Michigan Laws 324.30306 – Permit for use or development listed in MCL 324.30304; filing, form, and contents of application; proposed use or development as single permit application; fee; work done in violation of permit requir
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Terms Used In Michigan Laws 324.30306
- Department: means the department of environmental quality. See Michigan Laws 324.30301
- Person: means an individual, sole proprietorship, partnership, corporation, association, municipality, this state, an instrumentality or agency of this state, the federal government, an instrumentality or agency of the federal government, or other legal entity. See Michigan Laws 324.30301
- Wetland: means a land or water feature, commonly referred to as a bog, swamp, or marsh, inundated or saturated by water at a frequency and duration sufficient to support, and that under normal circumstances does support, hydric soils and a predominance of wetland vegetation or aquatic life. See Michigan Laws 324.30301
(1) Except as provided in section 30307(6), to obtain a permit for a use or development listed in section 30304, a person shall file an application with the department on a form provided by the department. The application shall include all of the following:
(a) The person’s name and address.
(b) The location of the wetland.
(c) A description of the wetland.
(d) A statement and appropriate drawings describing the proposed use or development.
(e) The wetland owner’s name and address.
(f) An environmental assessment of the proposed use or development if requested by the department. The assessment shall include the effects upon wetland benefits and the effects upon the water quality, flow, and levels, and the wildlife, fish, and vegetation within any contiguous inland lake or stream.
(2) For the purposes of subsection (1), a proposed use or development of a wetland shall be covered by a single permit application under this part if the scope, extent, and purpose of a use or development are made known at the time of the application for the permit.
(3) Except as provided in subsections (4) and (5), an application for a permit submitted under subsection (1) shall be accompanied by the following application fee, as applicable:
(a) For a project in a category of activities for which a general permit is issued under section 30312(2), a fee of $50.00.
(b) For activities included in a minor project category established under section 30312(1), a fee of $100.00.
(c) For a major project, including any of the following, a fee of $2,000.00:
(i) Filling or draining of 1 acre or more of coastal or inland wetland.
(ii) 10,000 cubic yards or more of wetland fill.
(iii) A new golf course affecting wetland.
(iv) A subdivision affecting wetland.
(v) A condominium affecting wetland.
(d) For all other projects, a fee of $500.00.
(4) A project that requires review and approval under this part and 1 or more of the following is subject to only the single highest fee required under this part or the following:
(a) Section 3104.
(b) Part 301.
(c) Part 323.
(d) Part 325.
(e) Section 117 of the land division act, 1967 PA 288, MCL 560.117.
(5) If work has been done in violation of a permit requirement under this part, the department shall consider accepting and may accept an application for a permit if the application is accompanied by a fee equal to twice the application fee otherwise required under this section.
(6) If the department determines that a permit is not required under this part or denies an application for a permit under this part, the department shall promptly refund the application fee paid under this section.
(7) The department may issue a conditional permit before the expiration of the 20-day period referred to in section 30307 if emergency conditions warrant a project to protect property or the public health, safety, or welfare.