Drawing the Line on Beachfront Properties

Some homeowners on Great Lakes coasts are concerned about how state governments decide where the lake ends and private property begins. In one state… landowners are pushing legislation to protect their private property rights. But the bill worries recreation and environmental activists. The Great Lakes Radio Consortium’s Julie Grant reports:

Transcript

Some homeowners on Great Lakes coasts are concerned about how state governments decide
where the lake ends and private property begins. In one state, land owners are pushing legislation
to protect their private property rights. But the bill worries recreation and environmental
activists. The Great Lakes Radio Consortium’s Julie Grant reports:


Dennis Bring is a big, burly guy who looks like he wouldn’t be scared of anything. But he says
he is scared. He’s afraid of the bureaucrats at the Ohio Department of Natural Resources.
They say the land he once owned is no longer his, simply because of the erosion caused by Lake
Erie’s waves.


It started more than twenty years ago. That’s when high waters on Lake Erie started to batter his
shoreline property and erode the bluff. Bring decided to use concrete and large limestone blocks
to protect it. The Ohio Department of Natural Resources required him to get surveys, pay for
engineering, and construction. It cost thousands of dollars. Then he was told he had to sign a
lease agreement, to lease the land that he thought he already owned.


“They said it wasn’t a big thing. But when we got it, we found out it was 17 to 20 pages long and
basically they had the rights to our property and we had basically no rights and they could come
on our property at any time.”


The cost of the lease isn’t that much, but Bring’s deed says he owns that land. It’s been in the
family for three generations and he pays taxes on it. But the state also wanted him to carry a
million dollars worth of liability insurance on the erosion protection structure.


So he called the Ohio Department of Natural Resources to complain. A state regulator told Bring
that he no longer owns the land because anything up to the high water mark, including the eroded
part that once belonged to Bring, actually belongs to the state.


“And I asked him, I said, ‘You’re telling me the lake is your property, correct?’ And he said ‘Yes,
that’s our property.’ And I said, ‘According to my gist on this, is that your property is damaging
my property. I’m trying to protect this property.’ But I said, ‘In turn you’re making me pay back
what is already mine.’ He said, ‘And we could tear your structure out if we wanted to.’ And then
I hung up the phone, and my wife and I were scared to death.


The state plans to enforce its claim that it owns up to the high water mark. But many lakefront
owners say the state is taking more than its share. They want Ohio’s jurisdiction pushed back
toward the lake – to the low water mark. The difference between the two adds up to thousands of
acres along Ohio’s 262 miles of coast.


Brian Preston grew up fishing in the marshes around Toledo. Speaking at a public meeting on
behalf of the environmental group, the National Wildlife Federation, he argued that the state is
right, anything the lake touches belongs to all the people, not just those who own the adjacent
private land.


“We’re not talking about their land; proximity doesn’t imply ownership. Those 262 miles in the
land going into the water is our land. Just because it’s in front of their house doesn’t make it their
land”.


But property owners disagree. They’ve pushed a bill in the Ohio legislature to move state
ownership back toward the lake. It would also take away much of the state’s authority to regulate
the shoreline. The private land owners say the U.S. Army Corps of Engineers already monitors
the Great Lakes shoreline. Homeowner Jim O’conner says that’s enough regulation.


“For years, shoreline structures have been built along the lake and have been fine. The Army
Corps has kept a pretty close eye on it. But now this program has turned into a radical mess by a
few people that have extreme radical views on what private property owners, shoreline owners,
should relinquish. In order to live on the lake you’ve got to relinquish your property.”


The state says without its additional regulation there would be all kinds of problems. That’s
because in the past houses and other structures have been built too close to the shore and
eventually storms eroded the dirt from underneath them and they fell into the lake. Some
scientists are also concerned that the engineered structures that protect the land from erosion end
up destroying public property. State geologist Don Guy says erosion provides the sand size
material that builds Ohio’s beaches.


“And by armoring the shore, we’re eliminating that source of beach-building material. And as
waves continue through natural processes to carry sediment, at least along this part from east to
west, eventually the sand is eroded from the beach at a given site and there’s nothing to replenish
that beach. So that’s maybe the hidden impact of all the shore protection.”


