Community Involvement in Wetland Protection
MICHIGAN

Photo courtesy of the Michigan Department of Environmental Quality

Background

Michigan’s wetlands serve many important functions, including fish and wildlife habitat,water quality protection, flood storage, and erosion control. These functions provide the underpinning for a vibrant resource-based tourism industry, support commercial fisheries, and protect private property values. According to the U.S. Fish and Wildlife Service, Michigan has lost more than five million, or approximately half, of its original wetland base since European settlement. Michigan’s remaining wetlands are critical to the ecological health of the state.

The Regulatory Landscape

The basis for wetland regulation is clear: wetlands provide public benefits and no individual, business, or governmental agency has the unrestricted right to alter the natural character of wetlands, as alterations may pollute the water, increase flooding, destroy habitat, or cause other harm.

Federal Laws

Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act provide the regulatory framework for the federal government’s role in regulating activities that impact wetlands. The federal program is administered by the U.S. Army Corps of Engineers (Corps) with oversight by the U.S. Environmental Protection Agency (EPA). In addition to this wetland regulatory program, the federal farm programs, the Endangered Species Act and other sections of the Clean Water Act (Section 401 – Water Quality Certification and Section 402 – National Pollution Discharge Elimination System) can help protect wetlands.

State Laws

Administered by the Michigan Department of Environmental Quality (MDEQ), Part 303 of the Natural Resources and Environmental Protection Act is the heart of Michigan’s wetland regulatory program. Originally passed in 1979, this law establishes a state policy to protect the public against the loss of wetlands,makes explicit findings regarding wetland benefits, establishes a permit program regulating most activities that alter wetlands, and explicitly authorizes regulation of wetlands by local governments.

Under Michigan’s wetland regulatory program, a permit is required for the following activities:

1) Deposit or permit the placing of fill material in a wetland;
2) Dredge, remove, or permit the removal of soil or minerals from a wetland;
3) Construct, operate, or maintain any use or development on a wetland; or
4) Drain surface water from a wetland.

Because of the similarities between Section 404 of the Clean Water Act and the state’s regulatory program, Michigan is the only state in the Great Lakes that has assumed jurisdiction of the federal program. Although the federal government has retained jurisdiction over wetlands connected to the Great Lakes, connecting channels, and to the head of the federal navigation in inland lakes, only a MDEQ permit is needed for activities in wetlands on most inland lakes and streams.

Photo Credit: Dave Brenner, Michigan Sea Grant College Program

Local Regulations

Over forty local units of government in Michigan have taken it upon themselves to pass ordinances to protect wetlands. Local ordinances can help to protect wetlands that are not covered by the state or federal laws due to their size or location. In addition, local ordinances can be passed to require setbacks from wetlands and other natural features to protect important buffer zones around wetlands. Because the vast majority of land-use decisions are made at the local level, local involvement in wetland regulation can provide the opportunity to integrate wetland protection into development plans early in the process.

What You Can Do

Federal, state, and local regulations provide opportunities for citizens to participate in wetland protection activities. In addition to reviewing and commenting on proposed projects that would impact wetlands, citizens can promote wetland protection in many ways.

Here are seven ways you can get involved:

1) Review and comment on public notices of wetland dredge and fill applications;
2) Promote proper wetland stewardship among private landowners;
3) Get involved in wetland restoration;
4) Participate in wetland management on public lands;
5) Help to establish a local wetland protection ordinance;
6) Promote permanent protection through conservation easements and purchase;
7) Educate yourself and others about the importance of wetlands and how to protect them; and
8) Join a wetland protection group.

Where to Go for More Information

The Tip of the Mitt Watershed Council has published a comprehensive guide to wetland protection. Michigan Wetlands - Yours to Protect: A Citizen’s Guide to Wetland Protection provides you with essential contact and “how to” information. To order your printed copy or download a copy off the Internet, go to http://www.michiganwetlands.org/citguide.html or call (231) 347-1181. The Tip of the Mitt Watershed Council also coordinates the Michigan Wetlands Action Coalition (MWAC). MWAC works to organize wetland advocates across the state for wetland protection. To get involved, call (231) 347-1181.

For information on the federal wetland regulatory program, contact the Detroit District of the Corps at (313) 226-2218 or on the web at http://www.usace.army.mil.

For information on Michigan’s wetland regulatory program, contact the MDEQ Geological and Land Management Division at (517) 241-1515 or on the web at http://www.michigan.gov/deq.

For information on local regulatory programs, contact the planning department of your municipality.

Remember, citizens are the essential link in wetland protection. Get involved now!

Prepared in January 2004 by Tip of the Mitt Watershed Council for Freshwater Future, a project of the Tip of the Mitt Watershed Council. Funding provided by U.S. EPA Great Lakes National Program Office.

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