Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Wetlands Protection › Section R. 281.921 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) As used
				in these rules:
(a) "Act" means Act No. 203 of
				the Public Acts of 1979, being S281.701 et seq. of the Michigan Compiled
				Laws.
(b) "Contiguous" means any of
				the following:
(i) A permanent surface water
				connection or other direct physical contact with an inland lake or pond, a
				river or stream, one of the Great Lakes, or Lake St. Clair.
(ii) A seasonal or intermittent direct
				surface water connection to an inland lake or pond, a river or stream, one of
				the Great Lakes, or Lake St. Clair.
(iii) A wetland is partially or entirely
				located within 500 feet of the ordinary high watermark of an inland lake or
				pond or a river or stream or is within 1,000 feet of the ordinary high
				watermark of one of the Great Lakes or Lake St. Clair, unless it is determined
				by the department, pursuant to R 281.924(5), that there is no surface water or
				groundwater connection to these waters.
(iv) Two or more areas of wetland separated
				only by barriers, such as dikes, roads, berms, or other similar features, but
				with any of the wetland areas contiguous under the criteria described in
				paragraph (i), (ii), or (iii) of this subdivision. The connecting waters of the
				Great Lakes, including the St. Marys, St.Clair, and Detroit rivers, shall be
				considered part of the Great Lakes for purposes of this definition.
(c) "General permit" means a
				permit which, as authorized by section 10 of the act, is issued for categories
				of minor activities, as defined in subdivision (f) of this subrule.
(d) "Individual permit" means a permit which,
				as authorized by sections 7, 8, and 9 of the act, is issued for categories of
				activities that are not classified as minor.
(e) "Inland lake or pond, a river or stream"
				means any of the following:
(i) A river or
				stream which has definite banks, a bed, and visible evidence of a continued
				flow or continued occurrence of water.
(ii) A natural or permanent artificial inland
				lake or impoundment that has definite banks, a bed, visible evidence of a
				continued occurrence of water, and a surface area of water that is more than 5
				acres. This does not include lakes constructed by excavating or diking dry land
				and maintained for the sole purpose of cooling or storing water and does not
				include lagoons used for treating polluted water.
(iii) A natural or permanent artificial pond
				that has permanent open water with a surface area that is more than 1 acre, but
				less than 5 acres. This does not include ponds constructed by excavating or
				diking dry land and maintained for the sole purpose of cooling or storing water
				and does not include lagoons used for treating polluted water.
(f) "Minor activities" means
				activities that are similar in nature, that will cause only minimal adverse
				environmental effects when performed separately, and that will have only
				minimal cumulative adverse effects on the environment.
(g) "Wetland vegetation" means plants that
				exhibit adaptations to allow, under normal conditions, germination or
				propagation and to allow growth with at least their root systems in water or
				saturated soil.