These guidelines are intended for use by Public Transportation Agencies (PTAs) using federal or state transportation funds including ACT 51 transportation funds. This includes work on bridges, culverts, roads, some airports, and railroads under PTA ownership utilizing the following parts of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (NREPA):

• Part 31, Water Resources Protection, Floodplain Regulatory Authority (formerly Act 245 of 1929, as amended by Act 167 of 1968).
• Part 91, Soil Erosion and Sedimentation Control (formerly Act 347 of 1972, as amended).
• Part 301, Inland Lakes and Streams (formerly Act 346 of 1972, as amended).
• Part 303, Wetlands Protection (formerly Act 203 of 1979, Goemaere-Anderson Wetland Protection).
• Part 315, Dam Safety (formally Act 300 of 1989).
• Part 325, Great Lakes Submerged Lands.
• Part 353, Sand Dunes Protection and Management.

Definition - Inland Stream vs. Drainage Course

 For permitting purposes, the Department of Environmental Quality (DEQ) regulates activities involving inland streams. Part 301 defines an inland stream as a river, stream or creek which may or may not be serving as a drain as defined by the drain code of 1956 or any other body of water that has definite banks, a bed, and visible evidence of a continued flow or continued occurrence of water during certain times of the year. If the land feature (overland flow) shows evidence of flow but does not meet the definition of a stream, this condition is designated as a drainage course. Therefore, if culvert work is being planned along a drainage course system, a permit from the DEQ is not required, provided the proposed work will not impact regulated wetlands.

Please note that if the contributing drainage area to a bridge or culvert crossing is two square miles or greater on a stream or drainage course, the DEQ's Land and Water Management Division (LWMD) must review and approve the project for hydraulic efficiency under the provisions of Part 31.

Work in Designated County Drains

When a transportation agency is installing a bridge or culvert or performing other road work involving a county drain, a permit from the DEQ is required unless the work is being done with a larger drain project that is exempt from a DEQ permit.

The following activities are exempt from LWMD permits:

1. The installation, repair, replacement, or maintenance of cross road culverts on drainage courses with a drainage area of less than two square miles which serve only to convey stormwater runoff or equalize the water level at both ends of the culvert when such culverts will not result in adverse impacts to regulated wetlands, lakes, or floodplains.
2. The construction, repair, replacement, or maintenance of road ditches which serve to convey storm water runoff from the road right-of-way in such manner that it does not materially change the drainage pattern, drain adjacent wetlands, extend below the Ordinary High Water Mark (OHWM) of an adjacent stream, and is not part of a stream system.
3. The construction, installation, repair, replacement, or maintenance of standard storm water runoff appurtenances (auxiliary structures), provided that such structures are placed in a manner that they will not obstruct stream or flood flow, will not impact adjacent wetlands, and do not extend below the OHWM. Examples of these structures include:
   1. Manholes
   2. Catch basins
   3. Headwalls
   4. Riprap protection on streambanks above the OHWM, provided the riprap does not exceed an average of 2 cubic yards per running foot along the shoreline and a maximum of 300 cubic yards.
4. Repair and maintenance of retention/detention basins.  If this activity occurs on a regulated dam (6 feet in height at the design flood elevation and surface area of 5 acres at design stage) then a permit may be needed under Part 315, Dam Safety.

Culvert Maintenance Exemptions

The following culvert maintenance activities are exempt from LWMD permit requirements:

1. In-kind, in-place repairs and maintenance, excluding structure replacement, to any previously permitted culverts, provided the watercourse, streambed, and adjacent banks are not altered.
2. Replacement, maintenance, or installation of culvert linings involving only equalizer culverts in a drainage course where two wetland areas bisected by an existing roadway and where such activity will not result in adverse impacts to regulated wetlands.
3. Extension of equalizer culverts that connect two wetland areas bisected by an existing roadway in order to meet current safety standards, where the extension does not extend beyond the existing footprint of the roadway, and where the existing culvert has not drained, flooded or created any other significant environmental impacts to the associated wetlands (such as tree die off, etc.).  The footprint of the road is measured from backslope to backslope. If no backslope exists, the footprint ends at the existing toe-of-slope.
4. Clean-out in the immediate vicinity of equalizer culverts connecting and/or adjacent to wetland areas, where the clean-out will not create an adverse impact to adjacent wetlands.
5. Placement of fill material to accept guardrail flare installations, provided fill is outside any adjacent regulated lakes, streams, floodplains, or wetlands.
6. In-kind, in-place replacement of guardrails.

