[Code of Federal Regulations]

[Title 40, Volume 24]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR233.70]



[Page 309-310]

 

                   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.

    (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:



[[Page 310]]



    (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]