Soil Erosion

Construction activities that disturb one or more acres of land and have a point source discharge of stormwater to waters of the state (streams, rivers, lakes, and wetlands) are required to obtain a National Pollutant Discharge Elimination System (NPDES) permit from the Michigan Department of Environment, Great Lakes, and Energy’s (EGLE) Water Resources Division (WRD. The WRD has adopted a process called “Permit-by Rule” (Rule 323.2190, promulgated under Part 31, Water Resources Protection, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended [NREPA]) for issuing the necessary stormwater coverage. Permit-by Rule “streamlines” the permitting process and is dependent upon the applicant first obtaining Part 91 coverage (Part 91, Soil Erosion and Sedimentation Control, of the NREPA), i.e., obtaining a Soil Erosion and Sedimentation Control (SESC) permit from the appropriate Part 91 permitting agency. For sites disturbing one to five acres, the applicant/permittee receives automatic stormwater coverage upon the applicant obtaining a Part 91 permit (or undertaking the project as an APA). Although the coverage is automatic, the permittee must comply with the requirements of Permit-by-Rule. For sites disturbing five or more acres, the applicant/permittee must obtain a Part 91 permit (or undertake the project as an APA) and submit an application through MiWaters for a Notice of Coverage (NOC) to the WRD. Along with the NOC application, the applicant/permittee must submit a copy of the SESC permit, approved SESC plan, site location map, and the permit fee. The permittee must also follow the requirements of Permit-by-Rule, including regular inspections of the soil erosion controls by a certified stormwater operator.

Sites disturbing over five acres, with a point source discharge to the waters of the state, are required to obtain permit coverage from the local Soil Erosion Permitting Entity, or be designated an APA, and then submit an application for Notice of coverage (NOC). Along with the NOC application, the applicant/permittee must submit a copy of the SESC permit, approved SESC plan, site location map, and the appropriate fee to the Department of Environment, Great Lakes, and Energy.  Please contact EGLE's Kalamazoo Office at (269) 567-3500.

Part 91, Soil Erosion and Sedimentation Control, of the Natural Resources and Environmental Protection Act (NREPA) (Part 91) provides for the control of soil erosion and protects adjacent properties and the waters of the state from sedimentation. A permit is generally required for any earth change activity that disturbs one or more acres of land or which is within 500 feet of a lake or stream.

Part 91 is administered and enforced by various state, county, and local governmental agencies. The City of Portage is the enforcing agency recognized under Part 91: for our local jurisdiction.

City of Portage MEA: Municipal Enforcing Agencies (MEAs) are cities, villages, charter townships, and some general law townships that have elected to enforce Part 91 through the adoption of a soil erosion and sedimentation control ordinance. After approval of the ordinance by the Department of Environment, Great Lakes, and Energy (EGLE), the MEAs assume responsibility for administering and enforcing Part 91 within their jurisdictions, independent of the CEAs.

Note: EGLE's Water Resource Division (WRD) has oversight responsibility over the statewide SESC Program and all Part 91 agencies.