The applicable regulatory program for discharges of dredged or fill material into waters of the United States in Michigan that are not presently used, or susceptible for use in their natural condition or by reasonable improvement as a means to transport interstate or foreign commerce shoreward to the ordinary high water mark, including wetlands adjacent thereto, except those on Indian lands, is the program administered by the Michigan Department of Environment, Great Lakes, and Energy (previously named Department of Natural Resources, Department of Environmental Quality, and Department of Natural Resources and Environment), approved by EPA, pursuant to section 404 of the CWA. Notice of this approval was published in the Federal Register on October 2, 1984; the effective date of this program is October 16, 1984. This program consists of the following elements, as submitted to EPA in the State's program submission and subsequently revised.

(a) Incorporation by reference. The Michigan statutes and regulations cited in paragraphs (a)(1) and (2) of this section are incorporated by reference as part of the applicable section 404 Program under the CWA for the State of Michigan. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, EPA must publish a document in the Federal Register and the material must be available to the public. This incorporation by reference (IBR) material is available for inspection at EPA and at the National Archives and Records Administration (NARA). Copies of this IBR material also may be obtained from EPA. Contact EPA at: EPA Docket Center Reading Room, WJC West Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004 (phone: 202-566-1744), or send mail to Mail Code 5305G, 1200 Pennsylvania Ave. NW, Washington, DC 20460, and at the Water Division, Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, IL 60604. For information on the availability of this IBR material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected]. The material may be obtained from the Michigan Department of Environment, Great Lakes, and Energy office at 525 W Allegan St., Lansing, MI 48933, phone: 800-662-9278.

(1) Michigan Statutes Applicable to the State's Approved Clean Water Act Section 404 program (available at www.legislature.mi.gov), as follows:

(i) The Michigan Administrative Procedures Act of 1969, MCL § 24-201 et seq., in effect as of February 13, 2024.

(ii) Natural Resources and Environmental Protection Act 451 of 1994:

(A) Part 31 Water Resources Protection, MCL § 324.31 et seq., in effect as of September 29, 2023.

(B) Part 301 Inland Lakes and Streams, MCL § 324.301 et seq., in effect as of October 20, 2021.

(C) Part 303 Wetland Protection, MCL § 324.303 et seq., in effect as of April 27, 2019.

(D) Part 307 Inland Lake Levels, MCL § 324.307 et seq., in effect as of October 16, 2020.

(E) Part 315 Dam Safety, MCL § 324.315 et seq., in effect as of September 10, 2004.

(F) Part 323 Great Lakes Shorelands Protection and Management, MCL § 324.323 et seq, in effect as of October 20, 2021.

(G) Part 325 Great Lakes Submerged Lands, MCL § 324.325 et seq., in effect as of October 20, 2021.

(2)(i) Michigan Regulations Applicable to the State's Approved Clean Water Act Section 404 program (www.michigan.gov/lara/bureau-list/moahr/admin-rules), Michigan Administrative Code, Department of Environmental Quality, as follows:

(A) Land and Water Management:

(1) Great Lakes Shorelands, R 281.21 through R 281.26 inclusive, in effect as of 2000.

(2) Wetlands Protection, R 281.921 through R 281.925 inclusive, in effect as of 2006.

(3) Wetland Mitigation Banking, R 281.951 through R 281.961 inclusive, in effect as of 1997.

(4) Dam Safety, R 281.1301 through R 281.1313 inclusive in effect as of 1993.

(B) Water Resources Division, Inland Lakes and Streams, R 281.811 through R 281.846 inclusive, in effect as of 2015.

(ii) This material contains Michigan's rules for shoreline protection, inland lakes and streams, wetlands protection, wetland mitigation banking, and dam safety.

(b) Other Laws. The following statutes and regulations, although not incorporated by reference, also are part of the approved State-administered program:

(1) Administrative Procedures Act, MCL 24.201 et seq.

(2) Freedom of Information Act, MCL 15.231 et seq.

(3) Open Meetings Act, MCL 15.261 et seq.

(4) Natural Resources and Environmental Protection Act 451 of 1994, Part 17 Michigan Environmental Protection Act, MCL 324.17 et seq.

(c) Memoranda of Agreement. The following memoranda, although not incorporated by reference also are part of the approved State-administered program:

(1) The Memorandum of Agreement between EPA Region V and the Michigan Department of Natural Resources, signed by EPA Region V Administrator on December 9, 1983. The 1983 Memorandum of Agreement has subsequently been replaced by a Memorandum of Agreement between EPA Region 5 and the Michigan Department of Environmental Quality (now referred to as the Michigan Department of Environment, Great Lakes, and Energy) signed on November 9, 2011.

(2) The Memorandum of Agreement between the U.S. Army Corps of Engineers and the Michigan Department of Natural Resources, signed by the Commander, North Central Division, on March 27, 1984.

