Michigan Administrative Code
Department - Environmental Quality
Water Resources Division
Shorelands Protection and Management
Section R. 281.24 - Flood risk areas
Current through Vol. 24-04, March 15, 2024
Rule 4.
(1) Any area which is within the 100-year floodplain of a Great Lake or a connecting waterway, as identified in any of the approved floodplain delineation studies set forth in this subrule, is designated as a flood risk area. The following floodplain delineation studies are adopted in these rules by reference:
(2) The documents adopted in this rule are available from the Federal Insurance Administration, Federal Emergency Management Agency, 175 West Jackson Boulevard, Chicago, Illinois 60604, at a cost at the time of adoption of these rules of $5.00 each; the Michigan Department of Natural Resources, Land and Water Management Division, P.O. Box 30028, Lansing, Michigan 48909, at no charge; and the local unit of government.
(3) The department may designate additional flood risk areas which are located within the 100-year floodplain of a Great Lake or a connecting waterway. The following information and studies may be used in delineating the flood risk areas:
(4) If the studies listed in subrule (3) of this rule are used to determine the flood risk area, all of the following procedures for designation shall be used:
(5) The department shall consider additional flood risk areas as may be proposed by local governmental agencies, citizens, or interested groups.
(6) In the absence of an approved local ordinance enacted pursuant to the provisions of sections 7, 8, 9, and 10 of the act or other approved ordinance which meets or exceeds the requirements in these rules, a person or local governmental agency proposing a new permanent structure or an enlargement of an existing permanent structure on a parcel, any portion of which is in a designated flood risk area, shall submit a permit application to the department for its review. The permit application shall contain all of the following information:
(7) A permit application for a new permanent structure on a parcel, any portion of which is in a designated flood risk area, shall be approved if it meets or exceeds the minimum requirements established in subrule (10) or (11) of this rule.
(8) Not more than 60 days after receipt of a permit application, the department shall send a notice of its approval or disapproval to the applicant. The reasons for disapproval shall be stated and sent by certified mail. A permit application which does not require a field investigation shall be processed within 20 days.
(9) Approval of a permit does not exempt the applicant from complying with other statutes, ordinances, or rules and regulations.
(10) New residential structures in a flood risk area shall be elevated so that the lowest portion of all horizontal structural members which support floors, excluding footings, pile caps, piling, nonstructural slabs, girders, and grade beams, is located at or above the 100-year flood elevation. All basement floor surfaces shall be located at or above the 100-year flood elevation. New and replacement electrical wiring and equipment and heating, ventilating, air conditioning, and other service facilities shall be either placed above the 100-year flood elevation or be protected so as to prevent water from entering or accumulating within the system components during floods up to the 100-year elevation. Duct insulation subject to water damage shall not be installed below the 100-year elevation.
(11) New nonresidential structures in a flood risk area shall be in compliance with either of the following requirements:
(12) An existing structure which is not in conformity with the elevation requirements of a designated flood risk area shall not be altered, enlarged, or otherwise extended in a manner that increases its nonconformity. If a nonconforming structure deteriorates or becomes damaged, it may be restored to its condition before the deterioration or damage if the repair costs are not more than 60% of the replacement value of the structure in any 12-month period. If, in any 12-month period, the cost of restoring the nonconforming structure is more than 60% of its replacement value, the requirements for new permanent structures shall apply.
(13) Any aggrieved party who contests the designation of a flood risk area under subrule (4) of this rule or the disapproval of a permit application shall be granted a hearing if a petition is filed with the department not more than 60 days after the notice of designation or notice of disapproval is sent. Such petition shall be sent to the director of the Department of Natural Resources, P.O. Box 30028, Lansing, Michigan 48909.The hearing shall be conducted in accordance with the provisions of Act No. 306 of the Public Acts of 1969, as amended, being S24.201 et seq. of the Michigan Compiled Laws.
(14) If the local unit of government has an approved ordinance enacted pursuant to the provisions of section 7, 8, 9, or 10 of the act or other approved ordinance, the department shall provide a period of 1 year from the date of notification to allow the local unit of government to adopt standards which equal or exceed the requirements in these rules.
(15) If the department determines that the requirements set forth in these rules are not being upheld by a local unit of government which has an approved ordinance, the department shall contact the local agency to identify, discuss, and attempt to resolve any problems. If the problem cannot be informally resolved, the department shall then notify the community, in writing, of its determination. The notice shall contain the specific reasons why the department believes the local unit of government has not upheld the approved ordinance. The local unit of government shall be provided a period of 60 days to respond to the department. If the department further determines that the local unit of government has not made sufficient changes to its ordinance administration or otherwise explained its actions, the department shall withdraw its approval and assume its flood risk area permitting authority within the jurisdiction.
(16) The landowner of record and the local governmental agency shall be sent a notice by certified mail if the flood risk area designation is removed.
(17) All flood risk area designations in existence on the effective date of these rules shall remain in full force and effect.