An aerial view of Lake Cumberland

Regulatory

Regulatory Program - Michigan

Published Jan. 17, 2024
Updated: Feb. 1, 2024
The U.S. Army Corps of Engineers and the Michigan Department of Environment, Great Lakes and Energy use a joint permit application. Applications are reviewed on a first come-first served basis. Our target response time for most small projects is 60 days from when we receive a complete application. Larger projects are likely to require a longer review.

Early coordination makes the process easier for you. By contacting the U.S. Army Corps of Engineers early in your planning, we can help guide you, understand your project’s needs and identify potential challenges. This will help us to work towards the appropriate authorization in a timely manner. Pre-application meetings are encouraged, particularly for larger projects.

Please reach out to our staff with any questions about the process.

Phone: 1-800-493-6838, 313-226-2218

Fax: 313-226-6763

Email: Regadmin.LRE_RegAdmin@usace.army.mil

Find the office nearest you

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:

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:

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.

Find the office nearest you


Contact a District Regulatory Office

Buffalo District
716-879-4330
Chicago District
312-846-5530
Detroit District
313-226-6413
Louisville District
502-315-6733
Huntington District: Energy Resources (West VIrginia and Ohio)
304-399-5610
Huntington District: Regulatory/Permits (Ohio)
304-399-5210
Huntington District: South/Transportation Branch (West Virginia and Ohio)
304-399-5710
Nashville District
615-369-7500
Pittsburgh District
412-395-7155

Regulatory Request System

The purpose of this system is to accept electronic submittals of information, Department of the Army permit applications, requests for jurisdictional determinations, and comments on projects from the regulated public and resource agencies in one portal. Applicants or agents can also check on the status of their requests.

Visit the Regulatory Request System

Approved Jurisdictional Determinations and Permit Decisions

A jurisdictional determination is a decision by the Army Corps of Engineers as to whether areas on your property are regulated under federal statutes. A federally-regulated wetland, lake, pond or stream is called a "waters of the U.S."

Individual Approved Jurisdictional Determinations are now available (August 2015 - present) on the National Permitting and Jurisdiction Database.  Please Select the "AJD" tab on the top of the page, and then "LRD-Great Lakes and Ohio River Division" heading in the drop-down menu.

If you are unable to find a digital copy of an Approved Jurisdictional Determination in the Permitting Database, please contact the appropriate regulatory office below.

Chick Lock

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