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Scott Brown

Opposition by Michigan’s Real Estate Industry and Individual Property Owners Prevents Legislation Known as the “Short-term Rental Regulation Act” from Moving Forward

Legislation introduced in the Michigan state legislature that if enacted would regulate short-term rentals and generate revenue that would benefit host cities, towns, and villages that experience steep population increases each summer by levying a 6% excise tax on short term rentals has been met with a whirlwind of opposition from both the real estate industry and from individual property owners who believe the legislation violates their basic property rights.

If passed by the Michigan state legislature and signed by Michigan’s governor, House Bills 5437 to 5446 would regulate and levy assessments on short-term rental facilities in Michigan. House Bills 5437 and 5439 to 5446 serve to supplement MI House Bill 5438  also referred to as the Short Term Rental Regulation Act”, that,  in addition to levying a 6% excise tax on short term rentals, also require short term rental property owners to acquire $1M in liability insurance, and implement safety measures such as the installation of fire extinguishers and smoke alarms, and making sure first responder contact information is made readily available to short-term renters. The suite of bills comprising the Short-Term Rental Regulation Act would also require often utilized international vacation rental property service providers such as Vrbo and Airbnb to pay a $100.00 annual registration fee on each of their short-term rental property listings. Moreover, the legislation would allow local units of government to regulate short-term rentals such as by limiting the number of short-term rental properties within their jurisdiction and by enforcing existing zoning laws.

Defined by the Michigan state legislature as the rental of a single-family residence, a dwelling unit in a one-to-four family house, or the rental of a unit or group of units within a condominium for up to thirty consecutive days, short-term rentals serve to enhance the real estate values of lakefront homes, and homes located within popular tourist destinations. The ready availability of short-term rentals within popular tourist destinations and steep increases in population that occur each summer have dramatically increased the cost of providing basic government services such as providing water and sewer services for host local units of governments – the Short-Term Rental Regulation Act was introduced in part to help affected local governments to raise revenue that will be used to off set the increased cost of governing and providing essential services that occurs each summer.

It is important to note that the Michigan Supreme Court rendered a decision in October of 2018 that upheld the right of local units of government to enact ordinances to allow or to restrict short-term rentals.

MUNICIPAL PROCESSED SEWAGE USED AS FERTILIZER ON FARM LANDS FOR DECADES ARE FOUND TO CONTAIN HIGH LEVELS OF THE TOXIC ‘FOR EVER’ CHEMICALS KNOWN AS PFAS

Official representing the United States Environmental Protection Agency have admitted that the ‘processed’ municipal sewage that tens of thousands of farmers across America, including many located in Michigan have been using as nutrient rich fertilizer for several decades to enrich millions of acres of farm land may contain heavy concentrations of the wide ranging suite of chemicals commonly referred to as PFAS that are known to enhance the risk of the onset of certain types of cancer, and may also cause birth defects. Studies also indicate that protracted exposure to sufficiently elevated levels of certain PFAS may cause a variety of health effects including developmental effects on the thyroid, liver, kidneys, certain hormones, and the immune system.

A growing plethora of research findings indicates that processed sewage referred to as ‘black sludge’ – which is the sewage that flows from homes, businesses, schools, and factories – often contains heavy concentrations of chemicals known as per-and polyfluoroalkyl substances (PFAS) that represent a group of synthetic chemicals that have been used to support the manufacture of certain widely used products such as outdoor clothing and carpeting.

Utilized in many consumer products and industrial processes since the 1950s, per- and polyfluoroalkyl substances (PFAS) are a diverse group of synthetic chemicals that are resistant to water, grease, and heat.  Some common uses for PFAS include:

  • Food packaging
  • Outdoor Clothing
  • Firefighting foam
  • Non-stick products
  • Ski and snowboard waxes

Commonly referred to as ‘forever chemicals’ due to their capacity to remain in a toxic state for many decades, PFAS is now being detected, sometimes at dangerously high levels, on farm fields located throughout Texas, Maine, Michigan, New York, and Tennessee. The U. S. EPA admission that processed sewage often contains high concentrations of PFAS follows many reports of the now widespread chemical acting to sicken or kill farm animals, render the milk of dairy cows useless, and contaminating the produce grown on the farm.

