News

by Scott Brown

Occurring in response to gradually warming waters that reach 55° F (12.7° C), and increasing periods of daylight that occur with the onset of spring, the male of most members of Family Centrarchidae species, including bluegill, red ear sunfish, white and black crappie, and largemouth bass create spawning nests by utilizing their caudal fin to form deep circular depressions in the substrate. Male and females of the particular species then engage in a courtship dancing ritual that (hopefully) leads to the female depositing her eggs into the nest that the male has created.

It is important to point out that while the role of the female is restricted to depositing eggs, in addition to fertilizing the female’s eggs, males assume multiple roles that require relatively long-term involvement in the reproductive process such as frequently fanning the nest to prevent sediment from smothering the eggs, and aggressively protecting the eggs and fry by keeping potential predators away from their nest.

Created in areas of the substrate in depths of five feet or less, the nests are formed in areas of the substrate hosting large quantities of stone and gravel situated in close proximity to the protective cover and prey provided by submerged macrophyte communities. The narrow spaces between the stone serve to provide a modicum of protection to the eggs and tiny fry from predation, and from wind and watercraft generated perturbations.

Conservation-minded boaters can help protect the reproductive efforts of their lake’s fish by completely avoiding areas of the lake hosting fish nests, or by proceeding at a very slow operating speed in areas of the lake characterized by water depth of up to five feet. Operating at a slow speed in shallow areas may also contribute to preserving the water clarity of the lake by preventing high volume resuspension of bottom substrates.

Our readers should keep in mind that 2022 is a local, state, and federal election year. This year’s election is scheduled to be held on Tuesday, November 8th. Several controversial bills introduced in the past year, including legislation that would effectively strip local governments of the authority to issue gravel mine permits; and ban local governments from adapting, and/or enforcing zoning ordinances that would have the effect of prohibiting short term rentals are not likely to be acted upon in an election year where incumbent members of Michigan’s House and Senate are reluctant to vote yes on legislation that may cost them votes on election day. Although corporate supporters of the legislation continue to pro-actively support passage of House Bill 4722 and Senate Bill 1210, the state legislature is unlikely to consider either of the bills until a new session is called to order in January 2023 – well after the election.

If passed into state law, Senate Bill 991 would:

• Prohibit the installation of an underground storage tank within 2,000 feet of an existing Type I community or Type II (a) non-community public water well
• Within 800 feet of an existing Type II (b) or type III non-community public water well
• Within 300 feet of any other type of well not described 3 in subdivision (a) or (b).

If passed into state law, Senate Bill 1210 would:

• Strip local governments of the authority to issue gravel mine permits
• Give permitting authority to the Michigan Department of Environment, Great Lakes, and Energy (EGLE)
• In the vast majority of cases, EGLE would be required to issue the permits even if local governments and residents oppose new mines
• set no limits on hours of operation for gravel mines, and they would be allowed to operate within a block of schools, churches, or existing neighborhoods

If passed into state law, House Bill 4722 would:

• Ban local governments from adopting or enforcing zoning ordinances that “have the effect of prohibiting short-term rentals,” which are defined as a single-family home or unit available to rent for less than 30 consecutive days
• Allow local governments to limit an owner or ownership group to as little as two short-term rental properties
• Allow local governments to limit the total number of short-term rentals to 30 percent of all residential units
• Allow local governments to regulate and inspect short-term rental units for noise, advertising, traffic or “any other condition that may create a nuisance.”

To track the current status of legislation pending action by the

Michigan Senate Environmental Quality Committee, click here

Your individual, association, or corporate membership in Michigan Waterfront Alliance

will help ensure the continuation of our on-going efforts to:

Protect our extraordinary freshwater resources by working on a day-to-day

collaborative basis with the Michigan Department of Natural Resources (DNR),

and the Department of Environment, Energy, and Great Lakes (EGLE)…

File amicus briefs with the Michigan Supreme Court in cases whose outcomes

carry the potential to adversely impact riparian rights, or public policies that

effectively serve to help preserve and protect Michigan’s water resources…

Increase State of Michigan funding of programs designed to prevent new exotic

aquatic invasive species introductions, and to improve our state’s collective ability

to manage the destructive array of exotic aquatic plants and animals that already

