Office of Drain Commissioner

Soil Erosion & Sedimentation Control
Compliance and Enforcement Procedure

Earth moving activities that may disturb over an acre in size and/or that disturb an area within 500' of a lake, stream, or 250' to wetland will require an Earth Change Permit. Whoever fails to comply with Part 91 Soil Erosion and Sedimentation Control rules and regulations will be asked to cease and desist all earth moving activities until further notice. The Township Building Official will be asked to support the enforcement action by revoking the Building Permit. When the request for action is taken and the site comes into compliance, the permits will be reissued. To comply, temporary or permanent measures must be installed immediately to prevent the soil erosion or sedimentation problem from reoccurring. The following guidelines are in effect in Kalamazoo County.

  1. SESC Permit must be posted on site.
  2. If silt fence is shown for example on the plan, it must be properly installed as shown on the plan and maintained at all times.
  3. Catch basins in the area of a construction site must have high flow fabric placed in them and maintained as needed.
  4. All temporary erosion control measures should remain installed until site is stabilized with permanent measures such as grass. Five (5) days after final grade, site must be stabilized.
  5. Sites that are not required to obtain an Earth Change Permit are still required to follow the rules and regulations for Part 91 Soil Erosion and Sedimentation Control.
  6. It is important for any construction site to maintain soil on the property in which the work is being done. There should be no off-site erosion or sediment discharge to adjacent properties, lakes, or roads.
Enforcement Steps for sites in violation
  1. Post the 1st notice of violation on-site. From the date of notice the landowner/builder will have five (5) days to comply.
  2. Post the 2nd notice of violation on-site: Cease and desist order for earth change, notify the Township to red tag the project, and charge a $50.00 inspection fee, with five (5) days to comply. When the inspection fee is paid and the site is in compliance, the work may continue.
  3. Post the 3rd notice of violation on-site: Cease and desist, revoke SESC Permit, notify the Township to request that the Building Permit be revoked. $50.00 Inspection fee, five (5) days to comply.
  4. If a project begins without an Earth Change Permit, the work will be stopped until SESC Permit is obtained. The permit fee will be doubled.
Repeat Offender:

A phone call to the builder/property owner will be made to notify them of the violation. The site should be temporarily stabilized within five (5) days of notification. A $50 Inspection fee will be billed for every inspection made to check for compliance after the given 5 days. The Township will be notified to revoke the Building Permit if there is non-compliance at the site of violation. When all requirements are met, work may continue.