Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Wetlands Protection › Section R. 281.923 - Permits

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) An
				application for a proposed activity which is within a general permit category
				may be processed and issued by the department without the noticing or hearings
				specified under sections 7, 8, and 9 of the act. The department may process, by
				public notice, an application which would normally qualify under a general
				permit category to allow more opportunity for public review and comment.
				Categories of minor activities will be established in the general permit in
				accordance with section 10 of the act. The factors set forth in sections 3 and
				9 of the act shall be considered in determining whether such a permit is in the
				best interest of the public.
(2)
				Applications for activities that are not classified as minor shall be reviewed
				through the process prescribed under sections 7, 8, and 9 of the act. The
				department may issue an individual permit 21 days after the mailing of
				notification of the permit application if comments of nonobjection have been
				received from the municipality, if a public hearing has not been requested, and
				if the proposed activities are otherwise in accordance with the act.
(3) If the department does not approve or
				disapprove the permit application within the time provided by section 8(2) of
				the act, the permit application shall be considered approved and the department
				shall be considered to have made the determination required by section 9 of the
				act.
(4) When a project involves
				activities regulated under Act No. 247 of the Public Acts of 1955, as amended,
				being S322.701 et seq. of the Michigan Compiled Laws, or Act No. 346 of the
				Public Acts of 1972, as amended, being S281.951 et seq. of the Michigan
				Compiled Laws, or the act, the applicant shall submit 1 application for all
				activities regulated under these acts. Only 1 permit for these activities will
				be issued or denied by applying the criteria of the appropriate acts. If a
				permit is issued, conditions shall reflect the requirements of all appropriate
				acts.
(5) A permit may be issued
				for a period extending until the end of the following calendar year. A permit
				may be issued for a longer period of time if agreed to, in writing, between the
				applicant and the department. Before a permit expires, extensions of time may
				be granted by the department upon receipt of a written request from the permit
				holder explaining why such an extension is needed to complete the project. Up
				to two 12-month extensions shall be granted if there is no change in the
				activity for which the permit was originally issued. Administrative fees shall
				not be required for such extensions.
(6) Any permit issued under the act does not
				obviate the necessity of receiving, when applicable, approval from other
				federal, state, and local government agencies.
(7) Any permit issued by the department under
				the act may be revoked or suspended, after notice and an opportunity for a
				hearing, for any of the following causes:
(a)
				A violation of a condition of the permit.
(b) Obtaining a permit by misrepresentation
				or failure to fully disclose relevant facts in the application.
(c) A change in a condition that requires a
				temporary or permanent change in the activity.