The Act requires that a permit be obtained for any earth change activity, such as excavation or filling, which disturbs the natural ground surface within 500 feet of a lake, stream, or county Drain, or which is larger than one acre in size. The Act also requires each County to designate an agency to be the County Enforcing Agent (CEA) to issue permits, perform inspections, and otherwise administer the program. In Midland County, the Board of Commissioners has designated the Drain Commissioner's Office to serve as the CEA.
The Act also allows for a local municipality to issue permits and administer the law within its jurisdiction. The City of Midland is a Municipal Enforcing Agency. Hence, a person needing a permit for an earth change activity within the City of Midland must obtain the permit from the City of Midland Building Department. Permits for projects outside the city limits are obtained from the Drain Commissioner's Office.
Requirements for Permit
- Application for permit form and Site Plan or Sketch.
- Sketch of existing profile and finished profile and finished profile of lot along length of lot from road to water's edge.
- Measures planned to prevent sand or soil from leaving the construction site and from entering lake or stream during construction. Suggestion - leave bank and a flat grass covered strip, a minimum 20 feet wide for flat land and increasing in width with steeper slopes on ground sloping toward the stream or lake, undisturbed to act as a filter for sediment.
- Measures planned to prevent sand or dirt from being carried into and down roadway ditch during rainstorms.
- Schedule (approximate) for backfilling basement walls or foundations, grading topsoil, fertilizing and seeding.
- Final completion date.