Great Lakes Shoreline Management
During low water periods, nearshore areas of the Great Lakes that are typically under water are exposed. These exposed bottomlands naturally become vegetated and form coastal wetlands. This natural increase in vegetation growth during low water periods is vital to the overall health of the Great Lakes ecosystem. Coastal wetlands provide a range of important functions including critical habitat for fish and wildlife, erosion control, water quality protection, and a myriad of recreational opportunities. Coastal wetland systems support diverse assemblages of invertebrates, fish, reptiles, amphibians, birds, and mammals. In particular, over 90% of the roughly 200 fish species that occur in the Great Lakes are dependent upon coastal wetlands for some part of their life cycle.
What is the New Law?
Effective July 2, 2012, the Michigan Legislature passed PA-247 which exempts limited shoreline management activities along the Great Lakes from Part 303, Wetlands Protection and Part 325, Great Lakes Submerged Lands. The U.S. Army Corps of Engineers still requires a permit for these activities. Specifically, the following activities are allowed in the area of Great Lakes bottomlands lying below the ordinary high-water mark (OHWM) and above the water's edge without a permit, subject to other laws of this state.
The new law applies to sandy beaches – not wetlands. Beaches are defined as: An area of unconsolidated material predominantly composed of sand, rock or pebbles; an area where under normal circumstances, vegetation is non-existent, very sparse, or consists predominantly of plant species not typically adapted to wetland conditions. For beaches that fall under this definition, the following applies (Wetlands still require permits):
What Activities Still Require Permits?
Federal:
State:
What Is The Ordinary High Water Mark (OHWM)?
The OHWM is a line defining the boundary between upland and bottomland. The line is established by using marks on the shoreline where the long-term presence of water leaves a distinct impression indicated by different soil types, surface configuration, or vegetation. The line persists through changes in water levels and may be above the current water level.
What Is A Wetland?
Wetlands are unique and varied ecosystems that are too wet to be considered upland, and too dry to be considered "deep water" habitats. Although each wetland is unique, wetlands are typically differentiated from upland areas by three common characteristics:
These three characteristics serve as the scientific and regulatory basis for identifying and delineating wetlands.
Effective July 2, 2012, the Michigan Legislature passed PA-247 which exempts limited shoreline management activities along the Great Lakes from Part 303, Wetlands Protection and Part 325, Great Lakes Submerged Lands. The U.S. Army Corps of Engineers still requires a permit for these activities. Specifically, the following activities are allowed in the area of Great Lakes bottomlands lying below the ordinary high-water mark (OHWM) and above the water's edge without a permit, subject to other laws of this state.
The new law applies to sandy beaches – not wetlands. Beaches are defined as: An area of unconsolidated material predominantly composed of sand, rock or pebbles; an area where under normal circumstances, vegetation is non-existent, very sparse, or consists predominantly of plant species not typically adapted to wetland conditions. For beaches that fall under this definition, the following applies (Wetlands still require permits):
- Leveling of sand, which is the relocation of sand including the redistribution, grading, and spreading of sand that has been deposited through wind or wave action onto upland riparian property. Alteration of the natural lakeshore contours, including excavation of basins, formation of new upland areas, and relocation of the natural shoreline location, is not exempt.
- Removal of vegetation, which is hand-pulling or shallow tilling of very sparsely vegetated areas. Alteration of the natural lakeshore contours, including excavation of basins, formation of new upland areas, and relocation of the natural shoreline location, is not exempt.
- Grooming of sand or pebbles which is the removal of debris by raking or dragging, pushing, or pulling metal teeth without disturbance of or destruction to plant roots. Debris is animal or fish carcasses, zebra mussel shells, dead vegetation, trash, and discarded materials of human made origin. All collected debris shall be disposed of properly outside of any wetland.
What Activities Still Require Permits?
Federal:
- Shoreline Management Activities still require a permit from the U.S. Army Corps of Engineers. The Corps retains jurisdiction over areas of exposed bottomlands of the Great Lakes and will continue to regulate sand leveling and grooming of sand and/or vegetated areas between the federal Ordinary High Water Mark and the water’s edge on the Great Lakes and their connected waters. Click here for a list of the waters regulated.
- Activities that impact federally threatened or endangered species (Permits are required from the US Fish and Wildlife Service)
State:
- Shoreline management activities, including leveling and grooming, in wetlands
- Removal of wetland vegetation (Removal of vegetation requires an individual public noticed permit application, for a fee of $500)
- Removal of Phragmites
- Shoreline management activities below the water’s edge
- All activities regularly regulated under Michigan’s Wetland Protection Act including dredging, filling, or creating structures
- Activities in Environmental Areas
- Activities in Critical Dunes
- Activities that impact state threatened or endangered species (Permits are required from the Michigan Department of Natural Resources)
- Use of Chemicals for Aquatic Nuisance Species, including Phragmites (Permits are required from the Michigan DEQ’s Aquatic Nuisance Control (ANC) program)
What Is The Ordinary High Water Mark (OHWM)?
