PART 17. SOIL EROSION AND SEDIMENTATION CONTROL

DEPARTMENT OF ENVIRONMENTAL QUALITY

LAND AND WATER MANAGEMENT DIVISION



(By authority conferred on the water resources commission by sections 2
and 5 of Act No. 245 of the Public Acts of 1929, as amended, sections 33
and 63 of Act No. 306 of the Public Acts of 1969, as amended, and
Executive Order No. 1976-8a, being SS323.2, 323.5, 24.233, and 24.263 of
the Michigan Compiled Laws)



PART 17. SOIL EROSION AND SEDIMENTATION CONTROL

R 323.1701 Definitions.
Rule 1701. (1) As used in this part:
(a) "Accelerated soil erosion" means the increased loss of the 
land surface that occurs as a result of human activities.
(b) "Acceptable erosion and sediment control program" means the 
activities of a county or local enforcing agency or authorized public 
agency that are conducted in accordance with these rules and part 91 
regarding staff training, developing and reviewing plans, issuing permits, 
conducting inspections, and initiating compliance and enforcement actions 
to effectively minimize erosion and off-site sedimentation.
(c) "Designated agent" means a person who has written 
authorization from the landowner to sign the application and secure a 
permit in the landowner's name.
(d) "Lake" means the Great Lakes and all natural and artificial 
inland lakes or impoundments that have definite banks, a bed, visible 
evidence of a continued occurrence of water, and a surface area of water 
that is equal to, or greater than, 1 acre. "Lake" does not include 
sediment basins and basins constructed for the sole purpose of storm water 
retention, cooling water, or treating polluted water.
(e) "Landowner" means the person who owns or holds a recorded 
easement on the property or who is engaged in construction in a public 
right-of-way in accordance with sections 13, 14, 15, and 16 of Act No. 368 
of the Public Acts of 1925, as amended, being §§247.183, 247.184, 247.185, 
and 247.186 of the Michigan Compiled Laws.
(f) "Nonerosive velocity" means a speed of water movement that is 
not conducive to the development of accelerated soil erosion. 
(g) "Part 91" means part 91 of Act No. 451 of the Public Acts of 
1994, as amended, being §§324.9101 to 324.9123 of the Michigan Compiled 
Laws.
(h) "Sediment basin" means a naturally occurring or constructed 
depression used for the sole purpose of capturing sediment during or after 
an earth change activity.
(i) "Stabilization" means the establishment of vegetation or the 
proper placement, grading, or covering of soil to ensure its resistance to 
soil erosion, sliding, or other earth movement.
(j) "Storm water retention basin" means an area which is 
constructed to capture surface water runoff and which does not discharge 
directly to a lake or stream through an outlet. Water leaves the basin by 
infiltration and evaporation.
(k) "Stream" means a river, creek, or other surface watercourse 
which may or may not be serving as a drain as defined in Act No. 40 of the 
Public Acts of 1956, as amended, being §280.1 et seq. of the Michigan 
Compiled Laws, and which has definite banks, a bed, and visible evidence of 
the continued flow or continued occurrence of water, including the 
connecting waters of the Great Lakes.
(l) "Temporary soil erosion and sedimentation control measures" 
means interim control measures which are installed or constructed to 
control soil erosion and sedimentation and which are not maintained after 
project completion.
(m) "Permanent soil erosion and sedimentation control measures" 
means control measures which are installed or constructed to control soil 
erosion and sedimentation and which are maintained after project 
completion.
(2) The terms defined in part 91 have the same meanings when used 
in these rules.

History: 1954 ACS 81, Eff. Jan. 1, 1975; 1979 AC; 1998 MR 7, Eff. July 15, 
1998.


