What is Changing with Michigan Wetland Regulations

Similar documents
The Clean Water Act. Clarifies protection under the Clean Water Act for streams and wetlands

The Clean Water Act Waters of the US Proposed Rule -- What is it and what are the implications for agriculture?

We ve come a long way from the days when swampland

NOXIOUS WEED REGULATORY GUIDELINES. Noxious Weeds in Aquatic Critical Areas: Regulatory Issues. What are Aquatic Critical Areas?

AN ACT to renumber (1); to renumber and amend (3) and

NAR Fact Sheet Proposed Changes to Clean Water Act Regulations

Silviculture Exemption Update

An Introduction to the Corps of Engineers Regulatory Program

Michigan Retains Delegated Wetland Authority

Summary and Key Points from the Proposed Rule Revised Definition of Waters of the United States

COMMONWEALTH OF VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY WATER DIVISION. ELLEN GILINSKY, Ph.D DIRECTOR P.O.BOX 1105 Richmond, VA 23218

RIPARIAN AREAS REGULATION

Top Environmental Regulations Affecting Agriculture in 2015

Waters of the United States Rulemaking

Freshwater Wetland Rules and Agriculture NJDEP Freshwater Wetlands Rules N.J.A.C. 7:7A Effective 10/20/03

NJDEP Regulations that impact or soon will impact agricultural operations. April 1, 2007 Horses 2007

The requirement to address wetland impacts in the environmental assessment and documentation process is driven by wetland regulations.

Waters of the United States. National Conference of State Legislatures August 20, 2014 Virginia S. Albrecht

Chapter CONSTRUCTION SITE EROSION CONTROL

HOUSE BILL lr0052

CHARLES SOIL CONSERVATION DISTRICT COMPLIANCE AGREEMENT FOR THE STANDARD EROSION AND SEDIMENT CONTROL PLAN FOR FOREST HARVEST OPERATIONS

Waters of the U.S.

Land and Water Management Division Programs. Department of Environmental Quality

USACE Regulatory Program Ongoing Developments

Ditches in North Carolina

17 th Annual LRGV WQ Management & Planning Confernece South Padre Island, TX May 19, 2015

IDEM Wetlands and Streams Regulatory Overview. An overview of IDEM permitting for work in Waters of the State

The New Clean Water Rule

Cape Cod Cranberry Growers Association GROWER ADVISORY

Special Issues Regarding Wetland Regulation in Agricultural Areas

CITY OF NEW WESTMINSTER. Bylaw No. 7033, 2005 RIPARIAN AREAS PROTECTION BYLAW

Hydrology and Watershed Management

DEQ Update Teresa Seidel

DEPARTMENT OF ENVIRONMENTAL QUALITY WATER BUREAU PART 17. SOIL EROSION AND SEDIMENTATION CONTROL

ARTICLE 24 WETLAND AND WATERWAYS PROTECTION. Sec Intent CHARTER TOWNSHIP OF BRIGHTON ZONING ORDINANCE

FOREST, WETLANDS AND HABITAT

Let s drain this here swamp! We must protect this sensitive wetland ecosystem!

FEDERAL WETLANDS PERSPECTIVE DEPARTMENT OF THE ARMY REGULATORY PROGRAM

Contentious Wetlands and Connections to Streams: Using Science to inform Policy and Practice

Navigating Section 404 Clean Water Act Permitting

1. GENERAL DESCRIPTION OF LAND USE / COVER TYPES (SEE GENERAL DESCRIPTIONS ON PAGE 7) A 2. ADJACENT LANDS & EASEMENTS 3. FAMILY AGRICULTURAL LEGACY

Main Regulatory Agencies

South Carolina Environmental Law Project

Western State Water Issues Proposed Definition of. Waters of the United States

Revisions to the RI Freshwater Wetlands Act

AB 463/SB 386 WETLAND REGULATORY REFORM BILL

Glossary. September 11,

Great Lakes Fruit, Vegetable & Farm Market EXPO

Regulatory Guidance Letter 96-02

Subject: Conservation; water resources; Lake Champlain; total maximum 5. Statement of purpose: This bill proposes to amend requirements for 7

April 15, National Corn Growers Association Comments on Revised Definition of Waters of the United States, 84 Fed. Reg. 4,154 (Feb.

