MIState-AdministeredSWPPP Requirements in Michigan
Michigan has the most complex dual-permit construction stormwater system in the Great Lakes region. Operators must obtain a Part 91 Soil Erosion and Sedimentation Control permit from the county AND NPDES construction stormwater coverage under Part 31 Rule 2190 (permit-by-rule) from EGLE — not a traditional single general permit number. Coverage for sites disturbing five or more acres is typically obtained through a Notice of Coverage (NOC) to EGLE after Part 91; smaller sites often tie to Part 91 and Rule 2190 as described in EGLE guidance. These are separate applications, fees, inspections, and enforcement authorities. Michigan's Great Lakes watershed position makes stormwater quality a top environmental priority.
Michigan SWPPP Key Facts
- ✓Dual requirement: Part 91 county SESC + NPDES coverage under Part 31 Rule 2190 (permit-by-rule — verify current NOC steps in EGLE/MiEnviro guidance)
- ✓County Part 91 permit is typically required before or in parallel with NPDES coverage steps
- ✓Two separate inspection regimes: county inspectors (Part 91) and EGLE (stormwater program)
- ✓State NPDES fees depend on program tier; county Part 91 fees vary significantly
- ✓Great Lakes watershed jurisdiction adds federal Great Lakes Compact considerations
Administering Agency
- Agency
- Michigan Department of Environment, Great Lakes, and Energy (EGLE)
- Phone
- 800-662-9278
- Website
- EGLE Stormwater Program
Permit Details
- Permit Name
- NPDES construction stormwater coverage (Part 31, Rule 2190 — permit-by-rule; not a single statewide permit number)
- Permit Document
- View Current Permit
SWPPP Thresholds & Triggers
- Acreage Threshold
- 1 acre of land disturbance
Michigan requires BOTH a county-issued Part 91 Soil Erosion and Sedimentation Control (SESC) permit AND NPDES construction stormwater coverage under Part 31 Rule 2190 (permit-by-rule). The Part 91 SESC permit from the county is typically required first. Great Lakes watershed protections apply statewide.
Inspection Requirements
- Inspection Frequency
- At least once every 7 days and within 24 hours after a storm event producing 0.5 inches or more of rain
- Rain Event Threshold
- 0.5 inches in 24 hours
- Certified Inspector
- Required by state
- Accepted Certifications
- CPESC, CESSWI, Michigan SESC-certified inspector
Part 91 inspections are conducted by county agencies; NPDES inspections by EGLE. Two separate inspection regimes operate in parallel.
Penalties & Enforcement
- Max Civil Penalty (Per Day)
- $25,000 per day per violation (Part 31 Water Resources Protection Act)
- Criminal Penalties
- Felony charges for knowing violations; imprisonment up to 2 years
Both county (Part 91) and EGLE (NPDES) can issue enforcement actions independently.
Permit Fees
- NOI Filing Fee
- $0 (state NPDES); Part 91 county fees vary ($100–$2,000+ depending on project size and county)
- Other Fees
- Part 91 bond or financial assurance may be required by county
How Michigan Differs from Federal Requirements
- ⚠Michigan's dual-permit system (Part 91 + NPDES) has no federal CGP equivalent — federal permit only covers the NPDES component.
- ⚠Part 91 county permits add a sub-state regulatory layer unique to Michigan.
- ⚠EGLE's Great Lakes mandate creates stricter water quality standards than federal CGP baseline.
SWPPP Tips for Michigan
- ➤Apply for the county Part 91 SESC permit first — EGLE may require proof of Part 91 application before processing the NPDES NOI.
- ➤County SESC requirements vary significantly; contact the county drain commissioner or conservation district early.
- ➤Budget for Part 91 bond requirements — some Michigan counties require performance bonds for larger projects.
Michigan SWPPP FAQs
Do I need both a county and a state permit in Michigan?+
Yes. Michigan law requires a Part 91 Soil Erosion and Sedimentation Control permit from the county AND NPDES construction stormwater coverage under Part 31 Rule 2190 from EGLE for projects disturbing 1+ acre, following EGLE's permit-by-rule process (including Notice of Coverage for larger sites).
Which permit do I get first — the county Part 91 or the state NPDES?+
Generally the county Part 91 permit comes first. EGLE may require the Part 91 application to be submitted or approved before NOC/NPDES steps. Check with your specific county and EGLE district office.
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