V. Wetland Protection
In 1979, the Michigan Legislature enacted the Goemaere-Anderson Wetland Protection Act. This statute is now found in Part 303, 1994 PA 451, MCL 324.30301 et seq., MSA 13A.30301 et seq..
MCL 324.30301(g) defines a wetland as "land characterized by the presence of water at a frequency and duration sufficient to support and that under normal circumstances does support wetland vegetation or aquatic life and is commonly referred to as a bog, swamp, or marsh . . . ."
In simpler terms, a wetland is a site so influenced by the presence of water that the only plants and animals to survive are those specifically adapted to a wet environment. Places that are only wet for short periods in early spring, after hard rains, etc., but do not contain aquatic plants or animals, are not deemed to be wetlands.
MCL 324.30304 requires a permit from the DNR to:
a. Deposit or permit the placing of fill material in a wetland.
b. Dredge, remove, or permit the removal of soil or minerals from a wetland.
c. Construct, operate, or maintain any use or development in a wetland, or
d. Drain surface water from a wetland.
The public is instructed to fill out a Joint Permit Application form (R4506) and submit such directly to the Department of Environmental Quality (DEQ), Land and Water Management Division. Permits are necessary for any of the above listed activities in a wetland which is: (a) contiguous to the Great Lakes and their connecting waterways, or contiguous to any inland lake, stream, river, or pond; and (b) noncontiguous wetlands of five acres in size or larger in the following counties: Muskegon, Ottawa, Kent, Berrien, Calhoun, Kalamazoo, Jackson, Washtenaw, Wayne, Monroe, Ingham, Livingston, Oakland, Macomb, St. Clair, Genesee, Saginaw, and Bay.
The statute requires the DEQ to conduct an inventory of wetlands. These inventory maps are considered public documents and are available for review at the respective county register of deeds.
A local municipality may also regulate wetlands in a manner consistent with the statute. However, in some cases the municipality's scope of authority may be broader than that of the DEQ. If a municipality has enacted a local wetlands ordinance then it is also required to compile an inventory of all wetlands located within the municipality. Interested landowners should first contact their local officials to determine if the municipality has imposed wetlands regulations.
The Part does provide for certain uses and activities to be conducted in a wetland area without the necessity of obtaining a permit. These uses include fishing, trapping, hunting, swimming, boating, hiking, grazing of animals, farming, lumbering and a variety of other enumerated low-impact uses.
MCL 324.30316 states that: "A person who violates this act is guilty of a misdemeanor, punishable by a fine of not more than $2,500.00." This penalty provision also empowers the district or circuit court to order the restoration of the wetland to its original condition prior to violating the act. People v Keeth, 193 Mich. App. 555; 484 NW2d 761 (1992).
Persons with specific questions about the Wetlands Protection Program should contact the Land and Water Management Division, DEQ, at (517) 373-1170.