And that’s one reason the Ohio Department of Natural Resources wants to protect the beach.
State representative Tim Grendell sponsored the bill that would change the boundary from the
high water mark to the low water mark. He says it won’t have any negative impact on the
lakeshore or the environment. He says the state has taken control over more land than it should.
He notes that property deeds often say landownership stretches to the low water mark. Grendell
says state shouldn’t regulate beyond that.


“It recognizes what the Ohio constitution recognizes, that a government agency of the state has no
power to take away people’s property by redefining what they own.”


But most Great Lakes states regulate to the same boundary as Ohio. They say state ownership is
at the high water mark. The state of Ohio says it’s willing to drop some of the things it mandates.
For example, it might drop insurance requirements and help pay engineering costs of shoreline
structures it approves. But Ohio says it will not support turning public ownership over to private
landowners.


For the Great Lakes Radio Consortium, I’m Julie Grant.

Related Links

DRAWING THE LINE ON BEACHFRONT PROPERTIES (Short Version)

Some homeowners on Great Lakes coasts are concerned about how state governments decide where the lake ends and private property begins. In one state… landowners are pushing legislation to protect their private property rights. The Great Lakes Radio Consortium’s Julie Grant reports:

Transcript

Some homeowners on great lakes coasts are concerned about how state governments decide
where the lake ends and private property begins. In one state… land owners are pushing
legislation to protect their private property rights. The great lakes radio consortium’s julie grant
reports:


(sound of lake)


When the water of the Great Lakes batters shoreline property, it erodes the land. Homeowners
want to prevent that erosion. But there are lots of regulations on building shore protection
structures. Too many, according to Ohio homeowner jim o’conner. He says Ohio is regulating
land that he owns…


“They don’t have that right, but they’re doing it. And it’s a shame we have to try to get a bill to
say, ‘Hey, this is our property, don’t take it.'”


A bill in the Ohio legislature would push the state’s jurisdiction back toward the lake, so it would
have less authority over shoreline development. Other states are watching the issue because they
draw the line to same boundary as Ohio. The state says it might drop some regulations, but it will
not support turning public ownership over to private landowners.


For the Great Lakes Radio Consortium, I’m Julie Grant.

Related Links

States to Have More Control Over Goose Populations?

The U.S. Fish and Wildlife Service plans to give the states more power in reducing the resident Canada geese population. The Great Lakes Radio Consortium’s Karen Kelly has more:

Transcript

The U.S. Fish and Wildlife Service plans to give the states more power in reducing the resident
Canada geese population. The Great Lakes Radio Consortium’s Karen Kelly has more:


An estimated 3.2 million Canada geese have made permanent homes on lawns, farms, and airport
runways across the U.S.


Officials say the birds collide with aircraft, damage crops and pollute water supplies.


States traditionally needed a permit to get rid of geese.


But Ron Kokel, a biologist with U.S. Fish and Wildlife, says the new proposal would allow
communities to have more say in how the bird population is managed.


“It puts the decision on exactly what management technique the state or local authorities want to
use; it puts that decision more on the local level.”


The public has until October 20th to comment to the U.S. Fish and Wildlife Service on the
proposal.


For the Great Lakes Radio Consortium, I’m Karen Kelly.

Related Links

Some Relief for Low Lake Levels

The soggy spring has helped raise water levels in the Great Lakes. Lake Ontario is above average, but the upper lakes could still use more rain. The Great Lakes Radio Consortium’s David Sommerstein explains:

Transcript

The soggy spring and summer so far has helped raise water levels in the
Great Lakes. Lake Ontario is above average, but the upper lakes could still
use more rain. The Great Lakes Radio Consortium’s David Sommerstein
reports.

A few years of drastically low water levels have stranded boats and docks
and forced shippers to light their loads throughout the Great Lakes, but
Chuck O’Neill, of New York Sea Grant, says spring rains have come to the
rescue. Precipitation was 30% higher than normal in May region wide, 60%
higher than normal in Lakes Erie and Ontario:


“And when you put that much water into a basin that responds quickly like
the Lake Ontario basin, that’s reflected in the lake level quite dramatically.”


