Complete Story
05/09/2025
Coastal Solutions Compendium
Permit Review of State-designated Lands
The State of Michigan regulates property within mapped High Risk Erosion Areas (HREAs), Flood Risk Areas and Environmental Areas under Part 323, Shorelands Protection and Management of the Michigan Natural Resources and Environmental Protection Act. In addition, Critical Dunes are mapped and regulated under Part 353, Sand Dunes Protection And Management, of the Act. Both Part 323 and 353 allow a municipality to assume regulation of land use within these state-designated areas through their zoning ordinance. Approval of the municipality’s zoning ordinance by the Department of Environment, Great Lakes and Energy (EGLE) is required to administer permitting in these areas.
Why it supports resilience:
Local review of permits for these sensitive coastal features can allow for better oversight and quicker enforcement response to prohibited activities.
How it is used:
The municipality adopts a zoning ordinance that matches the requirements of Parts 323 and 353 and establishes a permit process to confirm that covered activities in the state-regulated areas comply with these requirements. Activities where permit applications are typically required include the construction of a house or garage, building a road or driveway, installing a septic system, installing retaining walls, and sand removal in the case of Critical Dunes.
State-designated lands may be included in local natural features, dune protection, and coastal floodplain ordinances. The review process can then be tied to the district.
Possible obstacles to implementation:
- The process to gain approval from EGLE is not well-defined.
- Permit review, inspection, and enforcement require staff resources and capacity.
Example:
Pere Marquette Charter Township’s Critical Dune Overlay District
Pere Marquette Charter Township’s Critical Dune Overlay District outlines permitted and prohibited uses within the Critical Dune Overlay District (the area designated as a critical dune area by EGLE). Special standards regarding driveways, utilities, variances, and many more are included to protect dunes within the township.
Resources for implementing this tool:
