Floodplains and Plat Review

Agency: Environment, Great Lakes, and Energy

The Water Resources Division (WRD), within the Michigan Department of Environment, Great Lakes, and Energy (EGLE), has responsibility for reviewing plats proposed to abut waters of the state or floodplains under the provisions of the Land Division Act, 1967 PA 288, as amended. The purpose of this review is to assure that residential structures proposed in new subdivisions located in flood prone areas are reasonably safe from flooding.


A. NAME OF PERMIT OR APPROVAL:

Preliminary plat approval

B. STATUTORY AUTHORITY:

Land Division Act, Public Act 288 of 1967, as amended

C. APPLICABLE REGULATION:

Michigan Administrative Code, Rules Administered by EGLE, WRD

Part 3, Subdivision of Land (R 560.301 - 560.304)

D. SUMMARY OF PERMIT/APPROVAL PROCESS:

 1.  Applicability (activities that require the permit)

Any proposed subdivision that will abut a lake or stream or that will lie wholly or in part within a floodplain.

 2.  Pre-Application Requirements

The proprietor of a proposed subdivision shall submit a preliminary plat to the EGLE if the proposed subdivision will abut a lake or stream or will lie wholly or in part within a floodplain. The EGLE shall approve or reject the submittal or shall provide information as may be helpful to plan the development and secure approval of the final plat. Approvals are issued for a two-year period and may be renewed, if appropriate.

 3.  Application Submission Requirements
  • Three copies of the preliminary plat including appropriate fee.
  • Topographical maps, stream valley cross-sections, a hydraulic engineering report, hydraulic review fee, and other materials may be requested for review.
  • Activities which require a permit under Part 301 (Inland Lakes and Streams), Part 31 (Floodplains), or Part 303 (Wetlands Protection) of the NREPA require separate permits.
 4.  Procedures and Time-Frame for Obtaining Permit or Approval
  • Applicant submits preliminary plat to WRD.
  • Within 30 days of receipt of an administratively complete package, EGLE shall provide the proprietor with its decision.
 5.  Operational Requirements
  • Before a final plat is approved, the proprietor must comply with all applicable rules and regulations and stipulations set forth in the approval letter.
  • Site inspections may be made.
 6.  Fees

$500 plus a $1,500 hydraulic review fee, when applicable

 7.  Appeal Process

Applicants may appeal denials by filing for a contested case hearing in accordance with the provisions of the Administrative Procedures Act, Public Act 306 of 1969.

 8.  Public Input Opportunities

The decision maker in this program is the Supervisor of the Hydrologic Studies and Dam Safety Unit of the WRD. Substantial or unresolved issues may be reviewed by the EGLE deputy directory or the WRD division director.  The Land Division Act is administered primarily by the local units of government with overall program coordination provided by the Michigan Department of Licensing and Regulatory Affairs. Once the floodplain decision on a preliminary plat has been made by EGLE, the municipal governing body considers the preliminary for approval at their next regular meeting. The best opportunity for public input is at that meeting.

E.  ADMINISTERING AGENCY:

EGLE, Water Resources Division, Floodplain and Subdivision Program, P.O. Box 30458, Lansing, Michigan 48909-7958

  • Program Phone: 517-256-4458

 

Creation/Revision Date:

July 2019