By Brian Considine – Michigan Bar Journal – November 2006 

Michigan is one of two states (the other being New Jersey) that has assumed administration of Section 404 of the Clean Water Act (CWA).1 In comparison to other states that have separate state and federal wetland permitting programs, Michigan’s assumption of the 404 program streamlines the permitting process for property owners in Michigan. However, as a result of the Supreme Court’s recent decision in Rapanos, 2 federal and state regulators are scrambling to figure out its impact on their respective wetland programs. The United States Environmental Protection Agency (EPA) and the United States Army Corps of Engineers (Corps) have jointly issued interim guidance directing their agents and districts on what steps to take in light of Rapanos, and a final guidance document is in progress. This article describes Michigan’s 404 Program and discusses possible effects of the Rapanos decision on the Michigan Department of Environmental Quality’s (MDEQ’s) administration of the 404 program.  To view and/or download this article, click here.