State says it cannot refuse site solely on location under Part 115 rules
Aug 13, 2026
Agency staff told residents the department lacks statutory authority to reject a permit based purely on site selection; staff can require mitigation, monitoring and permit conditions under Part 115 (Michigan Public Act 451) but cannot deny a permit solely because a site may be 'not a good location.'
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Multiple residents asked whether the department could deny a permit on the grounds that a proposed site was a poor location because of geology, flood risk or proximity to water resources. Agency staff repeatedly said the department's authority is limited by statute and administrative rules.
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