DEPARTMENT OF ENVIRONMENTAL QUALITY  
WATER RESOURCES DIVISION  
INLAND LAKES AND STREAMS  
(By authority conferred on the director of the department of environmental quality by  
section 30110 of Act 1994 PA 451, MCL 324.30110.)  
R 281.811 Definitions.  
Rule 1. (1) As used in these rules:  
(a) "Act" means Act No. 451 of the Public Acts of 1994, as amended, being  
S324.101 et seq. of the Michigan Compiled Laws.  
(b) "Applicant" means a person applying for a permit under the act.  
(c) "Bottomland dredging" means dredging of channels and canals and the removal  
of any rock, stone, soil, or other material from bottomlands.  
(d) "Bottomland filling" means the placement of rock, stone, soil, or other material  
on bottomlands.  
(e) "Placement of structures on bottomlands" does not mean the installation of clear  
span overhead utility wires if they do not restrict navigation for watercraft that typically  
ply the waterway and if they provide equal or greater clearance than other permanent  
overhead restrictions in the immediate area or utility lines installed as an integral part of a  
bridge superstructure and above the elevation of the low beam or utility lines  
immediately above the top of a culvert.  
(f) "Public trust" means all of the following:  
(i) The paramount right of the public to navigate and fish in all inland lakes and  
streams that are navigable.  
(ii) The perpetual duty of the state to preserve and protect the public's right to  
navigate and fish in all inland lakes and streams that are navigable.  
(iii) The paramount concern of the public and the protection of the air, water, and  
other natural resources of this state against pollution, impairment, and destruction.  
(iv) The duty of the state to protect the air, water, and other natural resources of this  
state against pollution, impairment, or destruction.  
(g) "Reasonable sanding of beaches to the existing water's edge" means placing a  
layer of sand which is free of organic or other pollutant materials and which does not  
shift the location of the existing ordinary high watermark or shoreline contour.  
(2) "Riparian rights," as defined in the act, means all the rights accruing to the  
owners of riparian property, including the following rights, subject to the public trust:  
(a) Access to the navigable waters.  
(b) Dockage to boatable waters, known as wharfage.  
(c) Use of water for general purposes, such as bathing and domestic use.  
(d) Title to natural accretions.  
(3) Terms defined in the act have the same meanings when used in these rules.  
History: 1979 AC; 1982 AACS; 1985 AACS; 1998-2000 AACS; 2015 AACS.  
Page 1  
R 281.812 Permit applications.  
Rule 2. (1) An application for permit shall be made on a form as prescribed  
and provided by the department. Application forms may be obtained from the land  
resource programs division of the department of natural resources or from any  
designated field office of the department.  
(2) An application for a permit shall not be deemed as received or filed with the  
department until all information requested on the application form, the application  
fee, and any other information requested by the department have been received by  
the department. For purposes  
of determining when the period for granting or  
denying a permit begins, an application shall not be deemed to be filed with the  
department until all information requested by the department has been received.  
(3) Application fees shall be submitted to the department with the initial  
submittal of an application form. The fee shall be paid by check, money order, or draft  
made payable to: "State of Michigan."  
(4) After receipt of an otherwise complete application, the department may  
request such additional information, environmental assessments, waterway design  
calculations, records, or documents as are determined to be necessary to make a  
decision to grant or deny a permit.  
(5) An application shall be considered to be withdrawn and the file for the  
application shall be closed if an applicant fails to respond to any written inquiry or  
request from the department within 30 days of the request.  
(6) An application for a permit to construct or replace a bridge or culvert shall  
include complete plans and specifications describing the proposed work.  
(7) When the proposed project includes activities at multiple locations or numerous  
lakes or streams, the applicant may submit a preliminary site plan showing the proposed  
work and all lakes or streams involved. After completing a timely field  
investigation, the department shall advise the applicant of those activities which  
require a permit.  
(8) An application to construct a new marina or expand the watercraft handling  
capacity of an existing marina shall include documentation as to how the facility will  
provide watercraft sanitary holding tank pumpout services as required under section  
5 of Act No. 167 of the Public Acts of 1970, as amended, being S323.335 et seq. of the  
Michigan Compiled Laws.  
History: 1979 AC; 1982 AC; 1985 AACS.  
