Arenac Conservation District
4490 M-61, Standish, MI 48658, US
(989) 846-4565 ext. 5
Arenac Conservation District
(989) 846-4565 ext. 5
Michigan law states that any earth change within 500’ of a lake or stream or any earth change of one or more acres in size requires a Soil Erosion and Sedimentation Control (SESC) permit.
The Arenac County Soil Erosion and Sedimentation Control Program is established under Part 91, Soil Erosion and Sedimentation Control of the Natural Resources and Environmental Protection Act 1994 PA 451, as amended. Counties are mandated by statute to administer and enforce Part 91.
The program is regulated by Arenac County Ordinance 2017-01 with oversight from the Michigan Department of Environmental Quality. The County Enforcing Agency (CEA) is responsible for implementing and enforcing an effective Part 91 program. The SESC permit requires that acceptable SESC measures are used and maintained to effectively reduce accelerated soil erosion and off-site sedimentation.
Landowners are required to submit a permit application that includes a customer information and signature sheet, a site plan, a project schedule, and attachments that illustrate both the temporary and permanent erosion control measures that they will implement during the earth change project to control erosion and resulting sedimentation. The County Enforcing Agency (CEA) will review the plan and application then conduct site visits. Permits will be issued if all criteria are met. The CEA has 30 days to review a completed application and complete a determination. The site plan and the construction schedule are required by Part 91 and must be filled out completely and submitted as part of the application. An SESC permit must be extended if a site cannot be stabilized before its permit expires. If a permit is not extended and the site is not permanently stabilized, the coverage will terminate when the permit expires, and the site will be in violation of Part 91. Permits can be extended for 12 months. Part 91 requires the SESC permit AND site plan to be posted on site until the site is fully stabilized.
An individual residential property owner may conduct the following activities on their individual residential property owned and occupied by him/her and is not required to obtain a permit under Part 91 if the earth change activities do not result in, or contribute to, soil erosion or sedimentation of the waters of the State or a discharge of sediment off-site. The property owner, although exempt from obtaining a Part 91 permit is not exempt from the laws and regulations of Part 91. The County Enforcing Agency (CEA) has the right and responsibility to take enforcement actions(s) upon any site that results in soil erosion and/or sedimentation leaving the site and/or entering waters of the state.
Activities that do not require an SESC permit include:
All residential gardens unless the natural elevation is raised. (i.e.: Raised box gardens where fill dirt would be brought in.)
Tree or shrub stump and root removal not exceeding 100 sq. ft.
Post Hole Digging for fencing, decks, utility posts, mailboxes, or similar applications. This only applies if no additional grading is done.
Farming, plowing or tilling of land for the purpose of crop production or harvesting of crops. (this does NOT include grading or tiling)
Some logging and mining operations. Access roads to logging and mining sites and ancillary activities associated with logging and mining operation are NOTexempt. The removal of clay, gravel, sand, peat, or topsoil is not considered “mining” and therefore requires a permit.
Earth changes associated with oil or gas exploration and development including well locations, surface facilities, flow lines, or access roads related to oil or gas exploration and development regulated under Part 615 of the NREPA.
Beach nourishment projects: require a DEQ permit under Part 325 of Act No. 451.
Normal road and driveway maintenance such as grading or leveling, that does not increase the width or length of the road or driveway and will not contribute sediment to lakes or streams.
Minor earth-change activities stabilized within 24 hours, including but not limited to:
The County Enforcing Agency (CEA) inspects the site prior to issuing a permit and periodically inspects the site to ensure compliance throughout the construction phase(s) of the project. A final inspection will be conducted after the project is completed and the site is stabilized.
The CEA inspects the entire site to ensure ALL SESC measures are installed functioning as required in the site plan, that sediment is not being discharged offsite or to waters of the State, that all Part 91 laws and regulations are being followed and that the permit is posted.
Authorizations are required from the property owner when:
Project Location Information:
Address, GPS coordinates, directions to the site, etc.
Background Information:
Existing site conditions, other related permits, existing easements/encumbrances, other related application numbers (pre-application meetings, Wetland Identification Program, etc.)
Permit Application Category and Public Notice Information:
This section asks what permit application category you believe fits your project. While this is not required to submit the application, knowing this will also help you submit the right permit application fee and avoid a correction request and processing delays.
The choices of permit application categories to select in the form are:
Unsure of your permit type? The permit reviewer will make the determination on permit type after the application is submitted based on the project details. However, some fee is required to be submitted with the application. If an additional fee is required, EGLE will send a correction request that will show the remaining amount required. The application will not be considered complete without the proper fee.
The owner or contractor should call this office for a final inspection when all temporary SESC measures have been removed, and all permanent measures are in place and stabilized. Stabilization requires proper covering of soil that ensures its resistance to soil erosion, sliding, or other earth movement. Rule 1709 of Part 91 states that “disturbed land areas must be stabilized within five calendar days of achieving final grade or the final earth change has been completed.”
It is the property owners’ responsibility that the Part 91 rules are followed even if a contractor or other party is listed on the permit as the on-site responsible person. The on-site responsible person must be involved with the project for its duration. If the on-site responsible person changes during the project it is important to notify the CEA with the name and contact information of the new on-site responsible person. For someone other than the property owner to obtain an SESC permit, they must have a letter from the property owner authorizing them as the designated agent.
When a property with an active SESC permit changes ownership partially or completely, a “permit transfer” or a “transfer of permit obligations” notification of Existing Soil Erosion and Sedimentation Control Permit form must be filed with the Arenac County SESC Program prior to the transfer. The current owner and new owner must sign a written agreement transferring the remaining permit obligations, including any current violations, to the new owner. Both forms are available through our office.
Prior to issuance of an SESC permit, the applicant may be required to post a surety bond executed by the owner and a state approved corporate surety authority. The bond amount is set by the County Enforcing Agency in an amount equal to the cost of all temporary and permanent SESC measures, with a minimum rate of 10 times per acre of the site inspection fee rate. A cash deposit for the bond amount may be filed in lieu of a surety bond.
Failure to comply with Part 91 provisions constitutes a violation of law. All violations should be corrected within five days following the issuance of a written notice issued by the CEA. Written notices will include a description of the violation, the necessary corrections that must be taken, and a time frame in which to comply with Part 91. Failure to incorporate corrections shall cause the SESC permit to become null and void and initiate legal action.
In accordance with Part 305 of the Natural Resources and Environmental Protection Act, landowners conducting earth change activities within 400 feet of the Rifle River must apply for a Natural Rivers Permit through the Michigan Department of Natural Resources, in addition to the SESC permit. Learn more about the Natural Rivers Program at https://www.michigan.gov/dnr/managing-resources/fisheries/natural-rivers. A copy of the Part 305 Natural Rivers ordinance is availalble at the bottom of this webpage.
Includes site inspection, plan review & permit fee
Houses, garages, accessory buildings and similar structure
For post holes not re-established within 24 hours.
Soil stripping, top soil removal or mining (includes sand)
Subdivisions. mobile home parks, multiple housing units, recreational & service facilities, etc.
Underground pipelines, cables, water mains & sewers
Railroads, airports & trails
All relevant files must be filled out, signed, and submitted to permits@arenacconservationdistrict.com or delivered to our office.
Applications may also be submitted with appropriate documents through our Jotform submission page.
For more information, visit the Michigan EGLE Soil Erosion and Construction Stormwater Website. A complete guide to nonpoint source best management practices is available at the EGLE BMP Website.