Checklist for Other Permits Required Under Act 451
MDEQ Checklist for Other Permits Required for Construction Activities Under the Natural Resources and Environmental Protection Act, 1994 Pa 451, as Amended
1. Does your project involve an earth change that disturbs one or more acres of land or is located within 500 feet of a lake or stream (Part 91) .....................................................No ¨ Yes ¨
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 water surface area equal to, greater than, one acre.”
Stream means “a river, creek, or other surface water course which may or may not be serving as a drain, as defined in the drain code, 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.”
If your project disturbs five or more acres, a stormwater permit is required from the Surface Water Quality Division (SWQD), Michigan Department of Environmental Quality (MDEQ). Please call 517-373-1949 for further information.
2. Is your project in or near an inland lake or stream? (Part 31 and 301)................ No ¨ Yes ¨
Inland lake and stream means “a natural or artificial lake, pond, or impoundment; a river, stream, or creek which may or may not be serving as a county drain as defined by the drain code; or any other body of water that has definite banks, a bed, and visible evidence of a continued flow or continued occurrence of water…” “inland lake or stream does not include . . . a lake or pond that has a surface area of less than 5 acres.”
3. Does your project impact a wetland? (Part 303)............................................... No ¨ Yes ¨
Wetland means “land characterized by the presence of water at a frequency and duration sufficient to support, and that under normal circumstances does support, wetland vegetation or aquatic life, and is commonly referred to as a bog, swamp, marsh . . .”
If work in wetlands cannot be avoided, a permit from the MDEQ may be required; and wetland mitigation to compensate for the loss of the wetland and its functions may also be required. For questions regarding regulated wetlands, please contact your local LWMD Field Office or the Inland Lakes and Wetlands Unit at 517-373-1746.
The MDEQ’s Wetland Assessment Program assists property owners in identifying wetlands on their property. For more information on the Wetland Assessment Program call 517-24111-8485.
4. Is your project in or adjacent to the Great Lakes? (Part 323, 325, and 353)........ No ¨ Yes ¨
5. Does your project involve constructing, maintaining, or altering a dam? (Part 315) No ¨ Yes ¨
Dam means “an artificial barrier, including dikes, embankments, and appurtenant works, that impounds, diverts, or is designed to impound or divert water or a combination of water or any other liquid or material in the water.”