Michigan Administrative Code
Department - Environmental Quality
Water Resources Division
Wetlands Protection
Section R. 281.923 - Permits

Universal Citation: MI Admin Code R. 281.923

Current through Vol. 24-04, March 15, 2024

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 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.

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