Involving tens of millions of acres, the epic scale of farmland contaminated by processed sewage derived toxic PFAS is only now starting to become apparent to federal and state authorities. Representing one of the first states in the nation to investigate the potential for processed sewage sludge to contain high levels of PFAS, Michigan state officials recently shut down one farm located near Brighton, Michigan where tests for PFAS revealed particularly high concentrations in the soil and in the cattle that grazed upon the land. The Brighton farm had received the processed sewage sludge that it spread upon its fields from a municipal sewage treatment plant located in Wixom. The State of Michigan also ruled that the affected property may never again be used for agriculture. As of this date, Michigan officials have not conducted widespread testing for the existence of high concentrations of PFAS at other farms, some have suggested that this is at least partly out of concern for the harmful economic effects on the state’s agriculture industry.

In response to the fact that the United States Geological Survey found that at least 45% of the nation’s tap water is contaminated with PFAS chemicals,  the United States Environmental Protection Agency imposed a near zero threshold for the existence of PFAS within drinking water in the spring of 2024.

In addition to the fact that many farmers throughout Michigan have been utilizing PFAS saturated processed sewage as fertilizer on their fields for decades, the raw ‘unprocessed’ sewage that originates from hundreds of thousands of dysfunctional septic tanks also often contains high concentrations of the highly toxic chemicals that continues to run-off into the once crystal-clear freshwaters of Michigan’s streams, rivers, and inland lakes.

To view the information rich United States Environmental Protection Agency’s PFAS dedicated page, click here

To view the State of Michigan PFAS Action Response Team (MPART) web page, click here

2024 MWA Summer Newsletter is Now Available for Download

MICHIGAN WATERFRONT ALLIANCE

SUMMER NEWSLETTER 2024

MichiganWaterfrontAlliance.com

MWA Mission Statement:

“This corporation is formed to protect, preserve and promote the wise use of inland waters – lakes, streams, rivers, creeks and the waters and bottomlands of the State of Michigan.”

President’s Report

by Bob Frye

 

Dear Members and Friends of the Michigan Waterfront Alliance,

I hope you are enjoying another Michigan summer!

Did you know that the combined lake frontage of all of Michigan inland lakes is 25,829 miles? This number is found in EGLE’’s Water Quality and Pollution Control in Michigan 2022 Sections 303(d), 305(b), AND 314 Integrated Report 2024 which also has an abundant amount of information regarding Michigan’s top ranking among the lower 48 states’ inland lakes.

This Water Wonderland that we are so fortunate to enjoy needs stronger financial support from our state government, and that is why we were the principal sponsor of the 2024 Lakes Awareness Day held on May 14, 2024. Additional partners included the Michigan Boating Industries AssociationMichigan Environmental Council, Tip of the Mitt Watershed CouncilMichigan Chapter of the North American Lakes Management SocietyMichigan Aquatic Managers Association, and Midwest Aquatic Plant Management Society.

We invited all the Senators, Representatives, Governor, DNR and EGLE staff for lunch at the MWA lobbyist Karoub Associates Governor’s Room located just a stone’s throw from the steps of the Michigan Capitol Building. Discussions were focused on the significance and value of Michigan’s vast inland lake resources and the need to protect them. The turnout from Leadership from the MI Senate, House, EGLE and DNR was exceptional, including Deputy Director of EGLE Travis Boeskel, EGLE Aquatic Invasive Species Coordinator Sarah Lesage, EGLE Unit Director of Wetlands, Lakes, and Streams Amy Lounds, and State Representative Rachel Hood who sits on a number of committees, and is the Vice-Chair of the sub-committee for the Michigan Department of Agriculture and Rural Development/DNR (Rachel suggested that the 2025 Lake Awareness Day theme should be: “Michigan Needs Revenue for Water”). These are just a few examples of the attendees who came to learn how they could help create a mindset shift in our state government from reactionary to protective lake management.

Legislators who have committed to the cause from the 2024 and 2023 Lake Awareness Days and follow up include: Super Legislative Inland Lake Champions Rep. Ken Borton – 105th District, and Rep. John Roth – 104th District. Also, Inland Lake Legislative Champions include: Senator Mark Huizenga -30th District, Senator Sue Shink – 14th District, Senator Roger Victory – 31st District, Rep. Noah Arbit – 20th District, Rep. Jim Haadsma – 44th District, Rep. Natalie Price – 5th district, Rep, Tom Kunse – 100th District, Rep. Jim Runstad – 23rd District, Rep. Cam Cavitt – 106th District, and Rep. Rachel Hood – 81st. District.

