Key Takeaways
- Michigan has extensive environmental regulations due to its water resources and industrial history
- The Michigan Department of Environment, Great Lakes, and Energy (EGLE) regulates environmental matters
- Underground storage tank regulations are strict due to groundwater protection concerns
- Wetlands are protected under both federal and state regulations
- Part 201 (Environmental Remediation) addresses contaminated property cleanup
Environmental Issues in Michigan Real Estate
Environmental concerns can significantly affect property value and transaction requirements in Michigan.
Michigan Environmental Regulations
Department of Environment, Great Lakes, and Energy (EGLE)
EGLE (formerly MDEQ) regulates environmental matters in Michigan:
| Area | Regulation |
|---|---|
| Water Resources | Water quality, wetlands |
| Air Quality | Emissions permits |
| Materials Management | Hazardous waste |
| Remediation | Contaminated sites |
Part 201 - Environmental Remediation
Part 201 of Michigan's Natural Resources and Environmental Protection Act addresses:
- Contaminated property cleanup
- Liability for contamination
- Due care obligations
- Cleanup standards
Environmental Disclosure
Agent Disclosure Requirements
Michigan agents must disclose known environmental hazards that:
- Affect the property's condition
- Are material facts
- Could not be discovered by reasonable inspection
Common Environmental Concerns
| Issue | Description |
|---|---|
| Lead-Based Paint | Federal disclosure required (pre-1978) |
| Underground Storage Tanks | Common in Michigan |
| Contaminated Soil | Industrial history sites |
| Wetlands | Protected, may limit development |
| Groundwater Contamination | Significant concern |
| Radon | Testing recommended |
Underground Storage Tanks (USTs)
Michigan has strict regulations for underground storage tanks due to groundwater protection:
Disclosure and Registration
| Requirement | Detail |
|---|---|
| Registration | USTs must be registered with EGLE |
| Disclosure | Known USTs should be disclosed |
| Removal | Must follow proper procedures |
| Contamination | Remediation typically required |
Leaking UST Program
If a tank has leaked:
- Property owner may be liable for cleanup
- EGLE has corrective action program
- Significant impact on property value
- May affect financing
Wetlands Protection
Michigan wetlands are protected under:
State Wetlands Protection
- Part 303 - Wetlands Protection
- Permits required for fill or development
- Can significantly limit property use
Federal Protection
- Section 404 - Clean Water Act
- Army Corps of Engineers permits
- Coordination with state requirements
Due Care Obligations
Under Michigan law, property owners have due care obligations:
| Obligation | Description |
|---|---|
| Prevent exacerbation | Don't make contamination worse |
| Prevent exposure | Limit human contact |
| Take reasonable precautions | Based on use of property |
| Cooperate | With EGLE investigations |
Lead-Based Paint (Federal Requirement)
For homes built before 1978:
| Requirement | Description |
|---|---|
| EPA pamphlet | Must be provided to buyer |
| Known hazards | Disclose any known lead-based paint |
| 10-day inspection | Buyer's right (can be waived) |
| Signed disclosure | Both parties must sign |
Radon
- Natural radioactive gas from soil
- No Michigan disclosure requirement
- Testing recommended, especially for basements
- Mitigation available if levels are high
Which agency regulates environmental matters in Michigan?
What are "due care obligations" in Michigan environmental law?
Why are underground storage tank regulations particularly strict in Michigan?
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