occur grant a permit or written authorization to the person that specifies where the earth
change is allowed to occur.
(D) No state agency or local unit of government that owns, exercises jurisdiction
over, or holds a recorded easement in the area where the earth change will occur has
control over the project during construction. The control prohibited by this subparagraph
includes, but is not limited to, paying for or having a financial interest in the project
during construction or directing contractors and other individuals engaged in construction
work. The control prohibited by this subparagraph does not consist solely of establishing
construction requirements or conducting inspections.
(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 1994 PA 451, MCL 324.9101 to 324.9123.
(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
(j) "Storm water retention basin" means an area that is constructed to capture
surface water runoff and that 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 that may or may not
be serving as a drain as defined in 1956 PA 40, MCLs 280.1 to 280.630, 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 that are installed or constructed to control soil erosion and
sedimentation and that are not maintained after project completion.
(m) "Permanent soil erosion and sedimentation control measures" means control
measures that are installed or constructed to control soil erosion and sedimentation and
that 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; 2017 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
(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.