APPENDIX G: SAMPLE SOIL EROSION
& SEDIMENTATION CONTROL ORDINANCE
PROVIDED
BY: HOPE CROSKEY OF SPICER GROUP, INC. and
MICHIGAN
DEPARTMENT OF ENVIRONMENTAL QUALITY
DATE: APRIL
2003
Introduction:
Municipalities
must adopt a Soil Erosion and Sedimentation Control (SESC) Ordinance that is at
least as restrictive as Part 91 and the administrative rules to become an
approved Municipal Enforcing Agency (MEA).
Counties must either pass a resolution or adopt an Ordinance to be an
approved County Enforcing Agency (CEA).
Local SESC ordinances allow agencies to administer and enforce soil
erosion and sedimentation control pursuant to criteria set forth in the
ordinance which can be more restrictive than Part 91 and the administrative
rules. The following SESC Ordinance was
developed by Hope Croskey of Spicer Group, Inc., for the Allegan County Drain
Commissioner’s Office. This ordinance is
more restrictive because it requires a permit for earth change activities
within 500 feet of Waters of the State (i.e., lakes, streams, drains and
regulated wetlands) or a storm drain inlet regardless of the amount of land
disturbed. In addition it provides the
following administrative provisions:
1.
Identifies
individuals that have authority to issue municipal civil infraction citations. The
2.
Identifies
where permit fees and municipal civil infraction fines are deposited and
establishes a County SESC Fund for use by the ________ County Drain
Commissioner’s Office for use in the administration and enforcement of the
3.
Indicates that
fees will be doubled if work starts without a permit.
4.
Authorizes
the use of Stop Work Orders. A cease and desist order is a directive to
discontinue or cease doing something that has resulted in a violation such as
stopping earth work that resulted in a violation such as stopping earth work
that resulted in a discharge of sediment or stopping earth work until a permit
has been obtained. A stop work order
directs all work on the site to be halted until violations are corrected. The county may be liable for monetary damages
if a stop work order is erroneously issued.
5.
Indicates that
fees will be established and periodically revised by a resolution of the
6.
Authorizes
notices to be personally served or be sent by certified mail.
7.
Establishes an
appeals process.
Contact Hope Croskey or
Larry Protasiewicz of Spicer Group, Inc. at 989‑224‑2355 for
further information regarding this ordinance.
________
Soil Erosion and Sedimentation Control
Ordinance
Ordinance No. 2003-____
CHAPTER 1: PURPOSE AND AUTHORITY
The ________ County
Soil Erosion and Sedimentation Control Ordinance is intended to protect the
health, safety and welfare of the County residents and the public health,
safety and welfare of the community by regulating earth change activities,
which can harm the environment through erosion and the unnatural accumulation
of sediment. The ________ County Board
of Commissioners adopts this Ordinance pursuant to the provisions of Part 91,
Soil Erosion and Sedimentation Control, of the Natural Resources and
Environmental Protection Act, 1994 PA 451, as amended (Part 91), being 324.9101
et seq. of the Michigan Compiled Laws
and the Administrative Rules promulgated by the Michigan Department of
Environmental Quality.
CHAPTER 2: DEFINITIONS
The
"Accelerated soil erosion" means the increased loss of the
land surface that occurs as a result of human activities.
“Agricultural Practices” means all land
farming operations except plowing or tilling of land for the purpose of crop
production or the harvesting of crops.
“Authorized Public Agency” means a state
agency or an agency of a local unit of government authorized by the Department
under Section 9110 of Part 91 to implement soil erosion and sedimentation
control procedures with regard to earth changes undertaken by it.
“Cease and Desist Order” means an order that
stops only that work relative to a project which is causing a violation of this
ordinance or Part 91 until said violation is corrected.
“Certificate of Completion” means a signed,
written statement by the Soil Erosion Control Agent that the specific
construction and inspections have been performed and that such work complies
with the applicable requirements of Part 91, the Rules, and this Ordinance.
“Conservation District” means a
conservation district authorized under Part 93, Soil Conservation Districts, of
the Natural Resources and Environmental Protection Act, 1994 PA 451, being
324.9301 et seq. of the Michigan Compiled Laws.
