DEPARTMENT OF ENVIRONMENTAL QUALITY  
LAND AND WATER MANAGEMENT DIVISION  
WETLANDS PROTECTION  
By authority conferred on the department of environmental quality by section 30319 of  
1994 PA 451, as amended, MCL 324.30319.  
R 281.921 Definitions.  
Rule 1. (1) As used in these rules:  
(a) "Act" means Act No. 203 of the Public Acts of 1979, being S281.701 et seq. of the  
Michigan Compiled Laws.  
(b) "Contiguous" means any of the following:  
(i) A permanent surface water connection or other direct physical contact with an  
inland lake or pond, a river or stream, one of the Great Lakes, or Lake St. Clair.  
(ii) A seasonal or intermittent direct surface water connection to an inland lake or  
pond, a river or stream, one of the Great Lakes, or Lake St. Clair.  
(iii) A wetland is partially or entirely located within 500 feet of the ordinary high  
watermark of an inland lake or pond or a river or stream or is within 1,000 feet of the  
ordinary high watermark of one of the Great Lakes or Lake St. Clair, unless it is  
determined by the department, pursuant to R 281.924(5), that there is no surface water  
or groundwater connection to these waters.  
(iv) Two or more areas of wetland separated only by barriers, such as dikes, roads,  
berms, or other similar features, but with any of the wetland areas contiguous under  
the criteria described in paragraph (i), (ii), or (iii) of this subdivision. The connecting  
waters of the Great Lakes, including the St. Marys, St.Clair, and Detroit rivers, shall be  
considered part of the Great Lakes for purposes of this definition.  
(c) "General permit" means a permit which, as authorized by section 10 of the act, is  
issued for categories of minor activities, as defined in subdivision (f) of this subrule.  
(d) "Individual permit" means a permit which, as authorized by sections 7, 8, and 9 of  
the act, is issued for categories of activities that are not classified as minor.  
(e) "Inland lake or pond, a river or stream" means any of the following:  
(i) A river or stream which has definite banks, a bed, and visible evidence of a  
continued flow or continued occurrence of water.  
(ii) A natural or permanent artificial inland lake or impoundment that has definite  
banks, a bed, visible evidence of a continued occurrence of water, and a surface area  
of water that is more than 5 acres. This does not include lakes constructed by  
excavating or diking dry land and maintained for the sole purpose of cooling or  
storing water and does not include lagoons used for treating polluted water.  
(iii) A natural or permanent artificial pond that has permanent open water with a  
surface area that is more than 1 acre, but less than 5 acres. This does not include ponds  
constructed by excavating or diking dry land and maintained for the sole purpose of  
cooling or storing water and does not include lagoons used for treating polluted water.  
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(f) "Minor activities" means activities that are similar in nature, that will cause only  
minimal adverse environmental effects when performed separately, and that will  
have only minimal cumulative adverse effects on the environment.  
(g) "Wetland vegetation" means plants that exhibit adaptations to allow, under normal  
conditions, germination or propagation and to allow growth with at least their root  
systems in water or saturated soil.  
(2) As used in the act:  
(a) "Electric distribution line" means underground lines below 30 kilovolts and  
lines supported by wood poles.  
(b) "Electric transmission line" means those conductors and their necessary  
supporting or containing structures located outside of buildings that are used for  
transmitting a supply of electric energy, except those lines defined in subdivision (a)  
of this subrule.  
(c) "Pipelines having a diameter of 6 inches or less" means a pipe which is equal to or  
less than what is commonly referred to as a 6-inch pipe and which has an actual measured  
outside diameter of less than 6.75 inches.  
(3) Terms defined in the act have the same meanings when used in these rules.  
History: 1988 AACS.  
Editor's Note: An obvious error in R R 281.921 was corrected at the request of the promulgating agency,  
pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing  
the error was published in AACS 1988. The memorandum requesting the correction was published  
in Michigan Register, 2008 MR 18.  
R 281.922 Permit applications.  
Rule 2. (1) An application for a permit shall be made on a form prescribed and  
provided by the department.  
(2) An application for a permit shall not be deemed as received or filed until the  
department has received all information requested on the application form, the  
application fee, and other information authorized by the act and necessary to reach a  
decision. The period for granting or denying an application begins as soon as all  
such information and the application fee are received by the department.  
(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) An application may be considered to be withdrawn and the file for the  
application may be closed if an applicant fails to respond to any written inquiry or  
request from the department for information requested as a part of the application form  
within 30 days of the request or such longer period of time as needed by the  
applicant to provide the information agreed to, in writing, between the applicant  
and the department.  
(5) Upon request, the department shall provide any person with a copy of a permit  
application and supporting documents consistent with all provisions of Act No.  
442 of the Public Acts of 1976, as amended, being S15.231 et seq. of the Michigan  
Compiled Laws.  
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(6) Decisions reached by the department which deny or modify an application  
for a permit shall be supported by written documentation to the applicant based upon  
the applicable criteria contained in section 9 of the act. The department shall create a  
form based on the criteria from section 9 of the act to be completed and placed  
into each application file. When a proposed activity involves a coordinated review  
by federal agencies as provided for under the act and section 404 of title IV of the  
clean water act of 1977, 33 U.S.C. S1344, the department shall prepare a fact sheet  
pursuant to 40 C.F.R. S124.8 (April 1, 1983) and 40 C.F.R.S233.39 (April 1, 1983)  
for inclusion in the application file.  
History: 1988 AACS.  
R 281.922a Permit application review criteria.  
Rule 2a. (1) The department shall review a permit application to undertake an activity  
listed in section 30304 of the act according to the criteria in section 30311 of the act.  
(2) As required by subsection 30311(4) of the act, a permit applicant shall bear the  
burden of demonstrating that an unacceptable disruption to aquatic resources will not  
occur as a result of the proposed activity and demonstrating either of the following:  
(a) The proposed activity is primarily dependent upon being located in the wetland.  
(b) There are no feasible and prudent alternatives to the proposed activity.  
(3) A permit applicant shall provide adequate information, including documentation  
as required by the department, to support the demonstrations required by section 30311  
of the act. The department shall independently evaluate the information provided by  
the applicant to determine if the applicant has made the required demonstrations.  
(4) A permit applicant shall completely define the purpose for which the permit is  
sought, including all associated activities. An applicant shall not so narrowly define the  
purpose as to limit a complete analysis of whether an activity is primarily dependent upon  
being located in the wetland and of feasible and prudent alternatives.  
The  
department shall independently evaluate and determine if the project purpose has been  
appropriately and adequately defined by the applicant, and shall process the application  
based on that determination.  
(5) The department shall consider a proposed activity as primarily dependent upon  
being located in the wetland only if the activity is the type that requires a location within  
the wetland and wetland conditions to fulfill its basic purpose; that is, it is wetland-  
dependent. Any activity that can be undertaken in a non-wetland location is not primarily  
dependent upon being located in the wetland.  
(6) An alternative is feasible and prudent if both of the following provisions apply:  
(a) The alternative is available and capable of being done after taking into  
consideration cost, existing technology, and logistics.  
(b) The alternative would have less adverse impact on aquatic resources. A feasible and  
prudent alternative may include any or all of the following:  
(i) Use of a location other than the proposed location.  
(ii) A different configuration.  
(iii) Size.  
(iv) Method that will accomplish the basic project purpose.  
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The applicant shall demonstrate that, given all pertinent information, there are no  
feasible and prudent alternatives that have less impact on aquatic resources. In  
making this demonstration, the applicant may provide information regarding factors  
such as alternative construction technologies; alternative project layout and design;  
local land use regulations and infrastructure; and pertinent environmental and resource  
issues. This list of factors is not exhaustive and no particular factor will necessarily  
be dispositive in any given case.  
