Advertisement

The Stormwater and Erosion Subcommittee held 14 meetings and three public hearings since July, putting together an ordinance to control soil erosion.

The county commissioners approved the ordinance later in the meeting, but had to rescind it when it was pointed out that the commissioners can't act on an ordinance immediately following a public hearing. They will re-vote in March.

Some at the meeting questioned the needs for such an ordinance and said it only makes more restrictions for builders in the area.

But Soil Erosion Officer for Antrim County Heidi Lang said stormwater is an issue that has to be addressed.

"Soil has to stay in place," she said. "If it washes out on the road, you have to deal with it."

The proposed ordinance states that it's essential to protect natural resources and the environment in Antrim County from the adverse effects of soil erosion, sedimentation and stormwater runoff.

"With surface runoff, you're going to pick up sediments, chemicals and all kind of contaminants," Lang said. "If we don't try to limit that we get all that runoff into the lakes."

Some felt the current state law addressing the issue was enough. But Prosecuting Attorney Charles Koop pointed out the main differences.

According to Koop, the biggest disparity is that the proposed ordinance holds the builder liable as well as the property owner and the state law says just the owner is liable.

"We place some responsibility on the contractor," Lang said. "The person responsible should be those people doing the work."

The ordinance also calls for an appeals board in which the property owner can go to appeal a violation.

Koop said he felt the appeals board was a means to speed up the appeals process.

Lang explained differently.

"It gives people an opportunity to question my judgment," she said.

Kent McNeil brought in a case to the commissioners from 1998 questioning the county's authority to make an ordinance more restrictive than state law.

"The county couldn't enforce something over the top of the DEQ," McNeil said. "This ordinance is declaring war on private property."

Koop contended that the ruling on the case McNeil referred to has been adjusted and does not apply here.

Among objections, was also support.

Norton Bretz, executive director of the Three Lakes Association commented at the hearing and said he supported the ordinance.

Bretz said his main concern is phosphorous getting into the lakes.

"The link between phosphorous and erosion is when erosion occurs phosphorous comes in at a much greater rate," he said.

Though the lakes in the Chain of Lakes region are considered clean now, Bretz said more phosphorous could affect that.

"As the population gets larger, I think we have to be more careful," he said.

Janet Person, zoning administrator for the village of Bellaire said she supported the ordinance too.

Lang said the ordinance was sent to the DEQ last Thursday and they will wait for feedback from that department.

Hadley Robinson can be reached at hrobinson@michigannewspapers.com or by calling 231-533-8523.