natural Heritage: endangered/threatened speciesNatural Heritage: endangered/threatened species

•State Office of Historical PreservationState Office of Historical Preservation

•Other DEQ DivisionsOther DEQ Divisions

•DNR/FisheriesDNR/Fisheries

•DNR/WildlifeDNR/Wildlife

•DNR/Natural RiversDNR/Natural Rivers

•DNR/Parks and RecreationDNR/Parks and Recreation

•Local GovernmentsLocal Governments

•Federal Government: USACE, EPA, USFWSFederal Government: USACE, EPA, USFWS

Land/Water RegulationsLand/Water Regulations

• Part 301 Inland Lakes and StreamsPart 301 Inland Lakes and Streams

• Part 303 Wetland ProtectionPart 303 Wetland Protection

• Part 315 Dam SafetyPart 315 Dam Safety

• Part 323 Shoreland Protection and Mgt.Part 323 Shoreland Protection and Mgt.

• Part 325 Great Lakes Submerged LandsPart 325 Great Lakes Submerged Lands

• Part 353 Sand Dune Protection and Mgt.Part 353 Sand Dune Protection and Mgt.

• Part 31 Water Resources Protection: Part 31 Water Resources Protection: FloodplainsFloodplains

Riparian RightsRiparian Rights

• The courts have held that all riparian The courts have held that all riparian owners share an equal right to owners share an equal right to reasonable usereasonable use of the entire surface area of the entire surface area of the lake of the lake

• build docks build docks

• make other improvements to facilitate the make other improvements to facilitate the use of their property insofar as such use of their property insofar as such improvements do not encroach upon the improvements do not encroach upon the rights of other owners rights of other owners

Common Activities Requiring Permits Common Activities Requiring Permits FillFillExcavation and/or dredgingExcavation and/or dredgingRip-rapRip-rapShoreline protectionShoreline protectionDocks, piers, mooring pilesDocks, piers, mooring pilesBoat wellBoat wellBoat launchBoat launchBoat hoistBoat hoistBoardwalks & DecksBoardwalks & DecksIntake and Outlet PipesIntake and Outlet PipesMooring and Navigation BuoysMooring and Navigation BuoysGroinsGroinsFencesFencesAnd Many Many More!!!!!And Many Many More!!!!!

Part 301 Part 301 Inland Lakes and StreamsInland Lakes and Streams

• Natural or artificial lake Natural or artificial lake or pond over 5 acresor pond over 5 acres

• Natural or artificial Natural or artificial impoundmentimpoundment

• RiverRiver• StreamStream• CreekCreek• DrainDrain• Intermittent streamIntermittent stream• OtherOther

Activities within an inland lake or stream OR construction of a pond within 500’ of water body or connected to a water body

Part 303, Wetland Part 303, Wetland ProtectionProtection

• Contiguous to Great Lakes & Lake St. Contiguous to Great Lakes & Lake St. Clair, or inland lake, pond, river, or streamClair, or inland lake, pond, river, or stream

• W/in 500’ of an inland lake or stream or W/in 500’ of an inland lake or stream or 1,000’ of the Great Lakes and Lk. St Clair1,000’ of the Great Lakes and Lk. St Clair

• >> 5 acres, in counties w/ population over 5 acres, in counties w/ population over 100,000 & inventoried smaller counties100,000 & inventoried smaller counties

• < 5 acres if department determines < 5 acres if department determines essential to protect the areaessential to protect the area

Any change to existing conditions is an impact and needs a permit unless explicitly exempt per 324.30305

Wetland Assessment Wetland Assessment ProgramProgram• Not requiredNot required• Level 1Level 1

– in house map searchin house map search– $50$50

• Level 2Level 2– conservative evaluationconservative evaluation– Will flag uplandWill flag upland– $200 minimum$200 minimum

• Level 3Level 3– confirm consultants delineationconfirm consultants delineation– $150 minimum$150 minimum

Part 91, Soil Erosion and Part 91, Soil Erosion and Sedimentation ControlSedimentation Control

• Earth change 1 acre or more or Earth change 1 acre or more or

• Within 500 feet of an inland lake or Within 500 feet of an inland lake or streamstream

• Delegated to County and/or local Delegated to County and/or local municipalitymunicipality– deq.state.mi.us/sescadeq.state.mi.us/sesca

• Separate permit for construction Separate permit for construction activitiesactivities

What do we look for?What do we look for? Some factors in evaluating Some factors in evaluating environmental impacts:environmental impacts:• What is the purpose?What is the purpose?

