Any building project is fraught with red tape. Cities and counties require site plan review, building permits, and site inspections among other things to ensure the project is safely completed. However, the state of Michigan and Federal government also require home or business owners to obtain permits when their projects will affect “waters of the United States.” These are called “joint permits” because they are issued by the Michigan Department of Environment, Great Lakes, and Energy (“EGLE”) and the United States Army Corps of Engineers.
This permitting process arose from the Clean Waters Act and is intended to ensure the waters of the United States remain cleanly and safe. The broad reach of this law, and the Michigan analog, mean a whole host of building projects require permit approval, even if they only tangentially concern a body of water.
When beginning a project, it is important to understand if you will require a joint permit. Any time you project will be on, in, or near a lake, pond, river, swamp, marshland, creek, or shoreline you may be required to obtain a permit.
If you project is on, in or near any of these bodies of water, you must then consider whether your project will include any of the following activity:
- Dredging, excavating, grading, or filling the body of water, or materials near the body of water such as concrete, soil, or sand.
- Installation of a dock, pier, buoy, boat well, boat hoist/lift, boardwalk, fence, or deck on, in, or near the body of water.
- Installation, repair or replacement of a seawall, bulkhead, riprap, or revetment.
- Installation, repair or replacement of intake or outlet pipes.
- Installation of a wall, breakwater, water fountain, bubbler, or other structural foundation.
- Creating, expanding, or downsizing an existing lake, pond, or storm water treatment basin.
- Installation, repair, or replacement of an existing driveway, bridge, or culvert.
- Installation of a new marina or modifying or expanding and existing marina.
If your project includes any of the above listed activities taking place near a body of water, you likely will require a joint permit. In this case it is imperative to hire a lawyer early in the application process. This will increase the probability that your permit application is improved. Furthermore, in the event your application is denied, by retaining a lawyer early in the process they can take steps to ensure the proper arguments are made in your application and an adequate factual record is developed for appeal of the decision.
The attorneys at Dalton & Tomich, PLC are highly experienced in all aspects of land use, riparian rights and administrative law, and are here to help guide you through any and all legal complexities to help achieve your goals.
About Dalton + Tomich
Established in 2010, Dalton + Tomich PLC is comprised of religious liberty, land use, denominational trust law, and business law attorneys. Learn more about our services at https://www.daltontomich.com/