R 281.813 Permit conditions.  
Rule 3. (1) A permit shall provide that the work authorized in the permit shall be  
completed within a specified term, normally not more than 1 year from the date of  
issuance, or as otherwise determined by the department. For long- term projects, the  
department may authorize a permit for up to 5 years.The department may grant an  
extension of time. The department shall not require an administrative fee for  
processing requests for an extension of time.  
Page 2  
(2) The department shall ensure that a permit that authorizes a project which  
involves a lake or stream crossing by pipelines or utilities specifically conditions  
the activity to be subject to the requirements and specifications of R 281.832.  
(3) A permit does not obviate the necessity of receiving approval from the Drinking  
Water and Radiological Protection Division of the department or a local unit of  
government when applicable, including a local unit of government responsible for  
administering parts 91 and 323 of the act and the United States army corps of engineers,  
where applicable.  
(4) The department shall not issue a permit, except for a conditional permit or a  
permit under a minor project category, until 20 days after the mailing of the list to each  
eligible subscriber as provided for in section 30105(1) of the act.  
(5) Upon request, the department shall provide any person with a copy of a permit  
application and supporting documents under Act No. 442 of the Public Acts of 1976, as  
amended, being S15.231 et seq. of the Michigan Compiled Laws.  
(6) The department may consider a mitigation plan submitted by the applicant  
and incorporate the mitigation actions as permit conditions for the improvement of the  
existing resources or the creation of a new resource to offset resource losses resulting  
from the proposed project, if acceptable.  
(7) The department may reissue a permit for an expired permit without an  
additional fee if a written request is made within 1 year of the expiration date of the  
expired permit. The department must find that the basis for issuing the original permit  
is still valid before reissuing an expired permit.  
History: 1979 AC; 1982 AACS; 1985 AACS; 1998-2000 AACS.  
R 281.814 Environmental assessment.  
Rule 4. In each application for a permit, all existing and potential adverse  
environmental effects shall be determined and the department shall not issue a permit  
unless the department determines both of the following:  
(a) That the adverse impacts to the public trust, riparian rights, and the environment  
will be minimal.  
(b) That a feasible and prudent alternative is not available.  
History: 1979 AC; 1998-2000 AACS.  
R 281.815 Structure maintenance.  
Rule 5. The following structures may be maintained in accordance with section  
30103(j) of the act:  
(a) Seawalls, if the repair is only of the seawall facing or sheeting or support piling  
and if the maintenance does not encompass more than 25% of the permitted seawall  
length. Cap maintenance or replacement can be done for 100% of permitted seawalls.  
(b) Riprap shore protection structures, if original materials have been displaced by  
erosion or ice damage and the placement of earthen fill will not be required as part of the  
Page 3  
maintenance and if retrieval of the riprap will not cause disruption of adjacent  
bottomland.  
(c) Noncommercial docks, boat hoists, and pilings.  
(d) Boat ramps if the maintenance does not require dredging.  
(e) Bridges and culverts, if the maintenance is of an existing in-place structure and  
does not involve removal of the structure or alteration of the watercourse, streambed, or  
adjacent banks.  
(f) Dams and lake level control structures, if the maintenance will be conducted  
without drawing down the lake or impoundment and is limited to minor surface  
repairs; the repair or replacement of stop logs, racks, and gates; or surface stabilization  
of earthen embankment-type structures where the work is above the existing water  
surface.  
(g) Docks and pilings of a marina that has a current operating permit from the  
department.  
(h) Lake level control structures, if the temporary variance (winter-  
summer) is established by court order or previously permitted by the department as an  
impoundment operational variation from the crest elevation if adverse environmental  
impacts have not occurred.  
History: 1982 AACS; 1985 AACS; 1998-2000 AACS.  
R 281.816 Rescinded.  
History: 1982 AACS; 1985 AACS; 2012 AACS.  
R 281.817 Minor drainage structures and facilities.  
Rule 7. All of the following structures are minor drainage structures and facilities  
that do not require a permit under section 30103(f) of the act:  
(a) Cross road culverts that serve only to equalize the existing water surfaces at  
the ends of the culvert.  
(b) Cross road culverts constructed to continue the existence of drainage courses  
other than inland lake and streams.  