Guidelines for the Implementation of Ontario Regulation 179/06

Waters of the U.S. Revisions

Sustainable Non-Agriculture Land Management

3.2 AGRICULTURAL RESOURCES

Michael Pennington, DEQ

STATE OF MICHIGAN BILL SCHUETTE, ATTORNEY GENERAL

Resource Protection Areas: Nontidal Wetlands Guidance on the Chesapeake Bay Preservation Area Designation and Management Regulations June 18, 2007

WETLANDS AND OPEN WATERS Compensatory Mitigation Definitions of Factors

Discuss. With the members of your table, discuss these two questions and come up with a list:

ENFORCEMENT STATE 25 FOOT BUFFER REQUIREMENT CWA PROBLEMS BUFFER VARIANCE STATE BUFFER. GA Construction Stormwater Project

Wisconsin s Green Fire: Voices for Conservation

US Army Corps of Engineers BUILDING STRONG

Chapter 102 Erosion and Sediment Control and Stormwater Management Proposed Final Rulemaking. Agricultural Advisory Board February 17, 2010

FOREST, WETLANDS AND HABITAT A SYST FOR FOREST, WETLANDS AND HABITAT LANDOWNERS. FAS 115 October 2014 New

2008 REPORT OF THE ACTIVITY OF THE NEW HAMPSHIRE DEPARTMENT OF ENVIRONMENTAL SERVICES AQUATIC RESOURCE MITIGATION FUND PROGRAM.

CLOCA Rural & Agricultural Guide to Permits

I THOUGHT IT WAS JUST WET LAND: A GUIDE TO ENVIRONMENTAL PERMITTING FOR AIRPORTS ROAD SCHOOL 2018 SIMON DAVIES, SENIOR SCIENTIST MARCH 7, 2018

Forested Wetlands and Eastern North Carolina: Silviculture in Pocosins. James D. Gregory

Corps Regulatory Program Jurisdiction and Permits

Attention-Docket ID No. EPA-HQ-OW

Overview of Clean Water Act Section 404 Permitting

U.S. Army Corps of Engineers Water Resources Regulatory Program: Emergency Stream Restoration

Watercourses and Wetlands and Agricultural Activities

NOTICE OF ADOPTION OF RULES OHIO ENVIRONMENTAL PROTECTION AGENCY. Rules Governing. Water Pollution Control Loan Fund

15A NCAC 02B.0238 NEUSE RIVER BASIN-NUTRIENT SENSITIVE WATERS MANAGEMENT STRATEGY: AGRICULTURAL NITROGEN REDUCTION STRATEGY The following

Summary of Proposed Revised Definition of Waters of the U.S.

Agricultural Production in the United States: Second Report, (Version 2), December Available at:

Jurisdiction, Wetland Delineations and Datasheets

How is Water Quality Affected by Land Use?

33 PART 323 PERMITS FOR DISCHARGES OF DREDGED OR FILL MATERIAL INTO WATERS OF THE UNITED STATES. Authority: 33 U.S.C

NOTICE OF PUBLIC RULEMAKING HEARING BEFORE THE COLORADO WATER QUALITY CONTROL COMMISSION

Pesticide Use and Water Quality Considerations. Bob Hays Hays Environmental Services

Environmentalist Knowledge of Everglades Law. Benjamin C. Garelick Teresa E. Thornton, Ph.D. Oxbridge Academy, West Palm Beach

USC BMP Definitions - Agricultural Best Management Practices (including NEIEN Code Id)

Understanding Agriculture And Clean Water

STATE OF MINNESOTA MINNESOTA POLLUTION CONTROL AGENCY FINDINGS OF FACT

MIDDLE GRAND RIVER WATERSHED MANAGEMENT PLAN

Permit requirements for invasive species control

State of Florida Department of Community Affairs Areas of Critical State Concern Implementation Status Report Apalachicola Bay Area

Proposed Clean Water Act Rule on Designating Waters of the U.S.

