Section 323.1705. Permit exemptions and waivers.

Rule 1705.  (1) A permit is not required for any of the following:

(a)      A beach nourishment project permitted under part 325 of Act No. 451 of the Public Acts of 1994, as amended, being § 324.32501 et seq. of the Michigan Compiled Laws.

(b)      Normal road and driveway maintenance, such as grading  or   leveling, that does not increase the width or length of the road or driveway and that will not contribute sediment to lakes or streams.

(c)      An earth change of a minor nature that is stabilized within 24 hours of the initial earth disturbance and that will  not  contribute sediment  to lakes or streams.

(d)    Installation of oil, gas, and mineral wells under permit from the supervisor of wells if the owner-operator is found by the supervisor of wells to be in compliance with the conditions of part 91.

(2)      A county or local enforcing agency may grant a permit waiver for an earth change after receiving a signed affidavit from the landowner stating that the earth change will disturb less than 225 square feet and that the earth change will not contribute sediment to lakes or streams.

(3)     Exemptions provided in subrules (1) and (2) of this rule shall not be construed as exemptions from enforcement procedures under part 91 or these rules, if the activities exempted by subrules (1) and (2) cause or result in a violation of part 91 or these rules.

History: 1979 AC; 1998 AACS.