Lake Erie Basin Update - U.S. Side
Stop the Illegal Giveaway!
Groups urge lawmakers to abandon attempted giveaway
of Lake Erie Coast
By Kristy Meyer
“Stop now, before you rob the Lake Erie
shore from Ohio’s 11 million citizens and
hand it over to a relative handful of upland
private property owners.” That’s what
conservation groups and former Ohio Department of Natural
Resources directors are warning state lawmakers.
The debate revolves around Ohio House Bill 206 and Ohio Senate Bill
127, which propose to strip thousands of acres of Lake Erie shoreline
from the public and hand it over to adjacent private property owners.
The groups, including the Ohio Environmental Council, the League of
Ohio Sportsmen, Audubon Ohio, and the National Wildlife
Federation, strongly opposed proposed legislation, pointing out that
the two bills amount to a giveaway of public lands.
If passed, this legislation will have many
negative consequences for Ohio:
- Privatize exposed and submerged
lake lands that lie land-ward of the
water’s edge, but lake-ward of the
ordinary high water mark – lands
that Ohio has forever since the
statehood held in trust for all of the
people of Ohio.
- Turn families, bird-watchers, anglers,
beach-goers, and waders that utilize
Lake Erie’s coastal lands adjacent to
upland private property into
criminal trespassers.
- Scuttle the Ohio Department of
Natural Resource’s authority
to comprehensively review proposed
lakeshore projects for their potential
impact to navigation,water commerce, fishery, environmental
quality, and public recreation, resulting in a loss of millions of
dollars of federal aid to Ohio and shoreline communities.
- Result in a free-for-all of residential and commercial
development along the Lake Erie coast that will be beyond
the legal control of not only the state, but also of local
governments, threatening the fragile environment of the
Lake Erie coast. In just a few years, oil rigs, fences, and private
piers could stick out into the lake from Toledo to Ashtabula.
- Imperil Ohio’s share of a multi-billion dollar Great Lakes
restoration effort.
- Threaten sensitive marshland and other lake lands that
provide nurseries and critical habit for fish and wildlife
with uncontrollable development.
“This bill is Robin Hood in reverse. It robs from the public and gives
to the privileged few. It’s grand larceny, and the public gets nothing
in return,” said Jack Shaner, a spokesperson for the Ohio
Environmental Council.
Under Ohio law, the state can allow private landowners with property
next to the lakeshore to build boat docks and other structures to
access the lake or to protect their adjacent property from erosion.
Some upland landowners are upset that the state requires a permit
and lease fees for permission to place a structure on the lakeshore.
Larry Mitchell, League of Ohio Sportsmen President, said that the
proposed legislation would privatize the lakeshore, keeping many
anglers from enjoying Lake Erie.“Most sportsmen can’t afford a fancy
boat. They take the family bank-fishing so the kids can wander down
the shore, skipping stones and exploring. This legislation takes away
that heritage and our birthright to the coast.”
“Senators DeWine and Voinovich are pushing hard for billions of
dollars in federal funding to restore the Great Lakes. Of all lakes, Lake
Erie needs that funding to clean up
toxic pollution, control dangerous invasive
species, and expand public access.
Ohio’s state lawmakers will look pretty
silly if they give away the shoreline
and open it up to anything-goes development,”
said Jerome Ringo, chairman
of the National Wildlife Federation and
a sportsman from Louisiana.
Michigan recently faced a similar
shoreline issue. But on July 29, 2005,
the Michigan Supreme Court unanimously
ruled in Glass vs Goeckel, that
the Public Trust Doctrine applies to the
shores of the Great Lakes, and upheld
the public’s right to walk the Great
Lakes shoreline below the ordinary
high-water mark. The public trust doctrine
serves to protect resources shared in common by the public.
“Ohio’s statehouse debate sounds like a rebroadcast of the Michigan
Supreme Court debate,” said attorney Pam Burt of Harrisville, MI.
“Same script, just different players. But the Ohio attempt to subject
public trust lands of Lake Erie to purely private ownership and control
would, if successful, amount to one of the biggest public land
giveaways in American history.”
The conservation groups warned that any attempt to tamper with
the high watermark would be illegal and a violation of the public
trust doctrine.
Elaine Marsh, longtime advocate for the lake and founder of Friends
of Crooked River, pointed out that public investment in Lake Erie pays
dividends to all. “The economic, environmental and recreational
value of Lake Erie is totally dependent on public dollars, public recreation,
and public participation. If the state wants to keep public support,
then the state should not give away any of the public trust."
For more information: Kristy Meyer, GLAHNF Lake Advisor
Ohio Environmental Council
1207 Grandview Ave., Suite 201, Columbus, OH 43212
(614) 487-7506 • kristy@theoec.org
Disclaimer:
The interpretations and conclusions presented in this newsletter represent the opinions of the individual authors. They in no way represent the views of the Tip of the Mitt Watershed Council, the C.S. Mott Foundation, subscribers, donors, or any organization mentioned in this publication.
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