Lake Ontario is up more than 30 inches from March and is now four inches
above average. O’Neill says the rain has helped the upper lakes some, but
they’re still low, especially Lake Superior.


“That is such a huge lake even when they do have above average
precipitation, it takes an awful lot more above average precipitation to
push that lake up anything significantly.”


The rise and fall of the lakes is natural over time, but many experts worry
climate change is lowering the watermark for the long term.

For the Great Lakes Radio Consortium, I’m David Sommerstein.

Birders Flock to Save Crucial Habitat

It’s that time of year again, when those who winter in warm, southern climates travel north for the summer. But for many birds, land development and habitat destruction are making migration an uncertain proposition. Some groups in the United States, Canada, and Central America are working together to protect land for the birds. The Great Lakes Radio Consortium’s Julie Grant reports:

Transcript

It’s that time of year again, when those who winter in warm, southern climates travel north for the
summer. But for many birds, land development and habitat destruction are making
migration an uncertain proposition. Some groups in the United States, Canada, and Central America
are working together to protect land for the birds. The Great Lakes Radio Consortium’s Julie Grant reports:


(sound…birding in the rain…)


It’s 6 A.M. It’s still dark outside. And it’s raining. But Rob
Tymstra and Darrell Parsons are
hiking in the woodlands of Pelee
Island, in Western Lake Erie, on the
lookout for birds.


They’ve seen all kinds of warblers,
and herons, even a bald eagle.
They’re trying to spot as many
species as possible in one day as
part of the Pelee Island Birdathon.
They’ve seen or heard more
than 104 species since noon
yesterday, which seems like a lot, but
they’re
competing against six other teams
from the U.S. and Canada for who
can spot the most bird
species.


“Uh oh, those are the Ottawa people,
our other competitors.”


Tymstra and Parsons are in this
contest to win. But they say the
Birdathon is really just for fun and to
raise money for the Audubon Society.
Both men are in their 40’s and have
been birding since
they were teenagers. They’ve got
lists of birds they hope to see in their
lives and have traveled
the world, most recently, to Brazil,
Panama, and Thailand, in search of
them.


“Pelee Island compares really
favorably with the whole area. Point
Pelee National Park, just
north of us, is world famous for birds,
especially in spring migration. But all
these islands here in
Lake Erie are stepping stones as the
birds are traveling north.”


The next stepping stone for many
birds is Point Pelee National Park,
which gets a lot more
attention. But Tymstra likes to take
the ferry to Pelee Island because it’s
less crowded.


“So here we get as many birds or
more birds as Point Pelee, but we
don’t have the crowds. On a
busy day there in May you might get
10,000 people, but here you’re lucky
to see a dozen people.
So the birds here actually outnumber
the people.”


(unveiling of sign)


“Pull from that end, gentlemen.
Everybody got their cameras ready?
Okay, ta-da!”


(clapping)


The unveiling of this sign marks the
significance of a natural habitat that’s
been preserved on
Pelee. Most residents of this
Canadian island want the birds,
butterflies and other wildlife to
continue to outnumber the humans.
So, they’ve recruited organizations
such as the Nature
Conservancy, the Federation of
Ontario Naturalists, and others to
preserve and restore the habitat.
Ric Wellwood coordinates a coalition
of conservation groups concerned
about development in
southern Canada.


“The difficulty we had was that twenty
years ago we realized that this
paradise we were living in
was getting crunched. Intensive
agriculture hurt for awhile, but it’s
eased off. But urban sprawl
is going like crazy. Urban sprawl is
taking away habitat. Our birdies
are not finding as welcome
a time as they used when they were
coming up here from Central
America and Mexico and
South
America and the southern U.S.”


A yellow-breasted chat or a wood
thrush might spend its winter in
Central America, then make the
long trek to Canada for the summer.
Field biologist Larry Roche tracks
birds in the Great Lakes
region.


“That’s a tough life – migratory birds.
You can go to Belize, and/or Mexico,
and go out to the
Yucatan, and watch them leave the
Yucatan in the evening and they fly
somewhat eighteen hours
across the Gulf of Mexico and they
land on the upper Texas coast. And
then they leave that area
and go hopscotching all the way to
wherever they want to go. Some of
these birds come from
Argentina and go all the way to the
Arctic. It’s pretty stunning for a land
bird to do that.”


