Waiver of Necessity - For earth disturbance caused by construction of a single-family residence or similar event, including the installation of in-ground pools, attached/detached garages, pole barns, demos, additions, etc.

The site is not within 500 feet of “surface water” (i.e. lake, stream, pond, swamp, wetland, or county drain). A Waiver can also be issued for minor earth disturbances regardless of their proximity to “surface water.” A Waiver of Necessity is issued at the time of application

LCDC must receive a copy of the township’s Land Use Permit, if applicable. The townships of Green Oak, Brighton, and Unadilla, at this time, do not issue Land Use Permits prior to our permits or waivers.

The applicant must sign the Waiver Affidavit that is printed along with the Waiver at the time of application. The Waiver Affidavit requires that the applicant swear that they have seen the site and attest to the type of construction and the proximity to “surface water.” This office will then notarize this affidavit.

Issuance of a Waiver of Necessity does not relieve the applicant of the requirement for controlling erosion from the site, it only relieves you of the necessity of routine inspections. If you are building a single-family home or similar structure in a subdivision or on a paved road, you are required to install a coarse aggregate tracking mat, limiting access for the site to the tracking mat area and to install silt fence behind the curb or road ditch. Waivers are subject to enforcement the same as Permits.

Summary of the Requirements for Waivers
No application form is required. The information is entered at the time of application.
The Waiver and the Waiver Affidavit are printed at the time of application.
A copy of the township’s Land Use Permit, if applicable.
A copy of the site plan is required.

The cost of a Residential Waiver of Necessity is $35.

Non-Waivers - A Non-Waiver, in general, is any project that does not require a foundation inspection from the Building Department, and does not need Soil Erosion Control authorization from this office. Examples of this are sites requiring no earth disturbance, such as sheds that sit on the surface, and building/remodeling which is done to or in an existing structure. In addition to these, we also issue non-waivers for decks and for above-ground pools that require minimal earth disturbance and are not located within 500 feet of water.

No application is needed. Land Use Permit and site plan may need to be seen by office staff for evaluation.

A counter certificate is issued by this department. There is no charge for a Non-Waiver.