Note: Throughout the FAQ, local units of government are referred to as townships because townships have had jurisdiction over road ends in Roscommon County since the 1960s. In other counties however, local units of government with jurisdiction over road ends could include the county road commission, cities, villages, or townships.
- What are road ends?
- What lakes are affected?
- What are the concerns of lakefront property owners?
- What are the concerns of back lot property owners?
- Why should the general public be concerned about this issue?
- Haven't the courts already ruled on this issue?
- Why is legislation needed?
- Can the Legislature create a law that is different than what the courts have ruled?
- Why should townships make rules regarding public road ends?
- Won't action by townships result in recall elections?
- What happens if townships don't pass an ordinance?
- Is it possible to guarantee everyone a place for a hoist?
- Would anyone be able to use a private hoist on a road end?
- Can we limit hoists to people who own property in the township?
- Can we limit hoists to people who have had them in the past (grandfathering)?
- Isn't public access already provided at state boat launches?
- What will be the environmental impact to Michigan lakes of allowing road end access?
- Don't hoists at road ends prevent launching and retrieving boats?
- Why don't the townships simply apply for marina permits?
- Why don't back lot owners purchase and share a lakefront parcel for access?
- How do we control noise, litter, and trespassing at road ends?
- Can I put my hoist in this year? What will happen if I do?
- Don't I have a right to place my hoist at road ends?
- Can my dock association give me permission to place my hoist?
- What future action is expected on road ends?
In the simplest definition, road ends are areas where roads terminate at a body of water. Many road ends have been dedicated to provide public access to inland lakes. The historical use of this public access varies widely on Michigan's many lakes. Uses may include a point at which swimmers and boaters enter and exit the water, a beach developed for the purpose of sunbathing, picnicking, or lounging, or a seasonal location for docks and hoists to facilitate access to the lake.
What lakes are affected?Most of the noise being made on the road ends issue comes from Higgins Lake due to the extraordinarily large number of road ends on that lake and their long history of public use for docks, seasonal mooring, and as public beaches. However, Higgins Lake is far from the only lake in the state with road ends. Similar issues are occurring at Houghton Lake, Gun Lake, Lake Fenton, Walloon Lake, lakes in Oakland County, and other lakes throughout Michigan. Legislators without lakes in their district may be contacted on this issue as many lakefront and back lot property owners have a primary residence elsewhere in the state.
What are the concerns of lakefront property owners?Lakefront property owners (riparians) who purchase or inherit property next to a road end often complain about noise, litter, and trespassing by the public. Some lakefront property owners argue that providing public access at road ends allows for overuse of the lake and decreases their enjoyment of the lake. Riparian organizations, which are funded by some lakefront property owners, seek to close road ends to sunbathing, picnicking, lounging, docks, and hoists.
What are the concerns of back lot property owners?Back lot property owners worry about the loss of their ability to easily access the lake -an ability many families have enjoyed for generations. For some senior citizens and disabled individuals, a hoist is the only way they can physically launch a watercraft. The inability to access the lake in a meaningful way leads to lower property values, reduced income for small businesses surrounding the lake, and less tax revenue for neighboring townships.
Why should the general public be concerned about this issue?Public road ends are a key source of recreational access to many of Michigan's inland lakes for canoers, kayakers, anglers, waterfowl hunters, scuba divers, snorkelers, and other outdoor enthusiasts. The same riparian organizations attempting to prevent the public from using road ends have also attempted to close road ends to the public through adverse possession, abandonment, and the placement of obstructions. These organizations often fight DNR and township efforts to expand and improve public boat launches. Their goal is to restrict non-riparian access to Michigan's inland lakes as much as possible.
Haven't the courts already ruled on this issue?Yes, the decision often cited is the 1993 Court of Appeals ruling in Jacobs v. Lyon Township. On public roads dedicated "for the use of the public" or similar ambiguous language, the courts have attempted to determine the intent of the dedicator. Without a clear indication of intent, the courts have ruled that common law allows for ingress and egress and one non-exclusive dock. In their rulings, the courts are determining what is allowed under Judge made law, not what is in the interest of the people of Michigan. This difference in reasoning between case law (court rulings) and statutory law (made by the Legislature) which confuses many people.
Why is legislation needed?There is currently no statutory law governing what activities are permitted and prohibited at road ends in Michigan. The Legislature needs to act to protect the public's interest and local economies surrounding inland lakes. Legislative action is also needed to provide for police enforcement of laws concerning road ends. Currently, enforcement must occur through civil lawsuits as townships refuse to enact local restrictions to reflect unpopular case law. This has resulted in dozens of lawsuits costing both lake associations and townships millions of dollars. In 2004 alone, the Higgins Lake Property Owners Association (a riparian organization) reported spending $200,000 on litigation. This money could have been used instead to control the spread of invasive species or the construction of a township boat ramp or dredged marina that would have relieved some of the demand for road end access.
Can the Legislature create a law that is different that what the courts have ruled?The Legislative Service Bureau has said the Legislature has broad latitude in defining what uses "for the use of the public" includes, even if its definition exceeds that allowed under current case law. However, the Legislature cannot allow for uses that clearly exceed the scope of the dedication of a public road end. The Legislature cannot compel townships to allow certain uses of road ends. The Legislature cannot restrict townships from providing for uses that are currently allowed under law.
Why should townships make rules regarding public road ends?The simple answer is because townships already have control over these local roads. The people of a township should have the ability to decide what uses will be allowed at the road ends just as the State of Michigan and lakefront property owners do with their property. The width, depth, historical use, and other characteristics of these road ends vary greatly. It makes little sense to impose a one-rule-fits-all answer for every road end. Townships know what is needed to maintain economic growth and strength, historical usage, and simply what is best for the majority of their constituents. They should have the ability to regulate certain activities at their road ends.