(c) Roadside ditches which serve to convey storm water runoff from the highway  
right-of-way and which do not serve as a stream.  
(d) Standard appurtenances, including riprap or other shore protection, for storm  
water runoff facilities, such as manholes, catch basins, headwalls, and outlets from off-  
line water retention/detention systems.  
History: 1982 AACS.  
R 281.818 Mainstream portions of natural watercourses.  
Page 4  
Rule 8. The following legally established drains are deemed to be mainstream  
portions of natural watercourses and are not subject to permit exemption pursuant to  
section 4(g) of the act:  
(a) Grand River basin (Jackson county). Point of beginning: The intersection of  
Liberty and Milwaukee streets in the city of Jackson. Point of ending: The west line of  
Rives township, Jackson county, 1,165 feet south of the northwest corner of section 7,  
T1S, R1W.  
(b) Rogue River basin (Newaygo and Kent counties).  
Point of beginning: At its intersection with the southline of section 2, T10N,  
R12W, Tyrone township, Kent county.  
Point of ending: At Ransom lake in section 12, T11N, R12W, Grant  
township, Newago county.  
(c) Shiawassee river trunk drain (Saginaw county).  
Point of beginning: At the junction of the Shiawassee river and the Flint river in  
section 9, T11N, R4E, James township, Saginaw county.  
Point of ending: At a point in mid-channel of said river in section 34, T10N, R3E,  
Charles township, Saginaw county, approximately 0.2 mile from the south line of the  
section.  
(d) Clinton river drain.  
(i) Macomb county  
Point of beginning: The Market street bridge in the city of Mount Clemens.  
Point of ending: The Red Run drain outlet.  
(ii) Oakland county  
Point of beginning: At the intersection with Orchard Lake road on the north line  
of section 32, T3N, R10E, city of Pontiac.  
Point of ending: At the intersection with Auburn road on the east line of section 27,  
T3N, R10E, city of Pontiac.  
(e) Black river drain (Sanilac county).  
Point of beginning: At the south line of section 6, T10N, R16E, Lexington  
township, Sanilac county.  
Point of ending: At the north line of section 1, T12N, R14E, Custer township,  
Sanilac county.  
(f) Maple river drain (Gratiot and Shiawassee counties).  
Point of beginning: At Highway US-27, section 28, T9N, R2W, Washington  
township, Gratiot county.  
Point of ending: At its upper terminus in section 3, T6N, R3E, Shiawassee  
township, Shiawassee county.  
(g) Little Thornapple river drain (Barry and Ionia counties).  
Point of beginning: At the south line (M-43) of section 13, T4N, R8W, Carlton  
township, Barry county.  
Point of ending: At the outlet from Tupper lake where the outlet enters Jordan  
lake in section 34, T5N, R7W, Odessa township, Ionia county.  
(h) Kawkawlin river drain (Bay county).  
Point of beginning: Mouth of river on Saginaw bay, in section 33, T15N, R5E,  
Bangor township, Bay county.  
Page 5  
Point of ending: At the intersection with Euclid avenue on the west side of section 5,  
R14N, R5E, Bangor township, Bay county.  
(i) St. Joseph river drain (Hillsdale county).  
Point of beginning: At the intersection of the line between sections 8 and 9, T8S,  
R4W, Camden township, Hillsdale county.  
Point of ending: At a point 715 feet southeast of the line between sections 25  
and 26, T8S, R4W, Camden township, Hillsdale county.  
(j) East Branch of St. Joseph river drain (Hillsdale county).  
Point of beginning: At the intersection of the line between sections 33 and 34,  
T7S, R1W, Pittsford township, Hillsdale county.  
Point of ending: At the intersection with the state line.  
(k) Pigeon river drain (Huron county).  
Point of beginning: At the mouth of the Pigeon River on Saginaw bay in the  
village of Caseville, including the mouth of the Pigeon river cut-off drain.  
Point of ending: At a point 3/4 of a mile south of Kinde road in section 1, T17N,  
R10E, Caseville township, Huron county.  
History: 1982 AACS.  
R 281.819 Rescinded.  
History: 1982 AACS; 1985 AACS; 2010 AACS.  
BRIDGE CONSTRUCTION  
R 281.821 Conditional permits.  