(7) If an activity is not primarily dependent upon being located in the wetland, it is  
presumed that a feasible and prudent alternative exists unless an applicant clearly  
demonstrates that a feasible and prudent alternative does not exist.  
(8) Unless an applicant clearly demonstrates otherwise, it is presumed that a feasible and  
prudent alternative involving a non-wetland location will have less adverse impact on  
aquatic resources than an alternative involving a wetland location.  
(9) An area not presently owned by the permit applicant that could reasonably be  
obtained, utilized, expanded, or managed in order to fulfill the basic purpose of the  
proposed activity is a feasible and prudent alternative location.  
(10) An alternative may be considered feasible and prudent even if it does not  
accommodate components of a proposed activity that are incidental to or severable from  
the basic purpose of the proposed activity.  
(11) An alternative may be considered feasible and prudent even if it entails higher  
costs or reduced profit. However, the department shall consider the reasonableness of  
the higher costs or reduced profit in making its determination.  
(12) The department may offer a permit for a modification of an activity proposed in  
an application if the proposed activity cannot be permitted under the criteria listed in  
section 30311 of the act and if the modification makes that activity consistent with the  
criteria listed in section 30311 of the act.  
(a) The applicant may accept the permit for the modification of the proposed  
activity by signing it and returning it to the department within 30 days of the date of the  
offer. The permit shall be considered issued upon countersignature by the department.  
(b) The permit application is considered denied if the applicant does not sign and  
return the permit for the modification of the proposed activity to the department within  
thirty days of the date of the offer. The permit applicant may then appeal the denial  
pursuant to sections 30307(2) and 30319(2) of the act.  
(c) The date on which the modification is offered shall be considered the date of the  
department's approval or disapproval of the application pursuant to section 30307(2) of  
the act.  
History: 1988 AACS.  
R 281.923 Permits.  
Rule 3. (1) An application for a proposed activity which is within a general permit  
category may be processed and issued by the department without the noticing or  
hearings specified under sections 7, 8, and 9 of the act. The department may process,  
by public notice, an application which would normally qualify under a general permit  
category to allow more opportunity for public review and comment. Categories of  
minor activities will be established in the general permit in accordance with section 10  
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of the act. The factors set forth in sections 3 and 9 of the act shall be considered in  
determining whether such a permit is in the best interest of the public.  
(2) Applications for activities that are not classified as minor shall be reviewed through  
the process prescribed under sections 7, 8, and 9 of the act. The department may issue  
an individual permit 21 days after the mailing of notification of the permit  
application if comments of nonobjection have been received from the municipality, if  
a public hearing has not been requested, and if the proposed activities are otherwise  
in accordance with the act.  
(3) If the department does not approve or disapprove the permit application  
within the time provided by section 8(2) of the act, the permit application shall be  
considered approved and the department shall be considered to have made the  
determination required by section 9 of the act.  
(4) When a project involves activities regulated under Act No. 247 of the Public  
Acts of 1955, as amended, being S322.701 et seq. of the Michigan Compiled  
Laws, or Act No. 346 of the Public Acts of 1972, as amended, being S281.951 et  
seq. of the Michigan Compiled Laws, or the act, the applicant shall submit 1  
application for all activities regulated under these acts. Only 1 permit for these  
activities will be issued or denied by applying the criteria of the appropriate acts. If  
a permit is issued, conditions shall reflect the requirements of all appropriate acts.  
(5) A permit may be issued for a period extending until the end of the following  
calendar year. A permit may be issued for a longer period of time if agreed to, in  
writing, between the applicant and the department. Before a permit expires, extensions  
of time may be granted by the department upon receipt of a written request from  
the permit holder explaining why such an extension is needed to complete the project.  
Up to two 12-month extensions shall be granted if there is no change in the activity  
for which the permit was originally issued. Administrative fees shall not be required  
for such extensions.  
(6) Any permit issued under the act does not obviate the necessity of receiving,  
when applicable, approval from other federal, state, and local government agencies.  