Those interested in becoming Inland Lakes Legislative Lake Champions include: Rep. Nancy Deboer – 86th District, Rep. Cam Cavitt -106th District, Rep. Jammie Wilson – 32nd District, Rep. Will Snyder – 87th District, Rep. Joseph Fox -101st District, Rep. Denise Mentzer – 61st District, Rep. Mark Tisdel – 55th District, and Rep. Bradley Slagh – 85th District.

As a follow up to the Lake Awareness Day event, the Grand Hotel on Mackinac Island has joined the partnership and is offering space on the Grand property to present an Inland Lakes Awareness signage display. The display will consist of 5 signs. Please help fund the cost of these permanent outdoor signs! See the line on the donation envelope enclosed in this mailing. Hotel Vice President John Hulett and Marketing and PR Manager Elizabeth Graves are pictured on page 1 with one of our 5 signs.

The MWA continues to meet quarterly with representatives of EGLE and the DNR in the MWA/DNR AIS Task force. The latest news is that a new position, EGLE AIS Coordinator, has been created in EGLE and Cecilia Weibert will fill it. Cecillia was the Aquatic Invasive Species Project Manager · Great Lakes Commission and hopefully will join the AIS Taskforce. One of the largest hurdles the Task Force has is finding funding for AIS law enforcement. Currently the majority of the funding comes from Federal Grants.

Hopefully the growing list of MWA Inland Lakes Champion Senators and Representatives can be used to get “More Money For Water” that would help fund AIS law enforcement.

Be sure to read the following in this newsletter. The MWA Legislative Report by Matt Kurta, our MWA Lobbyist, Wake Boat report by Scott Brown, Marketable Title update by Bill Carey, How you can become a Lake Champion by Scott Brown, Governor Proclamation for Lakes, State-wide Septic Code by Scott Brown, Swimmer’s Itch report by Alex Walters, Save Your Lakes by Ed Highfield, and the MWA participation in the Inland Lakes Convention and how you can attend by Scott Brown.

Also, be sure to signup for the Michigan Waterfront Alliance e-newsletter sent on the 1st and 15th of every month. Just send Scott Brown, scottb1952@gmail.com, your email address!

Click here

to download and read the entire Summer 2024 MWA Newsletter.

Hundreds of Thousands of Dysfunctional Septic Systems Represent a Steadily Escalating Public Health Threat in Michigan

Attributed to the shameful (!) fact that our freshwater inundated Michigan continues to be the only state within the United States of America that has not yet enacted a state-wide law requiring regular septic system inspections and routine maintenance, nearly 300,000 failing septic systems continue to be a major source of e-coli and human feces-laden raw sewage that contaminates our ground water, and in many cases renders the waters of many our lakes, rivers, and streams unfit for total contact water sports such as swimming or snorkeling. The problem in Michigan is illustrated by the fact that the Michigan Department of Environment, Great Lakes, and Energy (EGLE) has thus far identified approximately 200 rivers, lakes, and beaches where E. coli concentration levels are well over the United States EPA limit.

The steadily escalating environmental and public health threat is derived from that fact that approximately 20%, or 280,000 of the estimated 1.4 million septic systems that are widely throughout Michigan are now failing. The issue of failing septic systems has been exacerbated by the fact that many Michigan homes and their now antiquated and often dysfunctional septic systems were built prior to the construction of sewer systems that now serve even the smallest of towns and villages. The significance of the problem in Michigan is also illustrated by the fact that between calendar years 2013 and 2014 an estimated 5.7 billion gallons of untreated sewage from failing septic systems flowed unabated into our inland lakes, river, streams, and groundwater aquifers.

Septic systems, otherwise known as on-site waste water disposal systems, are installed to manage and treat the waste generated by toilets before it reaches ground or surface water. In a properly designed septic system, the septic tank serves to remove larger solids from wastewater. Wastewater that flows out of the septic tank is saturated with contaminants that must be removed before the water can safely be combined with surface and/or groundwater. Public health issues stem from the fact that septic tank effluent contains large concentrations of toxic micro-organisms that make people sick. Moreover, the organic matter present in wastewater effluent creates bad odors, and contains algae growth stimulating nutrients (nitrogen and phosphorus) that are known to have a harmful impact on the aquatic ecosystems of our inland lakes, rivers, and streams. Properly designed septic systems include a disposal field that consists of a mixture of sand, silt, and clay that are often referred to as loamy soils that act to successfully treat bacterial and inorganic compounds. Algae growth stimulating phosphorus that is produced within the household that passes through the septic tank is captured within a properly designed disposal field’s soil.

On-site waste water disposal systems continue to be installed in support of residential and commercial development that occurs in rural settings where sanitary sewer systems are not available. According to Michigan State University Extension, when an on-site waste water disposal system is correctly located, properly designed, carefully installed, regularly inspected and properly maintained, they serve as effective waste disposal systems that are economical and that do not pose a threat to public health or to the fragile ecosystems of surrounding streams, rivers, and lakes.

Michigan’s on-going failing septic system crisis is best exemplified by Kent County where a volunteer only septic system inspection program allows an estimated 11,250 failing residential septic systems distributed throughout the county to leak approximately one million gallons of raw sewage into vulnerable groundwater supplies each day. In inland lake inundated Oakland County, as another prime example, where public health threatening cases of e-coli contamination of rivers and lakes are reported on a more and more frequent basis, and where county officials have yet to establish a program that would mandate regular septic system inspections, approximately 25% to 30% of the 100,000 septic systems located in Michigan’s most affluent county are known to be leaking.

The gravity of the situation is effectively illustrated by the fact that the results of a 2015 field study conducted by Michigan State University researchers on sixty-four Michigan rivers revealed that  concentrations of e-coli that were higher than U. S. Environmental Protection Agency permitted water quality standards. The significance of the issue is amplified by the fact that the Michigan Department of Environment, Great Lake, and Energy (EGLE) reports that approximately one half of Michigan’s thousands of miles of rivers and streams suffer from concentrations of toxic e-coli that exceed minimum water quality standards.

Representing a major environmental and public health issue in Michigan that promises to escalate in significance as increasing numbers of septic systems fail and begin to leak with the passage of time, past efforts to enact legislation that would serve to establish a meaningful statewide standard for how septic tanks are designed, built, inspected, and maintained have sadly disintegrated in the face of arguments suggesting that in addition to treading on individual property rights, regulating septic tanks in a manner that would require regular inspections and maintenance would be too costly for homeowners, over burden county health departments, and as the Lansing-based Michigan Realtors continues to argue, make it much more difficult to sell homes. Sadly, one does not need to have earned a graduate degree in political science from Harvard or Yale to recognize that profit margins appear to be more important in Michigan than achieving and maintaining safe, clean, clear freshwater that is safe to drink and that is safe to swim in~! And, frankly we find this disgusting!!!

It is important to note, however, that Michigan Governor Gretchen Whitmer recognizes the significance of the on-going problem and has declared the week of September 16-20, 2024 as Septic Smart Week that encourages homeowners and communities to inspect and properly maintain their septic systems on a voluntary basis. In an applaudable effort to make low interest loans available to qualifying homeowners, the Michigan Department of Environment, Great Lakes, and Energy (EGLE) has partnered with Michigan Saves, the nation’s first non-profit green bank to offer financing for the replacement of failing or near-failing septic systems statewide through the Septic Replacement Loan Program (SRLP). The program provides low-interest financing options for loans of up to $50,000 to qualified Michigan homeowners seeking to replace their dysfunctional septic systems.

The introduction of Michigan House of Representatives Bills 4479 and 4480 and Michigan Senate Bills 299 and 300 represent the latest effort to remedy the embarrassing fact that Michigan remains the only state in the nation that has not yet enacted a statewide septic code. The proposed common sense-based legislation would mandate routine inspections and essential maintenance for all septic systems. If passed into law, the bills would also establish a database for inspections, a certification system for inspectors, and a technical advisory committee to provide recommendations for septic system management. Sadly, pro-active efforts sponsored by well-funded Lansing-based lobbyists have thus far prevented the important legislation from moving forward in both the Michigan House and Senate.

For more information on how failing septic systems are capable of degrading our precious freshwater resources, visit the U. S. EPA’s web page entitled “How Your Septic System Can Impact Nearby Water Sources” . The always wise inland lakes preservation focused folks from northwest Lower Michigan’s Glen Lake Association have also created a septic smart webpage that contains valuable information regarding the proper maintenance of septic systems.

Common Sense Inland Lake and Inland Lake Residential Community Friendly Legislation that Desperately Needs Your Pro-Active Support to Pass

Contact Your State Representative or State Senator Today!

