Industry, Ports, & Navigation Results

During its discussions, the Industry, Ports and Navigation Work Group identified 47 issues of concern. These issues were consolidated under the following major category headings: Coastal, CZM, Industry, Permits, Ports/Navigation, Public Access and Safety. The issues were then ranked by letting each member place 5 different post-it notes on the wall. Each note contained the number of the issue, the key words to identify the issue and either a 1, 2, 3, 4, or 5 representing their lowest priority to highest priority issue. The total points placed on an issue were multiplied by the number of people placing a note on it, to determine the ultimate points. The purpose of the points was to identify those issues which the group wanted to discuss first. The group then discussed solutions for the six issues which had the highest number of points. The following are the top six issues and the recommended solutions offered for these issues:

Issue: Boundary - Priority Points: 60 Major Category: CZM

Boundary to include the Little Calumet, Burns Ditch and Salt Creek river valleys.

  • Entire watershed.
  • To Highway 12.
  • 1000 feet from the beach.
  • Allow no construction in the floodplain of rivers.
  • Program should stop erosion on the beach.
  • Should be Highway 20 (not HWY 12) through Porter and LaPorte Counties.
  • Two tier boundary: North of U.S. 20, and the Lake Michigan watershed.
  • Discuss the "no action alternative".
  • Pertain to the lakeshore only; not the river corridors.
  • Follow the floodway boundary already established for permit process.

Issue: Industry "Brownfields" - Priority Points: 32 Major Category: Permits

Question of liability for private property with public access and abandoned sites.

  • (Not public property) - Protect private property rights and maintain tax base. No action alternative.
  • Actions should be confined to property where owners give mutual consent.
    a. Public access
    b. Commercial recreation
    c. No priority given to non-water dependent use based industry.
    d. Provide monetary incentives for coastal based zoning.
  • Rehabilitate existing sites to provide economic benefit.
  • Duplication of private property rights issue, local zoning and current permitting agencies. No action alternative.
  • Any 'brownfields' within ¼ mile of shoreline should return to public lands.
  • If current owner has no profitable use: Purchase land by public agency for public use. (i.e. recreation or open space).
  • Government should purchase land and develop for public use.
  • Question the liability of using toxic sites for public use.
  • Public use of current lakefill sites.
  • Current laws and agencies cover issues
    a) use private incentives
    b) no condemnation
  • Use influence to allow public access.
  • Should become public access.

Issue: Public Access to Industrial Land - Priority Points: 24 Major Category: Industry

  • Improve access to breakwalls where appropriate, including seawalls/shoreline, rivers, bank fishing (all water).
  • Encourage industry to provide access to areas suitable for access. If public funds were used for breakwalls access should be provided.
  • IDNR should accept the liability of access and control.
  • Enhance existing access.
  • Protection (security) and damage control (who is in charge and responsible for protection, security, damage control including drug enforcement).
  • Private Property Rights Issue
    -does not belong
  • A list of all sites should be prepared by DNR.
  • Should DNR have authority or control over access on private land?
  • Where will funding come from to police and maintain access areas?
  • Who will be responsible for setting the hours and setting the regulations. You have to meet to gain access to industrial access sites. (Permits etc.)
  • Meet the concerns of industry for public access (when it is appropriate).

Issue: Bureaucracy - Priority Points: 18 Major Category: Permits

  • Repository of permits and clearinghouse needed.
  • Who will set and create fees - Property owner/IDNR/etc.
  • One central location to obtain permits/information.
  • Difficult to standardize permits - must be site specific.
  • Standardize requirements for permits and permit evaluation.
  • Eliminate all regulatory bureaucracies but one.
  • Specific flow chart for permit process to guide applicants.
  • Who will enforce laws/permits.
  • Continue to allow state and local interests to comment on permits.
  • Continue to allow public comment on permits.
  • Communication between Federal & State agencies should be improved. Move COE from Detroit to Chicago.
  • Combine all regulatory bureaucracies into one.
  • No Action Alternative
    -leave as currently exists.
  • Who would be the top lead agency in all this? Federal laws override everything else? The Corps should be the lead. If they don't do it then it should be local control. State laws should conform themselves to federal code with input from the areas affected by the law.
  • Local government should be the final decision maker on permits.
  • One stop permits limited to the unit of government involved (Feds, State and local act independently).
  • Local government should not have control (of permits).