Permit Application: Soil Erosion and Sediment Control Program

UNDERSTANDING THE LAW. In Pennsylvania, both state and federal law govern water pollution caused by stormwater. We briefly examine both.

STATE OF MICHIGAN DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT LANSING

Chapter 6: Land Use/Land Cover

MACOMB COUNTY SOIL EROSION AND SEDIMENTATION CONTROL ORDINANCE. Adopted August 16, 2007 by Resolution of the Macomb County Board of Commissioners

Report to the Collaborative Stakeholder Group

SECONDARY WETLAND IMPACTS ANALYSIS

State of Michigan Civil Service Commission Capitol Commons Center, P.O. Box Lansing, MI POSITION DESCRIPTION

Riparian Buffer Requirements. Department of Environmental Protection Bureau of Watershed Management

Transcription:

Great Lakes Fruit, Vegetable & Farm Market EXPO Michigan Greenhouse Growers EXPO December 4-6, 2012 DeVos Place Convention Center, Grand Rapids, MI What is Changing with Michigan Wetland Regulations Where: Grand Gallery (main level) Room E & F Moderator: Matt Smego, Legislative Counsel, Public Policy & Commodity Division, MFB 1:00 pm What is Changing with Michigan Wetland Regulations Matt Smego, Legislative Counsel, Public Policy & Commodity Division, MFB 1:50 pm Session Ends

What is Changing with Michigan Wetland Regulations Matt Smego Michigan Farm Bureau

Outline Current wetlands regulation Drivers for Change Legislative Effort MFB Policy Other Considerations Next Steps

Background of Michigan s Wetlands Program 1979: Michigan passed the Goemaere-Anderson Wetlands Protection Act 1984: Michigan received delegated authority from USEPA to administer parts of section 404 of the CWA Michigan is currently 1 of 2 delegated states May 2008 USEPA publishes review of Michigan s delegated authority and outlines a number of deficiencies July 2009, Governor Granholm signs PA 120 that streamlines Michigan s wetlands permitting and identifies temporary funding, but does not address the EPA concerns.

Michigan Law Part 303 Wetlands Part 301 Inland Lakes & Streams Part 325 Great Lakes Submerged Lands

What is a Wetland? In Michigan, Wetland" means land characterized by the presence of water at a frequency and duration sufficient to support, and that under normal circumstances does support, wetland vegetation or aquatic life, and is commonly referred to as a bog, swamp, or marsh, and which is any of the following: (i) Contiguous to the Great Lakes or Lake St. Clair, an inland lake or pond, or a river or stream. (ii) Not contiguous to the Great Lakes, an inland lake or pond, or a river or stream; and more than 5 acres in size. (iii) Not contiguous to the Great Lakes, an inland lake or pond, or a river or stream; and 5 acres or less in size if the department determines that protection of the area is essential to the preservation of the natural resources of the state from pollution, impairment, or destruction and the department has so notified the owner.

Agricultural Exempted Activities Grazing of animals. Farming, horticulture, silviculture, lumbering, and ranching activities Construction or maintenance of farm or stock ponds. Maintenance, operation, or improvement which includes straightening, widening, or deepening of the following which is necessary for the production or harvesting of agricultural products: (i) An existing private agricultural drain. (ii) That portion of a drain legally established pursuant to the drain code of 1956, 1956 PA 40, MCL 280.1 to 280.630, which has been constructed or improved for drainage purposes. (iii) A drain constructed pursuant to other provisions of this part or former 1979 PA 203. (i) Construction or maintenance of farm roads, forest roads Drainage necessary for the production and harvesting of agricultural products if the wetland is owned by a person who is engaged in commercial farming and the land is to be used for the production and harvesting of agricultural products An activity in a wetland that was effectively drained for farming before October 1, 1980 and that on and after October 1, 1980 has continued to be effectively drained as part of an ongoing farming operation is not subject to regulation under this part.

