Over 40 million people get their drinking water from the Great Lakes. Our lakes create jobs and stir economic development as people travel to enjoy them. They offer an affordable, enjoyable family activity. That's why it's important that they are managed appropriately and in a way that ensure their protection.
The Wisconsin Department of Natural Resources (DNR) is proposing a general permit that would allow lake front property owners to dredge 25 cubic yards of material from inland lakes and 100 cubic yards from the Great Lakes. Given the huge variation that exist between different lakes, ponds and impoundments we do not believe a general permit should be used to approve dredging projects on them. We believe a general permit is inappropriate because it does not allow the necessary site specific work that needs to be done to ensure there is not harm to the environment or the rights of neighbors and other users of our lakes, ponds and impoundments.
The DNR will also be accepting written comments on the proposed changes until March 3.
Comments be sent to dnrwywrzguidance@wisconsin.gov, or mailed to:
Waterway and Wetland Policy Coordinator, DNR-WT/3, P.O. Box 7921, Madison, WI 53707-7921
Here are some helpful talking points to include in your letter. Feel free to choose which you would like to focus on. Try and personalize your comments based on your interests and experience.
Make sure to ask the DNR to remove the provision relating to Lakes, ponds and impoundments, and if the Department does not remove the provisions it should at least amend the General Permit as specified below.
1.) Improper Dredging: When done carefully, dredging can be an effective tool for increasing access to waterways. When dredging is not done properly it can lead to:
- Decline in fisheries and ecosystem health
- Destruction of wetland nearshore habitat
- Reduced water quality
- Release of potentially toxic materials
- Spread of invasive species
- Harm to neighboring properties
2.) A General Permit shouldn't be used for dredging in lakes, ponds and impoundments
A General Permit is a truncated process that does not require site specific review by the DNR. They are intended for situations that are substantially similar where one set of requirements is very likely to provide sufficient protection for the environment. While we recognize that the department has tried to limit the possible harm from this General Permit by prohibiting its use for some of our most sensitive waters, it still applies to many thousands of lakes, ponds and impoundments. These waters have different hydrological regimes and hence need to be regulated on a case by case basis using individual permits that can be tailored to specific situations.
Amendments to the proposed General Permit: However, if the Department moves forward with the provisions related to lakes, ponds and impoundments we believe the following changes would afford better protection for the environment and more fairness to all lakefront property owners.
3.) Require Notice to Neighbors, Lake Associations and the public
A requirement should be added to Section C that the applicant provide notice of the application to their immediate neighbors, the lake associate, if one exists and the public that uses the water body. Such a provision would result in many benefits. First, the immediate neighbors may know of conditions in the area of the dredging that are relevant to the DNR’s approval of the application. For example, adjacent land owners may know of past contamination in the area or the location of spawning areas that particularly a new property owner may not be aware of. Neighbors can also work with the applicant to ensure the dredging does not disrupt important activities the neighbors have planned. Second, if there is a lake association they can comment on any concerns based on the total amount of dredging occurring on the water body in that time period. In addition, if the lake association conducts dredging as part of its operations it can factor the proposed dredging into its plans or comment on the impact the proposed dredging will have on its plans. Without a notice requirement the chances that the dredging will cause unnecessary conflict between neighbors, up to and including litigation, is high. This should be avoided. Finally, notice will allow other users of the water body to comment and provide information that is relevant to whether the proposal is appropriate for a General Permit.
4.) The DNR should consider the cumulative impacts of the project, and the total number of projects proposed for a water body
Section A of the General Permit should include a provision that allows the department to take into account the cumulative impacts of a dredging application. This is relevant on all waters, but particularly so on lakes, ponds and impoundments where suspended sediments can drift and cause damage to other property owners and sensitive areas such as spawning beds.
The Department should also take into account the number of proposals there are for a particular water body. A single project may not be problematic but several occurring at the same time could be. Knowing this would allow the Department to sequence projects to avoid this kind of impact.
5.) Set re-suspension target for lakes: Section A should be amended to include a provision similar to A (12) for lakes, ponds and impoundments setting a limit for suspended solid concentrations from the project. Re-suspension of sediment is an even greater concern on still waters and therefore the project should be designed and implemented in such a way as to prevent suspended solid concentrations from reaching harmful levels.
6.) Applicant should be required to provide an illustration of where the Dredging will occur on the riparian property: a provision should be added to Section A that the applicant provide an illustration of where on the property the dredging will occur. Currently the permits allows dredging anywhere on the property over a 5 year period. This is not sufficiently protective. Conditions can change year to year, and there can be wide variation within a property from one side to the other. A project may be fine in one place on the property and seriously problematic in another.
7.) Include Depth or size boundaries for Lakes: a provision should be provided in Section C similar to Section B (2) that set maximum parameters in terms of depth, width and length for the dredging project for Lakes, ponds and Impoundments.