R 323.1702 Earth change requirements generally. 
Rule 1702. (1) A person shall conduct an earth change in a manner 
that will effectively reduce accelerated soil erosion and resulting 
sedimentation.
(2) A person engaged in an earth change identified in
R 323.1704 shall plan, implement, and maintain acceptable soil erosion and 
sedimentation control measures in conformance with part 91, which 
effectively reduce accelerated soil erosion and off-site sedimentation.
(3) A person shall set forth soil erosion and sedimentation 
control measures in a plan as prescribed by R 323.1703. A person shall 
make the plan available for inspection at all times at the site of the 
earth change. The department, or its designated representative, may 
require the county or local enforcing agency to file a copy of the plan 
with the department.
(4) A person shall obtain a permit containing state prescribed 
information, as required by R 323.1707, and make the permit available for 
inspection at the site of the earth change.

History: 1954 ACS 81, Eff. Jan. 1, 1975; 1979 AC; 1998 MR 7, Eff. July 15,
1998.


R 323.1703 Soil erosion and sedimentation control plan requirements.
Rule 1703. A person shall prepare a soil erosion and sedimentation 
control plan for any earth change identified in R 323.1704. A person shall 
design the plan to effectively reduce accelerated soil erosion and 
sedimentation and shall identify factors that may contribute to soil 
erosion or sedimentation, or both. The plan shall include, but not be 
limited to, all of the following:
(a) A map or maps at a scale of not more than 200 feet to the 
inch or as otherwise determined by the county or local enforcing agency. A 
map shall include a legal description and site location sketch that 
includes the proximity of any proposed earth change to lakes or streams, or 
both; predominant land features; and contour intervals or slope 
description.
(b) A soils survey or a written description of the soil types of 
the exposed land area contemplated for the earth change.
(c) Details for proposed earth changes, including all of the 
following:
(i) A description and the location of the physical limits of each 
proposed earth change.
(ii) A description and the location of all existing and proposed 
on-site drainage and dewatering facilities.
(iii) The timing and sequence of each proposed earth change.
(iv) The location and description for installing and removing all 
proposed temporary soil erosion and sediment control measures.
(v) A description and the location of all proposed permanent soil 
erosion and sediment control measures.
(vi) A program proposal for the continued maintenance of all 
permanent soil erosion and sediment control measures that remain after 
project completion, including the designation of the person responsible for 
the maintenance. Maintenance responsibilities shall become a part of any 
sales or exchange agreement for the land on which the permanent soil 
erosion control measures are located.

History: 1954 ACS 81, Eff. Jan. 1, 1975; 1979 AC; 1998 MR 7, Eff. July
15, 1998.


R 323.1704 Permit requirements.
Rule 1704. (1) A landowner or designated agent who contracts for, 
allows, or engages in, an earth change in this state shall obtain a permit 
from the appropriate enforcing agency before commencing an earth change 
which disturbs 1 or more acres of land or which is within 500 feet of the 
water's edge of a lake or stream, unless exempted in R 323.1705.
(2) An earth change activity that does not require a permit under 
subrule (1) of this rule is not exempt from enforcement procedures under 
part 91 or these rules, if the activity exempted by subrule (1) of this 
rule causes or results in a violation of part 91 or these rules.

History: 1954 ACS 81, Eff. Jan. 1, 1975; 1979 AC; 1998 MR 7, Eff. July
15, 1998.


R 323.1705 Permit exemptions and waivers.
Rule 1705. (1) A permit is not required for any of the 
following:
(a) A beach nourishment project permitted under part 325 of Act 
No. 451 of the Public Acts of 1994, as amended, being § 324.32501 et seq. 
of the Michigan Compiled Laws.
(b) Normal road and driveway maintenance, such as grading or 
leveling, that does not increase the width or length of the road or 
driveway and that will not contribute sediment to lakes or streams.
(c) An earth change of a minor nature that is stabilized within 
24 hours of the initial earth disturbance and that will not contribute 
sediment to lakes or streams
(d) Installation of oil, gas, and mineral wells under permit from 
the supervisor of wells if the owner-operator is found by the supervisor of 
wells to be in compliance with the conditions of part 91.
(2) A county or local enforcing agency may grant a permit waiver 
for an earth change after receiving a signed affidavit from the landowner 
stating that the earth change will disturb less than 225 square feet and 
that the earth change will not contribute sediment to lakes or streams.
(3) Exemptions provided in subrules (1) and (2) of this rule 
shall not be construed as exemptions from enforcement procedures under 
part 91 or these rules, if the activities exempted by subrules (1) and (2) 
cause or result in a violation of part 91 or these rules.

