Soil Erosion Permits for a New Home in Michigan
Why Soil Has Its Own Permit
When a lot is cleared and dug, rain and wind can carry bare soil off it and into drains, streams and lakes. Oakland County’s page describes how that soil can clog pipes, leave streets muddy and harm wetlands and creeks.
Michigan deals with this through a state law, usually called Part 91, which counties and some towns enforce. The office that handles it is often not the one that issues the building permit.
We work alongside your architect or designer. They lead the design. We look after the soil erosion application, put the controls in place and keep them in order while we build.
What The State And Counties Publish
The State’s Rule
Michigan’s Department of Environment, Great Lakes, and Energy describes Part 91 this way: “A permit is generally required for any earth change activity which disturbs one or more acres of land or which is within 500 feet of a lake or stream.”
Source: Michigan Department of Environment, Great Lakes, and Energy, Soil Erosion and Construction Stormwater. Checked October 12, 2026.
Oakland County
The Water Resources Commissioner’s office says it serves the communities in Oakland County that do not have their own soil erosion program, and it publishes a map of them. Its page lists a permit for an earth change over one acre, and for projects of more than 225 square feet within 500 feet of a lake, stream, wetland or drain.
Source: Oakland County Water Resources Commissioner, Soil Erosion and Sedimentation Control Program. Checked October 12, 2026.
Wayne County
Wayne County’s Land Resource Management office says it enforces the state law and the county’s own ordinance in the communities it lists, and that a permit is issued before any earthwork begins there. Its page names some other communities as running their own programs through their building departments. It describes a separate application for a single home.
Source: Wayne County, Soil Erosion and Sedimentation Control. Checked October 12, 2026.
Macomb County
The Macomb County Public Works Office says it administers the state law and the county’s soil erosion ordinance. Its page lists a drawing of the lot showing the home as part of an application for a single-family home.
Source: Macomb County Public Works, Soil Erosion and Sedimentation Control. Checked October 12, 2026.
Livingston And Washtenaw Counties
Here too the work is shared between county offices and some towns. We confirm which office handles your lot before anything is designed.
After You Move In
The permit does not always end when the home is finished. Oakland County’s page describes the permit being transferred from the builder to the new homeowner, and the controls staying in place until grass is established. It says the permit is closed after a final inspection, once the lawn has grown in. We explain what applies to your home before we hand it over.
Source: Oakland County Water Resources Commissioner, Soil Erosion and Sedimentation Control Program. Checked October 12, 2026.
This page is general information, not legal advice or an official answer. The state, and the county or town that enforces the rule, decide what applies to each property, and the rules change.
Questions About Soil Erosion Permits
What is a soil erosion permit?
It is a permit under a Michigan law, known as Part 91, meant to keep soil from washing off a building site into drains, streams and lakes. We prepare the application for the homes we build.
When does Michigan ask for a soil erosion permit?
The state’s rule and the county limits are in the cards above. We check what applies to your lot.
Who issues a soil erosion permit, the town or the county?
It depends on the lot. We confirm which office covers your lot.
What is the fabric fence around a building site for?
It is one of the controls that keep soil on the lot while the ground is bare. Oakland County’s page describes a temporary silt fence that stays until grass is established. We put the controls up and maintain them during the build.
Does a soil erosion permit end when the home is finished?
Not always. Oakland County’s page describes the permit passing to the new homeowner until the lawn has grown in and the county closes it. We explain what applies before we hand over the home.
This is general information, not legal advice or an official answer. The state, and the county or town that enforces the rule, decide what applies to each property. Sources: the state and county pages linked above. Checked October 12, 2026.
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