DEPARTMENT OF ENVIRONMENTAL QAULITY

                        LAND AND WATER MANAGEMENT DIVISION

(By authority conferred on the department of environmental quality by Part 31 
of 1994 PA 451, as amended, MCL 324.3103.)


                    PART 13. FLOODPLAINS AND FLOODWAYS


R  323.1311   Definitions.
  Rule 311. As used in this part:
  (a) "A 100-year flood" means a flood with a magnitude  which   has   a   1% 
chance of occurring or being exceeded in any given year.
  (b) "Department" means the Michigan department of environmental quality.
  (c) "Encroachment" means any structure, filling, grading, or  deposition of 
materials in, upon, across, or projecting into, a  floodplain,   channel,  or 
floodway.
  (d) "Flood" means a temporary increase in the stage of a  river  or  stream 
resulting in the inundation of lands not normally covered by water.
  (e) "Floodplain" means that area of land adjoining  a   river   or   stream 
that will be inundated by a 100-year flood.
  (f) "Floodway" means the channel of a river or stream and  the  portions of 
the floodplain adjoining the channel that are  reasonably  required  to carry 
and discharge a 100-year flood.
  (g) "Harmful interference" means causing an increased stage  or  change  in 
direction of flow of a river or stream that causes, or is  likely  to  cause, 
any of the following:
  (i) Damage to property.
  (ii) A threat to life.
  (iii) A threat of personal injury.
  (iv) Pollution, impairment, or destruction of  water   or   other   natural 
resources.

  History:  1984 AACS; 1996 AACS.


R  323.1312   Applicability of rules.
  Rule 312. These rules do not apply to any of the following:
  (a) A watershed that has a drainage area of less  than   2   square   miles 
when measured at the downstream limits of the proposed project.
  (b) An improvement proposed under Act No. 40 of the Public Acts of 1956, as 
amended, being S280.1 et seq. of the Michigan Compiled Laws.
  (c) A flood control project designed by the United States  army  corps   of 
engineers.
  (d)  A  flood  control  project  designed  by  the   United   States   soil 
conservation service.
  (e) Bridge or culvert replacements, upon certification, by the owner  or by 
the owner's engineering consultant, that the  replacement  is  designed  with 
an equal or greater hydraulic capacity, that the existing  bridge  or culvert 
and its approaches do not cause  harmful  interference,  and   that  deletion 
of existing auxiliary openings and road  overflow  areas  is  not planned.
  (f) New bridges or culverts, upon certification, by the owner  or  by   the 
owner's engineering consultant, that the bridge or culvert  is  designed   to 
pass the 100-year flood without causing  harmful  interference.   Preliminary 
bridge or  culvert  plans,  hydraulic  waterway   design   calculations   and 
construction  methods,  and  procedures  covering   protection   of   natural 
resources shall be furnished with the certification to the department.
  (g) The extension of an existing  bridge  or  culvert   where   the   total 
extended length is not more than 24 feet.
  (h) A deck replacement of an existing  bridge  or   resurfacing   over   an 
existing culvert.
  (i) A roadway resurfacing project where the road grade or shoulders will be 
increased only by the addition of a new wearing course.
  (j) Utility crossings of a  floodplain  where  the   floodplain   will   be 
restored essentially to existing elevations.
  (k)  Noncommercial  piers,  docks,  spring  piles,   pile   clusters,   and 
streambank  restorations,  including  seawalls,    bulkheads,    and    other 
permanent revetment structures, that  are  classified   as   minor   projects 
under R 281.816 (1) (a), (b), and (c).
  (l) Excavating or dredging activities where dredged materials are placed in 
an upland area that is out of the floodplain.
  (m) Boat ramps that conform to existing streambank contours.

  History:  1984 AACS; 1996 AACS.


R  323.1313   Permit application; information.
  Rule 313. (1) An application to the department for a  permit   to   occupy, 
fill, or grade lands in a floodplain, streambed, or channel   of   a   stream 
shall be on an application form obtained from the department.
  (2) An application for a permit to place an   encroachment   not   excluded 
under R 323.1312 in a floodplain, channel, or  floodway   shall   include   a 
site  location  and  a  property  map  showing  limits   of   the    proposed 
encroachment as it relates to the drainage  course.  A  copy   of   a   filed 
application shall be sent to the local unit of  government   prior   to   the 
department's final action on the application.
  (3) The department may ask for the following  additional   information   in 
order to analyze the effects that a proposed encroachment, acting alone or in 
combination with existing or future  similar   works,   has   on   stage   or 
discharge characteristics of the stream:
  (a)  A  site  development  plan  showing  both   existing   and    proposed 
conditions on a topographic map and containing the following  information:
  (i) Location map.
  (ii) Property lines.
  (iii) Road right-of-way, drainage, and utility easements.
  (iv)  Existing  and  proposed  contours  at   sufficient    intervals    to 
adequately describe the existing features and the proposed alterations.
  (v) Proposed  bridges,  culverts,  and  stormwater   outfalls.   Plans   or 
sketches  shall  be  included  to  provide   sufficient    information    for 
evaluation.
  (vi) Proposed channel relocations and the  limits   of   improvements   and 
alterations.
  (vii) Delineation of proposed cut and fill limits.
  (viii) Approximate volume of cut and fill.
  (ix) Proposed elevations of roads and buildings,  including  elevations  of 
first floor and basement openings into buildings.
  (b) River or  stream  valley  cross  sections  at   locations   where   the 
proposed alteration or occupation is most significant.  The   cross   section 
shall show  both  existing  conditions  and  the   proposed   occupation   or 
alteration and shall specify cut  and  fill   side   slopes.   Representative 
photographs of the natural channel and overbank areas shall  be  included.
  (c) A hydraulic report, based on  water   surface   profile   computations, 
which evaluates the effect of  the  proposed  encroachment   on   stage   and 
discharge characteristics for a range of discharges up   to   and   including 
the 100-year flood discharge. The report shall be prepared and  sealed  by an 
engineer licensed in Michigan.