“County” means the
“County Enforcing Agency” means the ________
County Drain Commissioner’s Office, as designated by the ________ County Board
of Commissioners under Section 9105 of Part 91.
“Department” means the Michigan
Department of Environmental Quality.
“Designated Agent” means a person
who has written authorization from the landowner to sign the application and
secure an earth change permit in the landowner’s name.
“Earth Change” means a human-made change in the
natural cover or topography of land, including cut and fill activities, which
may result in or contribute to soil erosion or sedimentation of the Waters of
the State. Earth change does not include
the practice of plowing and tilling soil for the purpose of crop production.
“Earth Change Permit” or “Permit” means a permit issued
by the Soil Erosion Control Agent to authorize work to be performed under the
provisions of Part 91, the Rules, and this Ordinance.
“Grading” means any leveling, stripping, excavating,
filling, stockpiling or any combination thereof and shall include the land in
its excavated or filled condition.
“Lake” means the Great Lakes and all natural and
artificial inland lakes or impounds that have definite banks, a bed, visible
evidence of continued occurrence of water, and a surface area of water that is
equal to, or greater than 1 acre. "
"Landowner" means the person who owns or holds a recorded easement on the property
or who is engaged in construction in a public right-of-way in accordance with
sections 13, 14, 15, and 16 of Highway Obstructions and Encroachments; use of
Highway by Public Utilities, 1925 PA 368, as amended, being 247.183, 247.184,
247.185, and 247.186 of the Michigan Compiled Laws.
“Municipal Enforcing Agency” means an agency
designated by a municipality under Section 9106 of Part 91 to enforce a Local
Ordinance that has been approved by the Department.
“Municipality” means any of the following:
a. A city.
b. A village.
c. A charter township.
d. A general law township that is
located in a county with a population of 200,000 or more.
"Non-erosive velocity" means a speed of
water movement that is not conducive to the development of accelerated soil
erosion.
“On-Site Authorized Agent” means the person
identified on the permit application by the landowner or the designated agent
to be authorized and responsible for making decisions on behalf of the
landowner.
“Part 91” means Part 91, Soil Erosion and
Sedimentation Control, of the Michigan Natural Resources and Environmental
Protection Act, 1994 PA 451, as amended, being 324.9101
et seq. of the Michigan Compiled Laws.
"Permanent Soil Erosion and Sedimentation
Control Measures" means those control measures, which are installed or
constructed to control soil erosion and sedimentation and which are maintained
after project completion.
“Rules” means the rules promulgated pursuant to
the Administrative Procedures Act of 1969, 1969 PA 306, being 24.201 to 24.328
of the Michigan Compiled Laws for the administration of Part 91.
“Sediment” means solid particulate matter,
including both mineral and organic matter, that is in suspension in water, is
being transported, or has been removed from its site of origin by the actions
of wind, water, or gravity and has been deposited elsewhere.
"
“Soil Erosion” means the wearing away of land by
the action of wind, water, or gravity; or a combination of wind,
water, or gravity.
“Soil Erosion Control Agent” means a person who
has a certificate of training in soil erosion and sedimentation control from
the Department and that is appointed by the ________ County Drain Commissioner
to perform the responsibilities for administering and enforcing Part 91, the
Rules, and this Ordinance.
"Stabilization" means the
establishment of vegetation or the proper placement, grading, or covering of
soil to ensure its resistance to soil erosion, sliding, or other earth
movement.
“State Agency” means a principal state department
or a state public university.
“Stop Work Order” means an order
that stops all work on a project until any and all violations of Part 91, the
Rules and this Ordinance are corrected, except for remedial measures to correct
the violation.
"
“Stream”
means a river, creek, or other surface watercourse which may or may not be
serving as a drain as defined in The Drain Code of 1956, 1956 PA 40, as
amended, being 280.1 et seq. of the Michigan Compiled Laws,
and which has definite banks, a bed, and visible evidence of the continued flow
or continued occurrence of water, including the connecting waters of the Great
Lakes.
"Temporary Soil Erosion and Sedimentation
Control Measures" means interim control measures which are installed or
constructed to control soil erosion and sedimentation and which are not
maintained after project completion.
