Skip to content
PermitBird

Michigan

SWPPP requirements in Michigan

Michigan issues its own construction general permit. We have read Permit-by-Rule for Storm Water Discharges from Construction Activity, Mich. Admin. Code R 323.2190 (Part 21, under Part 31, Water Resources Protection, of the Natural Resources and Environmental Protection Act, 1994 PA 451) and list below the requirements we could cite to it, with the scope limits stated plainly. Screen your own acreage further down.

Who may prepare the plan

No preparer credential found

No preparer credential was found for Michigan. On what we have verified, a generated plan can be adopted by the operator without a credentialed signature. Local ordinances can still be stricter than state law.

Michigan's gating structure does not map cleanly onto a typical SWPPP-preparer-credential model. State rule places no credential requirement on whoever drafts the SESC plan itself. Credentialing instead attaches to two adjacent roles: the local Part 91 enforcing agency's plan reviewer (who must hold EGLE's Comprehensive SESC Plan Review & Design certification), and the construction-phase site inspector (who must be a CSWO, required for every site 1+ acre, unrelated to the separate 5-acre NOC-filing threshold). No PE stamp requirement was found anywhere in Part 17, Part 21, or the EGLE Permit-by-Rule FAQ. Individual county/municipal enforcing agencies may impose additional local requirements beyond this state floor; that county-level variation was not verified.

VerifiedMich. Admin. Code R 323.1703 (SESC plan preparation, Part 17) and R 323.2190(1)-(2) (Permit-by-Rule, Part 21)Source

Coverage trigger

Worked through at 3 acres

The project disturbs 3 acres, at or above the 1 acre threshold, so it needs permit coverage.

The trigger people miss is the second one. A half acre lot inside a 40 acre subdivision is covered, because the larger common plan of development or sale is what counts, not the lot.

Read these before you act on the answer

  • Requirements below are what we have read and cited directly from Permit-by-Rule for Storm Water Discharges from Construction Activity, Mich. Admin. Code R 323.2190 (Part 21, under Part 31, Water Resources Protection, of the Natural Resources and Environmental Protection Act, 1994 PA 451), not the federal CGP. A category we have not yet transcribed from this permit is omitted here rather than assumed to match EPA's rule.
  • Michigan does NOT issue a single discrete numbered general permit (no 'MIR100000' document was found or verified). The operative mechanism is the 'Permit-by-Rule' at Mich. Admin. Code R 323.2190, contingent on holding a Part 91 Soil Erosion and Sedimentation Control (SESC) permit (R 323.1701-.1714) issued by a county or local enforcing agency. EGLE's 'Guidebook of Best Management Practices' and 'Permit-by-Rule FAQ' pages returned HTTP 403 to automated fetches and were not used. No exact promulgation/effective date for the current text of R 323.2190 could be recovered (only amendment years: 1992, 2003, 2006 AACS), so permit.effectiveDate is left null. No minimum rainfall depth is specified for the post-storm inspection trigger (only 'every precipitation event that results in a discharge'), so rainTriggerInches is left null. No numeric effluent or turbidity benchmarks were found. No MI equivalent was found for federal's increased-frequency-near-sensitive-waters or reduced-frequency-in-arid-areas provisions. Additional/stricter requirements imposed by individual county or municipal Part 91 enforcing agencies (100+ delegated statewide) are out of scope of the state-level rule text fetched here.
  • No preparer credential was found for Michigan. On what we have verified, a generated plan can be adopted by the operator without a credentialed signature. Local ordinances can still be stricter than state law.
  • Basinwise does not perform the physical site inspections the permit requires. Those must be carried out on site by a qualified person.

What the permit requires of a Michigan site

Worked for a three acre site with the receiving water unconfirmed. Each line says why it attached to this site rather than in general. Check the notes above for the site sizes this permit does not cover.

Filing

Plan before Notice of Intent

Michigan's permit-by-rule framework does not use a standalone 'SWPPP' document. Its functional equivalent is the Part 91 Soil Erosion and Sedimentation Control (SESC) plan and permit, which must be obtained before commencing the earth change/construction activity, and a copy of that SESC permit must be included with the NPDES notice of coverage filed under R 323.2190(1)(a)(i), which itself must be filed before initiation of construction activity.