(7) Any permit issued by the department under the act may be revoked or suspended,  
after notice and an opportunity for a hearing, for any of the following causes:  
(a) A violation of a condition of the permit.  
(b) Obtaining a permit by misrepresentation or failure to fully disclose relevant facts  
in the application.  
(c) A change in a condition that requires a temporary or permanent change in the  
activity.  
History: 1988 AACS.  
R 281.924 Wetland Identification and Assessment.  
Rule 4. (1) When assessing whether a parcel of property or portion of a parcel is  
wetland, as required by section 30321 of the Act, the department shall utilize criteria  
consistent with the definition of "wetland" provided in section 30301(d) of the act. The  
department shall provide a written assessment report to the person who owns or leases  
the property or his or her agent within 30 days of the on-site evaluation, whether the  
parcel contains wetland or nonwetland, or both, and the basis for the determination.  
Page 5  
The department shall evaluate a parcel or any portion of a parcel as identified by the  
person making the request.  
(2) An assessment of wetlands on a parcel of property by the department may include  
any of the following, at the discretion of the person making the request:  
(a) The provision of maps and supporting information that show currently mapped  
wetlands on the property.  
(b) An on-site identification of areas containing wetland and non-wetland on the  
property.  
(c) An on-site review to confirm the identification of wetland boundaries on the  
property by a wetland professional.  
(3) When identifying wetlands, the department shall rely on visible evidence that  
the normal seasonal frequency and duration of water is above, at, or near the surface of  
the area to verify the existence of a wetland. Under normal circumstances, the  
frequency and duration of water that is necessary to determine an area to be a  
wetland will be reflected in the vegetation or aquatic life present within the area  
being considered. A wetland that has not been recently or severely disturbed will  
contain predominance, not just an occurrence, of wetland vegetation or aquatic life. If  
there is a predominance of wetland vegetation, and if there is no direct visible evidence  
that water is, or has been, at or above the surface, then the department shall use the  
following characteristics of the soils or substrate to verify the existence of a wetland:  
(a) The presence of a soil that is saturated, flooded, or ponded long enough during  
the growing season to develop anaerobic conditions in the upper part of the soil that favor  
the growth and regeneration of wetland vegetation.  
(b) Physical or chemical characteristics of a soil column that provide evidence of the  
current and recent degree of saturation or inundation. Characteristics, such as a  
gleyed or low chroma matrix, mottling, or chemically demonstrated anaerobic  
conditions, can be utilized to identify the current and recent depth and fluctuation of the  
water table or inundation.  
(4) If the department makes a determination that a wetland otherwise outside of the  
jurisdiction of the act is essential to the preservation of the natural resources of the state  
under section 30301(d)(iii) of the act, the department shall provide the findings, in  
writing, to the legal landowner or lessee stating the reasons for the determination. In  
making the determination, the department must find that 1 or more of the following  
functions apply to a particular site:  
(a) It supports state or federal endangered or threatened plants, fish, or wildlife  
specified in section 36501 of 1994 PA 457, MCL 324.36501.  
(b) It represents what the state has identified as a rare or unique ecosystem.  
(c) It supports plants or animals of an identified regional importance.  
(d) It provides groundwater recharge documented by a public agency.  
(5) Upon the request of a person who owns or leases a parcel of property or his or her  
agent, the department shall determine if there is no surface or groundwater connection  
that meets the definition of "contiguous" under R 281.921(l)(b)(iii). The department  
shall make the determination in writing and shall provide the determination to the  
person making the request within a reasonable period of time after receipt of the request.  
(6) (a) A person who requests an assessment shall submit a form provided by the  
department. The form shall contain all information required under section 30321(3) of  
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the act, and shall be accompanied by a check for the appropriate fee as set forth in this  
rule.  
(b) All fees are nonrefundable.  