“Violation of Part 91” or “Violates Part 91” means a
violation of Part 91, the Rules, or this Ordinance, or a permit issued under
Part 91 or this Ordinance.
“Waters of the State” means the Great
Lakes and their connecting waters, inland lakes and streams, as defined in the
Rules, and wetlands regulated under Part 303, Wetlands Protection, of the Natural Resources and Environmental
Protection Act, 1994 PA 451, being 324.30301
et seq. of the Michigan Compiled Laws.
CHAPTER 3: GENERAL PROVISIONS
Section 3.1
County Enforcing Agency
The
County Drain Commissioner’s Office is hereby designated as the County Enforcing
Agency responsible for administering and enforcing Part 91, the Rules, and this
Ordinance.
Section 3.2
Jurisdiction
The
County Drain Commissioner’s Office shall administer and enforce this Ordinance
throughout the County except within the territorial boundaries of a
governmental unit that has adopted an Ordinance and has been designated by the
Department as a Municipal Enforcing Agency pursuant to Section 9106 of Part 91,
or has been designated by the Department as an Authorized Public Agency
pursuant to Section 9110 of Part
91.
Section 3.3
Rules Adopted
The
County hereby adopts by reference and incorporates into this Ordinance as if
fully set forth herein the Rules adopted by the Department pursuant to Part 91
and duly filed with the Secretary of State.
Said rules shall be available for public distribution at a reasonable
charge and will be available for public inspection at the County Drain
Commissioner’s Office.
Section 3.4
Fee Schedule
All fees for
administering and enforcing this Ordinance shall be paid to the County in
accordance with a Fee Schedule determined by resolution of the
All fees shall be
doubled if work starts without a permit.
Section 3.5
Severability (Section 324.9122)
If any provision of Part 91, the
Rules, or this Ordinance is declared by a court of competent jurisdictions to
be invalid, the invalid provision shall not affect the remaining provisions of
Part 91, the Rules, or this Ordinance that can be given effect without the
invalid provision. The validity of Part
91, the Rules, or this Ordinance as a whole or in part shall not be affected,
other than the provision invalidated.
Section 3.6
Other Regulations Repealed
All
other
Section 3.7
More Restrictive Provisions
To the
extent that any provisions or requirements of this Ordinance are more
restrictive than, or are in addition to, the provisions or requirements of Part
91 or the Rules, this Ordinance shall control.
CHAPTER 4: BUILDING PERMITS (see R 323.1711)
Section 4.1 A
local agency or general law township that issues building permits shall notify
the County Drain Commissioner’s Office immediately upon receipt of a building
permit application that includes activities requiring an earth change permit
identified in subsection 5.1 of this Ordinance.
Section 4.2 A local agency or
general law township shall not issue a building permit to a person engaged in
an earth change if the change requires a permit under Part 91, the Rules or
this Ordinance until the County Drain Commissioner’s Office has issued the
Earth Change Permit.
CHAPTER 5: EARTH CHANGE PERMIT REQUIREMENTS
Section 5.1 Activities
Requiring an Earth Change Permit (see R 323.1704)
(a)
A landowner or Designated Agent who contracts for, allows,
or engages in an earth change in this County shall obtain an Earth Change Permit
in the landowner’s name from the County Drain Commissioner’s Office, unless
exempted in section 5.2 of this Ordinance, before commencing an earth change
which:
1.
Disturbs one or more acres of land; or
2.
Is located within 500 feet of the Waters of the State
regardless of the amount of land disturbed; or
3.
Is located within 500 feet of a storm drain inlet
regardless of the amount of land disturbed.
(b)
If an earth change is under the jurisdiction of two or more
municipal or county enforcing agencies, an earth change permit from the ________
County Drain Commissioner’s Office is required for the activities under the
jurisdiction of this Ordinance.
(c)
An earth change activity that does not require an Earth
Change Permit under this ordinance is not exempt from enforcement procedures
under Part 91, the Rules or this Ordinance, if the activity exempted results in
soil erosion and off-site sedimentation.
Section 5.2 Permit
Exemptions and Waivers (see R 323.1705 and Section 324.9115)