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E-M:/ Wetland Protection



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Enviro-Mich message from "Gary Marx" <MARXGF@state.mi.us>
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In response to the note on the DEQ response to the Robertson Brothers Developers matter, I can offer the following information. 

Part 303, Wetlands Protection, the state's wetland statute, prohibits certain activities without a permit.  They include:  
1.   placing fill material in a wetland, 
2.  dredging in a wetland, 
3.  construct, operate, or maintain any use or development in a wetland,
4.  drain surface water from a wetland.

>From the description of the project, the plan is to cut down all the trees, and to build a parking lot up to the edge of the wetland.  These are not activities which require a permit under the act.  While they are certainly activities which are likely to have adverse impacts on the wetland, they are not illegal under the statute.  The DEQ also cannot prosecute anyone unless they have actually violated the statute, not just for intending to do so. Trashing dedicated state professionals because they can only do what the laws we administer allow them to do doesn't serve anyone's interests.

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