(c) A person who owns or leases a parcel of property or his or her agent may request  
any of the following 3 levels of assessment with corresponding levels of fees:  
(i) For a fee of $100.00, the department will provide copies of wetland information  
immediately available for an identified area, including state and federal maps on file with  
the department that show the approximate location of wetlands on the parcel. In  
addition, information specified by section 30321(e), (f), and (g) of the act,  
regarding regulatory processes, limitations, and appeals will be provided to a person  
who makes a request. An application for this service is limited to not more than an area  
covering 4 adjoining square miles. This level of service shall be available in counties  
where the preliminary or final wetland inventory maps in section 30321 of the act have  
not been completed. The department shall provide the preliminary or final wetland  
inventory map in electronic form or a paper copy at cost. Since the information and maps  
provided will not be based upon an on?site review, they will be useful for planning  
purposes, but the department will not certify where wetlands are and are not specifically  
located on the given parcel.  
(ii) For a fee of $500.00 for 1 acre or less, the department will perform an on-site  
wetland identification of a parcel or portion of a parcel that has its boundaries marked by  
the person who makes the request, to identify and describe areas that are and are not  
wetland on the site, unless identification and description are not possible due to site  
conditions, as outlined under subrule (7) of this rule. The fee for the service will  
increase by $250.00 per acre or fraction thereof for an assessment area larger than 1  
acre. An application for this service is limited to an area of 5 acres or less. If the  
assessment report determines that the area or part of the area evaluated is not wetland,  
then the report shall state that the department lacks jurisdiction over the area that is not  
wetland, if any, and that the determination that an area is not wetland is binding on  
the department for 3 years from the date of the assessment.  
(iii) For a fee of $500.00 for 1 acre or less, the department will perform an on-site  
review of a mapped, flagged, and otherwise identifiable area to confirm specific  
boundaries established by a wetland professional between wetlands and areas that are  
not wetlands. The fee for the service will increase by $50.00 per acre or fraction  
thereof to confirm areas identified as wetland and $20.00 per acre or fraction  
thereof to confirm areas identified as non wetland. The wetland and nonwetland  
boundaries must be flagged by a wetland professional representing the person who  
made the request. The boundaries must have been established utilizing methods and  
procedures consistent with the Act and these rules. If the department finds substantial  
errors during the confirmation process and the person making the request wishes to  
proceed, then the department will require that a new wetland boundary be identified  
by a wetland professional representing the person who made the request and that new  
feesin the amount of 1/2 of the original fee be submitted for the on-site confirmation of  
the new  
wetland boundary and the assessment report. If the assessment report  
determines that the area or part of the area evaluated is not wetland, then the report will  
state that the department lacks jurisdiction over the area that is not wetland and that  
the determination that an area is not wetland is binding on the department for 3 years  
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from the date of the assessment. If documentation of the specific boundary is desired,  
then the person who is making the request will provide, for department approval, an  
acceptable and reproducible survey of the agreed upon boundaries.  
(iv) The department will provide the report within 20 calendar days of a complete  
request, for an increased fee reflecting the additional cost to the department. For  
subsection (c)(ii), this increased fee will be $1500.00 for 1 acre or less and $750.00 per  
acre or fraction thereof for an assessment area larger than 1 acre. For subsection  
(c)(iii), this increased fee will be $1500.00 for 1 acre or less, $150.00 per each additional  
acre or fraction thereof to confirm areas identified as wetland, and $60.00 per  
each additional acre or fraction thereof to confirm areas identified as non wetland. If  
weather or other conditions prohibit the completion of the report within 20 calendar  
days, the department will refund the difference between the higher fee and the normal  
fee.  
(7) If recent severe disturbances of the site have occurred, for example, removal of  
native vegetation, disturbance of soils, or diversion of drainage, making it impossible  
during a routine site visit to determine whether or not the area requested for assessment  
contains or has contained wetland or nonwetland, then the department will provide the  
person who made the request with a report that specifies the reasons for its inability  
to make a determination. The department will include with the report a description of  
the necessary technical information to be provided by the person who made the request in  
order for the department to make a final wetland identification or confirm a boundary.  