(d) Statement of Legal Authority. The following documents, although not incorporated by reference, also are part of the approved State administered program:

(1) “Attorney General Certification section 404/State of Michigan”, signed by Attorney General of Michigan, as submitted with the request for approval of “The State of Michigan 404 Program”, October 26, 1983.

(e) The Program description and any other materials submitted as part of the original submission or supplements thereto.

[89 FR 103507, Dec. 18, 2024]

The applicable regulatory program for discharges of dredged or fill material into waters of the United States in New Jersey that are not presently used, or susceptible for use in their natural condition or by reasonable improvement as a means to transport interstate or foreign commerce shoreward to the ordinary high water mark, including wetlands adjacent thereto, except those on Indian lands, is the program administered by the New Jersey Department of Environmental Protection and Energy, approved by EPA, pursuant to section 404 of the CWA. Notice of this approval was published in the Federal Register on March 2, 1994; the effective date of this program is March 2, 1994. This program consists of the following elements, as submitted to EPA in the State's program submission and subsequently revised.

(a) Incorporation by reference. The New Jersey statues and regulations cited in paragraphs (a)(1) and (2) of this section are incorporated by reference as part of the applicable 404 Program under the CWA for the State of New Jersey. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, EPA must publish a document in the Federal Register and the material must be available to the public. This incorporation by reference (IBR) material is available for inspection at EPA and at the National Archives and Records Administration (NARA). Copies of this IBR material also may be obtained from EPA. Contact EPA at: EPA Docket Center Reading Room, WJC West Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004 (phone: 202-566-1744), or send mail to Mail Code 5305G, 1200 Pennsylvania Ave. NW, Washington, DC 20460, and at the Library of the Region 2 Regional Office, Ted Weiss Federal Building, 290 Broadway, New York, NY 10007. For information on the availability of this IBR material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected]. The materials may be obtained from the New Jersey Department of Environmental Protection at 401 East State St., Trenton, NJ 08625; website: www.epa.gov/cwa404g/us-interactive-map-state-and-tribal-assumption-under-cwa-section-404#nj.

(1)(i) New Jersey Statutes Applicable to the State's Approved Clean Water Act Section 404 program as follows:

(A) Freshwater Wetlands Protection Act, New Jersey Statutes Annotated, Title 13: Conservation and Development—Parks and Reservations; Chapter 9B: Freshwater Wetlands, N.J.S.A.13:9B-1 et seq., effective as of December 23, 1993.

(B) [Reserved]

(ii) The Freshwater Wetlands Protection Act provides the New Jersey Department of Environmental Protection with the authority to regulate and permit activities in freshwater wetlands.

(2)(i) New Jersey Regulations Applicable to the State's Approved Clean Water Act Section 404 program as follows:

(A) Freshwater Wetlands Protection Act Rules, N.J.A.C. 7:7A, amended November 7, 2022.

(B) [Reserved]

(ii) This chapter contains regulations to implement the Freshwater Wetlands Protection Act.

(b) Other laws. The following statutes and regulations, although not incorporated by reference, also are part of the approved State-administered program:

(1) Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq.

(2) New Jersey Uniform Administrative Procedure Rules, N.J.A.C. 1:1-1.1 et seq.

(3) Open Public Meetings Act, N.J.S.A. 10:4-6 et seq.

(4) Examination and Copies of Public Records, N.J.S.A. 47:1A-1 et seq.

(5) Environmental Rights Act, N.J.S.A. 2A:35A-1 et seq.

(6) Department of Environmental Protection (and Energy), N.J.S.A. 13:1D-1 et seq.

(7) Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq.

(c) Memoranda of agreement. The following memoranda of agreement, although not incorporated by reference also are part of the approved State administered program:

(1) The Memorandum of Agreement between EPA Region II and the New Jersey Department of Environmental Protection and Energy, signed by the EPA Region II Acting Regional Administrator on June 15, 1993.

(2) The Memorandum of Agreement between the U.S. Army Corps of Engineers and the New Jersey Department of Environmental Protection and Energy, signed by the Division Engineer on March 4, 1993.

(3) The Memorandum of Agreement between EPA Region II, the New Jersey Department of Environmental Protection and Energy, and the U.S. Fish and Wildlife Service, signed by all parties on December 22, 1993.

(d) Statement of legal authority. The following documents, although not incorporated by reference, also are part of the approved State administered program:

(1) Attorney General's Statement, signed by the Attorney General of New Jersey, as submitted with the request for approval of The State of New Jersey's 404 Program.

(2) The program description and any other materials submitted as part of the original application or supplements thereto.

[59 FR 9933, Mar. 2, 1994, as amended at 65 FR 47325, Aug. 2, 2000; 69 FR 18801, Apr. 9, 2004; 89 FR 103508, Dec. 18, 2024]