1. Michigan Dept. of Environmental Quality Water Resources Division
Protect and Monitor
4 Great Lakes and Lake St. Clair
3,288 miles of Great
Lakes shoreline
11,000 inland lakes
36,000 river miles
6.5 million acres of wetlands

2. Michigan’s Program History
1955 – Michigan’s Great Lakes Submerged Lands Act passed
This act regulates activities on Great Lakes bottomlands.
1972 – Federal Clean Water Act was passed
- Michigan’s Inland Lakes and Streams Act was passed
This act regulates activities on inland lakes and streams.
Michigan entered an MOA with the Corps of Engineers
The agencies developed a Joint Application form and implemented procedures to streamline permitting and reduce duplication.
1979 – Michigan’s Wetland Protection Act passed
The law was passed with intention of assuming the 404 program.

3. Michigan’s Program History
1983- Michigan and USEPA sign MOA approving assumption of the 404 program Michigan and the United States Army Corps of Engineers sign MOA designating navigable waters over which the 404 authority is retained by the federal agencies. Making Michigan the first state to assume the Section 404 Program
404 Assumption is a partnership between the state and federal agencies.

4. In Michigan, the United States Army Corps of Engineers retained CWA Section 404 jurisdictions over all “Navigable Waters of the United States”.
The United States Army Corps of Engineers used the waters regulated under Section 10 of The Rivers and Harbors of 1899, as the limit of waters under joint Corps and State jurisdiction.
Michigan also has state jurisdiction over the federally retained waters. Communication and coordination between the state and Corps of Engineers is critical when dealing with permit applications or compliance within waters of joint jurisdiction.

5. State - Federal Consistency
To maintain Michigan’s authorization under Section 404 of the Clean Water Act, state law must remain consistent with federal regulations (e.g., exemptions, general permits, public notice procedures, criteria).
“Any approved State Program shall, at all times, be conducted in accordance with the requirements of the [Clean Water] Act and of this Part.
While States may impose more stringent requirements, they may not impose any less stringent requirements for any purpose.”
40 CFR §233.1
A state Section 404 Program must meet federal Clean Water Act standards,
…to protect interstate resources.
…to ensure a “level playing field” in the national wetland permit program.

6. Recent Program History
2008 USEPA completed review of Michigan’s 404 Program.
2009 the Governor proposed to eliminate the Wetland Program to save $2 million in state general funds.
A bi-partisan legislative workgroup was formed.
Resulted in 2009 amendments: provided 3 years of funding and created the Wetland Advisory Council.

7. Recent Program History
2010 Wetland Advisory Council begins work.
Council consisted of 22 members representing local governments, environmental groups, consultants, and regulated stakeholder organizations.
August 2012 Wetland Advisory Council issues final report.
Council recommend Michigan maintain the 404 Program, and recommended specific amendments to improve and streamline the regulatory process.
July 2013 Public Act 98 of 2013 signed into law.
Program amendments are currently under USEPA review for federal consistency.

8. Maintaining Michigan’s 404 Program is important because….
State “404” permits are issued under state law
Public trust responsibilities and riparian rights
Policies and procedures specific to state needs while federally consistent
State law allows the state and local units of government more input into the permit process. Federal law does not consider public trust, or private property rights associated with riparian property. Examples of state-specific regulations, policies and procedures include: consolidated permit process, statutory permitting timeframes, limits on local ordnances, an impartial appeals process under the Administrative Procedures Act.

9. DEQ currently authorizes about 4,000 projects annually under Michigan’s Section 404 Program, providing the citizens of the state with a significant savings in time and money.
DEQ approves over 98% of the applications, including those that are modified to avoid and minimize impacts.

10. Consolidated Joint Permit Application
Submittal of one application with review and authorizations under multiple parts of the Natural Resources and Environmental Protection Act.
Parts 31(floodplains), 301, 303, 315, 323, 325, and 353
Single application fee for most projects.
Coordination with United States Army Corps of Engineers when required.
Results in an efficient, cost effective, streamlined permitting process for applicants.

11. Permit Review Public Interest
The Michigan statutes require the following determinations before a permit can be issued:
The permit is necessary to realize the benefits from the activity.
No unacceptable disruption to aquatic resources would occur.
The proposed activity is wetland dependent or no feasible and prudent alternatives exist.
The permit is in the public interest.
Project will not adversely affect the public trust or riparian rights.
Project will not unlawfully impair or destroy any of the waters or other natural resources.
The permitting criteria are defined in Section 30106, 30311, The criteria balance the public values of the lake, stream or wetland with the benefits of the proposed project.
Benefits of project
Need for the project
Economic value
Effect on wetland
resources
Loss of public
benefits
Public Interest

12. Our goal is an average wetland permit processing time of 45 days.
Unlike the federal permit program, Michigan’s permit processing is completed within a deadline mandated by the statute.
Statutory deadline is 60 or 90 days from receipt of a complete application and 120 or 150 days if a public hearing is held.
The federal law has no permit processing deadlines. To accomplish this we have 41 permitting staff located in 11 offices throughout the state.
Our goal is an average wetland permit processing time of 45 days.

13. Permit Appeal Process
State law provides an appeal process for any person aggrieved by a permit decision; called “contested cases”. Contested cases are presided over by an Administrative Law Judge (ALJ) from the Michigan Administrative Hearing System. The contested case hearing process is governed by the Administrative Procedures Act (MCL et seq.) and administrative rules (R et seq.).

14. Coastal Management Program Certification
A permit issued by Michigan typically carries with it the following authorizations, at no additional expense, time, or paperwork for the applicant:
Authorization under Section 404 of the Clean Water Act
Water Quality Certification under Section 401 of
the Clean Water Act
Coastal Management Program Certification
In many other states, applicants must apply for these authorizations separately, and sometimes from several different agencies.
Screening and coordination with state and federal
endangered species programs
Screening and coordination with the federal
historic preservation program

15. Summary of the Benefits of Michigan’s Wetland Program:
Provides clear consistent regulation
Provides faster permit decisions
Reduces regulatory burden for permit applicants
Maintains state control while remaining consistent with federal regulations
Provides regulated property owners with better access to the permit decision makers
Provides more public oversight of regulatory decisions
Provides a fair impartial appeal process

16. 404 Program Budget FY 2016 Expenditures
Appropriated Fund Water Resources Program Expenditures
GF-GP $ 5,791,660
Wetland only GF $ 1,000,000
Federal $ ,440
State Restricted
MDOT-IDG $ 1,200,250
Permit Fees $ 1,551,870
Total $10,433,220
There are currently 50 FTEs in the Water Resource Program, and about ½ of those within the 404 program.

17. Questions?