(8) A written request for a reassessment, pursuant to section 30321(5) of the act, shall  
be submitted to the department no later than 60 days after the receipt of the written  
assessment report. The department shall conduct the reassessment, if possible, during  
the same calendar year as the original assessment or as soon as weather or other  
conditions allow.  
History: 1988 AACS; 1998 AACS; 2006 AACS.  
R 281.925 Mitigation.  
Rule 5. (1) As authorized by section 30312(2) of the act, the department may impose  
conditions on a permit for a use or development if the conditions are designed to remove  
an impairment to the wetland benefits, to mitigate the impact of a discharge of fill  
material, or to otherwise improve the water quality.  
(2) The department shall consider mitigation only after all of the following  
conditions are met:  
(a) The wetland impacts are otherwise permittable under sections 30302 and 30311 of  
the act.  
(b) No feasible and prudent alternative to avoid wetland impacts exists.  
(c) An applicant has used all practical means to minimize impacts to wetlands. This  
may include the permanent protection of wetlands on the site not directly impacted by  
the proposed activity.  
(3) The department shall require mitigation as a condition of a wetland permit issued  
under part 303 of the act, except as follows:  
(a) The department may waive the mitigation condition if either of the following  
provisions applies:  
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(i) The permitted wetland impact is less than 1/3 of an acre and no reasonable  
opportunity for mitigation exists.  
(ii) The basic purpose of the permitted activity is to create or restore wetlands or to  
increase wetland habitat.  
(b) If an activity is authorized and permitted under the authority of a general permit  
issued under section 30312(1) of the act, then the department shall not require  
mitigation. Public transportation agencies may provide mitigation for projects  
authorized under a general permit at sites approved by the department under a  
memorandum of understanding between the department and public transportation  
agencies.  
(4) The department shall require mitigation to compensate for unavoidable wetland  
impacts permitted under part 303 of the act utilizing one or more of the following  
methods:  
(a) The restoration of previously existing wetlands.  
(b) The creation of new wetlands.  
(c) The acquisition of approved credits from a wetland mitigation bank established  
under R 281.951 et seq.  
(d) In certain circumstances, the preservation of existing wetlands. The preservation of  
existing wetlands may be considered as mitigation only if the department determines that  
all of the following conditions are met:  
(i) The wetlands to be preserved perform exceptional physical or biological functions  
that are essential to the preservation of the natural resources of the state or the preserved  
wetlands are an ecological type that is rare or endangered.  
(ii) The wetlands to be preserved are under a demonstrable threat of loss or substantial  
degradation due to human activities that are not under the control of the applicant and  
that are not otherwise restricted by state law.  
(iii) The preservation of the wetlands as mitigation will ensure the permanent  
protection of the wetlands that would otherwise be lost or substantially degraded.  
(5) The restoration of previously existing wetlands is preferred over the creation of  
new wetlands where none previously existed. Enhancement of existing wetlands is  
not considered mitigation. For purposes of this rule, wetland restoration means the  
reestablishment of wetland characteristics and functions at a site where they have ceased  
to exist through the replacement of wetland hydrology, vegetation, or soils.  
(6) An applicant shall submit a mitigation plan when requested by the department.  
The department may incorporate all or part of the proposed mitigation plan as permit  
conditions. The mitigation plan shall include all of the following elements:  
(a) A statement of mitigation goals and objectives, including the wetland types to be  
restored, created, or preserved.  
(b) Information regarding the mitigation site location and ownership.  
(c) A site development plan.  
(d) A description of baseline conditions at the proposed mitigation site, including a  
vicinity map showing all existing rivers, lakes, and streams, and a delineation of existing  
surface waters and wetlands within the proposed mitigation area.  
(e) Performance standards to evaluate the mitigation.  
(f) A monitoring plan.  
(g) A schedule for completion of the mitigation.  
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(h) Provisions for the management and long-term protection of the site.The department  
shall, when requested by the applicant, meet with the applicant to review the  
applicant's mitigation plan.  
