VAN HORN SKI LAKE

Violating the land — and land regulations

Chad and Jenny Van Horn’s private ski lake and sand dune mine is a classic lesson in the consequences of government officials not holding people accountable to the laws. The Coastal Alliance is fighting to stop the project and require the Van Horns to restore the land and habitat they’ve destroyed.

In 2018, the Saugatuck Township Zoning Administrator gave the Van Horns a permit to excavate a 4.98 acre pond to build a private ski lake—a size just .02 acres less than what would have required an additional permit from the Michigan

Department of Environment, Great Lakes, and Energy (EGLE). Between 2018 and 2020, the Van Horns:

  • Excavated a 20 foot-deep pond, which in 2021 measured 6.7 acres—34% greater than what their permit allowed. Their actions have permanently altered the regional groundwater and lowered the water level in protected wetlands in the nearby Patty Birkholz Natural Area.

  • Clearcut about 20 acres of mature red pine forest, habitat for a threatened owl species.

  • Created a 70-foot high sand mound, which created a blowing sand nuisance for their neighbors and resulted in a violation notice from the Allegan Department of County Health.

  • Began removing and selling sand from the site without a permit. In 2020, EGLE issued a violation notice for sand dune mining without a permit. In 2021, the agency issued a violation of Section 301 Inland Lakes and Waters requirements.

    In February 2021, EGLE held a public hearing for an after-the-fact sand dune mining permit and granted a permit in April 2022. Shortly thereafter, EGLE voided the Section 301 violation.

Since August 2022, the Coastal Alliance has sought a full evidentiary hearing of all of EGLE's actions with regard to the Van Horn’s ski pond and its impact on the environment and natural resources of Michigan under the Natural Resources and Environmental Protection Act. The Administrative Law Judge’s denial of our request was upheld by the Circuit Court and the Court of Appeal, which prompted the Coastal Alliance to appeal to the Michigan Supreme Court in April 2024.

On October 30, 2024, the Supreme Court remanded our appeal to Michigan's Court of Appeal for consideration. The Supreme Court's decision effectively requires the Court of Appeals to hear our appeal as if they had granted leave – or permission – to appeal.

Key dates in the ski lake dispute

2018

The Saugatuck Township Zoning Administrator gives the Van Horns a permit to excavate a 4.98 acre pond to build a private ski lake.

2018 - 2020

The Van Horns clearcut about 20 acres of mature red pine forest, excavate their 6.7 acre pond, create a 70-foot high sand mound, and begin removing and selling sand from the site.

2020

EGLE issues a Section 301 violation notice for sand dune mining without a permit.

2021

EGLE holds a public hearing and grants an after-the-fact sand dune mining permit in April 2022. Shortly thereafter, EGLE voids the earlier Section 301 violation.

2023 - 2024

The Coastal Alliance seeks a full evidentiary hearing of EGLE’s actions related to the ski pond permit approval. We submitted our appeal to the Michigan Supreme Court in April 2024.