A wetland, really? Here? But I want to build here.
It can be a shock when you find the perfect property to develop, only to discover there might be a wetland present. Point Blue has created answers to some of the most common questions we receive from clients related to a wetland.
What exactly is a wetland? A wetland is a transitional area where the land and water meet. They may occur when water is slightly above or below the land’s surface. Land does not have to be wet all of the time to be defined as a wetland. In some cases, it may not be obvious that a wetland exists; however, the presence of water can trigger a number of physical, chemical, and biological characteristics indicative of a wetland. Some are subtle and some have been altered by environmental or human intervention. Wetland characteristics are used to identify and locate wetlands. Michigan law prohibits depositing/placing fill materials; dredging or removing soil or minerals; maintaining any use or development; or draining surface water in a wetland without a permit.
How do I know if I have a wetland on my property? Wetlands are not recorded on deeds; they aren't found on a land survey (surveyors do not determine wetlands); and please don't rely on the State Wetland Mapper (State of Michigan) or National Wetlands Inventory (US Fish & Wildlife Service). Wetland Inventory maps show the general location of wetlands and cannot accurately define the location and boundaries of wetland parcels. The best way to determine if a wetland is on your property is through a wetland investigation.
Why do I need a wetland investigation? Wetland investigations generally are project dependent. You will need a qualified wetland consultant or have the site assessed through the State of Michigan’s Wetland Identification Program (WIP). Scheduling a WIP can be time limiting and is generally restricted to mid-April through early-November at an expense. Wetland delineations require an on-site analysis of vegetation, soils, and hydrology during the growing season. Buyer pro tip: plan ahead and broaden your due diligence period for property purchases.
What if my property is five acres or less? Either a consultant can conduct an assessment/delineation or the Michigan Department of Environment, Great Lakes, and Energy (EGLE) will perform a WIP and wetland delineation on land up to five acres in size. Getting an EGLE WIP scheduled can take several months. You can apply on-line via MiWaters. Requests for a WIP are placed using the self-directed application guide established by the State of Michigan. This is lengthy digital application that requires maps, parcel boundaries, dimensioning, labeled roads, lakes, streams, other landmarks, labeled distances and landowner authorization. Have I lost you yet? You will need to set-up an account at log-in. Do what? An account? While applications are accepted year-round, a late fall-winter request will be held over until the onset of the spring growing season after applying on-line.
What if my property is more than five acres? For properties over five acres, or if requested by EGLE, you will need a wetland consultant to perform a wetland delineation. Point Blue biologists have been conducting wetland delineations for over 10 years and can assist you through the process.
What if the site is already disturbed? If relatively recent artificial disturbances do not allow for a routine completion of a WIP, the field assessment will not be completed by EGLE. One or more of the following could happen: a consultant could be asked to complete an updated delineation with data forms; a request is made to leave the site intact for one growing season could be made; the submittal of additional fees; or in some situations, a WIP request may not be possible.
Is this wetland Regulated or not? EGLE staff can make a jurisdictional determination. A juris-diction-al what? EGLE or the US Army Corps of Engineers (USACE), can determine whether a wetland is regulated. So, some wetlands are not regulated? Correct! Does that mean I can fill them and build without a permit? Maybe.
We can help you navigate the muddy waters. Point Blue is proficient in wetland investigations, assessments, and wetland delineations. Connect with us to learn more about how we can help you navigate your wetland project. Point Blue focuses on helping clients reduce their environmental risks while protecting our natural resources for a more sustainable future.