Ingham County, MI Stormwater Regulations

Ingham County has no single countywide stormwater ordinance. The Ingham County Drain Commissioner issues soil erosion permits under Part 91 of Michigan's environmental code, except in Lansing, East Lansing, Delhi Charter Township and Lansing Charter Township, which run their own programs. EGLE covers construction storm water through Permit-by-Rule, and the Drain Commissioner's Rules set drainage design standards. State fines reach $25,000 per day.

Primary source: Ingham County Drain Commissioner

Permit Requirements

Michigan splits construction stormwater into two permits, and the first one comes from a local office. Under Part 91 of the Natural Resources and Environmental Protection Act, a soil erosion and sedimentation control (SESC) permit is generally required for any earth change that disturbs one or more acres or sits within 500 feet of a lake or stream. In Ingham County the Ingham County Drain Commissioner is the County Enforcing Agency. EGLE's agency list names four Municipal Enforcing Agencies that issue their own permits: the City of Lansing Public Service Department, the City of East Lansing, Delhi Charter Township and Lansing Charter Township. The county's jurisdiction map also lists Meridian Charter Township's Public Works Department, so check with the township first.

A county application needs the signed application form, a soil erosion control plan and the permit fee. The Soil Erosion Officer visits the site and has 30 calendar days to approve, deny or ask for changes. Under the county's 2026 fee schedule, a six-month commercial permit is $500 for the first acre plus $50 for each additional acre, a six-month residential permit is $240, and commercial permits also carry a compliance inspection escrow. If your work is exempt, you may still need a no-fee waiver to show the building department.

The second permit is state construction storm water coverage under EGLE's Permit-by-Rule. It applies to sites that disturb one or more acres and discharge stormwater to waters of the state. For one to five acres, coverage is automatic once you hold the Part 91 permit. For five acres or more, you also file a Notice of Coverage with EGLE, with a copy of the SESC permit, the approved SESC plan, a site location map and a $400 fee.

Drainage design is a third layer. The Drain Commissioner reviews plats, site condominiums, and any development that discharges to a county drain in the urbanized area, and charges $750 for commercial site plan review and $750 plus $90 per additional acre for commercial drainage review. You need the Drain Commissioner's permission before connecting to, discharging into or crossing a county drain.

Inspection Obligations

During construction, Permit-by-Rule requires SESC measures to be inspected weekly and within 24 hours of a significant rain event by a certified stormwater operator. The Drain Commissioner also inspects construction of approved storm systems, paid for by an inspection deposit equal to 8 percent of the construction cost estimate.

After construction, the Drain Commissioner's Rules require a maintenance plan for every privately owned stormwater facility. The plan must provide for wet weather inspection of structural elements and a check for sediment in detention basins every year, and housekeeping inspections, such as trash checks, at least twice a year. Sediment has to come out when it reaches half the forebay depth or 12 inches, whichever is less. The plan also needs an itemized annual maintenance budget and a named responsible party, and it's recorded with the subdivision agreement or master deed.

The cities add their own rules. In East Lansing, owners must inspect stormwater practices at least once a year and after significant storms, and keep records for five years. In Lansing, the party named in the recorded maintenance agreement keeps maintenance records for at least five years, and the city's Engineering Division may conduct periodic inspections. In subdivisions and site condominiums, the Drain Commissioner's Rules put detention basins on commonly owned land, so an HOA or condo association usually carries these inspection and maintenance duties.

Penalty Structure

Under MCL 324.9121, a Part 91 violation carries a civil fine of up to $2,500. A knowing violation, or a false statement in a permit application or erosion plan, can cost up to $10,000 per day. A knowing violation after a notice of determination costs $2,500 to $25,000 per day. A court can also order the site restored. Permit obligations transfer with the property, so a buyer can inherit an open violation.

Construction storm water coverage falls under Part 31. Under MCL 324.3115, a court imposes a civil fine of at least $2,500 and up to $25,000 per day of violation.

Locally, the county charges double fees to licensed builders, contractors and developers who start without approvals, $350 for each follow-up inspection after a violation notice or cease and desist order, and a performance deposit of at least $1,000 after a cease and desist order. East Lansing fines post-construction violations at least $250 for a first offense and at least $500 after that, with each day counted separately. Lansing and East Lansing both treat ignoring a stop work order as a misdemeanor with a fine of up to $500, up to 90 days in jail, or both.

Key BMPs

The Drain Commissioner's Rules size facilities for three storms: the 100-year, 24-hour storm, the bankfull flood (the 2-year, 24-hour storm), and the first flush, the runoff from the first 1.0 inch of rain. Release from flood storage is limited to 0.15 cfs per acre. Common practices include:

• Wet detention basins and stormwater marshes - Preferred over dry basins. Side slopes can be no steeper than 4:1, and basins can't sit in a 100-year floodplain without a variance.
• Sediment forebays - Sized at 5 percent of the 100-year storm volume, with a permanent depth marker and heavy equipment access for cleanout.
• Vegetated swales and open ditches - Preferred over enclosed storm sewers where they fit the site.
• Buffer strips - At least 25 feet wide next to all surface waters, set by deed restriction or master deed, with no construction, paving or lawn chemicals inside them.
• Oil and grit separators - Commercial and industrial sites that may collect large amounts of oil and grease must separate those pollutants. Separators go off-line or where flow stays below scouring velocity in a 10-year storm, with a maintenance and waste disposal program.

Local Ordinances

The county doesn't have a general stormwater ordinance of its own. Its design standards are the Rules of the Ingham County Drain Commissioner, issued under the Land Division Act and the Drain Code of 1956. Where a city or township has stricter standards, the Drain Commissioner reviews plans against those.

The City of Lansing regulates soil erosion under Chapter 1218 and post-construction stormwater under Chapter 1219, backed by the city's design and policy manuals. The City of East Lansing covers both in Chapter 34, and its post-construction rules apply to projects that disturb one acre or more. The City of Mason has a post-construction stormwater chapter (Chapter 52), and Delhi Charter Township and Lansing Charter Township have their own soil erosion ordinances.

We found no stormwater utility fee for the county. County drains are paid for by special assessments on the property owners each drain benefits. Lansing's earlier stormwater charge was struck down in 1998 in Bolt v City of Lansing, a Michigan Supreme Court case that found it was a tax requiring voter approval.