Is your waterway one of the few protected under the ILSA?

These few miles of rivers require DEQ permits because of their fragile environments or the presence of a threatened or protected species. ALL OTHER STREAMS may be included in drainage districts and then dredged, straightened or channelized without objection from the Surface Water Quality Division of MDEQ.

Inland Lakes and Streams Act (ILSA)

R 281.818  Mainstream portions of natural watercourses.
    Rule 8. The following legally established drains are deemed to be mainstream portions of natural watercourses and are not subject to permit exemption pursuant to section 4(g) of the act:
    (a)    Grand River basin  (Jackson county).
    Point of beginning: The intersection of Liberty and Milwaukee streets in the city of Jackson.
    Point of ending: The west line of Rives township, Jackson county, 1,165 feet south of the Northwest corner of section 7, T1S, R1W.
    (b)    Rouge River basin (Newaygo and Kent counties).
    Point of beginning: At its intersection with the south line of section 2, T10N, R12W, Tyrone township, Kent county.
    Point of ending: at Ransom lake in section 12, T11N, R12W, Grant township, Newaygo county.
    (c)    Shiawassee river trunk drain (Saginaw county).
    Point of beginning:  At the junction of the Shiawassee river and the Flint river in section 9, T11N, R4E, James township, Saginaw county.
    Point of ending:  At a point in mid-channel of said river in section 34, T10N, R3E, Charles township, Saginaw county, approximately 0.2 mile from the south line of the section.
    (d)    Clinton river drain.
    (i)    Macomb county
    Point of beginning: the Market street bridge in the city of Mount Clemens.
    Point of ending:  the Red Run drain outlet.
    (ii)    Oakland County
    Point of beginning:  At the intersection with Orchard Lake road on the north line of section 32, T3N, R10E, city of Pontiac.
    Point of ending:  At the intersection with Auburn road on the east line of section 27, T3N, R10E, city of Pontiac.
    (e)    Black river drain (Sanilac county).
    Point of beginning: At the south line of section 6, T10N, R16E, Lexington township, Sanilac county.
    Point of ending:  At the north line of section 1, T12N, R14E, Custer township, Sanilac county.
    (f)    Maple river drain (Gratiot and Shiawassee counties).
    Point of beginning:  At Highway US-27, section 28, T9N, R2W, Washington township, Gratiot county.
    Point of ending:  At its upper terminus in section 3, T6N, R3E, Shiawassee township, Shiawassee county.
    (g)    Little Thornapple river drain (Barry and Ionia counties).
    Point of beginning: At the south line (M-43) of section 13, T4N, R8W, Carlton township, Barry county.
    Point of ending: At the outlet from Tupper lake where the outlet enters Jordan lake in section 34, T5N, R7W, Odessa township, Ionia county.
    (h)    Kawkawlin river drain (Bay county).
    Point of beginning:  Mouth of river on Saginaw bay, in section 33, T15N, R5E, Bangor township, Bay county.
    Point of ending:  At the intersection with Euclid avenue on the west side of section 5, R14N, R5E, Bangor township, Bay county.
    (i)    St. Joseph river drain (Hillsdale county).
    Point of beginning:  At the intersection of the line between sections 8 and 9, T8S, R4W, Camden township, Hilldale county.
    Point of ending:  At a point 715 feet southeast of the line between sections 25 and 26, T8S, R4W, Camden township, Hillsdale county.
    (j)    East branch of St. Joseph river drain (Hillsdale County)
    Point of beginning: At the intersection of the line between sections 33 and 34, T7S, R1W, Pittsford township, Hillsdale county.
    Point of ending: At the intersection with the state line.
    (k)    Pidgeon river drain (Huron county).
    Point of beginning:  At the mouth of the Pigeon river on Saginaw bay in the village of Caseville, including the mouth of the Pigeon river cut-off drain.
    Point of ending:  At a point 3/4 of a mile south of Kinde road in section 1, T17N, R10E, Caseville county, Huron county.

    History: 1982 AACS, Eff. Mar. 31, 1982.
 
 

    As a matter of fact, even these streams are not absolutely protected.  An "after the fact" permit was issued when the Hillsdale county drain commissioner, authorized bulldozing a section of the St. Joseph River that is home to endangered Northern Riffleshell mussel and habitat for the Indiana bat and the Copperbelly snake.  Drain commissioners applied in advance for permission to channelize the Black River as part of an intercounty drain running through Sanilac County.  The DNR issued a permit and a plan was carried out to save the Northern Riffleshell mussels there.  Part were transferred to another river infested with zebra mussels that killed them off, and part were sent to an aquarium, where they died.

Is the streamside or lakeside near your home "protected"?

Sec. 10 of the Drain Code of 1956, PA 40

    "Drains may be laid or extended into or along or from any lake or other body of water surrounded wholly or in part by a swamp, marsh or other low lands for the general purpose of drainage contemplated by this act, but not so as to impair the navigation of any navigable river."

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