R 323.1701 Definitions.

Rule 1701. (1) As used in this part: (a) "Accelerated soil erosion" means the increased loss of the land surface that occurs as a result of human activities. (b) "Acceptable erosion and sediment control program" means the activities of a county or local enforcing agency or authorized public agency that are conducted in accordance with these rules and part 91 regarding staff training, developing and reviewing plans, issuing permits, conducting inspections, and initiating compliance and enforcement actions to effectively minimize erosion and off-site sedimentation. (c) "Designated agent" means a person who has written authorization from the landowner to sign the application and secure a permit in the landowner's name. (d) "Lake" means the Great Lakes and all natural and artificial inland lakes or impoundments that have definite banks, a bed, visible evidence of a continued occurrence of water, and a surface area of water that is equal to, or greater than, 1 acre. "Lake" does not include sediment basins and basins constructed for the sole purpose of storm water retention, cooling water, or treating polluted water. (e) "Landowner" means a person who fulfills 1 or more of the following requirements: (i) The person owns or holds a recorded easement on the property. (ii) The person is engaged in construction in a public right-of-way in accordance with sections 13, 14, 15, and 16 of 1925 PA 368, MCL 247.183, 247.184, 247.185, and 247.186. (iii) The person is engaged in a project that meets all of the following conditions: (A) The project is related to 1 or more roads, highways, sidewalks, trails, driveways, parking areas, forms of public transit, forms of nonmotorized transportation, or boating, including all structures, improvements, features, and lands related to the project. (B) One or more state agency or local unit of government owns, exercises jurisdiction over, or holds a recorded easement on the property in the area where the earth change will occur. (C) All state agencies or local units of government that own, exercises jurisdiction over, or have a recorded easement on the property in the area where the earth change will occur grant a permit or written authorization to the person that specifies where the earth change is allowed to occur. (D) No state agency or local unit of government that owns, exercises jurisdiction over, or holds a recorded easement in the area where the earth change will occur has control over the project during construction. The control prohibited by this subparagraph includes, but is not limited to, paying for or having a financial interest in the project during construction or directing contractors and other individuals engaged in construction work. The control prohibited by this subparagraph does not consist solely of establishing construction requirements or conducting inspections. (f) "Nonerosive velocity" means a speed of water movement that is not conducive to the development of accelerated soil erosion. (g) "Part 91" means part 91 of 1994 PA 451, MCL 324.9101 to 324.9123. (h) "Sediment basin" means a naturally occurring or constructed depression used for the sole purpose of capturing sediment during or after an earth change activity. (i) "Stabilization" means the establishment of vegetation or the proper placement, grading, or covering of soil to ensure its resistance to soil erosion, sliding, or other earth movement. (j) "Storm water retention basin" means an area that is constructed to capture surface water runoff and that does not discharge directly to a lake or stream through an outlet. Water leaves the basin by infiltration and evaporation. (k) "Stream" means a river, creek, or other surface watercourse that may or may not be serving as a drain as defined in 1956 PA 40, MCLs 280.1 to 280.630, and which has definite banks, a bed, and visible evidence of the continued flow or continued occurrence of water, including the connecting waters of the Great Lakes. (l) "Temporary soil erosion and sedimentation control measures" means interim control measures that are installed or constructed to control soil erosion and sedimentation and that are not maintained after project completion. (m) "Permanent soil erosion and sedimentation control measures" means control measures that are installed or constructed to control soil erosion and sedimentation and that are maintained after project completion. (2) The terms defined in part 91 have the same meanings when used in these rules.