Permit Exemptions for Agriculture

Permit Exemptions for Agriculture

Barn building is considered a construction project and is not exempt from soil erosion and sediment control permit requirements. 

Expanding your farm facility?

Farms are required to hold a Soil Erosion and Sedimentation Control (Part 91) permit for any construction activity greater than 1 acre or within 500 feet of a stream, river or lake. These include:
1. Barn construction
2. Silage pad/Leachate containment construction
3. Agrichemical handling facilities
4. Buildings for livestock, dry feed, or equipment
5. Driveways and parking areas
6. Manure pits

Construction projects greater than 1 acre but less than 5 acres of disturbance are subject to Permit by Rule requirements. 
Click here to visit DEQ’s website for requirements and obligations of Permit by Rule law. For sites disturbing one to five acres, the applicant/permittee receives automatic storm water coverage upon the applicant obtaining a Part 91 permit from Missaukee Conservation District. Although the coverage is automatic, the permittee must comply with the requirements of Permit by Rule. Permit by Rule requires compliance with the SESC permit issued under Part 91 and also requires SESC measures to be inspected weekly and within 24 hours of a significant rain event by a certified storm water operator. Certification materials and testing are available in Cadillac and at most DEQ Water Resources Division district offices. Contact Jake Riley at 231.429.3159.

Construction projects greater than 5 acres of disturbance, with a point source discharge to the waters of the state, require a Notice of Coverage (NOC). Click here to visit DEQ’s website for NOC information, requirements and permit application. For sites disturbing five or more acres, the applicant/permittee must obtain a Part 91 permit from Missaukee Conservation District and submit an application for Notice of Coverage to the DEQ Water Resources Division in Cadillac. Contact Jake Riley at 231.429.3159. Along with the NOC application, the applicant/permittee must submit a copy of the SESC permit, approved SESC plan, site location map, and the $400 permit fee.

Contractors, builders, excavation and service providers hired by farms to conduct these activities can be held liable for failure to comply with Soil Erosion and Sedimentation Control regulations, per Missaukee County Ordinance, and are subject to fine. Service providers – please help us inform your clients of their legal obligation to comply with Soil Erosion and Sedimentation Control laws. 

Agricultural Exemptions: Permits are not required for the following agricultural activities if the earth change does not result in soil erosion or sedimentation to waters of the state and does not result in an off-site discharge:

  1. Cropping and tilling
  2. Fences (construction, maintenance or removal of fences and fence lines)
  3. Removal of trees/shrub stumps or roots
  4. Drainage tiling, irrigation or electrical line installation

Our SESC Agent, Kate Nietling, is available by appointment to discuss your project, assist with your permit application, and soil erosion and sedimentation control plan. Contact us at 231.839.7193.