New legislation on Great Lakes beach grooming...

Beach grooming activities have been going on for years and legislation to regulate them has been introduced and negotiated just as long.  Senator Tom Casperson (R-Escanaba) introduced this legislation to assert basic protections of private property rights and create a long-term approach to issues of keeping Michigan shoreline clean and free from invasive vegetation, such as phragmites.  The new legislation will allow land owners to take the lead in cleaning their beach areas, while still respecting the role of the DEQ and providing them guidance with respect to non-beach grooming activities such as constriction projects, digging of channels or dredging below the regulatory watermark.  The legislature’s intent is to provide that delicate balance between property owner rights to allow for enjoyment and use of their beaches and help control the spread of invasive species while making sure that sensitive coastal wetland areas are preserved.

The Legislation passed with broad, bi-partisan support in the Michigan House and Senate in the last month.  Governor Snyder is expected to sign the bill soon.

The Department of Environmental Quality (DEQ) protects areas determined to be necessary for the preservation and maintenance of fish and wildlife, which has trickled down past wetlands and submerged lands into beaches.  Committee testimony from shoreline property owners routinely revolved around the desire to groom their beaches, remove debris, and mow certain vegetation without having to first obtain a permit from the DEQ.  They contend that beaches composed of sand, rock, or pebbles should not be regulated as wetlands or submerged lands.

The latest version of the legislation specifically says that the state or a local government may not regulate

• Leveling sand, removing vegetation, grooming soil, or removing debris, in an area of unconsolidated material predominantly composed of sand, rock, or pebbles, located between the ordinary high-water mark and the water's edge, or the
• Mowing vegetation between the ordinary high-water mark and the water's edge.

There has been concern voiced that mowing vegetation and grooming beaches could have adverse environmental impacts and enhance the spread of invasive species.  While the data on this claim is mixed (in particular relating to phragmites), this legislation requires the Aquatic Invasive Species Advisory Council to review and provide recommendation on phragmites control measures to the DNR and Michigan Legislature.  Local government plans for controlling invasive species are still allowed.