By Jennifer B. Richardson

Work on the project in Hayes Township included a seawall and replanting the greenbelt. Photo by Jennifer B. Richardson

All the towns and cities around Lake Charlevoix have rules intended to minimize harmful runoff into the lake by preserving natural landscape and vegetation. But sometimes, under pressure from riparians who want to make their shores more accessible and useful, the rules don’t accomplish all they are intended to do.

Consider, for example, a project nearing completion on the northwestern shore just up from Camp Seagull and Lake Charlevoix Farms. Different from the neighboring shorelines of small rocks, low native shrubs, jack pines, cedars and other evergreens, the project includes a formal stone patio, chiseled stairs leading to a sanded beach and a seawall of massive boulders. A dozen young river birches pop up from a bed of low junipers and an occasional flowering bush. There is scant evidence of the natural landscape that was present decades ago.

The project in Hayes Township, is hardly unusual. Similar displacements of natural habitat can be found at many locations on the lake, often at waterfront properties that have changed ownership in recent years, as this one had. But this particular project provides a useful case study of how a series of legal actions can lead to major differences for Lake Charlevoix’s shoreline.

Keeping greenbelt zones between houses and the lakeshore serves an aesthetic purpose, but experts particularly value them because of the ways they help protect water quality by filtering fertilizers and other pollutants that could flow into the lake.

Greenbelt ordinances vary by township, but most require maintaining the natural vegetation for the first 50 feet above the high-water mark. They allow for some clearance to create a view of the lake. Prohibition of chemical fertilizers and limitations on the building of docks, walkways and other recreational structures are also common.

In general, nothing is allowed below the high-water mark. As the lake is now about three feet below that level, the area of no construction could be 30 or more feet from the waterline, depending on the natural slope of the shoreline.

In the case of this project, the construction required removing plants in a strip above the high-water mark. Hayes Zoning Administrator Jonathan Scheel said that previous owners had replaced much of the natural landscape with lawn down to the lakefront. A photo from Drost Landscaping shows tiered levels of lawn and a loose boulder retaining wall, with some scrub plants growing near the lake shore, but no trees or shrubs in the greenbelt zone when their work began.

Bob Drost, president of Drost Landscaping, emphasized that when the project is complete, over 100 feet of solid plantings will exist between the lawn and the lake. Those plantings will be largely comprised of native plants, such as sumac, birch, viburnum, juniper, rudbeckia, echinacea. Drip irrigation, instead of sprinklers, will be used to help prevent run-off. In addition, over 300 yards of pea stone has been added in the area of the seawall, which will further filter water as it makes its way to the lake.

Homeowners have changed shoreline in many locations. Photo by Jennifer B. Richardson

“I’ve never done anything that would detract from the quality of the lake,” Drost said. He added that he had actually been fired by a previous client because he refused to cut down trees to create a completely clear view of the lake.

“I try to find that common ground,” Drost said.

Working closely with local zoning boards is part of that common ground. In the case of the property in Hayes, Drost said that it may “look Hollywood,” but that it is environmentally friendly.

“It’s pretty showy, but it’s mixed in with the native plants, and annuals will be added each year,” he added. Drost said that Scheel issued two citations; one requiring the removal of a drainage pipe that allowed runoff water to flow into the lake, and another to remove a gazebo.

The pipe was installed after the removal of two existing hillside water impoundment ponds that allowed rainwater to accumulate and then percolate down toward the lake. A bloom of green cladophora appeared below that outfall, but after the citation the pipe was removed, the bloom subsided.

The gazebo will be removed seasonally, Drost said.

Scheel, who is also zoning administrator for South Arm Township as well as for Hayes, said that variance in regulations is part of the problem of effective protection. Homeowners assume that a particular landscape design or building configuration they see on one area of the lake is acceptable for their home too. If the properties are in two different townships, that assumption is sometimes incorrect.

Scheel said that cottages and landscaping constructed before the 1970s, when many zoning regulations were first enacted, are also a source of confusion. Homeowners may see that their neighbor has a grassy lawn all the way down to the lake and believe that it is acceptable to tear out their own native vegetation to put in a lawn, not realizing that their neighbor’s lawn was planted before the zoning regulations went into effect.

Shoreline of neighbor of project in Hayes. Photo by Jennifer Richardson

Scheel said that when the suburban Detroit couple bought their property, much of the natural landscape had already been replaced with lawn going down to the lakefront.

Scheel said that he met with Drost and the owners on three occasions as they planned the project and denied their plans each time, offering modifications to meet township guidelines.

He said he continues to work with the owners to rectify violations. He said working with property owners to repair a greenbelt is more effective than fighting them in court.

One thing that is likely confusing to property owners is that the standards established by the Michigan Department of Environmental Quality (DEQ) and the U.S. Army Corps of Engineers (USACE) are not the same as the standards established by the townships. Roxanne Merrick of the DEQ said the Corps granted a permit for the seawall which tops out at the high-water line. Building to that level required disturbing the greenbelt vegetation.

Scheel said that educating the contractors is key, and he has met with local contractors to make sure they have a good understanding of the rules. “Most do a really good job educating the owners,” he said.

He also noted that a lot of the problems have occurred when the homeowners have taken it upon themselves to remove vegetation or make improvements, because they are often not as educated about greenbelt restrictions as the contractors are.

Lack of resources is cited as a great barrier to enforcing zoning regulations. Scheel said he patrols the shoreline every fall, taking pictures, but that a lot of the issues he deals with are brought to his attention through complaints made by other property owners. Because his position is only part-time, he said, he can’t monitor all of the infractions, especially the numerous violations of property owners docking too many watercraft off of their property.

Enforcing regulations takes time. Scheel said that typically, when there is a violation, he visits the homeowner to discuss the problem and show them the ordinance. From there, the homeowner has 30 days to fix the problem. If the problem is not satisfactorily addressed, two additional letters are sent out, at two- week intervals, before an infraction ticket is issued. In Hayes Township, a citation can bring a fine of up to $500, and additional citations can be issued if the problem is not remedied.

Property owners benefit by following greenbelt rules, noted Jennifer Gelb of the Tip of the Mitt Watershed Council. The rules obviously protect water quality over the long term, but also offer immediate benefits to property owners as well. When property owners remove native vegetation and use chemical fertilizers, they may see an increase in algal growth along the shoreline, and erosion from wave and ice action may be problematic as well. Gelb said that the use of native plants in landscaping can help to create a natural wildlife habitat, as well as create an aesthetically pleasing setting.

She recommended the Michigan Natural Shoreline Partnership’s website (www.mishorelinepartnership.org) as a resource for property owners and landscape architects who are interested in training programs to become more informed about greenbelt maintenance, as well as providing lists of native plants and other reference materials.

Joe Kimmell, a member of the Eveline Township planning board and zoning board of appeals and a board member of the Lake Charlevoix Association, said lack of education is also a big part of the problem. He said LCA will work to meet with local zoning administrators, homeowners’ associations, builders and landscape architects to address the issue.

“Through education, we can try to make sure everyone’s aware of the rules,” Kimmell said.