Process, the EPA can withdraw that designation. Has been delegated the right to generally administer the fill-permitting Like, but are otherwise close to lakes, ponds, rivers, or streams, are also Wetlands that are separated from other wetlands by dikes, roads, berms, and the Pond, river, or stream, and any water within 1000 feet of a Great Lake or Lake Also considered "contiguous" are any waters within 500 feet of a lake, "contiguous" to mean either a seasonal or intermittent direct surface waterĬonnection with a lake, pond, river, or stream. (4) not contiguous to any waters in (1) and less than five acres in size where a determination is made that preservation of that wetland is necessary to protect the state’s natural resources from destruction. Not contiguous to any waters in (1), but more than five acres in size in aĬounty with less than 100,000 residents where a wetlands inventory has been Waters above, but more than five acres in size in a county with more than Jurisdiction over wetlands that are (1) contiguous to the Great Lakes, Lake St.Ĭlair, an inland lake or pond, or a river or stream (2) not contiguous to any To the EPA, nothing prevents a state from enacting more stringent requirements The CWA does not contain an explicit requirement that a state’s permitting program be as stringent as the CWA, but the EPA, which authorizes state programs, has specifically interpreted it in that manner in a federal regulation. The wetlands protection section isĬurrently codified at Mich. Resources and Environmental Protection Act. Repealed it and then substantially re-enacted it as part of the state’s Natural Wetlands Protection Act was enacted in 1979. Such responsibility (the other is New Jersey). § 233.70 (2005) Michigan is one of two states that have assumed Michigan assumed authority for wetlands permitting inġ984, 40 C.F.R. § 1344(g) and (h), whichĪllow a state to assume responsibility for issuing permits for the discharge ofĭredge or fill material. Jurisdiction promotes an imbalance in the federal-state relationship.įWPCA Amendments of 1977, Congress enacted 33 U.S.C. The interaction of Michigan and federal wetlands law is instructive in thisĬase, since it suggests that the federal agency’s broad construction of its own Consolidated cases concern Michigan properties, this Court may be interested in
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