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.
VerifiedR 323.1704(1); R 323.1702(4); R 323.2190(1)(a), (1)(a)(i)Source
Notice of Intent deadline

before the initiation of construction activity

Why this applies here: This is the deadline for a new site. A transfer to a new operator or an emergency related project has a different deadline.

File with the department, on a form approved by the department, notice of coverage pursuant to the provisions of this rule before the initiation of construction activity.
VerifiedR 323.2190(1)(a)Source
Notice of Termination deadline

The construction permittee must file a notice of termination with the department when the authorization to discharge expires (triggers: SESC permit expiration/revocation/termination; project completion via stabilization of earth change activity; or 5 years from the notice date).

The construction permittee shall file a notice of termination with the department, on a form approved by the department, when authorization to discharge expires as set forth in accordance with subdivision (a) of this subrule.
VerifiedR 323.2190(5)(a), (5)(b)Source

Inspections

Inspection frequency, option 1
7

A certified storm water operator must inspect the construction activity once per week, in addition to the separate post-storm inspection trigger, and ensure any needed corrective actions are carried out.

Why this applies here: You have not confirmed whether the site discharges to an impaired or high quality water. If it does, the increased frequency applies instead and this answer changes.

Cause the construction activity to be inspected by a certified storm water operator once per week, and within 24 hours after every precipitation event that results in a discharge from the site, and ensure that any needed corrective actions are carried out.
VerifiedR 323.2190(2)(e)Source
Who may inspect

Certified storm water operator: the soil erosion control measures at the site must be under the specific supervision and control of a storm water operator who has been certified by EGLE (the department) as properly qualified to operate the soil erosion control measures (certification per R 323.1251 et seq.); that certified storm water operator is also the person required to perform the weekly and post-storm inspections under R 323.2190(2)(e), and their name and certification number must be included in the NOI/notice of coverage.

Why this applies here: This is why Basinwise cannot perform your inspections. The permit requires a trained person physically on the site.

Have the soil erosion control measures under the specific supervision and control of a storm water operator who has been certified by the department as properly qualified to operate the soil erosion control measures. The certification shall be done in accordance with the requirements of R 323.1251 et seq.
VerifiedR 323.2190(2)(d), (2)(e), and (1)(a)(vi)Source

Buffers

Natural buffer
500

A Part 91 SESC permit is required before commencing any earth change within 500 feet of the water's edge of a lake or stream, regardless of acreage disturbed, in addition to the separate 1-acre-disturbance trigger.

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.
VerifiedR 323.1704(1)Source

Records you must keep

Corrective action log entries

If, for any reason, the construction permittee does not comply with, or will be unable to comply with, any condition of R 323.2190, the permittee must provide the department, in writing, within 5 days of becoming aware of the noncompliance or inability to comply.

If, for any reason, the construction permittee does not comply with, or will be unable to comply with, any of the conditions that are specified in this rule, the construction permittee shall provide the department with the following information, in writing, within 5 days of becoming aware of the noncompliance or inability to comply.
VerifiedR 323.2190(10), (10)(a), (10)(b)Source
Record retention
3

A log of inspections and corrective actions must be maintained on file by the construction permittee for review, and must be retained for a period of 3 years from the date of the inspection or corrective action.

Why this applies here: The clock runs from permit expiry or termination, not from when the record was written, so on a multi year project every record stays live for the whole project plus three years.

A log of the inspections and corrective actions shall be maintained on file by the construction permittee for review and shall be retained by the construction permittee for a period of 3 years from the date of the inspection or corrective action.
VerifiedR 323.2190(2)(e)Source

Screen a Michigan site now

Your acreage, your receiving water, your answer. Runs in your browser, nothing is transmitted.

Screen your site

Runs in your browser

Total land disturbance over the whole project, including staging and access. This decides whether you need a permit at all.

Optional. If you phase the work, the most that will be disturbed at once. Leave blank if the whole site is open together. The stabilisation deadline turns on this figure, not the total.

A half acre lot inside a 40 acre subdivision is covered even though the lot alone is under the threshold. This is the most commonly missed trigger in the permit.

Receiving water and site conditions(optional, but they change the inspection frequency)

May allow a reduced inspection frequency during the seasonally dry period.

