North lake, Wauk. Cty. Boat launch, WHATS THE HANGUP?

I figured that might be the case, I'll give them a call and see what the deal is.

might be best to contact the DNR...as this is still being held captive by the lake association ... flinging all sorts of bogus lawsuits to delay/deny public access as guaranteed by the state of WI...

..........

"North Lake is a 437-acre, 78-feet deep drainage lake located in the and Village of Chenequa. It is the largest lake in Waukesha County without adequate public access. The W.C. (Whitey) Kraus public access site is located on the northwest side of North Lake at W323 N7453 Reddelien Road, Town of Merton, Waukesha County. If you know where the old boat rental and launch was, you are right on target.

The department purchased this access site way back in 2005 to provide year-round public access for boating and recreation. The public access development includes:

1.) Reconstructing the existing access road;

2.) Installing a boat ramp and accessible boarding dock;

3.) Providing parking for 16 vehicles with trailers, two car-only parking stalls, portable restroom and dumpster enclosure, and

4.) Landscaping and storm water controls to manage site runoff.

"Development at this property will ensure that anglers and recreational boaters have permanent year-round public access for open water and ice fishing on North Lake"

....

important to note this was once a boat rental and launch

Was hoping someone could tell me if ice fishing access is possible across the property the DNR purchased for the intended launch. PM me if you don't want to post

http://dnr.wi.gov/waterways/shoreland/doctrine.htm

I totally agree with Uncle Smallie. Does every lake have to have a launch for he general public? Invariably, this leads to a fishery that is hammered.

SR

Unc, I appreciate your comments, and respect your opinion however, I can't even begin to process the thought behind that statement.

Are you suggesting this public property be off limits for throngs of the great unwashed who'd like to enjoy it like you obviously have at some point?

Still trying to get my head around the concept.

Flytrap needs to go back and look at the sentence from the administrative law judge that nihsif quoted in the previous post : "But the public waters of Wisconsin belong to the residents of the state and are held in trust for all of them, not just lake property owners," Boldt concluded.” Maybe it is time for the property owners on the lake to question the leadership of their association about wasting a million dollars plus of their money on a suit they were sure to lose.

Definitely not good news. Some places in this world need to be and should stay private. It is my hope that North can remain the jewel that it is and remains private.

more on recent ruling

http://www.livinglakecountry.com/lakecountryreporter/news/dnr-wins-a-round-in-north-lake-battle-v45as6s-150799455.html

thought this excerpt from the judge's ruling was interesting:

"Boldt noted that an expert witness for the opponents of the boat launch had failed to prove there were "objective characteristics" of a navigable stream within the wetlands.

"Rather, it seems like a fictional construct of a group of nearby private riparian owners who are unhappy to be sharing this area of public waters with a public boat ramp. But the public waters of Wisconsin belong to the residents of the state and are held in trust for all of them, not just lake property owners," Boldt concluded."

....the fictional construct he was referencing was outlined in item 14 of the official ruling

"The next best effort by the petitioners to identify the area as a stream was present in the testimony of Mr. Reinbold. As Reinbold credibly testified, there is no question that that there has been regular flooding in the area and that water has flowed both away from and toward the lake along a line roughly consistent with that drawn by O'Reilly. But that does not make this area a stream.

Significantly, no aerial photographs were presented that identified a navigable water that presented itself objectively over time nor was any evidence presented to establish a definite stream channel. Rather, historic aerial photos from 1941 to 2010 do not support the existence of a specific flowing stream channel in this area.

Further, the day the kayak was paddled and filmed in the grove of trees, July 15, 2010 , followed a particularly wet month of June and the second highest rain events in July of that year. Ms Hanson testified that she had not previously navigated anywhere on the DNR property. Moreover, Ms. Hansen paddled the area on the specific day that she was directed to by O'Reilly.

Overall, the minimal facts presented do not support a conclusion that a navigable water exists in the grove of trees. Rather, the area meets the legal definition of diffuse surface waters in a floodplain.""

latest news:

"By Don Behm of the Journal Sentinel

May 07, 2012 5:08 p.m. | An administrative law judge has rejected a request by North Lake property owners to block construction of a public boat access on the lake's west shore.

The state Department of Natural Resources properly complied with wetland and navigable stream protection regulations in November 2010 when it approved construction of a boat ramp, road and parking lot for 16 vehicles and trailers as well as two car-only stalls, according to the judge's May 4 order.

Administrative Law Judge Jeffrey D. Boldt in Madison criticized lake property owners for creating "fictional" reasons to oppose the project because they were unhappy to be sharing the lake with the public.

One fiction was the suggestion by opponents that the DNR was willing to eliminate a stream on the property in approving the need to grade more than 10,000-square-feet of the property and fill up to 0.16 acres of wetland, according to Boldt. There is a depression on the shore that holds water during flooding but there is no stream channel to the lake that drains the upland surface, he said.

The 437-acre lake is the largest water body in Waukesha County without public access."

.....links

http://www.jsonline.com/news/waukesha/judge-rejects-bid-to-block-public-access-at-north-lake-i85aios-150504405.html

the judge's May 4th order: http://media.jsonline.com/documents/northlakeruling.pdf

"Andryk and Moroney noted that a Wisconsin Court of Appeals decision on Jan. 11 determined "the record developed by the DNR was not only adequate, it was extensive. It addressed all relevant areas of concerns in sufficient detail to evaluate the project's consequences."

The court ruling added, "It (DNR) responded to comments from NLMD and thoroughly addressed the alternatives, including the Kuchler site …"

I enjoy how it's claimed a "highway" will be built for the launch access (on the RRNA site). How have boat landing "highways" impacted other launches near residential areas? How has development along the lakeshore by residents & their property use impacted the lake? How has farmland in the watershed impacted the lake? Public waters of the state - let there be adequate access.

What the articles and the DNR do note communicate well is that the reason this is still going on in the courts is that the DNR has been losing in court. They did not follow their own rules, grossly underestimate/lie about the amount of wetlands they're filling in, etc. They bought a property with no road to it that had no house on it because it was unbuildable due to the wetlands. They lied about that at all the hearings knowing that they make the rules, approve their own permits etc. Not sure if my old posts are still on here but it was obvious that they were going to have this trouble from the beginning and I said as much. Still several years off if they insist on keeping it on the west shore.

This is purely a personal crusade by the DNR at this point. They've admitted that the hwy 83 site would be fine if that were the only option. Now, they claim it's not permittable.

It's easy to sit back and criticize the people fighting that location but you would probably think of it differently if they were doing this to your Aunt, Grandmother, etc. Most of the people on that road are of modest means and have been there for generations. Not a story of rich-v-poor.

If people wanted to shut off access to the lake they would have shut the launch down behind the post office. 8 boats there last saturday. It's not a legal operation but the locals let it go - Town, NLMD, etc.

http://www.livinglakecountry.com/lakecountryreporter/news/dnr-says-no-to-north-lake-management-district-again-eq4m7j2-144678535.html

latest news

http://www.livinglakecountry.com/lakecountryreporter/news/dnr-says-it-wont-negotiate-north-lake-compromise-9k47o6v-139708273.html

www.livinglakecountry.com/lakecountryreporter/news/boat-launch-battle-costing-millions-du3feha-135861478.html