  History:  1979 AC; 1984 AACS.


R 323.1314   Rescinded.

  History:  1979 AC; 1984 AACS; 1998 AACS; 2008 AACS.


R 323.1315 Criteria for determining permissibility of encroachments.
 Rule 315. (1) An encroachment in the floodway  which,  acting  alone  or  in 
combination  with  existing  or  future  similar  works,  may  cause  harmful 
interference shall not be approved. In making this determination, an analysis 
shall be made for a range of discharges up  to  and  including  the  100-year 
flood discharge modified to reflect  changes  in  land  use  and  development 
reasonably anticipated to occur within the watershed up to twenty years  from 
the date of application.
 (2) A bridge or culvert, constructed or reconstructed, shall be  capable  of 
passing the 100-year flood without causing harmful interference.
 (3) An encroachment in the floodplain,  landward  of  the  floodway  limits, 
which, acting alone or in combination with existing or future similar  works, 
does not cause harmful interference may be permitted.

  History:  1979 AC; 1984 AACS; 1998 AACS.


R 323.1316  Minor project categories.
  Rule 316.  Upon receipt of an application for  a  permit  for  any  of  the 
following minor projects, the department may act  upon  the  application,  if 
accompanied by a fee of $100.00, as provided for in section 3103 of Act. No.
451 of the Public Acts of 1994, as amended, being S324.3103 of  the  Michigan 
Compiled Laws:
  (a) Construction, filling, or grading that  is  landward  of  the  floodway 
limit identified in flooplain delineation studies listed in R 323.1314(1).
  (b) Construction, filling, or grading that is landward of the bed and banks 
of the St. Marys, St. Claire, and Detroit Rivers.
  (c) Construction, filling, or grading that  is  landward  of  the  floodway 
limits as determined by the department on stream reaches or  in  areas  where 
floodways have not been defined by R 323.1314(1).
  (d) Any construction of filling  which  is  located  within  the  following 
critical floowater storage areas and which is done on an  individually  owned 
subdivision lot where the construction and fill  is  confined  to  less  than 
5,000 square feet:
  (i) Clinton river forks, as follows:
Land areas within the 100-year floodplain of the Clinton river  and  branches 
within Clinton township and Macomb township, Macomb county.
  (ii) Saginaw river storage area, as follows:
Land  areas  within  the  100-year  floodplain  of  the  Saginaw  river   and 
tributaries, including Cheboyganing and Dutch creeks, between the  cities  of 
Saginaw and Bay City, Saginaw and Bay counties.
  (iii) Shiawassee flats, as follows:
Land areas within the  100-year  floodplain  of  the  lower  reaches  of  the 
Shiawassee, Cass, Flint, Tittabawassee, and Bad rivers within Saginaw county.
  (iv) Snake creek, as follows:
Land areas within the 100-year floodplain of  Snake  creek  in  the  city  of 
Midland, Midland county.
  (v) Rush creek, as follows:
Land areas within  the  100-year  floodplain  of  Rush  creek  in  Georgetown 
township and the city of Hudsonville, Ottawa county.
  (vi) Frank and Poet drain, as follows:
Land areas within the 100-year floofplain of the Frank and Poet drain in  the 
city of Trenton, Wayne county.
  (e) A clear span bridge that has the lowest bottom of beam elevation at  or 
above the natural ground elevations on either  bank  and  the  approach  fill 
sloping to natural ground elevations within 10 feet  on  either  end  of  the 
bridge.
  (f) A culvert which has  an  effective  waterway  opening  that  equals  or 
exceeds the cross-sectional area of the channel, which has the fill over  the 
culvert that is not more than 1.5 feet, and  which  has  approach  fill  that 
slopes to natural ground elevations within 10 feet  on  either  side  of  the 
culvert.
  (g) A boardwalk which is of open pile construction and which is landward of 
or along the existing shoreline.
  (h) A pond where excavated materials are placed landward of  the  floodway, 
as defined in R 323.1311(g).
  (i) A parking lot constructed at grade or resurfacing that is not more than 
4 inches above the existing surface.
  (j) A deckplaced on a residential structure which is of open  pile  design, 
which is anchored to prevent flotation, and which does not  extend  over  the 
bed and bank of a river or stream.
  (k) A stormwater outfall which conforms ot the side  slope  of  the  river, 
stream, or waterway and which does not project beyond the shoreline.

  History:  1996 AACS.


R  323.1329   Hearings.
  Rule 329. A person who feels aggrieved by any action  taken   pursuant   to 
sections 3101 to 3119 of Act No. 451  of  the  Public  Acts   of   1994,   as 
amended, being SS324.3101 to 324.3119 of the Michigan   Compiled   Laws,   or 
these rules may request a hearing in accordance with the  provisions  of  Act 
No. 306 of the Public Acts of 1969, as amended, being S24.201  et   seq.   of 
the Michigan Compiled Laws.

  History:  1984 AACS; 1996 AACS.