In a recent issue of the Riparian Magazine, attorney Clifford Bloom wrote an article about threats to riparians in Michigan. Since not all lake residents receive the magazine we thought his view on this matter was worth repeating. Attorney Bloom is one of the most respected authorities on riparian law in Michigan and contributes an article in each issue of the Riparian Magazine. Some of the issues he comments on are not relevant to our community so we left them out to save space.

THE TOP ELEVEN THREATS TO RIPARIANS

by: Clifford H. Bloom

Law, Weathers & Richardson, P.C.

Grand Rapids, Michigan

11. The "Every New Toy" Effect.

Overcrowding on lakes and excessive powerboat usage are becoming big problems for many lake communities. While it is difficult to argue that one lake activity is "better" or should have priority over others, it is a physical fact that activities associated with power boats (including personal watercraft), water-skiing and high speed boating tend to "crowd out" all other lake activities on a large portion of a lake—fishing, canoeing, kayaking, sail boating, and swimming out away from shore. This problem has been exacerbated by the advent of smaller, more affordable (and more easily launched) high speed watercraft such as personal watercraft and smaller molded speed boats. As technology progresses, new motor powered "toys" (such as hydrofoils) will become more common. One can only imagine what new generation of speed boats, air cushion vehicles and jet boats will appear in the future!

10. Water Diversion.

This is an area that we have little concern for. This applies mainly to industrial use.

9. Improper Storm Water Runoff and Failing Septic Systems.

These problems are pretty much self-explanatory. Although there are many potential solutions to these problems, riparians must become actively involved at both the local and county level to effectuate such solutions.

8. Failing to Elect Local Government Officials Who are "Pro-Lake."

Never underestimate how effective a local municipality (a township, city, or village) can be in protecting its lakes if progressive people are elected to the governing body. The impact on lakes (whether positive or negative) can be dramatic. Local governments can pursue pro-lake policies through a progressive zoning ordinance and master plan, storm water runoff ordinance, dock and boat launching ordinance, environmental committees, and conservation policies. Unfortunately, in some townships with lakes, it is difficult to elect pro-lake officials since the majority of riparian property owners are not residents (and hence, are not local registered voters) and nonriparians on the township board are not particularly sympathetic to lake issues. In other townships, riparians have no such excuse—in many townships, there are sufficient riparian voters to be able to elect township boards comprised entirely of pro-lake people, but that does not occur due to apathy among riparians.

7. Lack of Effective Local Zoning Regulations.

Many townships still do not have anti-funneling regulations in their local zoning ordinances, or even any zoning at all. Proper zoning and planning policies and regulations are essential for the protection of lakes and watersheds. Seeing to it that the local municipality has the tools necessary to reasonably regulate development should be a high priority for lake associations.

6. Cluttered Public Road Ends.

We are lucky that we do not have this problem to contend with. Diligence by all riparians will help keep the problem a non existent one.

5. Invasive and Alien Species.

Zebra mussels, Chinese carp, purple loosestrife, lamprey eels, Eurasian milfoil and the insect attacking Michigan’s ash trees—these are just a few of the alien species which have found their way to Michigan through ballast water in ships, landscaping shipments and other means of travel. To date, federal and state efforts to eradicate these, and prevent future introduction of others into Michigan’s environment have been tepid at best.

4. Urban Sprawl.

Many of Michigan’s lakes are located in rural or semi-rural areas. Urban sprawl not only hastens the over-development of lakes, but also causes severe overcrowding in the areas and watersheds around lakes. Unlike many other populous or industrialized states, Michigan has very few development controls in place at the state level and is considered quite "developmental friendly." In order to effectively combat (or at least get a handle on) uncontrolled sprawl and the alarming loss of farmland and open space, the Michigan Legislature will have to enact effective sprawl-busting tools such as laws authorizing impact fees (requiring developers to pay for their infrastructure needs and to minimize problems which their developments cause), transfer of development rights (also known as "TDRs," a market-based approach), full funding for purchase of development rights programs ("PDRs") and eliminating property taxation on true agricultural lands. For years, many developmental and real estate interests have vigorously fought such proposals and have effectively blocked any state-wide legislation to implement these tools. Unfortunately, the Michigan Land Use Council appointed by Governor Granholm failed to forcefully advocate the adoption of these needed tools, but instead concentrated on consensus-building "soft" approaches which will likely have limited impacts on sprawl. Worse yet, if only portions of the Council’s recommendations are adopted into law (such as the loss of local control and taking away the ability of local municipalities to require large minimum lot size requirements) without forcing corresponding concessions from the development community (such as the authorization of TDRs and impact fees), the rate and intensity of urban sprawl could actually be increased.

3. Preemption/Loss of Local Control.

Although state politicians often sing the praises of local control, it is amazing how many of them frequently vote to take away local control by legislation which "preempts" or precludes regulation and solutions at the local government level. Unfortunately, when the state takes away local authority in certain areas, there is frequently very little, if any, oversight of the area involved by state officials or agencies. Local control has been taken away (or severely restricted) in many areas which directly affect lakes including wetlands protection, oil and gas wells, huge industrial livestock operations, public schools in the vicinity of lakes, and mobile home parks at or near lakes. A recent bill introduced in the Michigan House would probably take away most local authority over lake access regulations. This atrocious piece of proposed legislation would, if enacted in its present or similar form, likely invalidate hundreds of local government ordinance provisions around Michigan which regulate docks, boat moorage, "funneling" and similar lakefront activities and structures.

2. Lobbying/Lack of Clout.

Developers, marina operators, boat manufacturers and others who would potentially overdevelop and exploit our lakes in Michigan are very well organized, at both the local government level and in Lansing. Backlotters are becoming more organized and will undoubtedly further hone their lobbying skills in the future. Unfortunately, riparians as a group have been somewhat politically apathetic in the past. This is changing through the efforts of organizations like the Michigan Waterfront Alliance ("MWA"), but much more needs to be done.

1. Apathy.

Few people would probably disagree that this will be the biggest problem that will face riparians over the next decade. In the past, riparians have been somewhat of a "sleeping giant" in Michigan. While a few riparians have been actively involved in lake stewardship (both at their local community level and state wide), the overwhelming majority of lakefront property owners in our state have been apathetic and uninvolved. In order to protect our lakes over time, that must change.

1. Fresh flowers: put a drop or two of bleach or mouth wash, roses like vodka.

3. Tall plants need heavier soil to keep them from tipping over.

You can use packing popcorn or broken Styrofoam blocks instead of stone in the bottom of the pots.

To: Baldwin Lake Association members,

It is with great regret that I have to resign as chairperson of the social committee due to health reasons. I did this job for ten years and enjoyed every minute! I met so many wonderful people and now have lasting friendships that I cherish.

I have also been district advisor for the last ten years. I must resign from this position as well.

I thank everyone for all their help—especially the Henke’s, Conte’s, Sicko’s and the Linzy’s. Thank you to all who came to the Christmas dances, picnics and other events. We always had a lot of fun.

There are a lot of young people out there with great ideas. I know there is someone special out there to take my place and I know will do a great job!

Thank you,

Carol Morris