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                       DEPARTMENT OF ENVIRONMENTAL QUALITY

                                WATER BUREAU

                PART 17.  SOIL EROSION AND SEDIMENTATION CONTROL


(By authority  conferred  on  the  department  of  environmental  quality  by 
sections 9104 and 9114 of 1994 PA 451, MCL 324.9104 and 324.9114)

Editor's Note: An obvious error in the authority line and was  corrected   at 
the  request of the promulgating agency, pursuant to Section 56  of  1969  PA 
306, as amended by 2000 PA 262, MCL 24.256.  The authority  line   containing 
the  error was  published  in Michigan Register, 2007 MR 19.  The  memorandum
requesting the  correction  was published in Michigan Register, 2007 MR 20.
 


              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 зз247.183, 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 зз324.9101 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 з280.1 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:  1979 AC; 1998 AACS.


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:  1979 AC; 1998 AACS.


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:  1979 AC; 1998 AACS.


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:  1979 AC; 1998 AACS.


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 з 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:  1979 AC; 1998 AACS.


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:  1979 AC; 1998 AACS.


R 323.1707  Application review and permit procedures.
   Rule 1707.  (1) A  person  who  is  designated  by  the  county  or  local 
enforcing agency 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  by  first-class  mail.   If  an  applicant  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) 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.
   (4) 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:  1979 AC; 1998 AACS; 2007 AACS.


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:  1979 AC; 1998 AACS.


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:  1979 AC; 1998 AACS.


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:  1979 AC; 1998 AACS.


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:  1979 AC; 1998 AACS.


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:  1979 AC; 1998 AACS.


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:  1979 AC; 1998 AACS.


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:  1979 AC; 1998 AACS.