(a) Construction, filling, or grading that is landward of the floodway limit
identified in flooplain delineation studies listed in R 323.1314(1).
(b) Construction, filling, or grading that is landward of the bed and banks of the St.
Marys, St. Claire, and Detroit Rivers.
(c) Construction, filling, or grading that is landward of the floodway limits as
determined by the department on stream reaches or in areas where floodways have not
been defined by R 323.1314(1).
(d) Any construction of filling which is located within the following critical
floowater storage areas and which is done on an individually owned subdivision lot
where the construction and fill is confined to less than 5,000 square feet:
(i) Clinton river forks, as follows: Land areas within the 100-year floodplain of the
Clinton river and branches within Clinton township and Macomb township, Macomb
(ii) Saginaw river storage area, as follows: Land areas within the 100-year
floodplain of the Saginaw river and tributaries, including Cheboyganing and Dutch
creeks, between the cities of Saginaw and Bay City, Saginaw and Bay counties.
(iii) Shiawassee flats, as follows: Land areas within the 100-year floodplain of the
lower reaches of the Shiawassee, Cass, Flint, Tittabawassee, and Bad rivers within
(iv) Snake creek, as follows: Land areas within the 100-year floodplain of Snake
creek in the city of Midland, Midland county.
(v) Rush creek, as follows : Land areas within the 100-year floodplain of Rush
creek in Georgetown
township and the city of Hudsonville, Ottawa county.
(vi) Frank and Poet drain, as follows: Land areas within the 100-year floofplain of
the Frank and Poet drain in the city of Trenton, Wayne county.
(e) A clear span bridge that has the lowest bottom of beam elevation at or above the
natural ground elevations on either bank and the approach fill sloping to natural
ground elevations within 10 feet on either end of the bridge.
(f) A culvert which has an effective waterway opening that equals or exceeds
the cross-sectional area of the channel, which has the fill over the culvert that is not more
than 1.5 feet, and which has approach fill that slopes to natural ground elevations
within 10 feet on either side of the culvert.
(g) A boardwalk which is of open pile construction and which is landward of or
along the existing shoreline.
(h) A pond where excavated materials are placed landward of the floodway, as
defined in R 323.1311(g).
(i) A parking lot constructed at grade or resurfacing that is not more than 4 inches
above the existing surface.
(j) A deckplaced on a residential structure which is of open pile design, which is
anchored to prevent flotation, and which does not extend over the bed and bank of a
river or stream.
(k) A stormwater outfall which conforms of the side slope of the river, stream, or
waterway and which does not project beyond the shoreline.
History: 1996 AACS.