• Is there a need?Is there a need?

• Is there a less Is there a less impactive alternative?impactive alternative?

• Will the timing of the Will the timing of the activities effect activities effect spawning?spawning?

• What are the seasonal What are the seasonal water level changes?water level changes?

Purpose : Achieve your riparian Purpose : Achieve your riparian rightsrights

• Dock : to dock YOUR boat, access to Dock : to dock YOUR boat, access to navigable watersnavigable waters

• Dredge : for navigation/dockage Dredge : for navigation/dockage

• Beach : bathing Beach : bathing

• Shore protection : to protect your Shore protection : to protect your existing shoreline existing shoreline

NEED:NEED:

• Dock : Own a boat? How many? Dock : Own a boat? How many? What length is needed to reach What length is needed to reach navigable waters?navigable waters?

• Dredge : Is it needed for navigation Dredge : Is it needed for navigation or will a dock achieve the same or will a dock achieve the same purpose?purpose?

• Shore protection : Is there erosion? Shore protection : Is there erosion? How severe is the erosion? How severe is the erosion?

Example : No need for shore Example : No need for shore protectionprotection

Example : No need for a Example : No need for a shoreline protectionshoreline protection

Example : Need a shore Example : Need a shore protectionprotection

Example : Need shore Example : Need shore protectionprotection

ImpactImpact

• Dock – will it block navigation? Will it Dock – will it block navigation? Will it be within riparian interest?be within riparian interest?

• Dredge –Fish, shallow water habitat, Dredge –Fish, shallow water habitat, suspended sedimentssuspended sediments

• Shore protection – fish, shallow water Shore protection – fish, shallow water habitathabitat

Seawall: too far into lake waterward of shoreline Seawall: adjacent to

shoreline

BackfillBackfill

Example : Lessen the impactExample : Lessen the impact

Lake

Riprap and wildlife access ramp

Place seawall as close as possible to existing shoreline and minimize backfill

Riprap placed as mitigation and wildlife access ramp

DR

IVE

HOMEGAR.

Fill

Proposed Minimized Impact Alternative

HOME

GAR.

Fill

If impact more than 1/3 acre of wetland, mitigation is required

Higher Impact AreaHigher Impact Area

Lower Impact AreaLower Impact Area

Filling out Filling out the application application

COMPLETENESS IS THE KEY

www.michigan.gov/jointpermitwww.michigan.gov/jointpermit

Seven Pages!Seven Pages!You’ve Got To Be KiddingYou’ve Got To Be Kidding

No kidding…wait until you see the No kidding…wait until you see the manual!!!!manual!!!!

Jennifer M. Granholm, Governor

Steven E. Chester, Directorwww.michigan.gov/deq

(800) 662-9278

Can download manual or hard copy available for purchase

What is really needed….What is really needed….

• Page one, two and three for every Page one, two and three for every application plus any of the other pages application plus any of the other pages that may apply to your projectthat may apply to your project

• Plan view (birds-eye view) Plan view (birds-eye view) • Cross-section of each proposed item (i.e. Cross-section of each proposed item (i.e.

one for the dock and one for the seawall.)one for the dock and one for the seawall.)• Letter of authorization if applicant is not Letter of authorization if applicant is not

the homeowner/property ownerthe homeowner/property owner• Photos that clearly depict site conditionsPhotos that clearly depict site conditions• Vicinity MapVicinity Map

