According to Part 303, Wetlands Protection, of the Natural Resources and Environmental Protection Act, 1994 PA 451,as amended, a person may not do any of the following activities in a wetland without a permit from the DEQ:
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Activity
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Example (Partial List Only)
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Deposit or permit the placing of fill material
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Bulldozing, Grading, Dumping
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Dredge, remove, or permit the removal of soil or minerals
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Removing tree stumps, Bulldozing, Digging a pond
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Construct, operate, or maintain any use or development
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Construction of buildings or structures, Boardwalks, Peat mining, Water treatment
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Drain surface water
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Diverting water to another area via ditch, pump or drain
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Decisions on wetland permit applications are based on the DEQ's review of the proposed project in light of the criteria in Part 303 and associated administrative rules. In general, the applicant must show avoidance of wetland resources to the greatest extent possible and minimization of unavoidable wetland impacts. The DEQ also considers any public comments that have been received prior to making a permit decision.
The DEQ may approve a permit application, request modification to an application, or deny an application. Decisions on permit applications can be appealed by contacting the Office of Administrative Hearings in writing within 60 days of the permit decision and requesting a formal hearing.
A joint state and federal permit process has been established between the DEQ and the U.S. Army Corps of Engineers (USACE) for proposed projects in areas which have both state and federal jurisdiction. The LWMD will determine whether a permit application requires joint state and federal review, and when appropriate, will forward these permit applications to the USACE Detroit office for federal permitting review.
DEQ/USACE Joint Permit Application
Part 303 authorizes the DEQ to define types of activities that would be expected to have only a minor impact on wetlands and that can, therefore, be reviewed through an expedited permit application process. Activities that are authorized under a Genearl Permit do not require an individual public notice, are subject to lower application fees, and are generally not subject to mtigation requirements. A person seeking authorization under a General Permit must submit a permit application using the DEQ/USACE Joint Permit Application Form.
General Permit Categories for Minor Activities in Wetlands
General Permit Category for Limited Great Lakes Shoreline Management Activities
General Permit Category for Removal of Qualifying Small Dams
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