These tiny creatures can be exhausted
by the time they get to the shore of
Lake Erie. The Nature
Conservancy in Canada and Ohio
are trying to protect land here to
make sure there’s a place for
the birds to make a pit stop, or to
nest and raise their young. But the
North American
conservationists are concerned that
poorer Central American countries
are allowing bird habitats
to be destroyed. Those countries
need the money developers are
offering for the rainforest
timber.


A report from the WorldWatch
Institute says bird species today face
a wave of extinction not seen
since dinosaurs died out. Twelve
percent of the world’s bird species
are considered to be at risk
of extinction and habitat loss is the
single greatest threat to birds.


Some environmental groups are not
only protecting land here, but also in
Central and South
America. To do that, Randy Edwards
of the Ohio Nature Conservancy says
they’re buying land
in Belize.


“Because there are more then sixty
species of birds from herons to
songbirds, warblers, etc, that
overwinter in Belize and elsewhere in
Central America and then come to
Ohio and places north
to make their nests and raise their
young. And the birds that we see
here, and that we enjoy in the
spring and the summer spend time in
Belize, so we need to protect habitat
here in Ohio and
Canada and Belize, all along their
migratory route, or they won’t be
here anymore.”


The Ohio Nature Conservancy was
part of a debt for nature swap in
Belize. In total, the U.S.
provided five and a half million dollars
to Belize for the preservation of
23,000 acres of forest in
the Maya mountain-marine corridor.
It’s a small but significant step to
ensure that birders Rob
Tymstra and Darrell parsons can try
again next year on Pelee Island.


(winners announced)


They lost by one bird species to their
arch rivals from Ottawa.


For the Great Lakes Radio
Consortium, I’m Julie Grant in Ohio.

Enviro Group Calls for Drilling Ban

An environmental group is calling on Great Lakes states to ban drilling for oil and gas under Lake Erie. The Great Lakes Radio Consortium’s Natalie Walston reports:

Transcript

An environmental group is calling on Great Lakes states to ban drilling for
oil and gas under Lake Erie. The Great Lakes Radio Consortium’s Natalie
Walston reports:


At least four drilling companies have tried to gain access to oil and gas
deposits under Lake Erie since 1998. That’s according to a study by the Ohio
Public Interest Research Group. The group found a significant amount of
cooperation between the Council of Great Lakes Governors in considering
allowing companies access to the lake. Bryan Clark wrote the report for the interest
group. He says there are a number of problems associated with drilling for
oil and gas.


“Drilling operations routinely utilize dangerous toxic chemicals. Many of
these chemicals, such as those found in drilling mud, can cause problems as
diverse as wildlife cancers, developmental disorders, and shortened life
spans.”


Ohio governor Bob Taft has stated he will sign an executive order banning
drilling under Ohio’s part of Lake Erie. The state of Michigan recently voted to ban
new drilling. Clark says New York, Wisconsin, Illinois, and Indiana need to
consider a drilling ban as well.


For the Great Lakes Radio Consortium, I’m Natalie Walston.

Threatened Snake Gets Hand in Recovery

  • The Lake Erie water snake is listed as threatened under the Endangered Species Act. The U.S. Fish and Wildlife Service is developing a recovery plan for the snake – and people who live near the snake are also giving it a hand in recovery. Photo courtesy U.S. Fish and Wildlife Service.

Many people are afraid of snakes. But along the shores of Lake Erie, residents are working to keep a threatened water snake in the neighborhood. The Great Lakes Radio Consortium’s Rebecca Williams has more:

Transcript

Many people are afraid of snakes. But along the shores of Lake Erie, residents are working to
keep a threatened water snake in the neighborhood. The Great Lakes Radio Consortium’s
Rebecca Williams has more:


The Lake Erie water snake was listed as threatened three years ago. The snakes are found only
on rocky limestone islands in the western basin. And they can grow up to five feet long.


Their numbers have dropped recently because people are building houses on their shoreline
habitat. And in the past, people have killed the snakes out of fear.


Megan Seymour is a wildlife biologist. She works for the U.S. Fish and Wildlife Service.
She says, over time, most people have stopped harassing the snakes. Some
landowners have even posted signs saying, “Water snakes welcome here.”


