Soil and Sediment Control Permit Bond - Eaton County, MI in Michigan

Brief Summary

Eaton County does not use a flat bond figure for soil erosion permits. Michigan law lets the Drain Commissioner require security in whatever amount it takes to install and finish the erosion controls your plan calls for, and you choose whether that is cash, a certified check, a bank letter of credit or a surety bond. A surety bond keeps that money in your project instead of sitting with the county clerk.

The Eaton County Drain Commissioner, acting as County Enforcing Agency under Part 91 of Michigan's Natural Resources and Environmental Protection Act, issues soil erosion and sedimentation control permits for earth changes that disturb one or more acres or that sit within 500 feet of a lake, stream or wetland. MCL 324.9108 lets the agency require a deposit or surety bond large enough to assure installation and completion of the required protective or corrective measures. Confirm the current amount and filing steps with the Drain Commissioner before the bond is issued.

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How to Apply for a Soil and Sediment Control Permit Bond:

• Confirm the project disturbs one acre or more, or is within 500 feet of a lake, stream or wetland.
• Prepare the soil erosion control plan and submit the permit application to the Eaton County Drain Commissioner.
• Get the required security amount from the Drain Commissioner.
• Choose the form of security and, for a bond, have the surety issue it to Eaton County.
• Pay the permit fee before any earth change begins, since fees double if work starts without a permit.
• Grade and seed disturbed areas within 30 days of substantial completion of the building exterior and utilities.

Detailed Information About the Michigan Soil and Sediment Control Permit Bond:

When you need the permit

The county's permit FAQ says Part 91 requires a soil erosion control permit for any earth change that disturbs one or more acres, or that is within 500 feet of a lake, stream or wetland. Projects within 500 feet of water that disturb less than 225 square feet and pose no erosion problem may get a permit waiver. The Eaton County Drain Commissioner is the County Enforcing Agency for the whole county except the City of Lansing.

How the bond amount is set

MCL 324.9108 lets the county enforcing agency require, as a condition of the permit, a deposit with the county clerk in cash, a certified check or an irrevocable bank letter of credit, whichever the applicant selects, or a surety bond acceptable to the county or the enforcing agency. The amount must be sufficient to assure the installation and completion of the protective or corrective measures the agency requires. The statute sets no flat dollar figure, so the amount follows your erosion control plan and the size of the disturbed area. Confirm the current amount and bond form with the Drain Commissioner before the bond is issued.

What the bond guarantees

The bond runs to Eaton County and guarantees that the silt fence, inlet protection, stabilization and other measures in the approved plan are installed and completed. If the permit holder walks away, the county can draw on the bond to have the work done. The surety pays valid claims and then recovers the money from the permit holder.

Who is exempt

MCL 324.9115 exempts plowing or tilling land for crop production and the harvesting of crops, along with certain logging and mining activity. The county FAQ notes that access roads to logging and mining sites and ancillary activities are not exempt. Under MCL 324.9110, an authorized public agency carries out its own earth changes under state approved procedures instead of getting a county permit. The county lists the City of Charlotte, Eaton County Road Commission, Lansing Board of Water and Light, Delta Charter Township and the Michigan Department of Transportation as authorized agencies.

Deadlines and penalties

The county FAQ says all disturbed areas must be graded and seeded within 30 days of substantial completion of the building exterior and utilities. Permit fees double for projects started without a permit, and a person who violates Part 91 faces a civil fine of up to $25,000 for each day of violation.

Contact

Eaton County Drain Commissioner, County Enforcing Agency, 1045 Independence Boulevard, Charlotte, MI 48813, 517-543-3809.

Eligibility and Requirements for a Michigan Soil and Sediment Control Permit Bond:

• Obligee: Eaton County, through the Drain Commissioner as County Enforcing Agency.
• Amount sufficient to assure installation and completion of required protective or corrective measures (MCL 324.9108).
• Applicant's choice of cash, certified check, irrevocable bank letter of credit or surety bond.
• Applies countywide except the City of Lansing.
• Exempt: crop production and certain logging and mining, plus authorized public agencies working under their own approved procedures.

Michigan Soil and Sediment Control Permit Bond FAQs:

Official and Additional Resources for the Michigan Soil and Sediment Control Permit Bond: