What requires a permit for excavation?

Michael Swanson • July 14, 2025

Permits for Excavation?

🛠️ Excavation Permit Guide: Jackson County, MI

1. Soil Erosion & Sedimentation Control

If your project involves disturbing more than 1 acre of land, or is within 500 feet of a lake or stream, you must get a Soil Erosion & Sedimentation Control permit. This is administered by the Jackson County Health Department under Michigan’s Soil Erosion Law (Part 91 of PA 451) (Reddit, mijackson.org).

2. Well/Site Evaluation & Septic Soil Testing

Planning to dig for a septic system or well? You'll need a site evaluation and soil test, which requires:

  • Application with parcel ID
  • A backhoe and operator onsite during inspection
  • Payment and submission to Environmental Health (mijackson.org)

⚠️ Always call MISS DIG (811 or 1‑800‑482‑7171) first to locate underground utilities (mijackson.org).

3. Anything Within County Road Right‑of‑Way

Excavating in or along county roads (e.g., driveways, utilities, tree removal, seismic exploration, or oversize loads) requires a permit through the Jackson County Department of Transportation (mijackson.org). Non‑permitted items like fences or landscaping rocks in the ROW are prohibited.

Always call MISS DIG before any right‑of‑way excavation (mijackson.org).

4. City of Jackson Public Right‑of‑Way

If digging within Jackson city limits (e.g., street cut, driveway apron, sidewalk, sewer, sprinklers, monitoring wells), you’ll need a City ROW Permit, and likely a bond and insurance .

5. County Drain Work

Working on county drains or waterways? Some maintenance (like re‑vegetation, bank reshaping, culvert repair) is exempt. However, deepening, extending, realigning, or significant structural work requires a DEQ/NREPA permit, often via the General Permit or full Joint Permit Application (Michigan.gov).



When You Don’t Need a Permit

  • Minor gardening or residential grading that disturbs less than 1 acre and isn't near water.
  • French drains or minor excavation on private property, as long as you’re not altering stormwater discharge significantly (Reddit).
  • Building construction excavations with an approved building permit are covered—no extra permit for soil removal (eCode360).



âś… Quick Permit Checklist

   Project Type

 Permits Needed

    >1 acre excavation or within 500 ft of water

 Soil Erosion & Sediment Control

   Septic/well digging

 Site evaluation & soil testing

   Digging in county road ROW

 County road ROW permit

   Digging in City of Jackson street/ROW

 City ROW permit + bond & insurance

   Major drain work

 County Drain/NREPA permit

   Minor garden, grading, or French drains on private land

 Usually no permit, but call 811

   Building hole with approved building permit

 No separate excavation permit

 


📝 Best Practices Before You Start

  1. Call MISS DIG (811) to mark underground utilities on any project, big or small.
  2. Contact the appropriate local office: Health Department, County DOT, or City Engineering.
  3. Submit applications ahead of time and include necessary backing (e.g., bonding, insurance).
  4. Plan around environmental rules if you’re near wetlands, streams, or county drains.



Sample Scenarios

Scenario 1: Installing a septic system on a rural lot

📌 You’ll need a site evaluation permit, soil testing by backhoe, coordinate with Environmental Health—and call 811 first.

Scenario 2: Extending your driveway across a county road shoulder

📌 This requires a county road ROW permit. Submit plans, pay the fee, call MISS DIG, and follow DOT requirements.

Scenario 3: Digging a French drain in your backyard (not near a protected waterway)

📌 No excavation permit is typically needed, but you should call 811 to verify no utility interference and ensure stormwater flow remains legal.



Final Thoughts

Permit needs in Jackson County depend on:

  • Scale of excavation (acreage, depth, size)
  • Proximity to regulated areas (roads, waterways)
  • Type of infrastructure (roadways, utilities, drains)
  • Your local jurisdiction (county vs. city limits)

Whenever in doubt:

  • Call MISS DIG — it's free and standard.
  • Check with the Jackson County Health Department for environmental and septic matters.
  • Reach out to Jackson County DOT or City Engineering before any road or street work.



By following these guidelines, you can ensure your excavation project is compliant—and avoid costly delays or penalties. Want help with permit forms or contacts? I can help!