Attorney Dan Bock recognized by...
Pictured: Attorney Dan Bock with the Michigan Department of Natural Resources (DNR) Director, DNR Deputy Director and the Natural Resources ...
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Our Practices
Water Resources
Lakes & Inland Waters
Michigan’s lakes and inland waters present a distinct set of legal, regulatory, and practical issues for counties, local governments, lake associations, and property owners alike. Fahey Schultz Burzych Rhodes advises clients on lake levels, lake improvement projects, permitting, and related governance matters, with an emphasis on clear guidance and efficient process management. Our attorneys understand that these matters often involve competing public and private interests, environmental considerations, funding challenges, and ongoing operational needs, and we work closely with clients to navigate those issues in a way that supports both compliance and the responsible stewardship of Michigan’s inland waters.
Lake Levels
Our Water Resources team guides counties through every stage of the legal lake level process under Part 307 of Michigan’s Natural Resources and Environmental Protection Act. We assist with both the administration of existing court-ordered lake levels and the establishment of new lake levels, emphasizing public transparency and stakeholder involvement throughout the process.
Our lake levels experience includes:
- Establishing and revising legal lake levels
- Setting special assessment district boundaries
- Developing assessment methodologies and conducting assessment hearings
- Easement and property acquisition
- Drafting dam operator agreements
- Preparing resolutions for maintenance and improvements
- Representing counties in appeals
Permitting
Our attorneys advise clients on permitting issues for lake-related projects and activities, including permits under Parts 301, 303, and 315 of Michigan’s Natural Resources and Environmental Protection Act. We help clients navigate the often-complex permitting process efficiently to minimize risks and delays.
Our permitting experience includes:
- Assisting with permit applications
- Interpreting permit requirements
- Evaluating permit exemptions
- Challenging or appealing permit denials
- Representing parties in contested case hearings
- Counseling clients on alleged permit violations and enforcement matters
Lake Improvements
Communities and property owners throughout Michigan have undertaken various projects and activities to improve access to lakes. Lakes contribute to local economic activity and the tax base while also providing recreational opportunities for lakefront residents and visitors alike. Our firm has experience with a variety of lake improvement projects, including the legal and funding considerations that often accompany them.
Some examples of lake improvement projects we can help with include:
- Lake level management
- Management of aquatic nuisances (e.g., weed control)
- Dredging
- Assisting clients with grants and third-party funding opportunities
- Improvements that support lake access, such as streetlights, sidewalks, private road projects, and sewer and stormwater systems
- Zoning regulations tailored to lakes, including appropriate regulations for viewshed and keyhole properties
- Economic development tools and statutes tailored for lakefront communities
- Environmental initiatives, including water quality testing and management
Homeowners’ Associations (HOAs) and Lake Associations
Homeowners’ associations and lake associations play vital roles in the communities where they exist. They often serve as stewards of individual lakes and encourage the orderly development and use of lakes by property owners. We have assisted these entities with a variety of projects.
Some of the matters our firm is prepared to assist with include:
- Coordination with local units of government to fund lake improvements, including through special assessments (in lieu of funding from association fees)
- Review and modification of articles of incorporation and bylaws
- Enforcement of restrictive covenants
- Managing short-term rentals and other emerging issues
- Assisting with board governance matters
- Regulation of keyholing, dock use, and bubblers
- Land acquisition
- Creating new organizations
Lake Property Owners
Riparian property often involves legal questions that extend beyond a typical real estate matter. Lake access, shoreline improvements, property disputes, and local or state permitting requirements can shape how lake property is owned, improved, and enjoyed. Our attorneys help property owners evaluate the rights and limitations affecting their property and work toward practical solutions that protect their interests, address regulatory requirements, and ultimately allow for better enjoyment of the lake.
We are ready to help riparian property owners with issues like:
- Paper roads and other plat-related issues
- Easements, private roads, and shared-access arrangements
- Restrictive covenants and deed restrictions
- Keyholing, dock use, boat access, and related neighborhood concerns
- Seawall, dock, and shoreline permitting
- Riparian rights and shoreline-use disputes
- Coordination with local governments and state agencies on lakefront development or improvement projects
Latest Water Resources Articles & Resources
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FSBR Welcomes Daniel P. Bock to...
Fahey Schultz Burzych Rhodes PLC is pleased to announce that Daniel P. Bock has joined the firm as Senior Attorney within our Water Resource...
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Governor Signs Two Bills to Upd...
On December 29, 2020, Governor Whitmer signed House Bill 5126 and House Bill 5504 to provide updates to the Michigan Drain Code. House Bill ...
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Request a ConsultationAt Fahey Schultz Burzych Rhodes PLC, we’ve been helping municipalities, franchised businesses, employers, and more with their legal needs since 2008. We’d love to learn how we can help you, too.
