What are the Benefits of Keeping the State Wetland Protections-
Increased program efficiency- The state program can reduce the need for duplicative state and federal permits. This can eliminate potentially conflicting permit decisions.
Improved resource protection- The state program regulates 95.1% of Michigan’s wetlands. The state program also covers activities not currently regulated by the federal Section 404 of the CWA, such as wetland excavation, dredging, and some drainage activities.
Increased timeliness for applicants- State permits are often more timely than federal permits. In Michigan, completed permit applications typically require action within 90 days (150 days if there is a hearing). Conveniently, the average permit processing time is less than approximately 60 days.
Improved resource management- In the Michigan experience, the state agency is often more familiar with local resources and the regulated community. The state program typically offers more staff at local offices, capable or providing more thorough, on-site reviews for almost all permit applications. This provides the opportunity to work directly with permit applicants to reduce adverse impacts to the resources.
Integration of wetland management with other state water resource programs- The state wetland program encourages integration of related land and water management programs. Issues such as floodplain management, storm water management, local or regional zoning, or land use plans are more likely to be fully integrated into the permit review process.
What are the Costs of repealing the state wetlands protections-
Duplication of effort and resources- Applicants seeking wetland permits will be required to obtain multiple permits from multiple agencies, increasing time and costs.
Loss of wetland protection- Sending the program back to the federal government could result in many wetlands not being regulated. Due to Supreme Court cases and administrative federal action over the past few years, at a minimum, approximately 17% of our wetlands (930,856 acres) are not clearly regulated by the federal government.
Delays on Economic development projects- The U.S. Army Corps of Engineers is experiencing considerable time delays on permit reviews, due to backlog and jurisdictional confusion. Some permit applications are taking 600-700 days to review.
Potential job loss- In addition to “green” jobs lost by MDEQ employees, other jobs will be lost from delayed or missed business development opportunities due to a lengthy and burdensome federal permit process.
State expenditures for replacement costs- Michigan will need to develop/expand a 401 certification program required by federal law that was previously incorporated into the state 404 review processes. This will require additional staff and monetary resources for the state.
Potential loss of wetland preservation- The MDEQ has approximately 20,445 acres of wetlands held in conservation easements. With this proposed change, the MDEQ may not be able to ensure permanent preservation of these wetlands, or wetlands in pending mitigation and enforcement cases.
Michigan’s Natural Resources Public Trust Provision-
Article IV, Subsection 52 Natural resources; conservation, pollution, impairment, destruction.
Section 52. The conservation and development of the natural resources of the state are hereby declared to be of paramount public concern in the interest of the health, safety and general welfare of the people. The legislature shall provide for the protection of the air, water and other natural resources of the state from pollution, impairment and destruction.