Rule 11. (1) The department may issue a conditional permit when emergency  
conditions warrant a project to protect property or the public health, safety, or welfare.  
(2) Conditional permits shall be issued only under emergency conditions. Upon a  
determination by the department that a project would be in the best interest of both the  
applicant and the public, the department may declare an emergency condition to exist  
and issue a conditional permit. Physical and economic factors shall be considered  
in determining whether an emergency condition exists.  
(3) Bridge or culvert repairs or replacements may be made under emergency  
conditions upon submitting an application and receiving a conditional permit. A  
written report which includes details of the needed emergency repairs shall accompany  
the application. The department shall give such applications timely response.  
History: 1979 AC; 1982 AACS.  
R 281.822 Rescinded.  
History: 1979 AC; 1982 AACS.  
Page 6  
R 281.823 Bridge construction procedures.  
Rule 13.(1) Each construction project shall be completed so as to prevent  
erosion and subsequent damaging siltation of streams or lakes. The area of erodible  
land exposed to the elements by the grading operations at any one time shall be  
controlled by the owner's engineer and the duration of such exposure before final  
trimming, finishing, or maintenance of the area shall be as short as practicable.  
(2) Gravel or stone consisting of durable particles of rock and containing  
only negligible quantities of fines shall be used for construction pads, haul roads,  
and temporary roads in or across streams.  
(3) When required by the department, a sedimentation  
basin  
shall  
be  
constructed downstream from the work site to trap silt and sediment resulting from  
construction operations. A detailed sketch of a sedimentation basin is available  
on request from the department. The collected silt and sediment shall be removed as  
directed by the owner's engineer and the sedimentation basin shall be removed on  
completion of the project if directed by the department. If found necessary, the  
department may assist the owner in the design of a sedimentation basin.  
(4) The disturbance of lands and waters that are outside the limits of construction  
as staked shall be avoided.  
(5) The owner shall give written notice 5 days before the start of work.  
History: 1979 AC; 1985 AACS.  
R 281.824 Specifications; bridge and culvert projects.  
Rule 14. (1) The department of transportation standard specifications (1970 or  
later editions) listed in this rule are necessary for the protection of natural  
resources. These specifications are intended to cover all construction and related  
work as it affects natural resources found in and adjacent to work areas.  
(2) General coverage in proposal or specifications as follows:  
(a) Protection and restoration of property......Sec. 1.07.07 Std. Specs.  
(b) Forest protection...........................Sec. 1.07.13 Specs.  
(c) Control of water pollution and siltation....Sec. 1.07.14 Specs.  
(d) Borrow areas................................Sec. 2.08.01 Std. Specs.  
(e) Borrow area restoration.....................Supp. Specs.  
(f) Channel excavation..........................Sec. 2.09.05 Std. Specs.  
(3) The following are additional department of transportation standard  
specifications covering measures for prevention of erosion and siltation:  
(a) Topsoil surface.............................Sec. 6.53 Std. Specs.  
(b) Mulching....................................Sec. 6.54 Std. Specs.  
(c) Seeding.....................................Sec. 6.52 Std. Specs.  
(d) Fertilizing.................................Sec. 6.52 Std. Specs.  
(e) Riprap (plain-heavy)........................Sec. 6.01 Std. Specs.  
(f) Cobble gutter (plain-grouted)...............Sec. 6.03 Std. Specs.  
(g) Slope planting..............................Sec. 6.55 Std. Specs.  
(h) Dune grass planting.........................Sec. 6.56 Std. Specs.  
(i) Sodding.....................................Sec. 6.51 Std. Specs.  
Page 7  
(j) Slope protection............................Sec. 6.01 Std. Specs.  
(k) Crushed limestone surface...................Supp. Specs.  
(l) Paved ditches...............................Supp. Specs.  
(m) Rye seeding.................................Sec. 6.52 & Supp. Specs.  
(4) The state highway design office has information for the design engineer on  
control of erosion through sodding; water control by catch basins, downspouts,  
concrete shoulders, and spillways; borrow restoration, particularly adjacent to  
highway limits; and seeding, mulching, and plantings. The following standard plans  
are available:  
(a) Special outlet headwalls, etc.................E-4-A-9F.  
(b) Sodding, etc..................................E-4-A-10D.  