Issue: Property Rights - Priority Points: 18 Major Category: CZM

  • Respect private property rights - current/existing.
  • No condemnation of tax payers private property.
  • Concern for environment must not be used as excuse to violate constitutionally protected property rights.
  • Uniform enforcement of shoreline rules (rights).
  • Protection (police) Enforcement.
  • No federal or state people should be allowed on private property without written consent from property owner.
  • Uniform rules for construction in floodway and on shoreline must be enforced.
  • There should be no construction in floodway/floodplain other than for navigation i.e., boat related (nor permitted on any shoreline subject to erosion.
  • All Federal/State/Local actions should require a "takings implications assessment" (already required by state law).
  • Condemnation rights of Local, State and Federal governments should be retain ed subject to law and that public health, safety and the environment are justified for existing rights.
  • Provide legal council and access to condemnation appraiser's report of condemned person.
  • Public concerns for environmental safety and enforcement on private property i.e., pollution.
  • Multiple appraiser reports (refer to #11a).
  • Public safety, environmental zoning and land use issues should lie solely with the local government.
  • Don't use condemnation for preservation or recreation.
  • Public health, safety, environment, zoning, and land use control should not rest solely with local government.
  • Public health, safety and environmental regulation should not be considered taking of public property.
  • Condemnation should be available (retained as so) as a means of preserving natural resources.
Issue: Public Access - Ports - Priority Points: 16 Major Category: Public Access

  • Allow access for Fish Restoration dollars.
  • No action alternative. Stick with whatever we have.
  • Establish commuter transportation between ports.
  • Annual formal plan should be required of joint agencies with specific funding to enhance public access - developed by agencies - i.e. boat safety.
  • Public access in all ports should be planned & maintained where Local, State or Federal funds are used.
  • There should be a single jurisdiction over ports.
  • DNR is responsible for liability and control for the limited access to ports.
  • Gambling should not be allowed in ports paid for with public funding.

Other Issues which were identified and ranked, but not discussed further are shown below:

Issues Priority
Points
Major
Category
Establish a local repository of permits. 14 Permits
Prohibit lake fills. 14 Permits
Shoreline erosion. 12 Coastal
Property benefits. 12 Coastal
Streamline the permitting process with the adoption of reasonable time frames for application review. 12 Permits
Nonmonetary benefits and cost/benefit. 10 CZM
Are there liability problems if industry provides public access. 8 Industry
Should new industrial development be located on the shoreline? 5 Permits
What are new permit requirements with CZM. 5 Permits
Simplify and coordinate duplicative permits and redundant enforcement at both the State and Federal level. 4 Permits
Assure water quality. 3 Permits
Prepare a comprehensive listing of Local, State, and Federal permits and contact persons to be updated on a regular basis. 3 Permits
Ban future industrial shoreline development permits. 3 Permits
Boating safety. 1 Safety

Other Issues receiving consideration Major
Category
Develop criteria to assess environmental quality of sediment for beach nourishment. Coastal
How can accumulation be prevented if existing polluted sediments are removed? Coastal
Set standards for beach nourishment projects. Coastal
What kinds of uses would be appropriate if old waste disposal sites are cleaned up? Coastal
Fund feasibility studies for proper disposal sites. Coastal
Inter-relationship between uses. Coastal
To whom would the group submit its product? CZM
Funding for CZM activities - current and future. CZM
Mediate shoreline conservation with economic benefits to State. CZM
What forum should be used to assimilate the four work group reports? CZM
Should government agency representatives be included? CZM
What would be the product of this group? CZM
Should a single group be created to review the work group products for duplications or conflicting resolutions? CZM
What would be the constituency of a group of this type? CZM
Industrial stormwater management. Permits
Impact of casinos and industrial development. Permits
Habitat creation standards by Corps. Permits
Publish a manual of recodified DNR Coastal Laws. Permits
Open communication between state agencies through such means as computer networking between IDEM and DNR regarding permit applications (Notably applicable to wetlands and waterway permits). Permits
Set local standards for sediment quality. Permits
What provisions should be made for disposal of dredged materials in order to maintain navigation channels? Permits
Where should new development be located on the shore? Permits
Publish criteria for various permits. Permits
Impact of commercial vessels on water quality - E. coli. Port/Nav.
Harbors of refuge. Port/Nav.
Age consideration for personal watercraft. Port/Nav.
How can safety be improved for commercial and recreational vessels? Port/Nav.