Bridge Maintenance Exemptions

The following items are exempt, provided materials can be prevented from falling into the watercourse during construction:

1. In-kind, in-place repairs and maintenance, excluding structure replacement, to any previously permitted bridges provided the watercourse, streambed, and adjacent banks are not altered..
2. The removal and replacement of ties and stringers on railroad bridges using materials that do not exceed the original dimensions.
3. Maintenance or restoration of bridges through sand blasting and/or painting provided all operations are conducted in accordance with current Michigan Department of Transportation (MDOT) specifications.
4. Widening of bridge decks, provided it meets both of the following conditions:
   1. The work can be done on existing abutments or piers
   2. No harmful interference to flood flow and no additional impediment to navigation will occur (i.e. neither raising of the existing original design roadway elevation over 4 inches nor lowering the underclearance elevation).
5. Removal, restoration, replacement in-kind, and maintenance of bridge appurtenances including:
   1. Steel bridge beams, providing materials are not allowed into the water
   2. Bridge decks
   3. Guardrail sections
   4. Fascia repair
   5. Joint repair
   6. Crack sealing
   7. Bridge pin and hanger repair
   8. Concrete repairs above the water surface, provided the work can be done from barges or waders, and the repair is in-kind, in-place, and does not require the placement or storage of materials or equipment in the water, floodplain, or wetlands
   9. Bridge railing
   10. Light fixtures, signs, fencing, etc., provided these materials do not hang below the underclearance elevation of the bridge.
6. Resurfacing or overlay of an existing bridge deck and approaches when such resurfacing will not increase the original design roadway profile elevations in the floodplain by 4-inches and provided a harmful interference to flood flow has not or will not occur.
7. Hydrodemolition of bridge decks provided that slurry and other materials are prevented from entering the water, floodplain, or wetlands.  Please note:  Because of the potential high toxicity in the slurry water, the MDEQ and the MDOT are reviewing the continued use of this practice.
8. Any of the above bridge work must be conducted in a manner so that all of the following apply:
   1. Removal of bridge abutment and piers is not part of the project.
   2. There will be no change to weir flow elevations in the floodplain, other than the possible replacement of a 4 inch maximum wearing course above the original design surface of the roadway.
   3. The span of the bridge does not change.
   4. The underclearance elevation does not change.
   5. Navigation of the waterway is not impeded by the existing structure or proposed activity.
   6. Temporary work will not require the placement or storage of materials or equipment in a regulated floodplain, wetland, inland lake or stream.

Minor Projects - Eligible for an Expedited Process

The following bridge or culvert activities are considered minor projects, provided:  the structure will provide sufficient underclearance to facilitate passage of watercraft which could be expected to navigate the waters, that total volume of fill placed below the ordinary high watermark does not exceed 200 cubic yards, the structures are designed to assure that any increase in stream erosion or downcutting is prevented, and the removal of existing structures will be conducted without dropping demolitions materials in the watercourse:

1. A clear span bridge that has the lowest bottom of beam elevation at or above the natural ground elevations on either bank and the approach fill sloping to natural ground elevations within is 10 feet on either end of the bridge.
2. A culvert which has an effective waterway opening that equals or exceeds the cross-sectional area of the channel, which has fill over the culvert that is not more than 1.5 feet, and which has approach fill that slopes to natural ground elevations within 10 feet of either side of the culvert.
3. The proposed replacement structure fully spans the bottomlands and the owner or the owner's engineering consultant certifies that the proposed structure is designed with an equal or greater hydraulic capacity, that the deletion of existing auxiliary waterway openings and road overflow areas is not planned, and that available information does not indicate the presence of a harmful interference.
4. The proposed structure is new and fully pans the bottomlands, the design of which is certified by a registered professional engineer to pass the 100-year flood as determined by the DEQ, without causing harmful interference. The certification must include hydraulic waterway design calculations.  Plans, construction methods, and procedures covering protection of natural resources must be provided.
5. The bridge widening or culvert extension does not exceed 24 feet (excluding end sections) from the original design of the structure (combined total for both sides).
6. Less than 0.33 acres of wetland impacts when the project is for safety improvements.
7. The removal of culvert headwalls and placement of new headwalls, wingwalls, or end sections.
8. Dredging  not exceeding 300 cubic yards of excavation where there is no reasonable expectation that the dredge materials are polluted and where the dredge spoils are placed in an upland area outside of any wetland or floodplain.

Major Projects:

Major projects are those that do not meet the minor project category.  The major projects require a 20-day public notice period and may require federal review by the U.S. Environmental Protection Agency (USEPA) or the U.S. Army Corps of Engineers (USACE). 

Federal Involvement:

The following major projects will typically require federal review by the US EPA and the US ACE.  This review normally takes a minimum of 90 days to process.

1. 10,000 cubic yards or more of fill in a wetland.
2. Stream enclosures of 100 feet or more.
3. Stream channelization of 500 feet of more of a stream.
4. Work in Section 10 waters as defined by the U.S. Army Corps of Engineers.
5. Projects which involve special federal/state lands or rivers (For example:  these would include federally designated wild and scenic rivers, federal parks, national lake shores, wildlife sanctuaries, etc.).
6. Projects that would impact federal endangered species.