[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR233.70]

[Page 305-306]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 233--404 STATE PROGRAM REGULATIONS--Table of Contents
 
                   Subpart H--Approved State Programs
 
Sec. 233.70  Michigan.


    The applicable regulatory program for discharges of dredged or fill 
material into waters of the United States in Michigan that are not 
presently used, or susceptible for use in their natural condition or by 
reasonable improvement as a means to transport interstate or foreign 
commerce shoreward to the ordinary high water mark, including wetlands 
adjacent thereto, except those on Indian lands, is the program 
administered by the Michigan Department of Natural Resources, approved 
by EPA, pursuant to section 404 of the CWA. Notice of this approval was 
published in the Federal Register on October 2, 1984; the effective date 
of this program is October 16, 1984. This program consists of the 
following elements, as submitted to EPA in the State's program 
application.
    (a) Incorporation by reference. The requirements set forth in the 
State statutes and regulations cited in this paragraph are hereby 
incorporated by reference and made a part of the applicable 404 Program 
under the CWA for the State of Michigan. This incorporation by reference 
was approved by the Director of the Federal Register on October 16, 
1984.

[[Page 306]]

    (1) The Great Lakes Submerged Lands Act, MCL 322.701 et seq., 
reprinted in Michigan 1983 Natural Resources Law.
    (2) The Water Resources Commission Act, MCL 323.1 et seq., reprinted 
in Michigan 1983 Natural Resources Law.
    (3) The Goemaere-Anderson Wetland Protection Act, MCL 281.701 et 
seq., reprinted in Michigan 1983 Natural Resources Law.
    (4) The Inland Lakes and Stream Act, MCL 281.951 et seq., reprinted 
in Michigan 1983 Natural Resources Law.
    (5) The Michigan Administrative Procedures Act of 1969, MCL 24-201 
et seq.
    (6) An act concerning the Erection of Dams, MCL 281.131 et seq., 
reprinted in Michigan 1983 Natural Resources Law.
    (7) R 281.811 through R 281.819 inclusive, R 281.821, R 281.823, R 
281.824, R 281.832 through R 281.839 inclusive, and R 281.841 through R 
281.845 inclusive of the Michigan Administrative Code (1979 ed., 1982 
supp.).
    (b) Other Laws. The following statutes and regulations, although not 
incorporated by reference, also are part of the approved State-
administered program:
    (1) Administrative Procedures Act, MCLA 24.201 et seq.
    (2) Freedom of Information Act, MCLA 15.231 et seq.
    (3) Open Meetings Act, MCLA 15.261 et seq.
    (4) Michigan Environmental Protection Act, MCLA 691.1201 et seq.
    (c) Memoranda of Agreement. (1) The Memorandum of Agreement between 
EPA Region V and the Michigan Department of Natural resources, signed by 
the EPA Region V Administrator on December 9, 1983.
    (2) The Memorandum of Agreement between the U.S. Army Corps of 
Engineers and the Michigan Department of Natural Resources, signed by 
the Commander, North Central Division, on March 27, 1984.
    (d) Statement of Legal Authority. (1) ``Attorney General 
Certification section 404/State of Michigan'', signed by Attorney 
General of Michigan, as submitted with the request for approval of ``The 
State of Michigan 404 Program'', October 26, 1983.
    (e) The Program description and any other materials submitted as 
part of the original application or supplements thereto.

(33 U.S.C. 13344, CWA 404)

[49 FR 38948, Oct. 2, 1984. Redesignated at 53 FR 20776, June 6, 1988. 
Redesignated at 58 FR 8183, Feb. 11, 1993]