You do not generally need a permit under Section 404 if your discharges of dredged or fill material are associated with normal farming, ranching, or silviculture activities such as plowing, cultivating, minor drainage, and harvesting for the production of food, fiber, and forest products or upland soil and water conservation practices. Maintenance of structures such as dams, dikes, and levees Maintenance (but not construction) of drainage ditchesĬonstruction and maintenance of irrigation ditchesĬonstruction and maintenance of farm or stock pondsĬonstruction and maintenance of farm and forest roads, in accordance with best management practices Activities Exempt under the Clean Water Act, Section 404(f)(1)Įstablished (ongoing) farming, ranching, and silviculture activities such as plowing, seeding, cultivating, minor drainage, harvesting for the production of food, fiber, and forest products, or upland soil and water conservation practices However, certain activities are exempt from permit requirements under Section 404(f)(1). A person seeking authorization under a General Permit or Minor Project Category must submit a permit application using the EGLE/USACE Joint Permit Application Form.In general, Section 404 of the Clean Water Act requires permits for the discharge of dredged or fill material into waters of the United States, including wetlands. Activities that are authorized under a General Permit or Minor Project Category do not require an individual public notice, are often subject to lower application fees, and are generally not subject to mitigation requirements. Part 303 authorizes EGLE to define types of activities that would be expected to have only a minor impact on wetlands and that can, therefore, be reviewed through an expedited permit application process. The Water Resources Division will determine whether a permit application requires joint state and federal review, and when appropriate, will forward these permit applications to the USACE Detroit office for federal permitting review. Army Corps of Engineers (USACE) for proposed projects in areas which have both state and federal jurisdiction. Decisions on permit applications can be appealed by contacting the Office of Administrative Hearings in writing within 60 days of the permit decision and requesting a formal hearing.Ī joint state and federal permit process has been established between EGLE and the U.S. EGLE also considers any public comments that have been received prior to making a permit decision.ĮGLE may approve a permit application, request modification to an application, or deny an application. In general, the applicant must show avoidance of wetland resources to the greatest extent possible and minimization of unavoidable wetland impacts. Removing tree stumps, Bulldozing, Digging a pondĬonstruct, operate, or maintain any use or developmentĬonstruction of buildings or structures, Boardwalks, Peat mining, Water treatmentĭiverting water to another area via ditch, pump or drainĭecisions on wetland permit applications are based on EGLE's review of the proposed project in light of the criteria in Part 303 and associated administrative rules. According to Part 303, Wetlands Protection, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended, a person may not do any of the following activities in a wetland without a permit from EGLE: Activityĭeposit or permit the placing of fill materialĭredge, remove, or permit the removal of soil or minerals
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