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Alert: Michigan’s Section 404 Wetland Program

Lake Michigan Beach and Dune GrassOn December 11, 2013, Region 5 of the U.S. EPA held a hearing on Michigan’s Section 404 Wetland Permitting Program.  Interested parties still have time to submit written comments to the U.S. EPA regarding its review of Michigan’s Program.

Michigan’s Section 404 Wetland Program is one of only two wetland permitting programs approved by the EPA under Section 404 of the Clean Water Act.  Michigan originally sought to implement its own program to speed up the permitting process and have greater local control given Michigan’s unique water resources.  If EPA revokes its approval, the permitting process would revert to the U.S. Corps of Engineers and, based on our experience in other states, the processing time for permit applications would likely increase dramatically.

Those who are interested in submitting comments have until December 18, 2013.  Comments can be submitted by going to the Regulations.gov website.

About Brian J. Considine

Brian J. Considine is a Senior Attorney with Dawda, Mann, Mulcahy & Sadler, PLC. He concentrates his practice in the areas of corporate environmental counseling, commercial real estate due diligence and environmental/toxics litigation. His practice also includes counseling clients on Federal Motor Vehicle Safety Standards.

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