History: 1954 ACS 81, Eff. Jan. 1, 1975; 1979 AC; 1998 MR 7, Eff. July
15, 1998.


R 323.1706 Application for permit.
Rule 1706. (1) A landowner or designated agent shall submit an 
application for a permit to the appropriate enforcing agency. 
(2) A landowner or designated agent shall submit, with the 
application, a soil erosion and sedimentation control plan and any other 
document that the appropriate enforcing agency may require.
(3) The county or local enforcing agency shall provide an 
application requiring state prescribed information to an applicant.
(4) An authorized public agency is exempt from obtaining a permit 
from a county or local enforcing agency, but shall notify the county or 
local enforcing agency of each proposed earth change.

History: 1954 ACS 81, Eff. Jan. 1, 1975; 1979 AC; 1998 MR 7, Eff. July
15, 1998.


R 323.1707 Application review and permit procedures.
Rule 1707. (1) A person who is designated by the county or local 
enforcing agency and who is trained in soil erosion and sedimentation 
control methods and techniques shall review and approve a soil erosion and 
sedimentation control plan.
(2) The appropriate enforcing agency shall approve, disapprove, 
or require modification of an application for an earth change permit within 
30 calendar days following receipt of the application. The enforcing 
agency shall notify an applicant of approval by first-class mail. If an 
application is disapproved, then the enforcing agency shall advise the 
applicant by certified mail of its reasons for disapproval and conditions 
required for approval. The enforcing agency need not notify an applicant 
of approval or disapproval by mail if the applicant is given written 
approval or disapproval of the application in person. A permit given to 
the applicant either in person or by first-class mail constitutes approval.
(3) If an earth change is under the jurisdiction of 2 or more 
local or county enforcing agencies, then the department shall act as the 
enforcing agency. 
(4) A permit that contains state-prescribed information shall be 
used by each county or local enforcing agency and shall include any 
additional provisions required by the county or local enforcing agency. 
The permit shall be available at the site of the earth change for 
inspection.
(5) Upon a determination that a permit applicant has met all of 
the requirements of these rules, part 91, and the local ordinance, if 
applicable, the appropriate enforcing agency shall issue a permit for the 
proposed earth change.

History: 1954 ACS 81, Eff. Jan. 1, 1975; 1979 AC; 1998 MR 7, Eff. July
15, 1998.


R 323.1708 Soil erosion and sedimentation control procedures and measures 
generally.
Rule 1708. A person who applies for an earth change permit shall 
incorporate the soil erosion and sedimentation control procedures and 
measures prescribed by R 323.1709 and R 323.1710 into the soil erosion and 
sedimentation control plan and shall apply the procedures and measures to 
all earth changes identified in the plan, unless the person preparing the 
plan shows, to the satisfaction of the appropriate enforcing agency, that 
altering the control procedures or measures or including other control 
procedures or measures will prevent accelerated soil erosion and 
sedimentation during the earth change.

History: 1954 ACS 81, Eff. Jan. 1, 1975; 1979 AC; 1998 MR 7, Eff. July
15, 1998.


