DEPARTMENT OF ENVIRONMENTAL QUALITY  
WATER RESOURCE DIVISION  
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)  
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 a person who fulfills 1 or more of the following  
requirements:  
(i) The person owns or holds a recorded easement on the property.  
(ii) The person is engaged in construction in a public right-of-way in accordance  
with sections 13, 14, 15, and 16 of 1925 PA 368, MCL 247.183, 247.184, 247.185, and  
247.186.  
(iii) The person is engaged in a project that meets all of the following conditions:  
(A) The project is related to 1 or more roads, highways, sidewalks, trails,  
driveways, parking areas, forms of public transit, forms of nonmotorized transportation,  
or boating, including all structures, improvements, features, and lands related to the  
project.  
(B) One or more state agency or local unit of government owns, exercises  
jurisdiction over, or holds a recorded easement on the property in the area where the earth  
change will occur.  
(C) All state agencies or local units of government that own, exercises jurisdiction  
over, or have a recorded easement on the property in the area where the earth change will  
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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  
movement.  
(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  
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.  
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(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  
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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 ยง 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.  
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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.  
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(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.  
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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 water resources 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; 2017 AACS.  
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