The Clare Conservation District has been contracted by the Clare County Board of Commissioners to regulate the Soil Erosion Act (Act 451, Part 91 as amended) effective November 01, 2004

You may need a permit if:

A landowner or designated agent who contracts for, allows, or engages in, an earth change in this state shall obtain a permit from the appropriate enforcing agency before commencing an earth change which disturbs 1 or more acres of land or which is within 500 feet of the water’s edge of a lake or stream, unless exempted in R 323.1705.

An earth change activity that does not require a permit under subrule(1) of this rule is not exempt from enforcement procedures under part 91 or these rules, if the activity exempted by subrule (1) of this rule causes or results in a violation of part 91 or these rules.

In accordance with Part 91 of Act 451, of 1994 and it's corresponding general rules, the undersigned herewith makes application for a permit to undertake a proposed earth change. Permit requirements will be as follows:

A landowner or designated agent shall submit an application for a permit to the appropriate enforcing agency. An application for a state prescribed permit shall be submitted to the Clare County Soil Erosion Department, here after referred to as the "enforcing agency"

A landowner or designated agent shall submit, with the application, a soil erosion and sedimentation control plan and any other document that the enforcing agency may require

An authorized public agency is exempt from obtaining a permit from a county or local enforcing agency, but shall notify the county or local enforcing agency of each proposed earth change.

A person who is designated by the county or local enforcing agency and who is trained in soil erosion and sedimentation control methods and techniques shall review and approve all soil erosion and sedimentation control plans.

The appropriate enforcing agency shall approve, disapprove, or require modification of an application for an earth change permit within 30 calendar days following receipt of the application. The enforcing agency shall notify an applicant of approval by first-class mail. If an application is disapproved, then the enforcing agency shall advise the applicant by certified mail of its reasons for disapproval and corrections required for approval. The enforcing agency need not notify an applicant of approval or disapproval by mail if the applicant is given written approval or disapproval of the application in person. A permit given to the applicant either in person or by first-class mail constitutes approval.

A permit that contains state-prescribed information shall be used by each county or local enforcing agency and shall include any additional provisions required by the county or local enforcing agency. The permit shall be available at the site of the earth change for inspection..

The application shall be accompanied by a soil erosion and sedimentation control plan and any other document which the authorizing agency may require. For COMMERCIAL PROJECTS, the plan must include: A) blueprints or detailed drawings, a description and location of the physical limits of each proposed earth change; B) a description and location of all existing and proposed on-site drainage facilities; C) a description and location of all proposed temporary and permanent soil erosion control measures.

ALL PERMITS MUST BE AVAILABLE ON THE SITE OF THE EARTH CHANGE FOR INSPECTION.

COMMERCIAL PROJECTS that require critical soil erosion measures or that require stabilization measures involving expenditures of more than $500.00 may be required to issue a Surety Bond for the cost of stabilization posted with the Clare County Soil Erosion Department by the owner and a corporate surety agency.

A person shall prepare a soil erosion and sedimentation control plan for any earth change within 500 ft of a body of water or earth change greater than or equal to one acre. A person shall design the plan to effectively reduce accelerated soil erosion and sedimentation and shall identify factors that may contribute to soil erosion or sedimentation, or both. The plan shall include, but not be limited to, all of the following

A map or maps at a scale of not more than 200 feet to the inch or as otherwise determined by the county or local enforcing agency. A map shall include a legal description and site location sketch that includes the proximity of any proposed earth change to lakes or streams, or both; predominant land features; and contour intervals or slope description

A soils survey or a written description of the soil types of the exposed land area contemplated for the earth change.

Details for proposed earth changes, including all of the following:

A description and the location of the physical limits of each proposed earth change.

A description and the location of all existing and proposed on-site drainage and de-watering facilities

The timing and sequence of each proposed earth change.

The location and description for installing and removing all proposed temporary soil erosion and sediment control measures.

A description and the location of all proposed permanent soil erosion and sediment control measures.

A program proposal for the continued maintenance of all permanent soil erosion and sediment control measures that remain after project completion, including the designation of the person responsible for the maintenance. Maintenance responsibilities shall become a part of any sales or exchange agreement for the land on which the permanent soil erosion control measures are located.

Please send completed application & required material along with payment made payable to

Clare County Soil Erosion

If you have any further questions feel free to call the office at (989) 539-6401

Click here to view a copy of the application in pdf format.

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