Soil Erosion Rules

Rules that apply to those that would need to obtain the permit from the Drain Commission.

Part 91, Soil Erosion and Sedimentation Control, of the Natural Resources and Environmental Protection Act, 1994 PA 452, as Amended. R 323.1704 Permit Requirements

A land owner or developer who contracts for, allows or engages in an earth change in this state shall obtain a permit from the appropriate enforcing agency prior to commencement of an earth change which is connected with any of the following land use activities which disturb 1 or more acres of land, or if the earth change is within 500 feet of a lake or stream* of this state:

1. Transportation facilities, including streets, highways, railroads, airports, common carrier pipelines, and mass transit facilities, except normal maintenance procedures, such as earth or gravel road leveling and minor repairs or alterations to rights-of-way not affecting a lake or stream.
2. Subdivision or lot development as defined by Section 102 of Act No. 288 of the Public Acts of 1967, being section 560.102 of the Michigan Compiled Laws, mobile home parks and multiple housing, and the preparation of a site for a single family residence and except normal maintenance on landscaping activities, or both.
3. Industrial or commercial development, except normal maintenance or landscaping activities, or both.
4. Service facilities, including, but not limited to, shopping centers and schools, except normal maintenance or landscaping activities, or both.
5. Recreational facilities, including, but not limited to, parks, campgrounds or trails, except normal maintenance or landscaping activities, or both.
6. Utilities, including, but not limited to, underground pipelines, cables, except pole installation, service lines, an other earth changes of a minor nature, normal maintenance, and emergency repairs.
7. Oil, gas, and mineral wells, except the installation of those wells under permit from the supervisor of wells and wherein the owner-operator is found by supervisor of wells to be in compliance with the conditions of the sediment act.
8. Water impoundments and waterway construction or improvements. (For an exhaustive explanation of all sub-rules of this act, please see the Department of Environmental Quality's web site.)

*Also to include wetlands, open/closed drains, and natural watercourses.