Regulatory Program - Michigan

EGLE/USACE Joint Permit Application

EGLE/USACE Joint Permit Application Instructions

EGLE/USACE Joint Permit Application Printable Copy (PDF) (Use for Projects that DO NOT require an EGLE permit)

USACE Short Application for Minor Shoreline Work (PDF)

Section 401 of the Clean Water Act (Water Quality Certification [WQC): An individual WQC will be required for any Corps of Engineers Individual Section 404 Permit involving the discharge of fill material. For activities that may be authorized by a Nationwide Permit (NWP) or Regional General Permit (RGP), please review the individual WQC requirements included in each General Permit category (found below in the Michigan General Permits dropdown). When an individual WQC is required, the process is typically initiated by the Corps of Engineers upon receipt of the Joint Permit Application (JPA). You will be contacted if additional information is required to complete the WQC. 

On September 27, 2023, The U.S. Environmental Protection Agency (EPA) published the “Clean Water Act Section 401 Certification Improvement Rule” (2023 Rule). A copy of the Federal Register notice is available at https://www.epa.gov/cwa-401. The 2023 Rule became effective on November 27, 2023.

Endangered Species:  The Corps is required to coordinate with the U.S. Fish and Wildlife Services (USFWS) for any proposed project (all permit types) that may affect a federally listed threatened or endangered species. Below is a list of some, but not all, of the federally listed species that commonly exist within project areas in Michigan (click here for information on specific species):

• Indiana & Northern Long Eared Bats
• Piping Plover​ (including critical habitat)
• Freshwater Mussels
  • Clubshell
  • Northern Riffleshell
  • Rayed Bean
  • Snuffbox
• Eastern Massasauga
• Dwarf Lake Iris
• Houghton’s Goldenrod
• Michigan Monkeyflower
• Pitcher’s Thistle
• Hine’s Emerald Dragonfly

Other Resources:

• USFWS IPaC – Information for Planning and Consultation (IPaC) is a project planning tool that streamlines the USFWS environmental review process.
  • Detailed IPaC Instructions for Michigan
• USFWS Michigan Freshwater Mussel Survey Protocols and Relocation Procedures for Rivers and Streams
• Michigan Natural Features Inventory

Historic Properties: The Corps of Engineers is required to coordinate with the Michigan State Historic Preservation Office (SHPO) regarding potential impacts to any historic properties that may exist within a proposed project area.

Mitigating the environmental impacts of development actions on the Nation's wetlands and other aquatic resources is a central premise of Federal wetlands programs. The Clean Water Act (CWA) Section 404 permit program relies on the use of compensatory mitigation to offset unavoidable damage to wetlands and other aquatic resources through, for example, the restoration or creation of wetlands. Mitigation for wetland impacts may take place on-site, off-site, in mitigation banks, or be funded by in-lieu fees. Mitigation may include creation, enhancement or restoration of wetlands and their functions or, in some cases, may include preservation of wetlands and associated upland buffers.

Permit applicants are required to describe how they will avoid, minimize, and compensate for impacts to waters of the United States.  Unavoidable impacts may require compensatory mitigation to help offset the loss of functions and services.  Typically, compensatory mitigation will be required for permanent jurisdictional wetland losses greater than 0.1 acre.  Compensatory mitigation for jurisdictional stream or other aquatic resource impacts will be determined on a case-by-case basis.

Other Resources:

• Detroit District Mitigation Guidelines  
• Regulatory In-lieu fee and Bank Information Tracking System (RIBITS)

41 Nationwide Permits (NWP) with Michigan Regional Conditions (Issued on February 25, 2022; Expires on March 14, 2026)

16 Nationwide Permits (NWP) with Michigan Regional Conditions (Issued on March 15, 2021; Expires on March 14, 2026)

Michigan Regional General Permits (RGP) (Issued on July 1, 2022; Expires on July 1, 2027)

Please visit the project website at https://www.line5tunneleis.com for project information and updates.

Detroit District Navigable Waterways List

Request to Subscribe to Detroit District Public Notices

Detroit District Pending Permit Actions (May 31, 2024)