exist in many of our wetlands, lakes, rivers, and streams…

Protect and preserve Michigan’s extraordinary inland lakes by pro-actively

supporting the mission, goals, programs, and events of unique public/private

collaborative efforts such as the Michigan Inland Lakes Partnership, and

the Michigan Natural Shoreline Partnership…

Prevent new introductions of exotic aquatic invasive species and improve

management of existing infestations by working on a collaborative basis

with Michigan’s regional Cooperative Invasive Species Management Areas…

Improve the knowledge of our state legislators in regards to the overall importance

of the enormous on-going contributions that our freshwater resources make to

Michigan’s economy…

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to become a member of

Michigan Waterfront Alliance

The Michigan Waterfront Alliance (MWA) Board of Directors recently voted to file an amicus brief in a case pending with the Michigan Supreme Court where the core issue pertains to the legal question of whether private citizens can use the Michigan Natural Resources and Environmental Protection Act (MNREPA) to judicially review EGLE (Department of Environment, Great Lakes, and Energy) permitting actions. The following quote from MWA Attorneys-at-Law Dane Carey and Bill Carey serves to explain the primary issue in this case very well:

“The MWA has a unique and compelling amicus position to present. MWA is in a sincere position to advocate on the public trust position based upon its prior experiences with EGLE. MWA has worked for several years now to lobby EGLE from negligently introducing AIS into Michigan lakes. The results of the lobbying have not been too successful. MWA, in its amicus argument, can, in good faith, represent to the Supreme Court that the MWA has tried and failed administratively to convince EGLE that its actions are MNREPA (Michigan Natural Resources Environmental Protection Act) violations. We need to therefore be able to have a legal theory (public trust thru MNREPA) to sue EGLE to obtain relief.”

The disregard for the now well-known significant potential for the spread of exotic aquatic invasive species by the Michigan Department of Natural Resources (DNR) is illustrated in the permitting process of a new public boating access site on Eagle Lake (located in southwest Michigan near Edwardsburg) where an administrative law judge agreed with the DNR that is not responsible for preventing new introductions of aquatic invasive species at its newly permitted public access ramp now planned for Eagle Lake. The position of the DNR in the Eagle Lake matter shows the failure of senior DNR leadership officials to take responsibility for protecting the Public Trust as it pertains to Michigan’s lakes and streams.

If the outcome of the filing of this amicus brief is successful, and the Michigan Supreme Court rules that citizens can use MNREPA as the basis for filing a court case it would truly be a game changer, and a great boost to our on-going erstwhile efforts focused on protecting the public trust, and our water resources.

The legal fees for filing an amicus brief in this important case are estimated to be approximately $15,000. The MWA Board of Directors recently voted to start a goal-specific fundraising effort. Our goal is to raise the $15,000 cost of filing this important amicus brief in addition to regular membership dues.

Given the importance of the issue at hand, Michigan Waterfront Alliance asks that you consider giving generously!

>>> Click here to donate <<<

Your generous donation will help support

our effort to defend our water resources in the

Michigan Supreme Court

The recently released summary of the findings of a bi-national fish study conducted on Lake St. Clair serves to emphasize the critical role that wetlands and other natural shoreline features play in promoting and sustaining healthy freshwater fish populations. Focusing on relatively small fish such as minnows, bluegill, and sunfish as well as the young of species such as largemouth and smallmouth bass that ultimately mature into much larger fish, the Collaborative Lake St. Clair Fishery Assessment was conducted by fisheries biologists from the Michigan Department of Natural Resources, Ontario Ministry of Northern Development, Mines, Natural Resources and Forestry, and the U. S. Fish and Wildlife Service. The primary goal of the study was to help fisheries biologists understand how many of the small fish exist within the lake, and to also identify exactly what type of shoreline habitat serves to promote their abundance. The most important finding of the study is indicated by the fact that the keystone fish were found to be ten times more abundant in areas of the lake featuring nearshore and shoreline habitat consisting of wetlands, and other natural features in comparison to more urbanized areas on the Michigan side of the lake where shorelines now consist primarily of steel seawalls, piles of rock and concrete, and other forms of artificial shoreline armoring.

Even though Lake St. Clair possesses a surface area of only 430 square miles it is considered to be an important bi-national resource due to the fact that it is connected to Lake Huron by the St. Clair River, and to Lake Erie by the Detroit River, and is therefore considered one of the busiest waterways in the world due to the fact that 5,000 ships transit the lake each year on their way to and from commercial ports located within the expansive Great Lakes, and to locations far beyond the region via the St. Lawrence Seaway.