To find the name and contact info for

your state representative:

click here

 

To find the name and contact info for

your state senator:

click here

 

House Bill 5532

Sponsored by Representative Julie Rogers (D-Kalamazoo), if passed into law, House Bill 5532 would establish a basic operational framework for where wake boats can operate without damaging sensitive inland lake ecosystems.

The language of the bill would require wake boat operators to stay at least 500 feet from shore and in waters of at least 20 feet in depth when engaged in enhanced wake sport mode.

 

MI Senate Bill 299 & 300 / MI House Bill 4479 & 4480

House Bills 4479 and 4480 and Senate Bills 299 and 300 were proposed in response to the sad fact that Michigan remains the only state in the nation that does not have a statewide septic code. The proposed legislation would mandate routine inspections and essential maintenance for all septic systems. If passed into law, the bills would also establish a database for inspections, a certification system for inspectors and a technical advisory committee to provide recommendations for septic system management.

MWA Legislative Issues Update – Winter

Last August, Governor Whitmer outlined her priorities for the fall, when the Legislature returned to session after a two-month summer recess, in anticipation of a limited period of time remaining in 2023 with full Democratic control of state government.  The Michigan Legislature responded with a flurry of legislative activity before adjourning for the year effective November 14, including enactment of a comprehensive energy and climate package aimed at reducing greenhouse gas emissions and increasing renewable energy development.

On Election Day in November, Democratic Representatives Lori Stone (D-Warren) and Kevin Coleman (D-Westland) won elections to become Mayor of their respective hometowns.  Both legislators have resigned from the House to begin serving in their new roles, temporarily stripping Democrats of their previous 56-54 majority in the Michigan House.

The partisan composition of the House now stands tied at 54-54 and will remain tied until these two vacancies are filled. Governor Whitmer has called special Primary and General Elections, to take place on January 30th, 2024 and April 16, 2024.  As both seats are overwhelmingly Democratic in terms of their partisan base composition, they are anticipated to be filled by new Democratic legislators who would return Democrats to the majority in the House shortly after April 16.

In the meantime, Rep. Joe Tate (D-Detroit) continues to serve, as Speaker of the House and Democrats  continue to maintain majority control of committees, legislation cannot move on the House floor without bipartisan support.  So, as we enter an unprecedented period in Michigan political history, it appears that legislative activity may temporarily slow down until both vacancies are filled as we enter another election season.

On the policy front, we will continue to work with the Whitmer Administration and key legislators to urge consideration of a comprehensive, holistic approach to inland lakes water quality management.

Matt Kurta, Karoub Associates

Legislation Intended to Help Mitigate the Harmful Impact of Wake Boats Introduced to the MI State House of Representatives

by Scott Brown

Introduced by Michigan State House 41st District Representative Julie Rogers (D) of (Kalamazoo), if passed into law, MI House Bill 5532 would restrict the operation of powerboats operating in wake sport mode in a manner what will help to minimize their risk of endangering swimmers and other passive water resource users, and also help to mitigate their potentially harmful impacts on shorelines, docks, and on fish and wildlife. If passed by both the MI State Senate and House, and signed by Governor Whitmer, the language of House Bill 5532 would restrict the operation of wake boats to distances of 500 feet or more from a shoreline or dock, and to water depths of 20 feet or more.

The introduction of MI House Bill 5532 on Wednesday, February 28 with bi-partisan support comes in response to the significant findings of Michigan Department of Natural Resources Fisheries DIvision Report 37 dated September 2022 and entitled Wake boats: concerns and recommendations related to natural resources management in Michigan waters.

Representing a comprehensive scientific literature review, MI DNR Fisheries Division Report 37 found that wake boats are capable of producing waves possessing 1.7 to 17 times the energy of other comparable-sized powerboats, and that their specially designed propellers are capable of generating enough turbulence to resuspend bottom sediments in water depth of up to 33 feet. The report also found that the exceptionally large waves generated by wake boats take between 225 to 950 feet in order to dissipate to heights and wave energies that are observed only 100–200 feet away from similarly sized conventional watercraft operating at cruising speed.

Readers should know that the leadership of Michigan Waterfront Alliance has been working in close coordination with our Lansing-based lobbying firm Karoub Associates in advocating for the introduction of legislation designed to mitigate the harmful impacts of wake boats for the past two years. Michigan Waterfront Alliance views the introduction of MI State House Bill 5532 as a significant step in finally enacting a state law that will act to safeguard swimmers, and other passive lake users as well as help to protect the vulnerable freshwater ecosystems of Michigan’s vast treasure of inland lakes.

To download a copy of MI DNR Fisheries Division Report 37, click here

To find out who serves as your MI State Representative, click here

To download a comprehensive scientific literature review-based assessment of the harmful impacts of wake boats, click here

Michigan Waterfront Alliance Wake Boat Resolution

WHERE AS, Michigan’s glacier formed landscape is graced with over 11,000 inland lakes; and, the majority of said lakes being defined by healthy freshwater ecosystems as indicated by the existence of clear, sunlight inundated waters, highly beneficial native aquatic plant communities, and diverse populations of invertebrates, fish, amphibians, reptiles, and waterfowl; and

WHERE AS, healthy inland lake ecosystems provide a wide array of valuable economic and ecological services that are recognized for the vital role they play in helping to foster and sustain the growth and development of Michigan’s increasingly freshwater resource dependent economy, and culture; and,

WHERE AS, one of the most important services that inland lakes provide to millions of Michigan citizens and visitors is the opportunity to engage in popular water‐borne recreational activities such as swimming, fishing, kayaking, canoeing, jet skiing, power boating, and water skiing; and

WHERE AS, a dramatic increase in the popularity of enhanced wake dependent water sports that are enabled by wake boats designed for the sole purpose of generating wakes that are defined by kinetic energy levels that greatly exceed those that are produced by wind, and/or conventional watercraft have gained the attention of state and local government officials, law enforcement agencies, and the news media; and, the results of several peer reviewed scientific studies that have explored the physics of the high energy wakes created by wake enhanced boats, and the nature and scope of their potential impact on aquatic ecosystem have demonstrated that the recent surge in the number of wake boats operating on the inland lakes of Michigan are likely responsible for rendering a destructive array of adverse ecological impacts; and, wake boat generated high energy wakes created in-close-proximity to shore, and/or within shallow areas of inland lake basins are not allowed the distance, time, and/or depth necessary for their extraordinarily high kinetic energy levels to dissipate before disturbing vulnerable benthic habitat, and/or having an adverse impact on both natural and developed shorelines; and, the jet engine‐like turbulence generated by the four blade, large diameter propellers of wake boats are capable of scouring lake beds in depths in excess of sixteen feet; and,

WHERE AS, wake boats operating in areas of inland lakes defined by depths of less than thirty-three feet are known to induce high volume sediment resuspension that contributes to increases in phytoplankton (algae) production, increased turbidity, decreased water clarity, inhibition of aquatic plant growth, loss of fish habitat, and overall degradation in water quality; and, in addition to causing damage to docked watercraft, piers, and other forms of shoreline infrastructure, high energy wakes generated by wake enhanced watercraft operating within 500 feet of shore are capable of endangering kayakers and swimmers, of rendering significant damage to natural shorelines that serve as a protective buffer, and provide life sustaining habitat for fish, aquatic animals, and waterfowl; and high energy wakes created by wake boats within 500 feet of shore are known to be capable of causing accelerated rates of shoreline erosion that leads to high volume sediment deposition and accumulation that results in degradation of fish spawning habitat, loss of fish foraging habitat, and a significant reduction in the capacity of inland lakes to support diverse recreational opportunities; and, wake boats that are towed from lake‐to‐lake by their owner/operators are equipped with high volume ballast water tanks that significantly increases the risk of introducing new exotic invasive aquatic plant and animal species to unaffected lakes; and,

WHERE AS, considering the steadily increasing number of wake boats operating upon the waters of inland lakes, current State of Michigan laws pertaining to the safe operation of watercraft as it applies to the generation of high energy wakes are now outdated; and,

WHERE AS, the scientific research-based conclusions of State of Michigan Department of Natural Resources Fisheries Report 37 entitled “A Literature Review of Wake Boat Effects on Aquatic Habitat” dated July 2023 serves to reaffirm the veracity of the science-based facts that form the basis of this document; and,

WHERE AS, Michigan Waterfront Alliance (MWA) is a 501 (C) (4) non‐profit organization dedicated to contributing to the enactment of state laws and natural resource management policies that help preserve, protect, and/or promote long‐term sustainable use of Michigan’s vast treasure of high-quality freshwater resources; and,

NOW THEREFORE BE IT HEREBY RESOLVED THAT the Michigan Waterfront Alliance supports the commendations of MDNR Fisheries Report 37 dated July 2023 and shall commit to working with the Governor and the legislature of the State of Michigan to promulgate revisions to inland marine operating laws in regards to wake boats in a manner to help ensure the safety of people engaging in passive recreational pursuits such as swimming, kayaking, and fishing, and to further protect the natural shorelines, shoreline property, and vulnerable inland lake ecosystems of this great state.