R 323.1709 Earth change requirements: time; sediment removal; design, 
installation, and removal of temporary or permanent control measures.
Rule 1709. (1) A person shall design, construct, and complete an 
earth change in a manner that limits the exposed area of any disturbed land 
for the shortest possible period of time as determined by the county or 
local enforcing agency.
(2) A person shall remove sediment caused by accelerated soil 
erosion from runoff water before it leaves the site of the earth change.
(3) A person shall design a temporary or permanent control 
measure that is designed and constructed for the conveyance of water 
around, through, or from the earth change area to limit the water flow to a 
nonerosive velocity.
(4) A person shall install temporary soil erosion and 
sedimentation control measures before or upon commencement of the earth 
change activity and shall maintain the measures on a daily basis. A person 
shall remove temporary soil erosion and sedimentation control measures 
after permanent soil erosion measures are in place and the area is 
stabilized. A person shall stabilize the area with permanent soil erosion 
control measures under approved standards and specifications as prescribed 
by R 323.1710.
(5) A person shall complete permanent soil erosion control 
measures for all slopes, channels, ditches, or any disturbed land area 
within 5 calendar days after final grading or the final earth change has 
been completed. If it is not possible to permanently stabilize a disturbed 
area after an earth change has been completed or if significant earth 
change activity ceases, then a person shall maintain temporary soil erosion 
and sedimentation control measures until permanent soil erosion control 
measures are in place and the area is stabilized.

History: 1954 ACS 81, Eff. Jan. 1, 1975; 1979 AC; 1998 MR 7, Eff. July
15, 1998.


R 323.1710 Standards and specifications.
Rule 1710. A person shall complete all temporary and permanent 
erosion and sedimentation control measures according to the approved plan 
or operating procedures. 
(1) A person shall install and maintain control measures in 
accordance with the standards and specifications of all of the following: 
(a) The product manufacturer. 
(b) The local conservation district. 
(c) The department. 
(d) The Michigan department of transportation. 
(e) The enforcing agency, if applicable and formally adopted. 
(2) If a conflict exists between the standards and specifications, 
then the enforcing agency or authorized public agency shall determine which 
specifications are appropriate for the project.

History: 1954 ACS 81, Eff. Jan. 1, 1975; 1979 AC; 1998 MR 7, Eff. July 
15, 1998.


R 323.1711 Building permits.
Rule 1711. (1) A local agency or general law township that issues 
building permits shall notify the county or local enforcing agency 
immediately upon receipt of an application for a building permit that 
requires an earth change which disturbs 1 or more acres or which is located 
within 500 feet of a lake or stream.
(2) A local agency or general law township shall not issue a 
building permit to a person engaged in an earth change if the change 
requires a permit under part 91 or these rules until the county or local 
enforcing agency has issued the required state-prescribed permit for the 
earth change.

History: 1954 ACS 81, Eff. Jan. 1, 1975; 1979 AC; 1998 MR 7, Eff. July
15, 1998.


R 323.1712 Enforcement.
Rule 1712. The county or local enforcing agency may issue a cease 
and desist order or revoke a permit upon its finding that there is a 
violation of part 91, these rules, or an approved local ordinance or a 
finding that there is a violation of a permit or an approved soil erosion 
and sedimentation control plan.

History: 1954 ACS 81, Eff. Jan. 1, 1975; 1979 AC; 1998 MR 7, Eff. July
15, 1998.


R 323.1713 Periodic review.
Rule 1713. The department shall conduct an ongoing comprehensive 
review and evaluation of all soil erosion and sedimentation control 
programs that operate under part 91 and these rules. The department shall 
notify county and local enforcing agencies and authorized public agencies 
as to the acceptability of their soil erosion and sedimentation control 
programs. The department shall make available a report of its findings of 
the review and evaluation of all enforcing agencies and authorized public 
agencies.

History: 1954 ACS 81, Eff. Jan. 1, 1975; 1979 AC; 1998 MR 7, Eff. July
15, 1998.


R 323.1714 Availability of documents.
Rule 1714. Copies of the local conservation district standards and 
specifications for soil erosion and sedimentation control, as referred to 
in R 323.1710, are available at each local conservation district office at 
a nominal cost. Copies of the department's standards are available from 
the surface water quality division's Lansing office. Department of 
transportation standards are available at the Lansing office for a fee. 
Information on other standards may be available from product manufacturers 
and the enforcing agencies.

History: 1954 ACS 81, Eff. Jan. 1, 1975; 1979 AC; 1998 MR 7, Eff. July
15, 1998.