It is also important to note that Lake St. Clair’s remaining coastal wetlands, located primarily on the Ontario side of the lake, also provide critical habitat to a diverse array of fish, reptiles, migratory birds, and amphibians. The large inland lake also provides an array of highly valuable ecological, recreational, and commercial benefits, including drinking water, to millions of people who live on or near the lake in southeast Michigan and southern Ontario.

Conducted on both the Michigan and Ontario sides of Lake St. Clair, fisheries biologists deployed fyke nets at 110 locations around the lake in areas defined by both hardened and natural shorelines, and recorded both the quantity and type of fish that swam into the nets. Reporting the findings of their study within the context of a written summary recently submitted to The Detroit News, the fisheries biologists wrote that “the overall fish catch rate was 10 times higher on the Canadian side of the lake, likely related to better nearshore habitat.” In sharp contrast to hardened shorelines comprised of seawalls or piles of concrete, natural shorelines and nearshore habitat comprised of emergent, floating, and submerged aquatic plants such as cattails, bulrush, water lilies, and pondweeds provide small fish such as bluegill and young bass with an ideal habitat within which to forage for abundant aquatic insects, protection from predation, and an ideal habitat for spawning and supporting young fish.

To learn more about the multi-faceted benefits of preserving, and/or restoring natural shorelines, visit the Michigan Natural Shoreline Partnership at https://www.mishorelinepartnership.org/ .

Introduced by Rep. Sarah Lightner, R-Springport Township, and passed by the Michigan House of Representatives by a margin of 55-48 this past spring, House Bill 4722 would act to severely limit the authority of local units of government to regulate short term rentals. The primary language of the bill indicates that “a local unit of government shall not adopt or enforce zoning ordinance provisions that have the effect of prohibiting short-term rentals.” Compromise language in the bill would allow local units of government limited authority to oversee short term rentals in instances where local noise and traffic ordinances are violated due to significantly increased numbers of summer vacation season short term renters. Local units of government would also maintain the authority to set limits on the number of available short-term rentals, as long the established limit is not less than 30 percent of existing residential units in the municipality.

Supported by the Michigan Realtors and the Mackinaw Center for Public Policy, if passed by the Senate, and signed by Governor Whitmer, the legislation would allow a large number of local home owners to rent their property on a short term basis via services like Airbnb to summer vacationers. Arguing that local units of governments lead by duly elected officials are in the best overall position to determine a particular community’s suitability to allow short term rentals, the Michigan Municipal League and the Michigan Association of Planning are adamantly opposed to the legislation. House Bill 4722 has been referred to the Michigan Senate Committee on Regulator Reform, and is pending further action by the Michigan Senate.

Legislation passed by the Michigan Senate this past June which would deprive local units of government of the capacity to issue permits, and to otherwise regulate gravel and sand mining operations is pending action by the Michigan House of Representatives. SB 431 would make the Michigan Department of Environment, Great Lakes, and Energy (EGLE) responsible for issuing permits for gravel and sand mining operations, and would also require EGLE to assess fees on sand and gravel products for the purpose of funding the need for the agency to monitor, administer, and enforce mining operation regulations. If passed, the legislation would also make EGLE ultimately responsible for taking action if a particular mining operation presented an imminent danger to public health and safety, or pose a threat to the local environment.

The controversial legislation is supported by the Michigan Aggregate Association who indicates that the legislation is necessary to help ensure ample supplies of sand and gravel that are used extensively in highway construction projects. The legislation is opposed by the Michigan Townships Association, Michigan Municipal League, Michigan Association of Counties, Michigan Association of Planning, Southeast Michigan Council of Governments, Michigan Environmental Council, and the Michigan League of Conservation Voters who argue that the legislation unnecessarily deprives local officials of the ability to issue permits, and to pass and enforce common sense local ordinances intended to help ensure the aggregate mines are operated in a manner that protects the environment, and the health and safety of local citizens.

Article and Photos by Bill Gebo
Vice-President
Sanford Lake Association

On May 19, 2020, four dams that created four large lakes on the Tittabawassee River system failed, draining or severely reducing the level of all four lakes and flooding hundreds of homes on the lakeshores, and in the city of Midland.