Project Site Plan ViewProject Site Plan View• Property linesProperty lines

– Extend out into water if proposing activities in the waterExtend out into water if proposing activities in the water– adjacent neighbors address and existing structuresadjacent neighbors address and existing structures– Distance from proposed to property linesDistance from proposed to property lines

• Existing and proposed on same plan:Existing and proposed on same plan:– Water bodiesWater bodies– Wetland boundariesWetland boundaries– Floodplain boundariesFloodplain boundaries– StructuresStructures

• Water’s edge:Water’s edge:– ordinary high water markordinary high water mark– Current shorelineCurrent shoreline

• Dimensions or a scale Dimensions or a scale • Volumes NEED TO MATCH WHAT IS ON APPLICATIONVolumes NEED TO MATCH WHAT IS ON APPLICATION• Use multiple sheets rather than crowd everything on one Use multiple sheets rather than crowd everything on one

sheetsheet• North ArrowNorth Arrow• Property owners nameProperty owners name

Section ViewsSection Views• Types of section views:Types of section views:

– Cross section, typical or end viewCross section, typical or end view– Profile or length wise viewProfile or length wise view– The term “cross section” may apply to any of the aboveThe term “cross section” may apply to any of the above– A typical refers to a drawing that is the same for the A typical refers to a drawing that is the same for the

whole projectwhole project– a cross section is for a specific area should be labled and a cross section is for a specific area should be labled and

shown where on the plan view the cross section is takenshown where on the plan view the cross section is taken– End view would like looking at the end of a dock from End view would like looking at the end of a dock from

the waterthe water• Existing and proposed gradesExisting and proposed grades• Water level and date observed or measured or Water level and date observed or measured or

OHWMOHWM• Existing and proposed structuresExisting and proposed structures• Boundary line for wetlands and/or floodplainsBoundary line for wetlands and/or floodplains• Dimensions and distances OR a scale Dimensions and distances OR a scale

Letter of AuthorizationLetter of Authorization

• If the applicant is not the sole owner If the applicant is not the sole owner or if the property owner did not sign or if the property owner did not sign the application, a letter of the application, a letter of authorization is needed from the authorization is needed from the property owner(s).property owner(s).– statement approving a specific person or statement approving a specific person or

company to submit a permit application company to submit a permit application on behalf of the property owner(s), the on behalf of the property owner(s), the property address and a brief description property address and a brief description of the project.of the project.

Vicinity MapVicinity Map

• Give written directions from major Give written directions from major intersection or express wayintersection or express way

• Make a detailed map of the area Make a detailed map of the area designating the site with an arrow designating the site with an arrow

Needs to show all the streets and/or roads Needs to show all the streets and/or roads traveled from a major highway and/or traveled from a major highway and/or cross-road to the project site.cross-road to the project site.

If the project site is in a rural area, provide If the project site is in a rural area, provide directions from a town that appears on a directions from a town that appears on a state road mapstate road map

PhotosPhotos

• Not required but Not required but maymay eliminate the need eliminate the need for a site inspection by stafffor a site inspection by staff

• Take photos that clearly depict site Take photos that clearly depict site conditioncondition

• Label photos with date taken and locationLabel photos with date taken and location• Take photos from each side of project, Take photos from each side of project,

from the shoreline looking waterward and from the shoreline looking waterward and waterward looking toward shore waterward looking toward shore

• Show existing structures on site and Show existing structures on site and adjacent propertiesadjacent properties

Examples of what triggers a Examples of what triggers a correction request or request for correction request or request for additional informationadditional informationFilling fee not paid or not correctFilling fee not paid or not correct

Application not signedApplication not signedMissing informationMissing information

Application form and/or drawingsApplication form and/or drawingsAuthorization letter(s)Authorization letter(s)Dimensions, volumesDimensions, volumesDrawingsDrawings

Mismatched informationMismatched informationWithin a sectionWithin a sectionBetween sections and/or application and drawingsBetween sections and/or application and drawings

10A and 1210A and 1210B and 1210B and 12

Standard ProcessingStandard Processing• All application forms are mailed to All application forms are mailed to

Permit Consolidation Unit (PCU) in Permit Consolidation Unit (PCU) in Lansing.Lansing.