Exotic and Highly Invasive Round Goby Represent a Clear and Present Threat to the Reproductive Potential of Native Fish Populations

by Scott Brown

Introduced to the North American Laurentian Great Lakes region in the late 1980s or early 1990s via the ballast water of a trans-oceanic freighter that had entered our freshwater inundated region via the St. Lawrence Seaway, round goby (scientific name: Neogobius melanostomus) are a highly adaptive, rapidly reproducing bottom dwelling fish that is native to the Black and Caspian Sea region. Capable of thriving in a wide range of salinity levels as well as in freshwater ecosystems, the highly invasive round goby often grows to lengths of over seven inches, and are capable of achieving body weights of up to three ounces.

Since their inadvertent introduction to the Great Lakes region nearly forty years ago, exotic invasive round goby have successfully invaded each of the Great Lakes as well as many of their major tributary rivers and streams. Round goby were also recently discovered in at least one of upstate New York’s Finger Lakes in addition to eastern New York state’s Hudson River. Moreover, several of Michigan’s well known large inland lakes have also undergone successful invasions by the pesky aquatic invader from Eurasia.

Characterized by voracious appetites, round goby aggressively feed upon aquatic insects, snails, and it is most important to note, large volumes of the developing eggs of native fish. Species such as largemouth and smallmouth bass, bluegill (photo), redear sunfish, and pumpkinseed, keystone species in most of the moderately productive inland lakes of Michigan, that create gravel and stone layered spawning nests with their fins in mid-to-late spring are particularly vulnerable to having their eggs eaten by the hyper-aggressive exotic invader.

MI Senate Bill 662 Introduced in Order to Diminish the Responsibility of Michigan County Governments to Maintain ‘Normal’ Inland Lake Levels as Currently Required by Part 307 – Inland Lake Levels – of the MI Natural Resources and Environmental Protection Act 451 of 1994

Introduced in order to amend Part 307 – Inland Lake Levels – of the Michigan Natural Resource and Environmental Protection Act 451 of 1994 in a manner that opponents to the legislation suggest would effectively diminish the current level of responsibility of county governments to take action to either raise or lower lake levels, as appropriate, to ‘normal’ levels as defined by Part 307.

Part 307 currently states that “normal level means the level or levels of the water of an inland lake that provide the most benefit to the public; that best protect the public health, safety, and welfare; and that best preserve the natural resources of the state.”

Opponents of the legislation also suggest that ‘normal’ lake levels need to be maintained under existing law in order to prevent higher lake water levels from causing severe shoreline erosion and/or flooding, and to prevent lower lake levels from diminishing the capacity of a particular lake to support recreational boating and other water-borne activities. Those rising in opposition to passage of the legislation also suggest that giving county government more leeway in maintaining lake levels would inherently increase the threat of erosion, flooding, dam failures, or lake use limitations, and inherently cause a decrease in inland lake real estate values.

Those opposed to Senate Bill 662 also suggest that the controversial legislation was introduced in response to the fact that the MI Supreme Court recently upheld a unanimous decision by the MI Court of Appeals that found that the Roscommon County Board of Commissioners had in fact failed to properly maintain “normal” lake levels on Higgins Lake as required by law under the auspices of Part 307.

In addition to diminishing the overall responsibility of county governments to maintain ‘normal’ lake levels as defined by Part 307, legislation that effectively increases the likelihood that one or more of the many structurally compromised dams that currently exist in Michigan may collapse under the force of substantially high lake levels is not only ill advised but totally irresponsible. One only need to think back four years to the Edenville Dam collapse and the subsequent demise of Sanford Lake to know that legislation that allows county government to dodge their responsibility to monitor and maintain lake levels should be handily defeated!

Our readers should know that the Michigan Waterfront Alliance Board of Directors recently passed a motion that ardently opposes the passage of Senate Bill 662.

To download and read MI Senate Bill 662 as introduced, click here