Section 323.1316. Minor project categories.

Upon receipt of an application for a permit for any of the following minor projects, the department may act upon the  application,   if accompanied by a fee of $100.00, as provided for in section 3103 of Act. No.451 of the Public Acts of 1994, as amended, being §324.3103 of the Michigan Compiled Laws:

(a)    Construction, filling, or grading that is landward of the floodway limit identified in flooplain delineation studies listed in R 323.1314(1).

(b)   Construction, filling, or grading that is landward of the bed and banks of the St. Marys, St. Claire, and Detroit Rivers.

(c)    Construction, filling, or grading that is landward of the floodway limits as determined by the department on stream reaches or in areas where floodways have not been defined by R 323.1314(1).

(d)   Any construction of filling which is located within the following critical floowater storage areas and which is done on an individually owned subdivision lot where the construction and fill  is  confined  to  less  than 5,000 square feet:

(i)   Clinton river forks, as follows: Land areas within the 100-year floodplain of the Clinton river and branches within Clinton township and Macomb township, Macomb county.

(ii)     Saginaw river storage area, as follows: Land areas within the 100-year floodplain of the Saginaw river and tributaries, including Cheboyganing and Dutch creeks, between the  cities  of Saginaw and Bay City, Saginaw and Bay counties.

(iii)   Shiawassee flats, as follows: Land areas within the 100-year floodplain of the lower reaches of the Shiawassee, Cass, Flint, Tittabawassee, and Bad rivers within Saginaw county.

(iv)    Snake creek, as follows: Land areas within the 100-year floodplain of Snake creek  in  the  city of Midland, Midland county.

(v)   Rush creek, as follows : Land areas within the 100-year floodplain of Rush creek  in  Georgetown

township and the city of Hudsonville, Ottawa county.

(vi)   Frank and Poet drain, as follows: Land areas within the 100-year floofplain of the Frank and Poet drain in  the city of Trenton, Wayne county.

(e)   A clear span bridge that has the lowest bottom of beam elevation at or above the natural ground elevations on either bank and the approach fill sloping to natural ground elevations within 10 feet on either end of the bridge.

(f)   A culvert which has an effective waterway opening  that  equals  or exceeds the cross-sectional area of the channel, which has the fill over the culvert that is not more than 1.5 feet, and which has approach fill  that slopes to natural ground elevations within 10 feet  on  either  side  of the culvert.

(g)    A boardwalk which is of open pile construction and which is landward of or along the existing shoreline.

(h)    A pond where excavated materials are placed landward of the floodway, as defined in R 323.1311(g).

(i)   A parking lot constructed at grade or resurfacing that is not more than 4 inches above the existing surface.

(j)   A deckplaced on a residential structure which is of open pile design, which is anchored to prevent flotation, and which does not extend over the bed and bank of a river or stream.

(k)   A stormwater outfall which conforms of the side slope of the river, stream, or waterway and which does not project beyond the shoreline.

History: 1996 AACS.