If a permit is required The DEQ must determine the following before a permit can be issued: The permit would be in the public interest. The permit would be otherwise lawful. The permit is necessary to realize the benefits from the activity. No unacceptable disruption to aquatic resources would occur. The proposed activity is wetland dependent or no feasible and prudent alternatives exist.

Drivers for Change 2008 EPA Review of MI section 404 Delegation PA 120 of 2009 Wetland Reforms Wetlands Advisory Council Recommendations Issuance of new MP/GP categories Office of Regulatory Reinvention Reviews Legislative Interest in Streamlining/Reforming Lack of Program Funding Governor Snyder s special message on Energy & Environment (specific focus to retain Michigan s delegated authority over wetland program)

EPA s list of ag related deficiencies EPA has cited concerns with discharges associated with: Broader definition of the Ag Exemptions and wish to restrict farming exemption to ongoing and established. State regulations relating to agricultural drainage associated with bringing a wetland into farming use as long as the wetland is owned by a person engaged in farming Exemption for discharges associated with the improvement (meaning altering the dimensions of an existing drain and straightening its course)of all public drains that were established prior to 1973, as well as all public and private drains that are used for agricultural purposes.

Considerations for Agriculture Application of Existing Exemptions Case Law Interpretations (MI Supreme Court Huggett Decision) Costs to administer program Timeliness of permitting Consistent Standard for Wetland s Regulation (Local/State/Federal) Wetland Jurisdictions (Local/State/Federal) Considerations for Wetland s Dependent Crop Species

HB 5897 of 2012 (H-1) Draft 2 Substitute (Rep. Jim Stamas, R-Midland) require the DEQ to issue the approval or denial of a permit application in writing Excludes ditch from the definition of inland lake or stream exclude from regulation wetlands that are incidentally created by the construction of drains in upland agricultural areas Allow rulemaking authority for enhancement of mitigation banking and mitigation ratios The bill provides the addition of a definition for artificial drain and ditch that explicitly excludes a ditch from wetland regulation. Additionally the bill excludes wetlands created by poor drain maintenance, and by construction of a soil or water conservation practice from wetland regulation.

HB 5897 (H-1) Draft 2 [Continued] would create a tiered general permit for farming activities associated with the planting of obligate or facultative wetland crop species (e.g. blueberries, cranberries, and wild rice) and further language that would develop a blueberry production assistance program administered by MDEQ in cooperation with MDARD. language that would change the definition of wetland to match the federal definition. This would be accomplished by defining contiguous and significant nexus within Michigan law and clarifying the provisions for non-contiguous wetlands. Exempts agricultural conservation practices which prevent erosion and unrestricted access to streams by livestock such as appropriate fencing and constructed livestock crossings from permitting. Cutting vegetation in a wetland does not constitute filling a wetland.

Areas that we have offered input based on MFB policy Fencing for Grazing Cattle Crossings Drain Maintenance (Clarifying that a ditch in and of itself is not a wetland) Established/ Ongoing Farm Operations Prior-Converted Wetlands Definitions of Fill Material to exclude cutting of woody vegetation and stump grinding Wetland Crop Species

MFB Policy #84 Wetland Protection Act Current agricultural exemptions in State law are appropriate and should be maintained. If agricultural exemptions must be changed to meet the Clean Water Act, we support the development of a practice-based permit for common wetlands, lakes and streams activities. The permit should have limited or no review by DEQ.

Considerations: What if the Program Goes Back to USEPA What is the role of local units of government in administrating local wetland ordinances patchwork? State maintains 401 certifications and implement other state level permitting for projects. EPA will narrow exemptions to CWA jurisdiction Permitting timeframes change. 90 days with MDEQ No requirements with USEPA No delay/buffer from implementing federal rule changes

Questions?