(7) An applicant shall provide mitigation to assure that, upon completion, there will be  
no net loss of wetlands. The mitigation shall meet the following criteria as  
determined by the department:  
(a) Mitigation shall be provided on-site where it is practical to mitigate on site and  
where beneficial to the wetland resources.  
(b) If subdivision (a) of this subrule does not apply, then an applicant shall provide  
mitigation in the immediate vicinity of the permitted activity if practical and beneficial to  
the wetland resources. "Immediate vicinity" means within the same watershed as the  
location of the proposed project. For  
purposes of this rule, a watershed refers to a drainage area in which the permitted  
activity occurs where it may be possible to restore certain wetland functions, including  
hydrologic, water quality, and aquatic habitat functions. Watershed boundaries are  
shown in Figure 1 in R 281.951.  
(c) Mitigation shall be on-site or in the immediate vicinity of the permitted activity  
unless the department determines that subdivisions (a) and (b) of this subrule are  
infeasible and impractical.  
(d) The department shall require that mitigation be of a similar ecological type as the  
impacted wetland where feasible and practical.  
(e) If the replacement wetland is of a similar ecological type as the impacted  
wetland, then the department shall require that the ratio of acres of wetland mitigation  
provided for each acre of permitted wetland loss shall be as follows:  
(i) Restoration or creation of 5.0 acres of mitigation for 1.0 acre of permitted impact  
on wetland types that are rare or imperiled on a statewide basis.  
(ii) Restoration or creation of 2.0 acres of mitigation for 1.0 acre of permitted impact  
on forested wetland types, coastal wetlands not included under (i) of this subdivision,  
and wetlands that border upon inland lakes.  
(iii) Restoration or creation of 1.5 acres of mitigation for 1.0 acre of permitted impact  
on all other wetland types.  
(iv) 10 acres of mitigation for 1.0 acre of impact in situations where the mitigation is in  
the form of preservation of existing wetland as defined in subrule (4) of this rule.  
(f) The department may adjust the ratios prescribed by this rule as follows:  
(i) The ratio may be increased if the replacement wetland is of a different ecological  
type than the impacted wetland.  
(ii) If the department determines that an adjustment would be beneficial to the wetland  
resources due to factors specific to the mitigation site or the site of the proposed activity,  
then the department may increase or decrease the number of acres of mitigation to be  
provided by no more than 20 percent. This shall not limit the amount which a ratio  
may be increased under subdivision (f)(i) of this subrule.  
(g) The mitigation shall give consideration to replacement of the predominant  
wetland benefits lost within the impacted wetland.  
(h) The department shall double the required ratios if a permit is issued for an  
application accepted under section 30306(5) of the act.  
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(i) The department shall determine mitigation ratios for wetland dependent activities on  
a site-specific basis.  
(8) Except where mitigation is to occur on state or federally owned property or  
where the mitigation is to occur in the same municipality where the project is proposed,  
the department shall give notice to the municipality where the proposed mitigation site  
is located and shall provide an opportunity to comment in writing to the  
department on the proposed mitigation plan before a mitigation plan is approved by the  
department.  
(9) An applicant shall complete mitigation activities before initiating other permitted  
activities, unless a concurrent schedule is agreed upon between the department and  
the applicant, and an adequate financial assurance mechanism is provided by the  
applicant.  
(10) The department may require financial assurances to ensure that mitigation is  
accomplished as specified.  
(11) An applicant shall protect the mitigation area by a permanent conservation  
easement or similar instrument that provides for the permanent protection of the natural  
resource functions and values of the mitigation site, unless the department determines  
that such controls are impractical to impose in conjunction with mitigation that was  
undertaken as part of state funded response activity under Act No. 451 of the Public  
Acts of 1994, as amended.  
(12) An applicant, with the approval of the department, may provide all or a portion of  
the mitigation through the acquisition of approved credits from a wetland mitigation  
bank established under R 281.951 et seq. One credit shall be utilized for each acre of  
mitigation required under subrule (7) of this rule.  
History: 1988 AACS.  
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