Michigan Land Development Compliance Guide
20 Key Milestones to Keep Your Project on Track
From Detroit’s industrial corridors to the expanding suburbs of Grand Rapids and the university town of Ann Arbor, Michigan offers diverse opportunities for developers. But with opportunity comes a complex web of environmental requirements. Projects often require coordination with the Michigan Department of Environment, Great Lakes, and Energy (EGLE), as well as the U.S. Army Corps of Engineers Detroit District for work in federally regulated waterways and wetlands. To help you prepare, we’ve outlined 20 key environmental compliance milestones every Michigan developer should be aware of before breaking ground.
Environmental Due Diligence
The foundation for decision making
1. Phase 1 Environmental Site Assessment (ESA)
A Phase I ESA is a first-step investigation to evaluate historical land use, aerial photographs, regulatory database records, and current site observations for potential contamination. It is often required by lenders before closing on a property and provides critical insight into possible environmental concerns that could impact your development.
2. Phase 2 Environmental Site Assessment (ESA)
When a Phase I ESA identifies recognized environmental conditions (RECs), a Phase II ESA may be needed to collect soil, groundwater, or vapor samples. These tests confirm or rule out contamination and help define the scope of any required remediation.
3. Baseline Environmental Assessment
Unique to Michigan, a BEA allows new owners or operators to be exempt from liability for pre-existing contamination, provided they follow due care requirements under the state’s Natural Resources and Environmental Protection Act (NREPA). BEAs must be submitted to EGLE within strict timelines after purchase or occupancy, making early action essential.
4. Route Siting and Desktop Environmental Review
For linear projects such as utilities, pipelines, and transportation corridors, a route siting and desktop environmental review can identify potential environmental constraints before field work begins. This process evaluates available mapping, aerial imagery, regulatory databases, and other resources to help select the most feasible and least impactful route.
Natural Resource Considerations
Safeguarding lakes, wetlands, and habitats
5. Wetland and Stream Permitting
EGLE regulates most wetlands and inland lakes/streams at the state level. In addition, the U.S. Army Corps of Engineers Detroit District may require permits under Section 404 of the Clean Water Act for federally regulated waters. Understanding which agency has jurisdiction helps prevent permitting delays.
6. Great Lakes Shoreline Work
Construction, dredging, or filling along the Great Lakes shore requires special approvals from EGLE and, in some cases, the Corps through compliance with Section 10 of the Rivers and Harbors Act. These regulations protect Michigan’s shoreline ecosystems while balancing development needs.
7. Threatened and Endangered Species Reviews
State and federal agencies may require species and habitat assessments to ensure your project does not harm protected species. These reviews can influence project design, so conducting them early is beneficial. Common protected species in Michigan include various species of freshwater mussels, as well as the Indiana and Northern Long Eared Bat.
8. Floodplain Management
Projects located within mapped floodplains must comply with both state and local ordinances to reduce flood risk and protect property. This often involves specific design requirements and additional permitting.
9. Stormwater Management
Construction activities that disturb one acre or more require a stormwater permit through EGLE’s Construction Stormwater Program. This ensures runoff is controlled during and after construction to prevent erosion and water pollution.
Environmental Risk & Cleanup
Managing contamination and safeguarding health
10. Due Care Compliance
Even after completing a BEA, Michigan law requires owners and operators to take due care to prevent exposure to contamination, limit migration of contaminants, and inform others of known hazards on the property. In fact, EGLE generally requires a Due Care Compliance Report when a new owner acquires a Part 201 contaminated property.
11. Soil and Groundwater Remediation
If contamination is present at levels that pose a risk to human health or the environment, cleanup may be required. Remediation strategies should be tailored to site-specific conditions and future land use.
12. Vapor Intrusion Mitigation
At sites with volatile contaminants in soil or groundwater, vapors can migrate into buildings. Evaluating and, if necessary, mitigating vapor intrusion is a critical step for ensuring safe occupancy.
13. Industrial Discharge and Emissions Permits
Industrial facilities may require permits for wastewater and stormwater discharges under the National Pollutant Discharge Elimination System (NPDES), as well as air permits for significant emissions. These permits typically involve ongoing monitoring, sampling, and reporting to EGLE to demonstrate compliance.
14. Hazardous Waste Management
Generators of hazardous waste must handle, store, and dispose of materials according to both state and federal rules. Proper recordkeeping and storage practices reduce liability risks.
15. Spill Reporting
Any release of oil, chemicals, or hazardous substances above reportable quantities must be promptly reported to EGLE. Swift action can help limit environmental damage and regulatory penalties.
Additional Compliance Considerations
For Your Development
16. Early Agency Engagement
Initiating conversations with EGLE and the Corps during the planning phase can help identify required permits, streamline review processes, and avoid unexpected roadblocks later in the project.
17. Local Zoning and Environmental Review
Many municipalities have environmental or site development standards in addition to state and federal requirements. Coordinating with local planning departments ensures your project meets all applicable rules.
18. Public Notice and Comment Periods
Some permits require a public review process before they can be issued. Factoring these timelines into your project schedule helps prevent delays.
19. Construction Monitoring and Documentation
Maintaining thorough records of inspections, sampling, and compliance measures during construction provides a strong defense in case of regulatory inquiries.
20. Post-Construction Compliance
Environmental responsibilities don’t end when construction wraps up. Long-term obligations, such as maintaining stormwater systems or monitoring environmental conditions, may continue for years after project completion.
Your Path to Compliance in Michigan
Whether your development is in Detroit, Grand Rapids, Ann Arbor, Lansing, or anywhere in between, understanding Michigan’s environmental requirements from the outset is critical to keeping your project on schedule and within budget. From BEAs to wetland permits, early engagement with experienced environmental consultants ensures you meet state and federal requirements — and avoid costly surprises.
Need assistance navigating Michigan's environmental regulations? Request a proposal from Lord & Winter to see how our compliance team can support your project.
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