While this was big news across the state, and nationally, at the time, the people of the area have been living with the aftermath of this disaster for the last 18 months. After the initial cleanup, much work has been done to stabilize the dams in preparation for them to be rebuilt in order to restore the lakes. Residents of the four lakes have focused their efforts on this through the four lake associations and an organization named the Four Lakes Task Force. The Four Lakes Task Force is the Authority delegated by the Counties of Midland and Gladwin to manage the debris cleanup and the stabilization and reconstruction of the dams.

Along with the physical work involved, much discussion has taken place between representatives of the Four Lakes Task Force, together with the lake associations, and the offices of numerous state legislators. These local representatives have been requesting that the state legislature enact legislation to improve dam safety and provide funding for dam restoration and repair. There are currently four bills in both the state House and Senate dealing with these issues. In addition, there is MI Senate Bill 565 that includes money for dam repair along with funding for other water related infrastructure upgrades including failing septic systems, and lead water pipe replacement.

The lake associations of the four lakes support and manage the website RestoreTheLakes.org. The website is designed as a tool to help residents of the four lakes communicate with their elected officials about their desire to have the lakes restored. The website contains a summary of the issues that lake residents should want to communicate to state legislators. It also has lists of various officials, along with their office, and email and postal addresses. Example letters and information points are also included. These letters and information points are periodically updated as legislation moves through the state House and Senate.

Editors Note: The Officers and Directors of the Michigan Waterfront Alliance (MWA) wholeheartedly support MI Senate Bill 565, and all currently pending legislation that seeks to appropriate funding to enable the repair and restoration of not only the Tittabawassee River dams mentioned in the article above but to also restore hundreds of dams distributed throughout Michigan that due to their age, and/or deficient design are known to be in imminent danger of catastrophic failure.

It is also important to note that in addition to providing funding allocated to dam repair and/or restoration, MI Senate 565 also provides much needed funding to help protect and promote clean drinking water such lead pipe replacement, to fund the repair or replacement of failing septic systems, to provide clean water infrastructure grants, to fund wetlands mitigation grants, and to provide PFAS remediation grants.

The passage of Senate Bill 565 is critical to helping to ensure a safe and viable future for hundreds of Michigan communities and millions of our fellow citizens! MWA therefore encourages all of our readers to to reach out to their respective State Representatives and Senators in order to express their support for this critical legislation. Readers can find their State Senators by clicking here ; and their State Representatives by clicking here .

Attributed in large part to the fact that Michigan is the only state that does not require regular septic systems inspections, and that only eleven out of eighty three counties in Michigan have established local regulations that require regular septic systems inspections, hundreds of thousands of failing septic tanks in Michigan are acting as a major source of e-coli and human fecal bacteria laden raw sewage that contaminates ground water, and renders the waters of many our lakes, rivers, and streams unfit for total contact water sports such as swimming or snorkeling. The steadily escalating environmental and public health associated problem is derived from that fact that approximately 20%, or 280,000, of the 1.4 million septic tanks that were constructed in the 1950’s and 1960’s throughout Michigan in order to enable the use of indoor toilets that served as much needed replacement for the “outhouses” that were once a common site on millions of family farms in America, are now failing. The problem has also been exacerbated by the fact that many Michigan homes, and their now severely antiquated septic systems were built prior to the construction of sewer systems that now serve even the smallest of towns and villages.

In Kent County, for example, where the health department has only a volunteer septic systems inspection program in place, an estimated 11, 250 failing residential septic systems distributed throughout the county 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 also yet to establish a program that would mandate regular septic system inspections, approximately twenty-five to thirty percent of the 100,000 septic systems located in Michigan’s most affluent county are known to be leaking. The gravity of the situation is also effectively illustrated by the fact that the results of a 2015 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 also 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 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 have established 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 in order to help minimize their capacity to pollute Michigan’s freshwater treasures would be too costly for homeowners, over burden local health departments, and make it more difficult to sell homes.

It is important to note that Michigan Governor Whitmer recognize the significance of the problem and accordingly, declared the week of September 20-24, 2021 as Septic Smart Week  that encouraged homeowners and communities to properly maintain their increasingly vulnerable septic systems. While it is not very likely that the Michigan state legislature will overcome its concerns for treading on individual property rights, and act to pass a statewide standard for effectively regulating septic systems anytime soon, both Governor Whitmer and Senator Jon Bumstead have proposed dedicating $35 million of this year’s state budget to enable the establishment and funding of an MDEQ administered program that would make low interest loans available to homeowners seeking to repair, replace, or eliminate leaking residential septic systems.

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.