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Montmorency County adopts new Soil Erosion and Sedimentation Control Ordinance
Summary
The Montmorency County Board of Commissioners unanimously adopted Ordinance 2026-01 and Resolution 2026-10 to replace the county's soil erosion rules, designate enforcement to the Building Department, set permit thresholds and update fees; fines include civil penalties up to $25,000 per day for knowing, continuing violations.
The Montmorency County Board of Commissioners voted unanimously on July 9, 2026, to adopt Ordinance 2026-01, updating the county’s soil erosion and sedimentation controls and an accompanying fee schedule. The resolution (2026-10) was moved by Mary Hardies and seconded by Lloyd Peltier and carried on a 5-0 roll-call vote.
The ordinance cites authority under Part 91 of the Natural Resources and Environmental Protection Act (MCL 324.9101 et seq.) and replaces the prior County Ordinance No. 94-02. It designates the Montmorency County Building Department as the enforcing agency and authorizes the Soil Erosion and Sedimentation Control Officer (the building inspector or designee) to issue municipal civil infraction citations and stop-work orders. The ordinance requires permits for earth changes that disturb one or more acres or are within 500 feet of a lake, stream or regulated wetland; a permit-waiver for disturbances under 225 square feet within 500 feet of water is available by affidavit.
Penalties are specified in the ordinance text: municipal civil fines up to $2,500 for infractions and, for knowingly continuing violations after notice, civil fines ranging from not less than $2,500 to as much as $25,000 per day. The board adopted an updated fee schedule (attached to the resolution) and specified that fees will be doubled if work begins without a permit. The resolution and ordinance state the ordinance takes effect after approval by the Michigan Department of Environment, Great Lakes and Energy (EGLE) and publication in a newspaper of general circulation within the county.
The ordinance includes standard severability and amendment provisions and lists activities exempted from a permit (for example, ordinary agricultural tilling and certain logging or mining activities subject to conditions). The board’s action fulfills a recommendation that the outdated county rule be replaced and aligns local enforcement with statutory requirements under Part 91.
