Committee members raise enforcement concerns after excavator work on Highway J dam

Committee members on July 14 raised concerns about recent excavation and shoreline work on the Highway J earthen embankment and the county's ability to secure consistent enforcement and oversight.

Supervisor Sheila Reeve described a recent weekend event in which a property owner used an excavator to remove root systems and place riprap on the lakeside embankment near Highway J. Reeve said the work affected both the county-owned portion of the embankment and privately owned portions shared by multiple property owners.

Reeve said she contacted the DNR enforcement warden, who visited the site and reportedly told the property owner "the grass looks nice" and offered an after-the-fact riprap permit for work that is in the water. Reeve and other committee members said Public Works fined the property owner for work in the road right of way, but they remain concerned about what was compacted into the embankment and whether any subsurface borings or inspections were done.

"I don't know what's in that ground, and I can't believe that the DNR didn't do a boring or a sonar or whatever they have to see what's in that ground," a committee member said.

Staff said the county owns the highway right-of-way and the structural portion of the dam (box culvert and wing walls), while adjacent embankment sections are split among private property owners. Staff and members said the site has a long maintenance history and that a signed agreement had existed about tree removal; the property owner took additional action on a weekend without prior coordination, the committee said.

Committee discussion framed the issue as an example of the limits of "carrot" incentive-based conservation measures when serious violations occur, and members debated whether more enforcement resources (the "stick") are needed in addition to incentive programs. No formal enforcement decision or county action was taken at the meeting; members said the DNR was the primary enforcement agency for in-water work and that Public Works had issued a fine for right-of-way impacts.

Committee members asked staff to keep them informed of any follow-up from DNR or Public Works and noted the incident when discussing priorities for oversight during budget talks.