“I think the best tactic for me has been to kind of explain the biology of the snakes, explain how
they have their own personalities, sort of… The more people learn about the snakes, the more
interested they become, and the more they start seeing it as some kind of interesting animal
versus a gross snake.”


Seymour is writing the recovery plan for the snakes. She says most wildlife recoveries take many
years, but because the locals are showing concern, she thinks the snakes will recover more
quickly.


For the Great Lakes Radio Consortium, I’m Rebecca Williams.

Asian Traditions May Spread Invasive Carp

Biologists say the invasive Asian carp is knocking on the door of the Great Lakes as populations of the imported fish make their way up the Mississippi River system. And while officials are seeking funding to construct and maintain an electric barrier to keep the fish out, the Great Lakes Radio Consortium’s Mark Brush reports that the fish has another way of getting into the lakes:

Transcript

Biologists say the invasive Asian carp is knocking on the door of the Great Lakes as populations of the imported fish make their way up the Mississippi River system. And while officials are seeking funding to construct and maintain an electric barrier to keep the fish out, the Great Lakes Radio Consortium’s Mark Brush reports that the fish has another way of getting into the Lakes:


Two years ago an Asian carp was netted in Lake Erie. And another was found
in a fountain in downtown Toronto. These fish were more than likely released
by humans. And while biologists have not yet found evidence of an
established population of Asian carp… they fear more releases like these
could lead to the spread of this harmful fish.


Dennis Schornack is the U.S. Chair of the International Joint Commission, a
governmental body which monitors the waters between Canada and the U.S. He
says that certain traditions of Asian immigrants may be unknowingly contributing to the problem:


“We are advised that there are certain customs in the Asian community which
involve not only eating the fish, but giving the fish back to the source, so
that it’s sort of, ‘buy two, eat one, return one.'”


Schornack says that the governments of Canada and the U.S. should educate
those who buy Asian carp for food about the threat the fish pose to the
Great Lakes ecosystem. For the Great Lakes Radio Consortium, I’m Mark
Brush.

Too Much of a Good Insect?

It’s no secret that the Great Lakes are cleaner than they were 25 years ago. But some of the wildlife that’s rebounded because of the cleaner water is causing some problems for people who live near the lakes. The Great Lakes Radio Consortium’s Paul Cox explains:

Transcript

It’s no secret that the Great Lakes are cleaner than they were 25
years ago. But some of the wildlife that’s rebounded because of the
cleaner water is causing some problems for people who live near the
lakes. The Great Lakes Radio Consortium’s Paul Cox explains:


(sound of waves and seagulls)


It won’t be long before a sleeping multitude awakes in the Great Lakes.
Millions of mayfly larvae have been burrowed in the muddy bottom of the
lakes. Soon, they will rise, take wing and fly off in search of a mate.


Often, they end up on shore. There they get on everything.


Breck Coombs has seen them invade the car dealership he manages in
Port Clinton, Ohio on Lake Erie.


“I have bugs all over the whole building. It’s almost like you’ve got to
have a second set of clothes when you come into work a lot of times.
You sit down and they make a big mess on your clothing. It’s pretty bad.”


During mayfly season his workers have to wash every car in the lot every
day so the bugs and their droppings don’t mar the paint.


The mayor in Port Clinton is Tom Brown. He says since the mayfly has
been increasing in population the insect has caused some bizarre
events. The way he describes it, it sounds as though it’s like living in an
Alfred Hitchcock thriller. He remembers once getting hit by the bugs
while he was at a drum and bugle corps competition.


“We were watching the show and all of a sudden I looked to the sky
and I saw a black cloud. The mayflies came onto the field, they began to
swarm. I was covered with mayflies from head to toe.”


Aside from the mess they make, the mayflies are – for the most part –
harmless. Fred Snyder is an aquatic biologist with the Ohio State
University Extension Service. He says the mayfly is a bug with no bite.


“Mayflies do not have working mouths. This is a mouthless insect. It has no stinger.”


But Snyder says the mayfly is still something of a nuisance because they
don’t smell very good.


“One evening just coming back into town I noticed a very,
very disagreeable smell. The place stunk. Sort of like dead fish, but
different. But very strong.”


