Contact the Building Department Phone: 989-837-3383 Email: firstname.lastname@example.org
Soil Erosion and Sedimentation Control (SESC) Permit Process and Plans
Soil erosion and sediment control is important to sustaining our lakes and
streams. Erosion and sedimentation can result in loss of fertile topsoil,
filling of lakes and streams, increased flooding, damage to plant and animal
life, and structural damage to buildings and roads.
Construction is a major cause of erosion in Michigan. Without proper
planning and management, more than 100 tons of sediment per acre of land per
year can be generated on some construction sites.
To help control and minimize soil erosion and sediment deposits into the
waters of Michigan, the City of Midland Planning and Community Development
Department enforces Part 91, Soil Erosion and Sedimentation Control (SESC), of
the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended
or as may be amended in the future, (Part 91), on construction projects
undertaken within the city limits.
When a SESC Plan and Permit is Required
A Soil Erosion and Sedimentation Control (SESC) plan and permit application
must be prepared for any earth change that disturbs an area of one (1) or more
that is within 500 feet of a lake or stream.
There are exceptions to this requirement:
Activities involving plowing and tilling for crop production and some
logging and mining activities are exempted.
However, access roads to the logging and mining sites and ancillary
activities associated with logging and mining operations are not exempt.
In addition, the removal of clay, gravel, sand, peat, or topsoil is
not considered "mining" and therefore requires a permit.
An SESC permit is required before any work begins on projects that result in
earth changes as described above.
Click on the link below to access an online, interactive form that can be
filled out at your computer. After filling out the form completely, print it
out, have the land owner and designated agent for the site sign and date it, and
return it to the City of Midland Building Department along with two copies of
the SESC plan and a non-refundable fee of $10 per acre of the site.
If an earth change activity covered under Part 91 and this article commences
without the proper permit, the fees will be doubled.
The SESC plan must include the following:
A map or maps drawn to scale. A map must
include a legal description and site location sketch that includes the
proximity of any proposed earth change to lakes or streams, or both;
predominant land features; and contour intervals or slope description.
A soils survey or written description of the soil types of the exposed
land area contemplated for the earth change.
Details for proposed earth changes including:
Description and location of the physical limits of each proposed earth
Description and location of all existing and proposed on-site drainage and
The timing and sequence of each proposed earth change.
A description and the location of all proposed temporary soil erosion
The location and description for installing and removing all proposed
permanent soil erosion and sediment control measures.
A program proposal for the continued maintenance of all permanent soil
erosion and sediment control measures that remain after the project is
completed, including the designation of the person responsible for the
maintenance. Maintenance responsibilities shall become a part of any sales or
exchange agreement for the land on which the permanent soil erosion control
measures are located.
Other information as required by the City's Building Department.
SESC plans along with the SESC permit application will be reviewed by the SESC administrator or his designee to ensure that plans are in compliance
with the requirements of Part 91.
The SESC administrator, designated by the City of Midland chief building inspector, may access (at all reasonable times) any site where
an "earth change" is in progress in order to determine whether the conditions
called for in the permit are being met.
Violations of Part 91 or a violation of a permit of an approved soil erosion
and sedimentation control plan, the SESC administrator will contact the
"on-site" responsible person, contractor or land owner in person or by telephone
and inform them of the violations, and give them 1-2 days to comply, depending
on the violation. Or, the SESC administrator may issue a civil infraction, cease
and desist*, and or/stop work** order using procedure as
provided in chapter 34 of the City's Code of Ordinances and Part 91 of the State
law to the land owner,
contractor or on-site responsible person.
*A cease and desist order is a directive to discontinue or cease doing
something that has resulted in a SESC violation such as stopping earth work that
resulted in a discharge of sediment or stopping earth work until a permit has
**A stop work order directs all work on the site to be halted until
violations are corrected. Once violations are corrected, the SESC administrator
will lift the cease and desist or stop work order.
The SESC administrator may also seek remedies in court, as allowed through
the Natural Resources and Environmental Protection Act. (PA 451 of 1994 as may
Violations of an approved permit and/or Part 91 of PA 451 may result in:
civil fines of up to $25,000 for each day of the violation;
the installation/maintenance of control measures to bring the site into
compliance with the law; and/or
restoration of all areas affected by the violation.
In addition, if a violation of Part 91 is observed in a situation where no
SESC permit was required because the earth change was less than one (1) acre or
farther than five hundred feet from a lake or stream, the SESC administrator
may require and issue a SESC permit on these projects.
Determinations by the SESC administrator may be appealed following the
procedure provided in Section 5-26 of the City's
Code of Ordinances.
Find Out More
For more information about soil erosion and sedimentation control, review
the following Michigan Department of Environmental Quality (MDEQ) Frequently
Asked Questions document:
You may also call (989-837-3383) or stop by the City's Building Department
at Midland City Hall with any questions you may have.