(c) Paved ditches, etc............................E-4-A-110C.  
(d) Shoulder gutter and spillway..................E-4-A-128.  
History: 1979 AC; 1982 AACS.  
PIPELINE AND OTHER UTILITY WATER CROSSING  
R 281.831 Rescinded.  
History: 1979 AC; 1982 AACS.  
R 281.832 Pipelines and conduits generally.  
Rule 22.(1) In the planning stages for pipeline and other utility water course  
crossings, the applicant shall consider and evaluate the economic and environmental  
feasibility of using existing utility corridors for new installations. Applicants shall  
also consider and evaluate the economic and environmental feasibility of using  
directional drilling/boring technology and other available methods to conduct lake and  
stream crossings. Based on the applicant's evaluations, the applicant shall propose to  
use corridors and watercourse crossing methods that, with all factors considered,  
represent the least overall environmental impact while still allowing the project to be  
completed in a reasonable and cost effective time frame.  
(2) The use of directional drilling/boring methods to conduct lake and stream  
crossings will not be regulated by part 301 of the act if all of the following provisions  
are satisfied:  
(a) A minimum of 10 feet is maintained from the top of the conduit and the bottom  
of the lake or stream.  
(b) The entry and exit points are located far enough away from the lake or stream  
banks to assure that bank disturbance does not occur.  
(c) The drilling or boring sites (pits) are located outside of any applicable  
natural river designation setback requirements.  
(d) The drilling or boring operations will not result in the eruption/release  
of any drilling fluids up through the ground and into the lake or stream. If, however,  
the eruptions/releases occur below the ordinary high watermark of the water body, then  
Page 8  
an after-the-fact permit application shall be submitted with a detailed description of  
how the crossing was completed, how the eruption was minimized, contained, and  
cleaned up, and how the site was restored.  
(3) As part of the permit application other than as specified in subrule (2) of this  
rule, an applicant shall submit to the department 5 copies of general construction plans,  
including, but not limited to, a complete route map that identifies each lake, stream, and  
wetland crossing, soil erosion control plans, if a soil erosion and sedimentation control  
permit from the  
state is required, and an explanation, together with plans and specifications,  
of the methods to be used to complete all crossings. Before solicitation of bids and  
acquisition of rights-of-way, a permit applicant may submit an application to the  
department for review and permit issuance under part 301 of the act.  
(4) If either the department or the applicant deem it necessary,  
a
preconstruction meeting shall be held in order to thoroughly acquaint all concerned  
parties with the measures that must be taken to minimize erosion and siltation and  
properly protect the natural resources in the project area.  
(5) A permittee shall give the department 10 days' written notice before beginning  
work.  
(6) A permittee shall take all necessary steps to prevent damage to fish and game  
habitat and to preserve the natural resources of the state. A permittee shall carry out  
excavation so as to minimize the discharge of damaging material into any stream,  
lake, or reservoir.  
(7) A permittee shall complete the work of clearing, scalping, grading, slope  
erosion protection, ditching, backfilling, and final cleanup within 50 feet of streams,  
lakes, and reservoirs within as short a period as reasonably possible, but not more  
than 24 hours, in order to minimize erosion occurring from wind and precipitation.  
(8) A permittee shall complete final site stabilization measures within 3 days of  
completing the final site grading and final site cleanup.  
(9) A permittee shall stop trench excavation on any 1 spread when 10,000 feet  
remain open, except as authorized in the permit issued by the department.  
(10) A permittee shall accomplish replacing bank plugs and grading stream banks  
within 50 feet immediately after laying pipe.  
History: 1998-2000 AACS.  
R 281.833 Rescinded.  
History: 1998-2000 AACS.  
R 281.834 Sedimentation basins and cofferdams.  
Rule 24.(1) A permittee shall construct sedimentation basins or cofferdams, where  
required by permit condition, before any other work is performed at the site crossing.  
The permittee shall maintain sediment removal efficiency of sediment basins during the  
development period by regular cleaning of sediment from the basins and proper spoil  
Page 9  
disposal. A detail sketch of a sediment basin is available on request from the  
department.  
(2) A permittee shall remove temporary weirs or cofferdams, including any  
materials trapped by them in the control of siltation, within 2 weeks of final cleanup.  