The OHWM is a line defining the boundary between upland and bottomland. The line is established by using marks on the shoreline where the long-term presence of water leaves a distinct impression indicated by different soil types, surface configuration, or vegetation. The line persists through changes in water levels and may be above the current water level.
What Is A Wetland?
Wetlands are unique and varied ecosystems that are too wet to be considered upland, and too dry to be considered "deep water" habitats. Although each wetland is unique, wetlands are typically differentiated from upland areas by three common characteristics:
- The presence of water at or near the land surface for a frequency and duration long enough to exert a controlling influence on the type of vegetation that can grow there (wetland hydrology)
- The presence of plants adapted to living in saturated soil conditions (hydrophytic vegetation)
- The presence of distinctive soil types which develop under saturated conditions (hydric soils).
These three characteristics serve as the scientific and regulatory basis for identifying and delineating wetlands.
What Are The Negative Impacts of Shoreline Management Activities?
Shoreline management activities such as mowing, grooming leveling, and removing vegetation which will have significant impacts upon the health of coastal wetlands and the Great Lakes. Specifically, scientific research shows shoreline management activities result in the following:
To protect the health of our coastal wetlands and Great Lakes, it is best to allow shoreline vegetation to remain untouched. Before engaging in shoreline management activities, recognize the substantial and long-lasting adverse impact these activities may have upon your property and the health of the Great Lakes.
Click here to learn more about how to identify invasive Phragmites and what to do with Phragmites on your shoreline.
Shoreline management activities such as mowing, grooming leveling, and removing vegetation which will have significant impacts upon the health of coastal wetlands and the Great Lakes. Specifically, scientific research shows shoreline management activities result in the following:
- Clearing vegetation through a coastal marsh changes the chemical and physical conditions of nearshore waters.
- These changes reduce or eliminate habitat for larval (young, immature) forms of important game fish including yellow perch, smallmouth bass, and largemouth bass. As well, significantly lower numbers of adult fish, and fewer species of fish, were found adjacent to “groomed” beaches.
- Numbers of invertebrate animals (insects, snails, and other small organisms) upon which fish depend for food were greatly reduced by vegetation removal and beach grooming.
- The negative effects of plant removal extend up to150 feet on each side of a beach that has been “groomed.” Thus, impacts of vegetation removal are more extensive than is immediately apparent, and can extend in front of neighboring properties.
- After the removal of beds of bulrushes, the roots that normally hold sand in place rapidly break down, thus reducing the capacity for the vegetation to regenerate.
- Rapidly growing invasive plants, such as Phragmites, that do not have the same ecological values are the first to colonize areas where native shoreline vegetation has been removed.
To protect the health of our coastal wetlands and Great Lakes, it is best to allow shoreline vegetation to remain untouched. Before engaging in shoreline management activities, recognize the substantial and long-lasting adverse impact these activities may have upon your property and the health of the Great Lakes.
Click here to learn more about how to identify invasive Phragmites and what to do with Phragmites on your shoreline.
Who To Contact For Permit Information?
U.S. Army Corps of Engineers
Regulatory Staff: (313) 226-2218
www.lre.usace.army.mil/Missions/RegulatoryProgramandPermits.aspx
U.S. Fish and Wildlife Service
Region (3): IA, IL, IN,MI, MN, MO, OH, WI
Endangered Species Permit Office: (612) 713-5343
http://www.fws.gov/midwest/Endangered/
email: [email protected]
Michigan Department of Environmental Quality
Water Resources Division: (517) 373-1170
www.michigan.gov/jointpermit
Michigan Department of Environmental Quality
Aquatic Nuisance Control: (517)241-1554.
http://www.michigan.gov/deq/0,4561,7-135-3313_3681_3710---,00.html
Michigan Department of Natural Resources
Wildlife Division: (517) 373-1263
http://michigan.gov/dnr/0,4570,7-153-10370_12141_12168---,00.html
For more information:
U.S. Army Corps of Engineers
Regulatory Staff: (313) 226-2218
www.lre.usace.army.mil/Missions/RegulatoryProgramandPermits.aspx
U.S. Fish and Wildlife Service
Region (3): IA, IL, IN,MI, MN, MO, OH, WI
Endangered Species Permit Office: (612) 713-5343
http://www.fws.gov/midwest/Endangered/
email: [email protected]
Michigan Department of Environmental Quality
Water Resources Division: (517) 373-1170
www.michigan.gov/jointpermit
Michigan Department of Environmental Quality
Aquatic Nuisance Control: (517)241-1554.
http://www.michigan.gov/deq/0,4561,7-135-3313_3681_3710---,00.html
Michigan Department of Natural Resources
Wildlife Division: (517) 373-1263
http://michigan.gov/dnr/0,4570,7-153-10370_12141_12168---,00.html
For more information:
