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A developer wants to fill in a portion of a wetland adjacent to Lake St. Clair in Macomb County, Michigan, to build a parking lot. The developer's agent tells him that local zoning approval is all that is required. Which Michigan-specific regulatory requirement has the agent failed to mention?

Correct Answer

B) The developer must obtain a permit from EGLE under the Michigan Natural Resources and Environmental Protection Act before filling or dredging regulated wetlands

Under the Michigan Natural Resources and Environmental Protection Act (NREPA), Act 451 of 1994, Part 303 (Wetlands Protection) requires that any person who wishes to fill, dredge, or otherwise alter a regulated wetland must first obtain a permit from EGLE (Michigan Department of Environment, Great Lakes, and Energy). Wetlands adjacent to the Great Lakes and other water bodies are typically regulated. Local zoning approval alone is insufficient — the state environmental permit from EGLE is a separate and mandatory requirement.

Answer Options
A
The developer must obtain approval from the Michigan State Housing Development Authority (MSHDA) for any construction near water
B
The developer must obtain a permit from EGLE under the Michigan Natural Resources and Environmental Protection Act before filling or dredging regulated wetlands
C
The developer must record a wetland disclosure statement with the county register of deeds before any site work begins
D
The developer must obtain approval from the Michigan Real Estate Commission before altering any waterfront parcel

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Related Topics & Key Terms

Key Terms:

wetlandsEGLENREPAenvironmental_permitgreat_lakes_adjacent

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