The department may require the intermittent removal of silt or sand by the permittee  
during construction for proper operation of sedimentation basins. In any event, a  
permittee shall clean the sedimentation basins before removal of weirs and coffer  
dams.  
(3) A permittee shall construct weirs of continuous interlocking steel sheeting,  
except where the department authorizes other substitute materials. When specified by the  
department, a permittee shall furnish a detail sheet of the weir installation.  
(4) A applicant is responsible for securing the necessary approval of private land  
owners where temporary additional right-of-way or easement is necessary to construct  
and operate a settling basin. An easement is not required in locations where the  
crossing is made on state-owned lands.  
History: 1998-2000 AACS.  
R 281.835 Haul roads.  
Rule 25.(1) The method for crossing streams where temporary haul roads are being  
constructed shall involve technologically available clear span structures, such as  
bailey bridges or flat beds or, alternatively, haul roads shall be constructed of coarse  
aggregate with culverts or logs, or both, laid  
parallel to the stream. A permittee may use only course aggregate or metal or wood  
mats as a running surface on log construction. A permittee shall protect the side slopes  
with permanent riprap, as specified  
in R 281.837, up to a level 2 rows above the normal water level and over the ends of  
the culverts.  
(2) A permittee shall ensure that permanent haul roads crossing streams, that is  
roads that are to be left in place at the request of the property owner comply with part  
31 of the act. The property owner shall submit plans and specifications for the crossing  
to the department together with his application for a permit to construct the facilities.  
(3) A permittee shall ensure that both temporary and permanent haul roads have  
adequate top width to permit passage of all construction equipment without sloughing  
of side slopes.  
(4) A permittee shall ensure that culverts which are of an adequate size and length  
and which are approved by the department are utilized in the construction of both  
temporary and permanent haul roads.  
(5) The fording of streams which causes only minimal disturbance of stream banks  
or bottomland and which results in no more than momentary sedimentation or siltation is  
not regulated by this rule. Where temporary fording areas are potentially available to  
the public, such as along utility easements, a permittee shall place vehicle barriers to  
deter continuous use by the public for reasons other than the original purpose of the ford.  
History: 1998-2000 AACS.  
Page 10  
R 281.836 Trench excavation.  
Rule 26.(1) All pipe trenches shall be excavated to a depth which will provide a  
minimum cover of 30 inches from the bed of the stream to the top of the pipe. This  
minimum cover shall control except where special conditions at certain water  
crossings may warrant a lesser or greater depth of cover.  
(2) Appropriate trench excavation methods shall be employed to minimize  
material from the pipe trench flowing into the stream, giving due consideration to  
the soil, terrain, cover, side slopes and weather conditions involved.  
(3) The pipe trench excavation shall stop some distance from the stream to leave a  
protective plug of 10 to 20 feet of unexcavated material at each bank. The plugs  
shall be left in place until the pipe-laying operation across the stream has begun.  
Bypassing of water in the trench to the side by diversion ditches or by pumping may be  
required at certain water crossings.  
(4) The trench in the stream bed may be backfilled if the material used does not  
cause excessive siltation. Stone, coarse aggregate or washed gravel shall be used  
where backfill is required and where use of existing material will cause excessive  
siltation.  
(5) Pumping or draining from trench excavations shall be made on either side of  
the pipeline and not into the waters of the state. The owner shall secure the necessary  
approval of private landowners before discharging water from the trench excavation  
onto private lands.  
History: 1979 AC.  
R 281.837 Stream bank protection; pipeline and utility projects.  
Rule 27.(1) Following the installation of the pipeline or cable, A permittee  
shall immediately restore all work areas along or across streams or lakes and shall  
stabilize the exposed beds and banks within  
7
days, except where subsequent  
permission is provided for a pumping and testing operation.  
(2) A permittee shall ensure that all disturbed stream banks have a finished  
slope not steeper than 1 vertical to 2 horizontal to prevent sloughing until stabilized  
by vegetative cover or riprap. A permittee shall ensure that the 1 on 2 slope is graded up  
and back to the high waterline. A permittee shall ensure that if the top of the natural  
bank is more than 3 feet above the high waterline, a minimum 10-foot long berm is  
constructed at the highwater line and the remaining slope is constructed upward  
parallel with, or on a flatter slope than, the original natural bank.  
