Current through Vol. 24-04, March 15, 2024
Rule 4.
(1) When
assessing whether a parcel of property or portion of a parcel is wetland, as
required by section 30321 of the Act, the department shall utilize criteria
consistent with the definition of "wetland" provided in section 30301(d) of the
act. The department shall provide a written assessment report to the person who
owns or leases the property or his or her agent within 30 days of the on-site
evaluation, whether the parcel contains wetland or nonwetland, or both, and the
basis for the determination.
The department shall evaluate a parcel or any portion of a
parcel as identified by the person making the request.
(2) An assessment of wetlands on a parcel of
property by the department may include any of the following, at the discretion
of the person making the request:
(a) The
provision of maps and supporting information that show currently mapped
wetlands on the property.
(b) An
on-site identification of areas containing wetland and non-wetland on the
property.
(c) An on-site review to
confirm the identification of wetland boundaries on the property by a wetland
professional.
(3) When
identifying wetlands, the department shall rely on visible evidence that the
normal seasonal frequency and duration of water is above, at, or near the
surface of the area to verify the existence of a wetland. Under normal
circumstances, the frequency and duration of water that is necessary to
determine an area to be a wetland will be reflected in the vegetation or
aquatic life present within the area being considered. A wetland that has not
been recently or severely disturbed will contain predominance, not just an
occurrence, of wetland vegetation or aquatic life. If there is a predominance
of wetland vegetation, and if there is no direct visible evidence that water
is, or has been, at or above the surface, then the department shall use the
following characteristics of the soils or substrate to verify the existence of
a wetland:
(a) The presence of a soil that is
saturated, flooded, or ponded long enough during the growing season to develop
anaerobic conditions in the upper part of the soil that favor the growth and
regeneration of wetland vegetation.
(b) Physical or chemical characteristics of a
soil column that provide evidence of the current and recent degree of
saturation or inundation. Characteristics, such as a gleyed or low chroma
matrix, mottling, or chemically demonstrated anaerobic conditions, can be
utilized to identify the current and recent depth and fluctuation of the water
table or inundation.
(4)
If the department makes a determination that a wetland otherwise outside of the
jurisdiction of the act is essential to the preservation of the natural
resources of the state under section 30301(d)(iii) of the act, the department
shall provide the findings, in writing, to the legal landowner or lessee
stating the reasons for the determination. In making the determination, the
department must find that 1 or more of the following functions apply to a
particular site:
(a) It supports state or
federal endangered or threatened plants, fish, or wildlife specified in section
36501 of 1994 PA 457, MCL 324.36501.
(b) It represents what the state has
identified as a rare or unique ecosystem.
(c) It supports plants or animals of an
identified regional importance.
(d)
It provides groundwater recharge documented by a public agency.
(5) Upon the request of a person
who owns or leases a parcel of property or his or her agent, the department
shall determine if there is no surface or groundwater connection that meets the
definition of "contiguous" under R 281.921(l)(b)(iii). The department shall
make the determination in writing and shall provide the determination to the
person making the request within a reasonable period of time after receipt of
the request.
(6)
(a) A person who requests an assessment shall
submit a form provided by the department. The form shall contain all
information required under section 30321(3) of the act, and shall be
accompanied by a check for the appropriate fee as set forth in this
rule.
(b) All fees are
nonrefundable.
(c) A person who
owns or leases a parcel of property or his or her agent may request any of the
following 3 levels of assessment with corresponding levels of fees:
(i) For a fee of $100.00, the department will
provide copies of wetland information immediately available for an identified
area, including state and federal maps on file with the department that show
the approximate location of wetlands on the parcel. In addition, information
specified by section 30321(e), (f), and (g) of the act, regarding regulatory
processes, limitations, and appeals will be provided to a person who makes a
request. An application for this service is limited to not more than an area
covering 4 adjoining square miles. This level of service shall be available in
counties where the preliminary or final wetland inventory maps in section 30321
of the act have not been completed. The department shall provide the
preliminary or final wetland inventory map in electronic form or a paper copy
at cost. Since the information and maps provided will not be based upon an
on?site review, they will be useful for planning purposes, but the department
will not certify where wetlands are and are not specifically located on the
given parcel.
(ii) For a fee of
$500.00 for 1 acre or less, the department will perform an on-site wetland
identification of a parcel or portion of a parcel that has its boundaries
marked by the person who makes the request, to identify and describe areas that
are and are not wetland on the site, unless identification and description are
not possible due to site conditions, as outlined under subrule (7) of this
rule. The fee for the service will increase by $250.00 per acre or fraction
thereof for an assessment area larger than 1 acre. An application for this
service is limited to an area of 5 acres or less. If the assessment report
determines that the area or part of the area evaluated is not wetland, then the
report shall state that the department lacks jurisdiction over the area that is
not wetland, if any, and that the determination that an area is not wetland is
binding on the department for 3 years from the date of the
assessment.
(iii) For a fee of
$500.00 for 1 acre or less, the department will perform an on-site review of a
mapped, flagged, and otherwise identifiable area to confirm specific boundaries
established by a wetland professional between wetlands and areas that are not
wetlands. The fee for the service will increase by $50.00 per acre or fraction
thereof to confirm areas identified as wetland and $20.00 per acre or fraction
thereof to confirm areas identified as non wetland. The wetland and nonwetland
boundaries must be flagged by a wetland professional representing the person
who made the request. The boundaries must have been established utilizing
methods and procedures consistent with the Act and these rules. If the
department finds substantial errors during the confirmation process and the
person making the request wishes to proceed, then the department will require
that a new wetland boundary be identified by a wetland professional
representing the person who made the request and that new feesin the amount of
1/2 of the original fee be submitted for the on-site confirmation of the new
wetland boundary and the assessment report. If the assessment report determines
that the area or part of the area evaluated is not wetland, then the report
will state that the department lacks jurisdiction over the area that is not
wetland and that the determination that an area is not wetland is binding on
the department for 3 years from the date of the assessment. If documentation of
the specific boundary is desired, then the person who is making the request
will provide, for department approval, an acceptable and reproducible survey of
the agreed upon boundaries.
(iv)
The department will provide the report within 20 calendar days of a complete
request, for an increased fee reflecting the additional cost to the department.
For subsection (c)(ii), this increased fee will be $1500.00 for 1 acre or less
and $750.00 per acre or fraction thereof for an assessment area larger than 1
acre. For subsection (c)(iii), this increased fee will be $1500.00 for 1 acre
or less, $150.00 per each additional acre or fraction thereof to confirm areas
identified as wetland, and $60.00 per each additional acre or fraction thereof
to confirm areas identified as non wetland. If weather or other conditions
prohibit the completion of the report within 20 calendar days, the department
will refund the difference between the higher fee and the normal fee.
(7) If recent severe
disturbances of the site have occurred, for example, removal of native
vegetation, disturbance of soils, or diversion of drainage, making it
impossible during a routine site visit to determine whether or not the area
requested for assessment contains or has contained wetland or nonwetland, then
the department will provide the person who made the request with a report that
specifies the reasons for its inability to make a determination. The department
will include with the report a description of the necessary technical
information to be provided by the person who made the request in order for the
department to make a final wetland identification or confirm a
boundary.
(8) A written request for
a reassessment, pursuant to section 30321(5) of the act, shall be submitted to
the department no later than 60 days after the receipt of the written
assessment report. The department shall conduct the reassessment, if possible,
during the same calendar year as the original assessment or as soon as weather
or other conditions allow.
