LANSING, Mich. — Michigan’s environmental agency has referred 24 individuals for prosecution to the office of Attorney General Dana Nessel due to violations related to wetland management over the past three years. This data comes from a document obtained through a public records request, highlighting the agency’s growing enforcement efforts.
According to Holly Gokee, executive secretary within the Department of Environment, Great Lakes, and Energy, these referrals include six cases from 2023, 13 from 2024, and five so far in 2025. Michigan boasts approximately 6.5 million acres of wetlands, which play a critical role in flood prevention and wildlife habitat.
The agency’s actions stem from complaints or tips concerning potential wetland violations. When such a situation is identified, department officials conduct site visits and investigations. If a violation is confirmed, the department issues a notice to the property owner. Should the owner fail to comply or respond, the case is escalated to the enforcement unit, which may result in a settlement or restoration agreement.
If compliance is still not achieved, the case may ultimately proceed to the Attorney General’s office. Emily Lensing from the Water Resources Division elaborated that the escalation process is designed to ensure that environmental regulations are upheld when immediate compliance is not secured.
Enforcement actions can take various forms. One notable case involved a property owner who built a residence on wetland areas without acquiring the necessary permits before selling the property. This complicates matters as new owners cannot simply demolish existing structures to restore the wetland.
Currently, a Freeland resident, Zach Wenzlick, faces significant financial repercussions, potentially $1.7 million, for expanding his pond, which is on a site previously used as a sand mine. The situation has drawn attention, particularly as it represents a conflict between property rights and environmental regulations.
Wetlands are essential as they absorb excess water, thus mitigating flooding, and they serve as breeding and nesting grounds for various wildlife, including endangered species. They also play a role in recharging groundwater supplies and controlling soil erosion.
State Representative Matthew Bierlein from Vassar has voiced concerns regarding Michigan’s wetland laws. He acknowledges the ecological benefits of wetlands but argues that Wenzlick’s pond expansion has not harmed the environment. “There’s no destruction of habitat. All they did was create a better space,” he noted.
In light of ongoing disputes, two Michigan men have recently approached a federal court, seeking to challenge a state law that limits property owners’ control over wetland management. This legal action underscores the tension between environmental protections and property owners’ rights, a debate that continues to evolve within the state.
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