Frequently asked questions about soil erosion

What is Part 91?

Part 91, Soil Erosion and Sedimentation Control, of the Natural Resources and Environmental Protection Act, 1994 PA, as amended, addresses the need to control erosion and sedimentation to protect our lakes and streams.

 

Why is erosion and sediment control important?

Sediment is the greatest pollutant, by volume, entering our lakes and streams.  Sediment is the product of uncontrolled erosion.  Everyone in Michigan is affected by erosion and off-site sedimentation.  Erosion and sedimentation result in:  loss of fertile topsoil, filling of lakes and streams, increased flooding, damage to plant and animal life, and structural damage to buildings and roads.

 

Why was Part 91 passed?

The primary intent of Part 91 is to protect the waters of the state by minimizing erosion and controlling sediment.

 

When do I need to get a permit?

A permit is required for any earth change that disturbs one or more acres, or is within 500 feet of a lake or stream.  Plowing and tilling of land for crop production, and some logging and mining activities do not require permits.

 

Where can I get a permit?

The county has a soil erosion department located in the courthouse.  The permit application can be picked up there; it can also be mailed or faxed.  The departments’ telephone number is (989) 539-6401.

 

What do I have to do to get a permit?

First an application needs to be completed.  Then we will look at the proposed project site.  Next, we will issue a permit, if there are no possible problems.

 

What if there is a possibility of problems?

We will do whatever we can to help you to minimize the impact of your proposed construction.

 

What information is needed on a permit application?

The applicant must provide specific information such as the name of the responsible individual, land owner name, phone numbers for owner and contractor, location and size of the earth change, distance to water, description of the earth change, project starting and ending dates, and property number.

 

Is there a charge for a permit?

Yes, as of October 1, 2006, there will be a processing fee of $5.00 for all “NOT REQUIRED PERMITS”.  This fee does not apply if a permit will be issued.

 

What is the charge for a permit?

For a minor earth change the fee is $75.00, and the permit is good for 60 days; for a major earth change the fee is $225.00, and the permit is good for 1-year.  Examples of a minor earth change include seawalls, pole barns, garages, driveways, landscaping, leveling, clearing, beach, or addition.  Examples of a major earth change include a new residence, roads, ponds, or parking lots.  There are other earth change activities that require permits; the examples used are a partial list of some of the more common projects.

You may need a permit if:

· 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.

 

· 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.

 

PERMIT PROCEDURES

In accordance with Part 91 of Act 451, of 1994 and it's corresponding general rules, the undersigned herewith makes application for a permit to undertake a proposed earth change.  Permit requirements will be as follows:

· A landowner or designated agent shall submit an application for a permit to the appropriate enforcing agency.  An application for a state prescribed permit shall be submitted to the Clare County Soil Erosion Department, here after referred to as the "enforcing agency"

· A landowner or designated agent shall submit, with the application, a soil erosion and sedimentation control plan and any other document that the enforcing agency may require

· 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.

· 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 all soil erosion and sedimentation control plans.

· 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 corrections 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.

· 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..

· The application shall be accompanied by a soil erosion and sedimentation control plan and any other document which the authorizing agency may require.  For COMMERCIAL PROJECTS, the plan must include: A) blueprints or detailed drawings, a description and location of the physical limits of each proposed earth change; B) a description and location of all existing and proposed on-site drainage facilities; C) a description and location of all proposed temporary and permanent soil erosion control measures.

· ALL PERMITS MUST BE AVAILABLE ON THE SITE OF THE EARTH CHANGE FOR INSPECTION.

· COMMERCIAL PROJECTS that require critical soil erosion measures or that require stabilization measures involving expenditures of more than $500.00 may be required to issue a Surety Bond for the cost of stabilization posted with the Clare County Soil Erosion Department by the owner and a corporate surety agency.

 

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