Won't action by townships result in recall elections?Township officials face the threat of being recalled for many decisions made on the local level. It's unlikely that township officials will be successfully recalled if they are representing the majority will of the electorate. The proposal offered by Representative Sheltrown would further protect township officials from being recalled by requiring no action on the local level unless expanded use of the road ends is desired by a township board.
What happens if townships don't pass an ordinance?Only those uses currently allowed at road ends will be permitted. In most cases, this means simple ingress and egress and the placement of one non-exclusive dock.
Is it possible to guarantee everyone a place for a hoist?No, but issuing permits for some hoists in an equitable manner makes a bad situation a lot better. Just because a resource is public does not mean it is unlimited. Just as the number of campsites at state parks are limited, so are the number of locations for hoists at public road ends. Townships should be responsible for determining if and how many hoists are allowed at road ends under their jurisdiction. If a decision is made to allow hoists, an annual lottery can be held for permits. The revenue raised from these permits could be used to enforce noise, litter, parking, and trespass violations at the road ends.
Would anyone be able to use a private hoist on a road end?Use of the hoist at a road end would be reserved for the permit holder just as use of a private tent on a public camp site is reserved for the camper who pays the site fee. The township could require the owner of the hoist to show proof of liability insurance which names the township as a second insured party.
Can we limit hoists to people who own property in the township?Legally, this will not likely be possible. However, a township could charge a higher hoist permit fee to non-residents such as a community college would charge one credit fee for a resident and a higher credit fee for a non resident.
Can we limit hoists to people who have had them in the past (grandfathering)?Grandfathering has been discussed in the past as a possible resolution to the road ends issue. However, grandfathering is generally opposed by both riparian organizations and public access proponents. It does not provide a short term resolution to overcrowded road ends. It also does not provide an answer to concerns about diminishing public access or the lack of local control.
Isn't public access already provided at state boat launches?Many launches in Michigan are forced to close as parking lots fill. The DNR has not been able to meet public demand to expand parking due to lack of funds and the threat of lawsuits from riparian organizations. There are currently 3 state boat launches on Higgins Lake. There are 15 weekends between Memorial Day and Labor Day (the peak demand time on the lake). In 2004, the 3 state launches closed on 7 of the 15 weekends. In 2003, the 3 launches closed on 9 of the 15 weekends. Yet, with 10,317 acres of surface area, the lake appears empty on even the busiest days. While no practical and objective method of measuring the carrying capacity for watercraft on Higgins Lake is currently in use, even most lakefront owners believe the lake is not crowded.
What will be the environmental impact to Michigan lakes of allowing road end access?Recreational use of surface waters is a minor factor affecting inland lake water quality. Soil erosion, septic seepage, shoreline development, the use of fertilizers, and the natural aging of lakes (eutrophication) have far greater effects on water quality. Despite heavy use, Higgins Lake remains one of the cleanest lakes in the state which is the main reason for its popularity.
Don't hoists at road ends prevent launching and retrieving boats?Riparian organizations argue that placing hoists at public road ends restricts the public's right to ingress and egress of the water. The argument is meant to create the appearance that those groups support public access. Ironically, they often seek to have road ends abandoned based on the argument that ingress and egress creates a nuisance. Few if any members of the public are complaining about hoists at road ends. It takes at least two feet of water to launch almost all powerboats and sailboats. This makes it impossible to launch most watercraft at undredged road ends. While it is possible to launch canoes, kayaks, jet skis, flat bottom boats, and light fishing boats at road ends, the easy maneuverability of these watercraft allows them to be launched at even the busiest road ends, boat launches, or marinas.
Why don't the townships simply apply for marina permits?Townships are not in the business of operating commercial marinas. Township taxpayers should not be required to pay for a marina permit from the state to use their road ends for non-commercial activities just as private lakefront owners are not required to have marina permits for most non-commercial uses. If recent history is any indication, requiring townships to apply for marina permits will result in lawsuits against the township and state by riparian organizations seeking to block the permits from being issued. This has already occurred at Higgins Lake.
Why don't back lot owners purchase and share a lakefront parcel for access?Associations of back lot property owners have attempted to purchase lakefront property for access purposes as an alternative to using road ends. This practice is derogatorily referred to as "funneling" by riparian organizations who have sought to prevent such uses through lawsuits.
How do we control noise, litter, and trespassing at road ends?Controlling noise, litter, and trespassing by closing road ends is like controlling speeding by closing highways. What is needed instead is better enforcement of current laws. The Sheltrown proposal would allow local governments to use hoist permit fees to pay for nuisance enforcement at road ends and protect the quality of life of neighboring lakefront property owners.
Can I put my hoist in this year? What will happen if I do?If you place a hoist at a road end that has been closed to hoists by the courts before legislation takes effect, you may be sued by a riparian organization. You may have to pay a fine.
Don't I have a right to place my hoist at road ends?Only riparians have riparian rights and those rights cannot be transferred or sold. However, some back lot property owners have an easement or right-of-way in their deeds that allows for expanded use of a nearby road end.
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A private dock association has no legal right to control access to a public road end.
What future action is expected on road ends?If a legislative resolution to the road ends issue is achieved, the new statutory law would allow local governments to adopt ordinances providing for uses of their road ends and better enforcement. This will put an end to the continuous lawsuits, protect public access, and help control nuisances faced by lakefront property owners.