AMVETS Marina
On July 26, 2016, the Michigan DEQ approved an application from the AMVETS Lodge on the NW shore of Higgins to construct a 36-boat marina that would extend 522 feet into the lake. Knowing that this marina has been opposed by the Higgins Lake Property Owners Association and neighboring property owners to the south and not having seen any actual plans, I decided to stop by and see if the Lodge would show me what they had for visuals.
When I walked into their office, I was met by their office manager, who after responding to the need to replace a fuse, disappeared into a room where files are kept. After a short time, she returned and said she couldn’t find them and that she would have to talk to someone about it. She seemed defensive, but I asked her to see if she could find them and send me a photo. Then next day, I had an email from “Craig Robinson, Chairman of the AMVETS Lodge Committee”, asking the purpose of my inquiry. I explained that I was curious and knew that others would be interested as well. In my experience, plans are better than verbal descriptions in making clear what is being proposed. He responded that my request would have to be directed to the Michigan Department of Environmental Quality (DEQ). I then contacted Jim Vondale, who chairs the HLPOA Riparian Committee, and happily was sent both the permit application and approval with plans attached.
The Plan
Not surprisingly, the plans show things not covered by the descriptions.
The drawing shows a 457 foot 5-foot wide dock to accommodate 6 jet ski hoists near shore and 22 spots for pontoon boats with 3-foot wide finger piers between them. In addition, plans provide for 8 hoists for v-hull motor boats which would extend another 65 feet beyond the end of the dock section. These would have 3-foot wide finger piers between them. Note the plan as approved by the DEQ modified the AMVETS plans as submitted by removing two pontoon slots and the extension of the 5-foot wide dock into the lifts for v-hulled boats (erased area shown in white).
Violation of Michigan Act 56
The drawing also shows the dock extending out parallel to the property lines. Higgins bottom rights actually extend to the middle of the lake from the points where property lines meet the shore. The red dashed lines on the plan have been added to show approximately the extension of Ironwood Road right-of-way which runs along side the Lodge property. If correct, this would indicate the dock plan calls for construction which is not on the AMVETS property but within the road end, a violation of Michigan’s Act 56. Talking to a surveyor I was told that DEQ would normally require a marine survey for a plan like this, but that was not the case here.
Act 56 passed in 2012 basically outlaws private docks, boat hoists, piers and similar structures from being placed at road ends. The law makes it a misdemeanor to use public road ends for placing boat hoists or boat anchorage systems mooring or docking boats between midnight and sunrise . There’s a $500 fine for each 24-hour period the violation exists. The law also provides a cause for action in civil courts.
Extension into the Lake
The dashed line on the Google Map view shows how the marina would extend from the shore to just short of the drop-off into black water. It is very close to the Ironwood Road right-of-way and AMVETS property line to the north. One wonders how something this long could be built without its becoming a navigational hazard. It is definitely a different scale from anything nearby.
The Opposition
In a meeting with Wayne Brooks, the president of the Northwest Lakefront Property Owners Association (NLPOA), I learned that the relationship with AMVETS facility until recently has been relatively benign. Things started changing 3 or 4 years ago with the arrival of new managers who appeared to be intent on increasing revenue through using the facility for wedding events and renting spots for mooring boats to people who are not guests of the lodge, in effect creating a public marina. According to Wayne, there is no staff presence after 5 pm, allowing noise and other behavioral problems to develop because of the lack of supervision.
The permit has been opposed by the Higgins Lake Property Owners Association and NLPOA. To date, no construction has taken place. Both the HLPOA and the NW Shore group are prepared to take legal action. An attempt was made to stop the permit through an administrative legal review process, but this was ineffective. Lyons Township also has the power to prevent construction under its zoning laws, but the township supervisor has taken the position that the zoning does not extend beyond the shore, a position that was not supported by the township attorney who has since left. It has also been determined by the state courts that the zoning powers do extend into the water. For political reasons it appears that the town supervisor, Ed Nellis, chooses not to enforce the zoning.
The basis for a law suit, which would be filed jointly by the HLPOA and the NLPOA would be that the marina operation represents a change of use under the zoning laws. The change would be from the quieter provisions of a few moorings for guests to a large number for essentially public use. While the permit limits the use to “members”, membership in AMVETS is has a low threshold. Nationally, it is open to anyone who has served in the armed forces since 1940. Membership costs are nominal. It should be noted that AMVETS does not have any relationship with the American Legion and Camp Curnalia to the north.