• PCU reviews the applications to make PCU reviews the applications to make sure they are administratively sure they are administratively complete.complete.

• Once the file is complete PCU sends Once the file is complete PCU sends it to the District Office from PCU.it to the District Office from PCU.

• PCU does not take an action on filesPCU does not take an action on files

TimeframesTimeframes• Staff has 30 days to get information to Staff has 30 days to get information to

make a file complete. That 30 day clocks make a file complete. That 30 day clocks stops and starts when correction requests stops and starts when correction requests are sent out and the information requested are sent out and the information requested is received.is received.

• After the initial 30 days for completion staff After the initial 30 days for completion staff has 60 day for 301 and 90 days for 325 to has 60 day for 301 and 90 days for 325 to make a final decision on the file. If the file make a final decision on the file. If the file is not complete at this time it will have be is not complete at this time it will have be denied without prejudice. denied without prejudice.

• Public Notice projects require decisions to Public Notice projects require decisions to be held a minimum of 20 days for public be held a minimum of 20 days for public and up to 45 days for local governments and up to 45 days for local governments and other agencies to provide comments.and other agencies to provide comments.

• www.michigan.gov/jointpermitwww.michigan.gov/jointpermit

(this is a new direct link)(this is a new direct link)oror

•www.michigan.gov/deqwww.michigan.gov/deq– ““Water”Water”

•““MDEQ/USACE Joint Permit Application”MDEQ/USACE Joint Permit Application”– ““CIWPIS On-line”CIWPIS On-line”

Tracking Your ApplicationTracking Your Application

Additional AssistanceAdditional Assistance• Contact the district office for the project areaContact the district office for the project area

– see Land/Water Interface map in Appendix Hsee Land/Water Interface map in Appendix H• If you get someone’s voice mail, please leave a If you get someone’s voice mail, please leave a

detailed message so that staff are better detailed message so that staff are better prepared to assist you when they call backprepared to assist you when they call back

• Call PCU direct at 1-517-373-9244Call PCU direct at 1-517-373-9244• Call 1-800-662-9278 and ask for LWMD PCUCall 1-800-662-9278 and ask for LWMD PCU• E-mail LWMD PCUE-mail LWMD PCU

– DEQ-LWM-PCU@michigan.govDEQ-LWM-PCU@michigan.gov– www.michigan.gov/deqwww.michigan.gov/deq

• ““Water,” “MDEQ/USACE Joint Permit Application,” Water,” “MDEQ/USACE Joint Permit Application,” “Frequently Asked Questions”“Frequently Asked Questions”

Suggestions and CommentsSuggestions and Comments

• PLAN AHEAD!! If you want to do your PLAN AHEAD!! If you want to do your project in the fall, submit your project in the fall, submit your application in the Spring- don’t wait application in the Spring- don’t wait until the last minute!until the last minute!

• If you avoid any impacts to the If you avoid any impacts to the resource, then you MAY not need to resource, then you MAY not need to involve LWMD at all!involve LWMD at all!

If have questions – contact If have questions – contact usus• Phone:Phone:

– Program District Staff – 586-753-3700Program District Staff – 586-753-3700– 1-517-373-9244 direct to Permit Consolidation Unit1-517-373-9244 direct to Permit Consolidation Unit– 1-800-662-9278 ask for Land and Water Management 1-800-662-9278 ask for Land and Water Management

Division, Permit Consolidation UnitDivision, Permit Consolidation UnitFax Fax – 1-517-241-9003 PCU1-517-241-9003 PCU– 1-586-751-4690 SE MI District 1-586-751-4690 SE MI District

– E-Mail PCU:E-Mail PCU:– DEQ-LWM-PCU@michigan.govDEQ-LWM-PCU@michigan.gov– www.michigan/jointpermitwww.michigan/jointpermit

• Frequently Asked QuestionsFrequently Asked Questions