(3) A permittee shall ensure that all raw soil exposed above the permanent riprap  
protection line is sodded, riprapped, or seeded, fertilized, and mulched. A permittee  
may use temporary riprap (sandbags).  
(4) A permittee shall ensure that mulching, seeding, and fertilizing is done in  
accordance with natural resource conservation service standards and specific soil test  
analysis for appropriate fertilizer application rates.  
(5) A permittee shall ensure that permanent riprap is placed from the bed of the  
channel to an elevation necessary to assure bank stabilization. A permittee shall ensure  
that permanent riprap is a 5-to-1 mix of sand to cement in burlap or canvas bags or  
Page 11  
biodegradable sacks, fitted broken concrete, properly sized rock, or other material  
approved by the department. A permittee shall ensure that riprap is free of protruding  
reinforcing metal.  
(6) A permittee shall ensure that deflecting dikes, which are reinforced by 1 row of  
sandbags, are used to divert runoff and minimize slope erosion from steep slopes  
adjacent to water crossings where the contributing runoff could be great enough to cause  
slope erosion. A permittee shall ensure that water is diverted to undisturbed areas  
adjacent to the right-of-way.  
(7) A permittee shall ensure that deflecting dikes are placed along the top of all  
stream banks where the entire slope is not protected with riprap. A permittee shall also  
place deflecting dikes at the top of, and at 100-foot intervals or less on, slopes greater  
than 20%.  
History: 1979 AC; 1982 AACS; 1985 AACS.  
R 281.838 Final clean-up.  
Rule 28. Final clean-up shall consist of removing the temporary haul road  
across the stream; reshaping the stream as nearly as possible to  
its original  
configuration, width, depth and bottom material; protection of the stream banks as  
specified in R 281.837; and removing all construction material and debris from the  
crossing site, including any material and debris downstream from the site as a result  
of the pipeline construction.  
History: 1979 AC.  
R 281.839 Rescinded.  
History: 1979 AC; 1985 AACS; 1998-2000 AACS.  
R 281.841 Rescinded.  
History: 1979 AC; 1982 AACS; 1998-2000 AACS.  
R 281.842 Notification of pending applications.  
Rule 32. The list prepared and mailed by the department under section 6(1) of the  
act shall include permit applications received during each week. The department shall  
mail the list monthly to each subscriber. The list shall include all of the following  
information:  
(a) Process number.  
(b) Applicant's name and address.  
(c) Watercourse.  
(d) Location of proposal by town, range, and section.  
(e) Project description.  
Page 12  
History: 1979 AC; 1982 AACS; 1985 AACS; 1998-2000 AACS.  
R 281.843 Hearings.  
Rule 33.(1) The department may hold a public informational hearing when a  
proposed project appears to be controversial or when additional information is desired  
before action by the department.  
(2) All other hearings shall be conducted under section 30110(2) of the act.  
(3) All persons who receive notification under section 30105(1) of the act shall  
receive not less than 10 days' prior notification of any hearings held under the act.  
(4) An aggrieved person requesting a formal hearing under section 30110(2) of the  
act shall request the hearing within 60 days of the department's decision on an  
application.  
History: 1979 AC; 1982 AACS; 1985 AACS; 1998-2000 AACS.  
R 281.844 Notification and inspection of completed project.  
Rule 34. An applicant shall notify the land and water management division of the  
department within 10 days of completion of a project to facilitate scheduling a final  
inspection. An applicant need not notify the land and water management division of a  
minor project unless required as a permit condition.  
History: 1979 AC; 1982 AACS; 1998-2000 AACS.  
R 281.845 Special conditions.  
Rule 35. Whenever vertically upward bottomland displacement, also called  
surcharge, results from filling or other activity immediately adjacent  
to the  
displacement area by the applicant, he shall be responsible for its timely removal at the  
direction of the department.  
History: 1979 AC.  
R 281.846 Rescission.  
Rule 36. The rules of the department entitled "Inland Lakes and Streams" being R  
281.801 to R 281.810 of the Michigan Administrative Code and appearing on pages  
4120 to 4122 of the 1967 Annual Supplement to the Code, are rescinded.  
History: 1979 AC.  
Page 13