And… the sheer numbers of the mayflies are a problem because the
insects not only fly by the millions, they die by the millions.


Mayor Brown says when that happens… the dead bugs can be a bit of a
hazard.


“When they were heavy we had signs on the streets: ‘Slippery, mayfly hatch.’
And there were a couple of accidents from people sliding around on those mayflies.”


As you might imagine… millions of smelly, messy and dead mayflies are
bad news for any town… but especially so in a tourist town such as Port
Clinton.


But biologist Fred Snyder say the mayflies are also good news. The huge
mayfly population means the lake is environmentally healthier.


“Mayflies have a high need for oxygen. So when you find
good numbers it tells you that the oxygen level in the water is very
good.”


It’s not always been that way. Pollution in the lake took its toll. Oxygen
levels dropped. And the mayflies almost disappeared by the 1950’s.


Dr. Carl Richards, with the Minnesota Sea Grant program, says the
presence of organisms such as the mayfly can be a better indicator of
the lake’s health than testing for polluting chemicals.


“It’s often very expensive and difficult to measure chemicals.
And the ultimate reason we’re interested in chemicals is because of
the organisms. It’s the fish, the birds and the plants we’re concerned
about. So the idea is if the fish and the birds and the plants are
healthy, then the environment must be healthy.”


And a recent federal grant will help scientists look further into the
connection between the health of organisms such as mayflies and the
environmental state of the Great Lakes.


Lake Erie near Port Clinton is not the only example of rebound in the
mayfly population. There’s also been a sharp mayfly population increase
in the waters immediately near Erie, Pennsylvania.


It’s not only good news for the mayflies. It’s good news for fish too.
Some fish feed on the mayfly larvae. So, with more mayflies, there’s
more food for fish.


But, people still have to deal with the annual mayfly onslaught. In
places such as Port Clinton, that means trying to find ways to reduce the
invasion. One thing the city does is turn off streetlights and ask
residents to turn off as many exterior lights as possible in hopes of
attracting fewer bugs during the peak season.


The mayflies that do make it ashore and die are picked up with street
sweepers and composted. In fact, the city got a grant to build the only
licensed landfill in the U.S. for mayflies. There, they compost the
carcasses. Biologist Fred Snyder cooked up the recipe.


“It’s basically sawdust that is mixed about two to one with the
mayflies that are picked up by the street sweepers and brought to
the composting site.”


After several months the mayfly compost is used for gardens and lawns
all over town.


(sound of waves)


Now, Mayor Brown is trying to convince the townspeople to look beyond
the nuisance factor and embrace the mayfly as the standard-bearer for a
cleaner lake.


“We even came up with a theme: Come to Port Clinton where
your dreams may fly.”


It might not offer much comfort to those afflicted by the annual mayfly
invasion… but hey, it’s catchy.


For the Great Lakes Radio Consortium, I’m Paul Cox.

Easier Start to Shipping Season

The Soo Locks and Saint Lawrence Seaway are opening to higher lake levels and mild ice conditions, making for an easier start to the commercial shipping season. The Great Lakes Radio Consortium’s Mike Simonson has more:

Transcript

The Soo Locks and Saint Lawrence Seaway are opening to higher lake levels and mild ice conditions, making for an easier start to the commercial shipping season. The Great Lakes Radio Consortium’s Mike Simonson has the story:

Lake levels have been low for the past four years, and the latest numbers from the U.S. Army Corp of Engineers indicate this new season will start with three of the five Great Lakes below average.

February numbers show
Lake Superior is 6 inches below normal, Lakes Michigan and Huron are 7 inches below the average since they started keeping records in 1918. Those numbers are 6 inches better than a year ago. Duluth-Superior Port Director Davis Helberg hopes this is a trend.

“This is cyclical, they will rebound. History tells us that they always do. And I hope we’re at the bottom of the trough but so far this winter hasn’t showed much promise of starting to get back to have the pendulum swing the other way. We just have had such a wimpy winter.”

Lake Erie is at its normal level, while Lake Ontario is 3 inches above normal.

For the Great Lakes Radio Consortium, I’m Mike Simonson in Superior, Wisconsin.