Michigan Conservation District's
Vegetation Removal Assurance in Designated Critical Dune Areas
The Critical Dune Areas (CDA) program is administered under the authority of
Part 353, Sand Dune Protection and Management, of the Natural Resources
and Environmental Protection Act, 1994 PA 451, as amended. The CDA
program protects the extremely fragile areas of Michigan’s dunes by
promoting the use of design and construction techniques to minimize impacts
of uses on the dunes. As defined in part 353, “use” means “a developmental,
silvicultural, or recreational activity done or caused to be done by a person that
significantly alters the physical characteristic of a critical dune area or a
contour change done or caused to be done by a person.”
A Michigan Department of Environmental Quality permit is required for any use
within a CDA. Regulated activities include construction of buildings, septic
systems, water wells, driveways, all excavation and filling, and vegetation
removal within the CDAs. These areas are identified in the “Atlas of Critical
Dune Areas” dated February 1989, and adopted by the Michigan Legislature
under Part 353. Section 35313(c) requires that all applications for permits for
the use of a CDA include in writing: “assurances that the cutting and removing
of trees and other vegetation will be performed according to the instructions or
plans of the local soil conservation district. These instructions or plans may
include all applicable silvicultural practices as described in the “voluntary
forestry management guidelines for Michigan” prepared by the Society of
American Foresters in 1987. The instructions or plans may include a program
to provide mitigation for the removal of trees or vegetation by providing
assurances that the applicant will plant on the site more trees and other
vegetation than were removed by the proposed use.”
