Why erosion and sediment control are important?
Sediment is the greatest pollutant by volume entering our lakes and streams. Sediment is the product of uncontrolled erosion. Erosion and off-site sedimentation affect everyone in Michigan. Erosion and sedimentation result in: loss of fertile topsoil, damage to lakes and streams, increased flooding, damage to plant and animal life, and structural damage to buildings and roads.

Construction is one of the major causes of erosion in Michigan. Without proper planning and management, over 100 tons of sediment per year can be generated on some construction sites.

Why was the Soil Erosion and Sedimentation Control Act passed?
A primary intent of Act 451 is to protect the water of the state by minimizing erosion and controlling sediment.

What activities require an Act 451 Permit?
A permit is required for any earth change that disturbs one or more acres, or is within 500 feet of a lake or stream. Exempted activities include plowing and tilling for crop production, logging and mining. However, they must conform to Soil Erosion Standards as required for a permit. Mining does not include the removal of clay, gravel, sand, peat or topsoil.

Where do I obtain an Act 451 Permit?
Counties have the primary responsibility for issuing permits. In some cases, cities, villages and charter townships have assumed permitting responsibility within their jurisdictions. Permit applications can be obtained from the respective county or local agencies.

What information is required in the permit application?
The application must provide specific information such as the name of the responsible individual and starting and ending dates. Additionally, a soil erosion and sedimentation control plan must be developed that will effectively reduce soil erosion and off-site sedimentation.

1. A map showing the site location, physical limits of each change activity, predominant land features including lakes, streams and wetlands, and contour intervals or slope information.
2. Soil information.
3. Location of existing and proposed drainage patterns.
4. Timing and sequence of each proposed earth change.
5. Description of all temporary and permanent erosion and sedimentation control measures.
6. A schedule for maintaining all control measures.
7. Any other information required by the permitting agency.

What principles should be considered when developing a soil erosion and sedimentation control plan?

1. Integrate the overall construction design and activities to fit the physical and vegetative features of the site.
2. Stage construction and stabilization activities to minimize the area and duration of disturbance.
3. Identify control measures that will minimize erosion.
4. Identify control measures that will prevent off-site sedimentation. Sediment control should not be used as a substitution for erosion control, but rather in conjunction with erosion control.
5. Establish an inspection and maintenance schedule.

Are there penalties for not complying with permit conditions or Act 451? Yes, there are several:

1. A person who violates this part is subject to a municipal or state civil infraction and may be ordered to pay a civil fine of not more than $2,500.
2. A person who knowingly violates this part or knowingly makes a false statement in the application is responsible for the payment of a civil fine of not more than $10,000 for each day of violation.
3. A person who knowingly violates this part after receiving a notice of determination under Section 9112 or 9117 is responsible for the payment of a civil fine of not less than $2,500 or more than $25,000 for each day of violation.
4. A stop work order may be issued until compliance is obtained.
5. The permitting agency can install or maintain control measures to bring a nonconforming site into compliance with Act 451 and bill the landowner for the costs incurred.

Who do I call if I have more questions?
Questions should be directed to the appropriate county or local agency at:

Jackie Fitzgerald Drain Commissioner/SES Agent Mecosta County Services Building 14485 Northland Drive Big Rapids, MI 49307 Phone: (231) 592-0103 Fax: (231) 592-9446

OFFICE HOURS 8:30 a.m. - 5:00 p.m. Monday - Friday