Regulatory Program - Michigan

Detroit District is responsible for all regulatory permits in the state of Michigan.

Regulatory boundaries for Michigan

Detroit District is responsible for all regulatory permits in the state of Michigan.

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VIRIN: 240904-F-IQ437-005

What We Do

We help protect wetlands and waterways by reviewing and approving projects that might impact these waters in the state of Michigan. U.S. Army Corps of Engineers and the Michigan Department of Environment, Great Lakes, and Energy (EGLE) use a joint permit application. Applications are reviewed on a first come-first served basis with a target response time of 60 days after an application is submitted. Early coordination makes the process easier for you and will help towards a timely authorization. Pre-application meetings are encouraged, particularly for larger projects.

Authorities

• Section 10 of the Rivers & Harbors Act: All work in, over, or under navigable water requires authorization. View Michigan's navigable waters.
• Section 404 of the Clean Water Act: All discharges of dredged or fill material into waters of the U.S. (generally lakes, rivers, streams, wetlands, etc.) require authorization.

Types of Permits

USACE generally issues either Individual Permits or General Permits.

• 41 Nationwide Permits with Final Regional Conditions in Michigan
• 16 Nationwide Permits and Final Regional Conditions in Michigan
• Regional General Permits for Minor Work, Structures and Discharges of Dredged and Fill Material in Michigan

Tips for a Smooth Process

• Find the Right Office: Regulatory boundaries are drawn by a combination of state, county, and watershed. Pinpoint your project's location with the USACE Regulatory Boundary Map to confirm the correct servicing district.
• Start Early: Contact us during your planning stage BEFORE submitting an application. We can help guide you.
• Pre-Application Meetings: Pre-application meetings are optional, but highly recommended to understand requirements before submitting. Schedule a pre-application meeting.
• Common Mistakes: Double-check your submission to ensure all parts are complete.

Apply for a Michigan Permit

What Happens Next?

• Check Permit Status: If you've applied for a permit, you should have received a file number (e.g., LRE-20XX-0XXXX) and a project manager will contact you. You can also view Detroit District's Pending Permit Actions.
• When Calling the District: Leave a detailed voicemail and expect a response within two business days.

Potential Additional Coordination Requirements

Water Quality Certification (WQC)

An individual WQC will be required for any USACE 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 Michigan General Permit category. If WQC is required, USACE may contact you to initiate the process upon receipt of the Joint Permit Application (JPA).

The final 2023 Clean Water Act Section 401 Water Quality Certification Improvement Rule (2023 Rule) is grounded in the fundamental authority granted by Congress to states, territories, and Tribes to protect water resources that are essential to healthy people and thriving communities.

Endangered Species

We are required to coordinate with the U.S. Fish and Wildlife Service (USFWS) for projects that may affect federally listed threatened or endangered species.

• USFWS Information for Planning and Consultation (IPaC): 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

We must coordinate with the Michigan State Historic Preservation Office for projects that may impact historic properties.

Mitigation Requirements

Applicants must describe how they will avoid, minimize, and compensate for impacts to U.S. waters. Mitigation is typically required for permanent wetland losses over 0.1 acres and will be evaluated on a case-by-case basis.

• Additional information on mitigation
• Detroit District mitigation guidelines  
• Regulatory In-lieu fee and Bank Information Tracking System (RIBITS)

Major projects

• Enbridge Line 5 Tunnel (File No. LRE-2010-00463-56-A19)