Take Action For Michigan's Wetlands

Since 1979, Michigan has relied on a consistent framework for identifying and regulating wetlands. This system is based on wetland geography, size, and science. Currently, wetlands are protected by the state if they are:

• Connected to or within 1,000 feet of a Great Lake or Lake St. Clair
• Connected to or within 500 feet of an inland lake, pond, river, or stream
• Greater than 5 acres in size

This framework acknowledges that wetlands are important to the health of our lakes, rivers, and streams, even if they aren't directly connected to each other on the surface.

By removing the clear and predictable standards that have existed for over 40 years, HB 5536 is attempting to align Michigan with the federal government's narrow environmental regulatory framework. Under HB 5536, wetlands that maintain no year-round surface connection to a "Waters of the United States" would be completely out of the state's protection. Wetlands that are connected only seasonally or via groundwater (which wetland science tells us many are!) could also be deregulated. 

The bill ignores wetland science in favor of a narrow, ever-changing federal standard. Many wetlands that exist today, factually and functionally, would continue to provide all of the ecosystem services that they currently do, but they would no longer be recognized as worthy of the state's protection.

Michigan is one of only three states that have been granted authority to administer permitting activities under the Clean Water Act. That means people applying for permits only have to go through EGLE. In order to maintain this authority, Michigan's state-level regulations must be at least restrictive as the federal government's. By narrowing Michigan's wetland protection program, the state would risk its Clean Water Act authority and potentially force residents into a dual-permitting process involving both state and federal agencies. Supporters of HB 5536 claim the bill "eases rules" and would "make permitting more efficient". Does that sound efficient to you?

HB 5536 also threatens the control that local governments have to protect wetlands in their communities. By redefining wetlands statewide, local governments would have to follow the "Waters of the United States" standard when implementing their own local wetland protection ordinances. These ordinances are meant to offer greater protection of wetlands at the local level, but that local authority would be greatly restricted.