EPA keeps permitting authority in Indian country even inside a state that runs its own programme.

No account, no card, nothing transmitted.

What a plan has to cover, under the federal permit

This is EPA's list, from the 2022 Construction General Permit. It does NOT govern in Michigan, where the state issues its own permit and sets its own contents. It is here as a shape to expect, not as the requirement you will be held to.

General SWPPP requirementPart 7.1Verified
  • All operators associated with a construction site under this permit must develop a SWPPP consistent with Part 7 prior to their submittal of the NOI. The SWPPP must be kept up-to-date throughout coverage under this permit. If a SWPPP was prepared under a previous version of this permit, the operator must review and update it before submitting an NOI.
All Site OperatorsPart 7.2.1Verified
  • Include a list of all other operators who will be engaged in construction activities at the site, and the areas of the site over which each operator has control.
Stormwater TeamPart 7.2.2Verified
  • Identify the personnel (by name and position) on the stormwater team pursuant to Part 6.1, their individual responsibilities, and which members are responsible for conducting inspections. Include verification that each member has received the Part 6.2 training, and documentation that inspection personnel have received the Part 6.3 training (EPA inspector training certificates, or documentation of a current non-EPA program certification plus confirmation the program satisfies the Part 6.3b minimum elements).
Nature of Construction ActivitiesParts 7.2.3a - 7.2.3iVerified
  • A description of the nature of your construction activities, including the age or dates of past renovations for structures undergoing demolition
  • The size of the property (in acres, or length in miles if a linear construction site)
  • The total area expected to be disturbed by the construction activities (to the nearest quarter acre, or nearest quarter mile if a linear construction site)
  • A description of any on-site and off-site construction support activity areas covered by this permit
  • The maximum area expected to be disturbed at any one time, including on-site and off-site construction support activity areas
  • A description and projected schedule for: commencement of construction activities in each portion of the site (clearing and grubbing, mass grading, demolition, site preparation, final grading, and creation of soil and vegetation stockpiles requiring stabilization); temporary or permanent cessation of construction activities in each portion; temporary or final stabilization of exposed areas for each portion; and removal of temporary stormwater controls and construction equipment or vehicles and cessation of construction-related pollutant-generating activities
  • A list and description of all pollutant-generating activities on the site, with an inventory of pollutants or pollutant constituents associated with each, taking into account where potential spills and leaks could occur and any known hazardous or toxic substances such as PCBs and asbestos that will be disturbed or removed
  • Business days and hours for the project
  • If conducting construction activities in response to a public emergency, a description of the cause of the emergency, information substantiating its occurrence (e.g. a State disaster declaration), and a description of the construction necessary to reestablish affected public services
Site MapParts 7.2.4a - 7.2.4kVerified
  • Boundaries of the property
  • Locations where construction activities will occur, including: locations of earth-disturbing activities (noting any phasing) including demolition; approximate slopes before and after major grading (noting any steep slopes); locations where sediment, soil or other construction materials will be stockpiled; any receiving water crossings; designated points where vehicles will exit onto paved roads; locations of structures and other impervious surfaces upon completion; and locations of on-site and off-site construction support activity areas
  • Locations of any receiving waters within the site and all receiving waters within one mile downstream of the site's discharge point(s), identifying whether any are listed as impaired or identified as a Tier 2, Tier 2.5 or Tier 3 water
  • Any areas of Federally listed critical habitat within the action area of the site
  • Type and extent of pre-construction cover on the site (e.g. vegetative cover, forest, pasture, pavement, structures)
  • Drainage patterns of stormwater and authorized non-stormwater before and after major grading activities
  • Stormwater and authorized non-stormwater discharge locations, including discharges to storm drain inlets (noting whether the inlet conveys stormwater to a sediment basin, sediment trap or similarly effective control), discharges directly to receiving waters, and locations where turbidity benchmark monitoring will take place
  • Locations of all potential pollutant-generating activities identified in Part 7.2.3g
  • Designated areas where construction wastes covered by the Part 2.3.3e.ii exception will be stored
  • Locations of stormwater controls, including natural buffer areas and any shared controls utilized to comply with this permit
  • Locations where polymers, flocculants or other treatment chemicals will be used and stored
Non-Stormwater DischargesPart 7.2.5Verified
  • Identify all authorized non-stormwater discharges in Part 1.2.2 that will or may occur.
Procedures for Inspection, Maintenance, and Corrective ActionParts 7.2.7a - 7.2.7eVerified
  • The inspection schedule you will follow, based on whether your site is subject to Part 4.2 or Part 4.3, or whether it qualifies for any of the reduced inspection frequencies in Part 4.4
  • If conducting inspections under Part 4.2.2, Part 4.3 or Part 4.4.1b, the location of the rain gauge or the address of the weather station you will use to obtain rainfall data
  • If reducing your inspection frequency in accordance with Part 4.4.1b, the beginning and ending dates of the seasonally defined arid period for your area or the valid period of drought
  • If reducing your inspection frequency in accordance with Part 4.4.3, the beginning and ending dates of frozen conditions on your site
  • Any maintenance or inspection checklists or other forms that will be used
Procedures for Turbidity Benchmark Monitoring from Dewatering Discharges (if applicable)Part 7.2.8Verified
  • If required to comply with the Part 3.3 turbidity benchmark monitoring requirements, describe the procedures you will follow to collect and evaluate samples, report results to EPA, keep records of monitoring information, and take corrective action when necessary. Include the specific type of turbidity meter you will use and any manuals or manufacturer instructions on how to operate and calibrate it. Describe any coordinating arrangement with other permitted operators on the same site, including which parties are tasked with specific responsibilities. If EPA has approved an alternate turbidity benchmark, include the data and documentation relied on to request it.
Compliance with Other RequirementsParts 7.2.9a - 7.2.9cVerified
  • Threatened and Endangered Species Protection: include the documentation required in the Endangered Species Protection section of the NOI in NeT, or the ESA worksheet in Appendix D, supporting your eligibility
  • Historic Properties: include the documentation required in Appendix E supporting your eligibility with regard to the protection of historic properties
  • Safe Drinking Water Act Underground Injection Control (UIC) requirements: if using infiltration trenches, commercially manufactured pre-cast or pre-built proprietary subsurface detention vaults/chambers/devices designed to capture and infiltrate stormwater, or drywells, seepage pits or improved sinkholes, document any contact with the applicable State agency or EPA Regional Office responsible for underground injection wells. Such controls would generally be considered Class V UIC wells
SWPPP CertificationPart 7.2.10Verified
  • Your signatory must sign and date your SWPPP in accordance with Appendix G, Part G.11.
Post-Authorization Additions to the SWPPPParts 7.2.11a - 7.2.11cVerified
  • A copy of your NOI submitted to EPA along with any correspondence exchanged between you and EPA related to coverage under this permit
  • A copy of the acknowledgment letter you receive from NeT assigning your NPDES ID (i.e. permit tracking number)
  • A copy of this permit (an electronic copy easily available to the stormwater team is also acceptable)

Read the permit itself at the source document.

What people ask about SWPPP requirements in Michigan

What are the SWPPP requirements in Michigan?

Michigan issues its own construction general permit, and we have read Permit-by-Rule for Storm Water Discharges from Construction Activity, Mich. Admin. Code R 323.2190 (Part 21, under Part 31, Water Resources Protection, of the Natural Resources and Environmental Protection Act, 1994 PA 451). The requirements listed on this page, such as inspection frequency, who may inspect, stabilisation, corrective action and record retention, are cited to that permit rather than to EPA's. Anything we have not transcribed is left out instead of assumed to match the federal rule, and the scope note on this page says which sites the permit does not cover. Confirm the current permit and any site-size variant with Michigan Department of Environment, Great Lakes, and Energy (EGLE), Water Resources Division.

Who may prepare a SWPPP in Michigan?

No preparer credential was found for Michigan. On what we have verified, a generated plan can be adopted by the operator without a credentialed signature. Local ordinances can still be stricter than state law.

How often must a Michigan site be inspected?

The inspection frequency is set by the Michigan construction general permit, which we have not read. Confirm it with Michigan Department of Environment, Great Lakes, and Energy (EGLE), Water Resources Division.

Who may prepare a stormwater plan in Michigan

The permit makes you keep the record, not just know the answer

Screening is free. Pro generates the site specific plan document and retains the inspection and corrective action log.

See pricingAll states