We continue to fight for the right to challenge the marina permits.

The Coastal Alliance has been in a legal battle with Saugatuck Township and NorthShore of Saugatuck to be granted standing to challenge the marina permit granted by the Township Planning Commission in 2017. Our lawsuit began with the Allegan County Circuit Court and was eventually argued before the Michigan Supreme Court, which in July 2022 clarified the criteria for standing and remanded the case back to Allegan County Circuit Court.

Standing is a gate-keeping function used by the courts to ensure that lawsuits are brought by parties who have a first-hand interest in the matter – that they have ‘skin in the game.’ Standing is required to appeal zoning decisions.

On April 24, 2023, Allegan County Circuit Court Judge Roberts Kengis directed the Saugatuck Township Zoning Board of Appeals (ZBA) to determine whether the Coastal Alliance has standing to challenge the permit. The Judge’s decision will require the Township ZBA to consider all new evidence – from the Coastal Alliance and NorthShore – that with good reason was not presented to them in 2017 and 2018 when they denied the Coastal Alliance’s challenge to the Planned Unit Development (PUD) and special use permits. The ZBA also will be required to apply the new standards for standing that were provided by the Michigan Supreme Court in 2022. We expect the Township’s ZBA hearing to be held as soon as September 2023. Once we are granted standing, we will argue the merits of our case in the Allegan County Circuit Court.

The three merits of our lawsuit:

We feel confident we will overturn the local permits if we are able to argue the merits of the case in court.

• Saugatuck Township Zoning Ordinance Section 40-910(h) states ‘In No Event shall a canal or channel be excavated for the purpose of expanding the waterfrontage.’ The applicant wants to add 3,200 feet of waterfrontage.

• Ordinance Section 40-337(c)3 prohibits contour changes within the Critical Dune area. The proposal would erase 7 acres of the Critical Dune Area.

• A Special Approval Use (SAU) must not change the character of the surrounding area. The U.S. Army Corps of Engineers (USACE) released a Memorandum for Record in November 2022 that explicitly states that the proposal will change the character of the River Mouth.

We are contesting permits to build the proposed marina.

NorthShore of Saugatuck needs three sets of permits – local, state, and federal – to build its proposed marina. We are fighting all of them.

Saugatuck Township

PERMIT STATUS: Expired, 2018; we are seeking official termination

NorthShore’s local permit, granted in 2017, included a condition that construction must begin no later than March 15, 2018. This condition is supported by provisions within the Code of Ordinances that allow the Planning Commission to terminate permits after one year if no significant progress has been made to complete the project. In November 2022, the Coastal Alliance asked both the Township Board and the Township Planning Commission to formally terminate the local permit since no work has begun. We have not yet received official responses to those requests.

Michigan Department of Environment, Great Lakes & Energy

PERMIT STATUS: Public hearing held; decision anticipated as soon as mid-August

The original EGLE permits granted to build the marina in 2018 expired in January 2023. The property owner and developer have completed new permit applications. EGLE held a Public Hearing on July 10 with public comments accepted through July 20. Decisions from
EGLE could come as early as mid-August.

Federal

PERMIT STATUS: Under Review

The U.S. Army Corps of Engineers (USACE) continues its review of three permit applications:

I. Section 106 Historic Properties Review

USACE is actively reviewing the Section 106 Historic Properties application. On November 15, 2022, the agency filed a Memorandum for Record in conjunction with the review that concluded with:

In summary, the undertaking would cause an adverse effect on the Kalamazoo River Mouth Traditional Cultural Property [a National Register of Historic Places designation] due to its direct physical effects on the landscape; visual and auditory characteristics of the river mouth (i.e., the place where river, lake, and forest meet); the feeling and character of the river mouth area; Potawatomi cultural and spiritual beliefs and practices associated with use of the river mouth; and potential impacts on lake sturgeon, water quality, and the ecological characteristics of the area.

Since then, the Coastal Alliance and other consulting parties – ACHP, State Historic Preservation Office, the Tribal Nations, Saugatuck Township, the National Trust, the Michigan Historic Preservation Network, Coastal Alliance, and the Bily Family – have had several meetings with USACE to detail our many concerns about the proposed marina. The agency has asked the consulting parties and NorthShore to recommend how to minimize, mitigate, or avoid adverse impacts.

Given the breadth and depth of the cumulative detrimental permanent impact to the River Mouth, including significant Environmental Justice issues, the Coastal Alliance believes the only logical and just decision is to deny the permit for this proposed commercial endeavor with prejudice.

 We don’t know when USACE will make its decision – stay tuned!

II. Public Interest Factors Review

USACE is also conducting a Public Interest Factors review, which involves an analysis of the impacts the proposed marina would have on factors including navigation, land use, general environmental concerns, wetlands, fish and wildlife, economics, and the needs and welfare of the people.

On October 2022, the City of Saugatuck unanimously approved a 65-point resolution that details their concerns with the proposed marina. The City owns about 300 acres and 16,000 feet of river frontage directly across from the proposed marina. The resolution concludes with:

60. The City, as a "local agency having interest over the particular activity," finds that the proposed marina basin is "contrary to the public interest."

61.  The City finds that the cumulative, permanent detrimental impacts of the excavation and construction of the proposed marina basin on property held by the City, adjacent natural areas, and on the Tri-Community tourist-based economy far outweigh any benefits from the construction of the marina basin. The City therefore finds that the canal is not necessary for development of the property at issue.

62.  The City finds that the Tri-Community tourist-based economy relies on the preservation of the historical, ecological, and cultural values in the river mouth area.

63.  The City finds that the proposed marina basin is contrary to the well-established "public and private uses to which the area is suited."

III. The National Environmental Policy Act (NEPA) Review

The USACE included the following sentence in their November 15, 2022, Memorandum For Record:

The adverse effects of the undertaking on the Kalamazoo River Mouth TCP would accrue for the Potawatomi Tribes that ascribe significance to the TCP, and we will consider the potential environmental justice implications further in our NEPA analysis, as part of our permit review.

 We don’t have a timetable for USACE’s decisions on the three permit applications.